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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 [
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; [
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 [
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)[
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 [
289
290 obtain a signed waiver from the person whose information is requested.
291 (b) The waiver [
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 [
309 state agency, or the governor's office under Subsections (2)(b) through (i) may only be:
310 (i) available to [
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 [
315 the division under [
316 those specified under Subsection (4)(c), in addition to any penalties provided under this
317 section, is subject to civil liability.
318 [
319 information under [
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 [
324 Act, the division may make rules to implement this Subsection (4).
325 [
326 privacy, negligence, or any other claim in connection with the contents of information
327 disseminated under [
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 [
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 [
344
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 [
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 [
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) [
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), [
383
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) [
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) [
401 (i) the applicant fingerprint card fee under Subsection (2) is $20[
402 (ii) [
403 [
404 [
405 effect until changed by the division through the process under Section 63J-1-504.
406 [
407 Fund as a dedicated credit by the department to cover the costs incurred in providing the
408 information.
409 [
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 [
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