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 Tax Commission; and
24               •     Utah Science Technology and Research Governing Authority;
25          ▸     requires the Bureau of Criminal Identification to provide agencies with the results of
26     the background checks; and
27          ▸     makes technical and conforming changes.

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

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

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

90     appointed positions.
91          (3) Each appointee or applicant for a position listed in Subsection (2) shall provide a
92     completed fingerprint card to the department upon request.
93          (4) The department shall require that an individual required to submit to a background
94     check under Subsection (3) provide a signed waiver on a form provided by the department that
95     meets the requirements of Subsection 53-10-108(4).
96          (5) For a noncriminal justice background search and registration in accordance with
97     Subsection 53-10-108(13), the department shall submit to the bureau:
98          (a) the applicant's personal identifying information and fingerprints for a criminal
99     history search of applicable local, regional, and national databases; and
100          (b) a request for all information received as a result of the local, regional, and
101     nationwide background check.
102          (6) The department is responsible for the payment of all fees required by Subsection
103     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
104     the bureau.
105          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
106     Administrative Rulemaking Act, that:
107          (a) determine how the department will assess the employment status of an individual
108     upon receipt of background information; and
109          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
110     with Subsection 53-10-108(13)(b).
111          Section 3. Section 26-1-17.1 is enacted to read:
112          26-1-17.1. Background checks for employees.
113          (1) As used in this section "bureau" means the Bureau of Criminal Identification
114     created in Section 53-10-201.
115          (2) Beginning July 1, 2018, the department may require a fingerprint-based local,
116     regional, and national criminal history background check and ongoing monitoring of:
117          (a) all staff, contracted employees, and volunteers who:
118          (i) have access to protected health information or personal identifying information;
119          (ii) have direct contact with patients, children, or vulnerable adults as defined in
120     Section 62A-2-120;

121          (iii) work in areas of privacy and data security;
122          (iv) handle financial information, including receipt of funds, reviewing invoices,
123     making payments, and other types of financial information; and
124          (v) perform audit functions, whether internal or external, on behalf of the department;
125     and
126          (b) job applicants who have been offered a position with the department and the job
127     requirements include those described in Subsection (2)(a).
128          (3) Each individual in a position listed in Subsection (2) shall provide a completed
129     fingerprint card to the department upon request.
130          (4) The department shall require that an individual required to submit to a background
131     check under Subsection (3) provide a signed waiver on a form provided by the department that
132     meets the requirements of Subsection 53-10-108(4).
133          (5) For a noncriminal justice background search and registration in accordance with
134     Subsection 53-10-108(13), the department shall submit to the bureau:
135          (a) the applicant's personal identifying information and fingerprints for a criminal
136     history search of applicable local, regional, and national databases; and
137          (b) a request for all information received as a result of the local, regional, and
138     nationwide background check.
139          (6) The department is responsible for the payment of all fees required by Subsection
140     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
141     the bureau.
142          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
143     Administrative Rulemaking Act, that:
144          (a) determine how the department will assess the employment status of an individual
145     upon receipt of background information;
146          (b) determine the type of crimes and the severity that would disqualify an individual
147     from holding a position; and
148          (c) identify the appropriate privacy risk mitigation strategy to be used in accordance
149     with Subsection 53-10-108(13)(b).
150          Section 4. Section 35A-1-102 is amended to read:
151          35A-1-102. Definitions.

152          Unless otherwise specified, as used in this title:
153          (1) "Client" means an individual who the department has determined to be eligible for
154     services or benefits under:
155          (a) Chapter 3, Employment Support Act; and
156          (b) Chapter 5, Training and Workforce Improvement Act.
157          (2) "Department" means the Department of Workforce Services created in Section
158     35A-1-103.
159          (3) "Economic service area" means an economic service area established in accordance
160     with Chapter 2, Economic Service Areas.
161          (4) "Employment assistance" means services or benefits provided by the department
162     under:
163          (a) Chapter 3, Employment Support Act; and
164          (b) Chapter 5, Training and Workforce Improvement Act.
165          (5) "Employment center" is a location in an economic service area where the services
166     provided by an economic service area under Section 35A-2-201 may be accessed by a client.
167          (6) "Employment counselor" means an individual responsible for developing an
168     employment plan and coordinating the services and benefits under this title in accordance with
169     Chapter 2, Economic Service Areas.
170          (7) "Employment plan" means a written agreement between the department and a client
171     that describes:
172          (a) the relationship between the department and the client;
173          (b) the obligations of the department and the client; and
174          (c) the result if an obligation is not fulfilled by the department or the client.
175          (8) "Executive director" means the executive director of the department appointed
176     under Section 35A-1-201.
177          (9) "Government entity" means the state or any county, municipality, local district,
178     special service district, or other political subdivision or administrative unit of the state, a state
179     institution of higher education as defined in Section 53B-2-101, or a local education agency as
180     defined in Section 53A-30-102.
181          (10) "Public assistance" means:
182          (a) services or benefits provided under Chapter 3, Employment Support Act;

183          (b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
184          (c) foster care maintenance payments provided from the General Fund or under Title
185     IV-E of the Social Security Act;
186          (d) SNAP benefits; and
187          (e) any other public funds expended for the benefit of a person in need of financial,
188     medical, food, housing, or related assistance.
189          (11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
190     Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
191     federal Food Stamp Program.
192          (12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
193     privilege available under SNAP.
194          (13) "Stabilization" means addressing the basic living, family care, and social or
195     psychological needs of the client so that the client may take advantage of training or
196     employment opportunities provided under this title or through other agencies or institutions.
197          (14) "Vulnerable populations" means children or adults with a life situation that
198     substantially affects that individual's ability to:
199          (a) provide personal protection;
200          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
201          (c) obtain services necessary for health, safety, or welfare;
202          (d) carry out the activities of daily living;
203          (e) manage the adult's own financial resources; or
204          (f) comprehend the nature and consequences of remaining in a situation of abuse,
205     neglect, or exploitation.
206          Section 5. Section 35A-1-104.1 is enacted to read:
207          35A-1-104.1. Background checks for employees.
208          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
209     created in Section 53-10-201.
210          (2) Beginning July 1, 2018, the department may require current employees in, and all
211     applicants for, the following positions to submit to a fingerprint-based local, regional, and
212     national criminal history background check and ongoing monitoring as a condition of
213     employment:

214          (a) employees that access or may access federal tax information; and
215          (b) employees serving or interacting with vulnerable populations as defined in Section
216     35A-1-102.
217          (3) Each individual in a position listed in Subsection (2) shall provide a completed
218     fingerprint card to the department upon request.
219          (4) The department shall require that an individual required to submit to a background
220     check under Subsection (3) provide a signed waiver on a form provided by the department that
221     meets the requirements of Subsection 53-10-108(4).
222          (5) For a noncriminal justice background search and registration in accordance with
223     Subsection 53-10-108(13), the department shall submit to the bureau:
224          (a) the applicant's personal identifying information and fingerprints for a criminal
225     history search of applicable local, regional, and national databases; and
226          (b) a request for all information received as a result of the local, regional, and
227     nationwide background check.
228          (6) The department is responsible for the payment of all fees required by Subsection
229     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
230     the bureau.
231          (7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
232     Administrative Rulemaking Act, that:
233          (a) determine how the department will assess the employment status of an individual
234     upon receipt of background information; and
235          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
236     with Subsection 53-10-108(13)(b).
237          Section 6. Section 53-10-108 is amended to read:
238          53-10-108. Restrictions on access, use, and contents of division records -- Limited
239     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
240     -- Missing children records -- Penalty for misuse of records.
241          (1) As used in this section:
242          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
243     Bureau of Investigation.
244          (b) "Rap back system" means a system that enables authorized entities to receive

245     ongoing status notifications of any criminal history reported on individuals whose fingerprints
246     are registered in the system.
247          (c) "WIN Database" means the Western Identification Network Database that consists
248     of eight western states sharing one electronic fingerprint database.
249          (2) Dissemination of information from a criminal history record [or], including
250     information obtained from a fingerprint background check, name check, warrant of arrest
251     information, or information from division files, is limited to:
252          (a) criminal justice agencies for purposes of administration of criminal justice and for
253     employment screening by criminal justice agencies;
254          (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
255     executive order, court rule, court order, or local ordinance;
256          (c) agencies or individuals for the purpose of obtaining required clearances connected
257     with foreign travel or obtaining citizenship;
258          (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
259     agency to provide services required for the administration of criminal justice; and
260          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
261     purposes for which given, and ensure the security and confidentiality of the data;
262          (e) agencies or individuals for the purpose of a preplacement adoptive study, in
263     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
264          (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
265     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
266     agency; and
267          (ii) private security agencies through guidelines established by the commissioner for
268     employment background checks for their own employees and prospective employees;
269          (g) a qualifying entity for employment background checks for their own employees and
270     persons who have applied for employment with the qualifying entity; [and]
271          (h) state agencies for the purpose of conducting a background check for the following
272     individuals:
273          (i) employees;
274          (ii) applicants for employment;
275          (iii) volunteers; and

276          (iv) contract employees;
277          (i) the governor's office for the purpose of conducting a background check on the
278     following individuals:
279          (i) cabinet members; and
280          (ii) members of boards, committees, and commissions appointed by the governor; and
281          [(h)] (j) other agencies and individuals as the commissioner authorizes and finds
282     necessary for protection of life and property and for offender identification, apprehension, and
283     prosecution pursuant to an agreement.
284          (3) An agreement under Subsection (2)(f) or (2)[(h)](j) shall specifically authorize
285     access to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
286     anonymity of individuals to whom the information relates, and ensure the confidentiality and
287     security of the data.
288          (4) (a) Before requesting information under [Subsection (2)(g), a qualifying entity
289     must] Subsections (2)(b) through (i), an entity, state agency, or the governor's office shall
290     obtain a signed waiver from the person whose information is requested.
291          (b) The waiver [must] shall notify the signee:
292          (i) that a criminal history background check will be conducted;
293          (ii) who will see the information; and
294          (iii) how the information will be used.
295          (c) An entity authorized under Subsection (2) that submits a request for a noncriminal
296     justice name based background check of local databases to the bureau shall provide to the
297     bureau:
298          (i) personal identifying information for the subject of the background check;
299          (ii) a signed waiver as described in Subsection (4)(a); and
300          (iii) the fee required by Subsection (15)(a)(ii).
301          (d) An entity, state agency, or the governor's office authorized under Subsections (2)(b)
302     through (i) that submits a request for a WIN database check to the bureau shall provide to the
303     bureau:
304          (i) personal identifying information for the subject of the background check;
305          (ii) a fingerprint card for the subject of the background check;
306          (iii) a signed waiver as described in Subsection (4)(a); and

307          (iv) the fee required by Subsection (15)(a)(i).
308          [(c)] (e) Information received by [a qualifying entity under Subsection (2)(g)] an entity,
309     state agency, or the governor's office under Subsections (2)(b) through (i) may only be:
310          (i) available to [persons] individuals involved in the hiring or background investigation
311     of the job applicant or employee; and
312          (ii) used for the purpose of assisting in making an employment, appointment, selection,
313     or promotion decision.
314          [(d)] (f) [A person] An individual who disseminates or uses information obtained from
315     the division under [Subsection (2)(g)] Subsections (2)(b) through (i) for purposes other than
316     those specified under Subsection (4)(c), in addition to any penalties provided under this
317     section, is subject to civil liability.
318          [(e)] (g) [A qualifying] An entity, state agency, or the governor's office that obtains
319     information under [Subsection (2)(g)] Subsections (2)(b) through (i) shall provide the
320     employee or employment applicant an opportunity to:
321          (i) review the information received as provided under Subsection (9); and
322          (ii) respond to any information received.
323          [(f)] (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
324     Act, the division may make rules to implement this Subsection (4).
325          [(g)] (i) The division or its employees are not liable for defamation, invasion of
326     privacy, negligence, or any other claim in connection with the contents of information
327     disseminated under [Subsection (2)(g)] Subsections (2)(b) through (i).
328          (5) (a) Any criminal history record information obtained from division files may be
329     used only for the purposes for which it was provided and may not be further disseminated,
330     except under Subsection (5)(b), (c), or (d).
331          (b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
332     provided by the agency to the [person] individual who is the subject of the history, another
333     licensed child-placing agency, or the attorney for the adoptive parents for the purpose of
334     facilitating an adoption.
335          (c) A criminal history of a defendant provided to a criminal justice agency under
336     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
337     upon request during the discovery process, for the purpose of establishing a defense in a

338     criminal case.
339          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
340     Transit District Act, that is under contract with a state agency to provide services may, for the
341     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
342     the state agency or the agency's designee.
343          (6) The division may not disseminate criminal history record information to [qualifying
344     entities under Subsection (2)(g)] entities, state agencies, or the governor's office under
345     Subsections (2)(b) through (i) regarding employment background checks if the information is
346     related to charges:
347          (a) that have been declined for prosecution;
348          (b) that have been dismissed; or
349          (c) regarding which [a person] an individual has been acquitted.
350          (7) (a) This section does not preclude the use of the division's central computing
351     facilities for the storage and retrieval of criminal history record information.
352          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by
353     unauthorized agencies or individuals.
354          (8) Direct access through remote computer terminals to criminal history record
355     information in the division's files is limited to those agencies authorized by the commissioner
356     under procedures designed to prevent unauthorized access to this information.
357          (9) (a) The commissioner shall establish procedures to allow an individual right of
358     access to review and receive a copy of the individual's criminal history report.
359          (b) A processing fee for the right of access service, including obtaining a copy of the
360     individual's criminal history report under Subsection (9)(a) is $15. This fee remains in effect
361     until changed by the commissioner through the process under Section 63J-1-504.
362          (c) (i) The commissioner shall establish procedures for an individual to challenge the
363     completeness and accuracy of criminal history record information contained in the division's
364     computerized criminal history files regarding that individual.
365          (ii) These procedures shall include provisions for amending any information found to
366     be inaccurate or incomplete.
367          (10) The private security agencies as provided in Subsection (2)(f)(ii):
368          (a) shall be charged for access; and

369          (b) shall be registered with the division according to rules made by the division under
370     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
371          (11) Before providing information requested under this section, the division shall give
372     priority to criminal justice agencies needs.
373          (12) (a) It is a class B misdemeanor for [a person] an individual to knowingly or
374     intentionally access, use, disclose, or disseminate a record created, maintained, or to which
375     access is granted by the division or any information contained in a record created, maintained,
376     or to which access is granted by the division for a purpose prohibited or not permitted by
377     statute, rule, regulation, or policy of a governmental entity.
378          (b) [A person] An individual who discovers or becomes aware of any unauthorized use
379     of records created or maintained, or to which access is granted by the division shall inform the
380     commissioner and the director of the Utah Bureau of Criminal Identification of the
381     unauthorized use.
382          (13) (a) Subject to Subsection (13)(b), [a qualifying entity or an entity described in
383     Subsection (2)(b)] an entity, state agency, or the governor's office described in Subsections
384     (2)(b) through (i) may request that the division register fingerprints taken for the purpose of
385     conducting current and future criminal background checks under this section with:
386          (i) the WIN Database rap back system, or any successor system;
387          (ii) the FBI Rap Back System; or
388          (iii) a system maintained by the division.
389          (b) [A qualifying entity or an entity described in Subsection (2)(b)] An entity, state
390     agency, or the governor's office described in Subsections (2)(b) through (i) may only make a
391     request under Subsection (13)(a) if the entity:
392          (i) has the authority through state or federal statute or federal executive order;
393          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
394     and
395          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
396     notifications for individuals with whom the entity maintains an authorizing relationship.
397          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
398     be retained in the FBI Rap Back System for the purpose of being searched by future
399     submissions to the FBI Rap Back System, including latent fingerprint searches.

400          (15) (a) [(i) The] For a noncriminal justice applicant:
401          (i) the applicant fingerprint card fee under Subsection (2) is $20[.]; and
402          (ii) [The] the name background check fee under Subsection (2) is $15.
403          [(iii)] (b) The fee to register fingerprints under Subsection (13)(a)(i) is $5.
404          [(iv)] (c) The fees described in [this Subsection] Subsections (15)(a) and (b) remain in
405     effect until changed by the division through the process under Section 63J-1-504.
406          [(b)] (d) Funds generated under this Subsection (15) shall be deposited into the General
407     Fund as a dedicated credit by the department to cover the costs incurred in providing the
408     information.
409          [(c)] (e) The division may collect fees charged by an outside agency for services
410     required under this section.
411          (16) For the purposes of conducting a criminal background check authorized under
412     Subsection (2)(h) or (2)(i), the Department of Human Resource Management, in accordance
413     with Title 67, Chapter 19, Utah State Personnel Management Act, and the governor's office
414     shall have direct access to criminal background information maintained under Title 53, Chapter
415     10, Part 2, Bureau of Criminal Identification.
416          Section 7. Section 59-1-206.1 is enacted to read:
417          59-1-206.1. Definitions -- Background checks for employees.
418          (1) As used in this section:
419          (a) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201.
420          (b) "Return information" means the same as that term is defined in 26 U.S.C. Sec.
421     6103.
422          (2) The commission shall:
423          (a) require the following individuals to submit to a nationwide criminal background
424     check and ongoing monitoring of that nationwide criminal background check as a condition of
425     employment:
426          (i) an employee or contractor of the commission that has access to return information
427     in the custody of the commission, regardless of whether access by the employee or contractor is
428     authorized; and
429          (ii) an employee or contractor of the commission that has access to information in the
430     custody of the commission in the Utah Criminal Justice Information System, regardless of

431     whether access by the employee or contractor is authorized; and
432          (b) require the following individuals to submit to a nationwide criminal background
433     check and ongoing monitoring of the nationwide criminal background check:
434          (i) an employee or contractor of another state agency, or an employee of the office of
435     the attorney general, that has access to return information in the custody of the commission,
436     regardless of whether access by the employee or contractor is authorized; and
437          (ii) an employee or contractor of another state agency, or an employee of the office of
438     the attorney general, that has access to information in the custody of the commission in the
439     Utah Criminal Justice Information System, regardless of whether access by the employee or
440     contractor is authorized.
441          (3) The commission shall collect the following from an individual required to submit
442     to a background check under Subsection (2):
443          (a) the personal identifying information required on the fingerprint card; and
444          (b) consent, on a form specified by the commission, for:
445          (i) an initial fingerprint-based state, regional, and national background check by the
446     Federal Bureau of Investigation and the bureau upon submission of the application; and
447          (ii) retention of personal identifying information for ongoing monitoring through
448     registration with the systems described in Subsection 53-10-108(13).
449          (4) For an individual required to submit to a background check under Subsection (2),
450     the commission shall submit the individual's personal identifying information to the bureau for:
451          (a) an initial fingerprint-based background check by the Federal Bureau of
452     Investigation and the bureau; and
453          (b) ongoing monitoring through registration with the systems described in Subsection
454     53-10-108(13) if the results of the initial background check do not contain disqualifying
455     criminal history information as determined by the commission.
456          (5) The commission shall:
457          (a) submit any fees required under Subsection 53-10-108(15) to the bureau; and
458          (b) identify the appropriate privacy risk mitigation strategy that will be used to ensure
459     that the commission only receives notifications for individuals described in Subsection (2).
460          (6) The bureau shall provide all the results from the state, regional, and nationwide
461     criminal history background checks and monitoring performed under Subsection (4) to the

462     commission.
463          (7) On or before May 1, 2019, the commission shall:
464          (a) collect the information and consent described in Subsection (3) from individuals
465     described in Subsection (2)(a) who:
466          (i) were employed by or under contract with the commission prior to May 8, 2018; and
467          (ii) are employed by or under contract with the commission; and
468          (b) submit the information and consent described in Subsection (3) to the bureau for
469     ongoing monitoring through registration with the systems described in Subsection
470     53-10-108(13).
471          (8) Upon receipt of criminal history information under Subsection 53-10-108(13)
472     regarding an individual described in Subsection (2)(a), the commission shall assess the
473     employment status of the employee or contractor.
474          (9) Upon receipt of criminal history information under Subsection 53-10-108(13)
475     regarding an individual described in Subsection (2)(b), the commission shall deny the
476     employee or contractor access to:
477          (a) return information in the custody of the commission; and
478          (b) information in the custody of the commission in the Utah Criminal Justice
479     Information System.
480          Section 8. Section 63A-2-106 is enacted to read:
481          63A-2-106. Background checks for employees.
482          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
483     created in Section 53-10-201.
484          (2) Beginning July 1, 2018, the division shall require all applicants for the following
485     positions to submit to a fingerprint-based local, regional, and national criminal history
486     background check and ongoing monitoring as a condition of employment:
487          (a) assistant directors;
488          (b) contract analysts; and
489          (c) purchasing agents.
490          (3) Each applicant for a position listed in Subsection (2) shall provide a completed
491     fingerprint card to the division upon request.
492          (4) The division shall require that an individual required to submit to a background

493     check under Subsection (3) provide a signed waiver on a form provided by the division that
494     meets the requirements of Subsection 53-10-108(4).
495          (5) For a noncriminal justice background search and registration in accordance with
496     Subsection 53-10-108(13), the division shall submit to the bureau:
497          (a) the applicant's personal identifying information and fingerprints for a criminal
498     history search of applicable local, regional, and national databases; and
499          (b) a request for all information received as a result of the local, regional, and
500     nationwide background check.
501          (6) The division is responsible for the payment of all fees required by Subsection
502     53-10-108(15) and any fees required to be submitted to the Federal Bureau of Investigation by
503     the bureau.
504          (7) The division may make rules in accordance with Title 63G, Chapter 3, Utah
505     Administrative Rulemaking Act, that:
506          (a) determine how the division will assess the employment status of an individual upon
507     receipt of background information; and
508          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
509     with Subsection 53-10-108(13)(b).
510          Section 9. Section 63A-3-201 is amended to read:
511          63A-3-201. Appointment of accounting and other officers and employees by
512     director of the Division of Finance -- Delegation of powers and duties by director --
513     Background checks.
514          (1) With the approval of the executive director, the director of the Division of Finance
515     shall appoint an accounting officer and other administrative officers that are necessary to
516     efficiently and economically perform the functions of the Division of Finance.
517          (2) The director of the Division of Finance may:
518          (a) organize the division and employ other assistants to discharge the functions of the
519     division;
520          (b) delegate to assistants, officers, and employees any of the powers and duties of the
521     office subject to his or her control and subject to any conditions he may prescribe; and
522          (c) delegate the powers and duties of the office only by written order filed with the
523     lieutenant governor.

524          (3) (a) As used in this Subsection (3):
525          (i) "Public employee" means a person employed by a state agency.
526          (ii) "Public funds" means money, funds, and accounts, regardless of the source from
527     which the money, funds, and accounts are derived, that are owned, held, or administered by a
528     state agency.
529          (iii) "Public funds position" means employment with a state agency that requires:
530          (A) physical or electronic access to public funds;
531          (B) performing internal control functions or accounting;
532          (C) creating reports on public funds; or
533          (D) using, operating, or accessing state systems that account for or help account for
534     public funds.
535          (iv) "State agency" means:
536          (A) an executive branch agency; or
537          (B) a state educational institution with the exception of an institution defined in
538     Subsection 53B-1-102(1).
539          (b) The Division of Finance may require that a public employee who applies for or
540     holds a public funds position:
541          (i) submit a fingerprint card in a form acceptable to the division;
542          (ii) consent to a criminal background check by:
543          (A) the Federal Bureau of Investigation;
544          (B) the Utah Bureau of Criminal Identification; or
545          (C) another agency of any state that performs criminal background checks; or
546          (iii) consent to a credit history report, subject to the requirements of the Fair Credit
547     Reporting Act, 15 U.S.C. Sec. 1681 et seq.
548          (c) The Bureau of Criminal Identification shall provide all the results from the state,
549     regional, and nationwide criminal history background checks to the division.
550          [(c)] (d) The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
551     Administrative Rulemaking Act, adopt rules to implement this section.
552          Section 10. Section 63M-2-304 is enacted to read:
553          63M-2-304. Background checks for employees.
554          (1) As used in this section, "bureau" means the Bureau of Criminal Identification

555     created in Section 53-10-201.
556          (2) Beginning July 1, 2018, the governing authority:
557          (a) shall require all applicants for Schedule A positions, in accordance with Section
558     67-19-15, to submit to a fingerprint-based local, regional, and national criminal history
559     background check and ongoing monitoring as a condition of employment; and
560          (b) may require applicants for time limited positions to submit to a fingerprint-based,
561     local, regional, and national criminal history background check and ongoing monitoring as a
562     condition of employment if the applicant, as an employee:
563          (i) will interact with children, or vulnerable adults as defined in Section 62A-2-120; or
564          (ii) may have access to sensitive personal and financial information.
565          (3) Each individual in a position listed in Subsection (2) shall provide a completed
566     fingerprint card to the governing authority upon request.
567          (4) The governing authority shall require that an individual required to submit to a
568     background check under Subsection (3) provide a signed waiver on a form provided by the
569     governing authority that meets the requirements of Subsection 53-10-108(4).
570          (5) For a noncriminal justice background search and registration in accordance with
571     Subsection 53-10-108(13), the governing authority shall submit to the bureau:
572          (a) the applicant's personal identifying information and fingerprints for a criminal
573     history search of applicable local, regional, and national databases; and
574          (b) a request for all information received as a result of the local, regional, and
575     nationwide background check.
576          (6) The governing authority is responsible for the payment of all fees required by
577     Subsection 53-10-108(15) and any fees required to be submitted to the Federal Bureau of
578     Investigation by the bureau.
579          (7) The governing authority may make rules in accordance with Title 63G, Chapter 3,
580     Utah Administrative Rulemaking Act, that:
581          (a) determine how the governing authority will assess the employment status of an
582     individual upon receipt of background information; and
583          (b) identify the appropriate privacy risk mitigation strategy to be used in accordance
584     with Subsection 53-10-108(13)(b).







Legislative Review Note
Office of Legislative Research and General Counsel