H.B. 284 Public Library Background Check Requirements
| Bill Sponsor:  Rep. Johnson, Dan N. | Floor Sponsor:  Sen. Wilson, Chris H. |
- Substitute Sponsor: Rep. Johnson, Dan N.
- Drafting Attorney: Gus Harb
- Fiscal Analyst: Gary R. Syphus
- Bill Tracking
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- Last Action: 14 Mar 2023, Governor Signed
- Last Location: Lieutenant Governor's office for filing
- Effective Date: 1 Jul 2024
- Session Law Chapter: 157
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Enrolled
Printer FriendlyH.B. 284
1 PUBLIC LIBRARY BACKGROUND CHECK REQUIREMENTS
22023 GENERAL SESSION
3STATE OF UTAH
4Chief Sponsor: Dan N. Johnson
5Senate Sponsor: Chris H. Wilson
6
7 LONG TITLE
8 General Description:
9 This bill provides for criminal background checks of public library employees.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits a public library from receiving state funds unless the library implements a
14 policy providing for criminal background checks of prospective employees;
15 ▸ provides for the scope, content, and dissemination of a library's criminal
16 background check policy;
17 ▸ provides for fiscal assistance to smaller counties and municipalities to conduct
18 criminal background checks;
19 ▸ requires the State Library Division to report annually to the Legislature regarding
20 compliance with the criminal background check policy requirements; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 9-7-101, as last amended by Laws of Utah 2019, Chapter 221
29 9-7-216, as last amended by Laws of Utah 2004, Chapter 193
30 9-7-217, as last amended by Laws of Utah 2014, Chapter 371
31 ENACTS:
32 9-7-218, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 9-7-101 is amended to read:
36 9-7-101. Definitions.
37 As used in this chapter:
38 (1) "Board" means the State Library Board created in Section 9-7-204.
39 (2) "Division" means the State Library Division.
40 (3) "Internet policy" means the public library online access policy required in Section
41 9-7-215.
42 [(3)] (4) "Library board" means the library board of directors appointed locally as
43 authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
44 library services within a city or county of the state, regardless of the title by which the board is
45 known locally.
46 [(4)] (5) "Physical format" means a transportable medium in which analog or digital
47 information is published, such as print, microform, magnetic disk, or optical disk.
48 [(5) "Policy" means the public library online access policy adopted by a library board
49to meet the requirements of Section 9-7-215.]
50 (6) "Political subdivision" means a county, city, town, school district, public transit
51 district, redevelopment agency, or special improvement or taxing district.
52 (7) "State agency" means:
53 (a) the state; or
54 (b) an office, department, agency, authority, commission, board, institution, hospital,
55 college, university, or other instrumentality of the state.
56 (8) (a) "State publication" means a book, compilation, directory, document, contract or
57 grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph,
58 order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register,
59 rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or
60 disc recording regardless of format or method of reproduction, issued or published by a state
61 agency or political subdivision for distribution.
62 (b) "State publication" does not include correspondence, internal confidential
63 publications, office memoranda, university press publications, or publications of the state
64 historical society.
65 Section 2. Section 9-7-216 is amended to read:
66 9-7-216. Process and content standards for Internet policy.
67 (1) (a) Each library's Internet policy shall be developed under the direction of the
68 library board, adopted in an open meeting, and have an effective date.
69 (b) The library board shall review the policy at least every three years[, and a footnote
70shall be added to the policy indicating the effective date of the last review].
71 [(b)] (c) (i) Notice of the availability of the policy shall be posted in a conspicuous
72 place within the library for all patrons to observe.
73 (ii) The library board may issue any other public notice [it] the library board considers
74 appropriate to inform the community about the policy.
75 (2) The Internet policy shall include the following information:
76 (a) [state] a statement indicating:
77 (i) that [it] the library restricts access to Internet or online sites that contain material
78 described in Section 9-7-215; and
79 (ii) how the library board intends to meet the requirements of Section 9-7-215;
80 (b) [inform] a statement informing patrons that administrative procedures and
81 guidelines for the staff to follow in enforcing the policy have been adopted and are available
82 for review at the library; [and]
83 (c) [inform] a statement informing patrons that procedures for use by patrons and staff
84 to handle complaints about the policy, [its] the policy's enforcement, or about observed patron
85 behavior have been adopted and are available for review at the library[.]; and
86 (d) a footnote indicating the effective date of the last review of the policy under
87 Subsection (1)(b).
88 Section 3. Section 9-7-217 is amended to read:
89 9-7-217. Reporting.
90 The division shall submit a report to the department regarding the compliance of library
91 boards with the provisions of [Section] Sections 9-7-215 and 9-7-218 for inclusion in the
92 annual written report described in Section 9-1-208.
93 Section 4. Section 9-7-218 is enacted to read:
94 9-7-218. Criminal background check policy required -- Scope and content --
95 Dissemination.
96 (1) As used in this section:
97 (a) "Minor" means an individual who is under 18 years old.
98 (b) "Public library" means a library established under Section 9-7-402 or 9-7-501.
99 (c) "Qualifying position" means any paid or unpaid employment position with a public
100 library, including a volunteer position, that involves significant contact with minors, as
101 determined by the public library's library board.
102 (d) "Qualifying prospective employee" means an individual who:
103 (i) is 18 years old or older; and
104 (ii) applies for a qualifying position with a public library.
105 (2) State funds may not be provided to a public library unless the public library
106 implements a criminal background check policy that:
107 (a) meets the requirements of Subsection (3); and
108 (b) is adopted by:
109 (i) the library board in an open meeting; or
110 (ii) the county or city in which the public library is located.
111 (3) The criminal background check policy shall:
112 (a) identify each qualifying position with the public library;
113 (b) require each qualifying prospective employee to submit to a criminal background
114 check as a condition of employment in a qualifying position;
115 (c) establish procedures for:
116 (i) gathering, submitting, and reviewing criminal background checks for qualifying
117 prospective employees before making any offer of employment;
118 (ii) disqualifying a qualifying prospective employee from employment based on
119 information received as a result of a criminal background check; and
120 (iii) allowing a qualifying prospective employee to respond to information received as
121 a result of a criminal background check;
122 (d) ensure that a qualifying prospective employee who is disqualified from
123 employment because of information obtained through a criminal background check receives:
124 (i) written notice of the reasons for the disqualification; and
125 (ii) an opportunity to respond to the reasons following the procedures established under
126 Subsection (3)(c)(iii); and
127 (e) include an effective date that is stated in the criminal background check policy.
128 (4) (a) The criminal background check policy shall be distributed to qualifying
129 prospective employees and posted in a prominent location in the public library.
130 (b) A criminal background check policy adopted by a library board shall be reviewed
131 by the library board at least every three years.
132 (5) Within appropriations made by the Legislature for this purpose, the State Library
133 Board shall reimburse a county of the fourth, fifth, or sixth class, and a city of the fourth, fifth,
134 or sixth class, for the costs of conducting criminal background checks under this section.
135 Section 5. Effective date.
136 This bill takes effect on July 1, 2024.
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill provides for criminal background checks of public library employees.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ prohibits a public library from receiving state funds unless the library implements a
14 policy providing for criminal background checks of prospective employees;
15 ▸ provides for the scope, content, and dissemination of a library's criminal
16 background check policy;
17 ▸ provides for fiscal assistance to smaller counties and municipalities to conduct
18 criminal background checks;
19 ▸ requires the State Library Division to report annually to the Legislature regarding
20 compliance with the criminal background check policy requirements; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides a special effective date.
26 Utah Code Sections Affected:
27 AMENDS:
28 9-7-101, as last amended by Laws of Utah 2019, Chapter 221
29 9-7-216, as last amended by Laws of Utah 2004, Chapter 193
30 9-7-217, as last amended by Laws of Utah 2014, Chapter 371
31 ENACTS:
32 9-7-218, Utah Code Annotated 1953
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 9-7-101 is amended to read:
36 9-7-101. Definitions.
37 As used in this chapter:
38 (1) "Board" means the State Library Board created in Section 9-7-204.
39 (2) "Division" means the State Library Division.
40 (3) "Internet policy" means the public library online access policy required in Section
41 9-7-215.
42 [
43 authorized by Section 9-7-402 or 9-7-502 and which exercises general policy authority for
44 library services within a city or county of the state, regardless of the title by which the board is
45 known locally.
46 [
47 information is published, such as print, microform, magnetic disk, or optical disk.
48 [
49
50 (6) "Political subdivision" means a county, city, town, school district, public transit
51 district, redevelopment agency, or special improvement or taxing district.
52 (7) "State agency" means:
53 (a) the state; or
54 (b) an office, department, agency, authority, commission, board, institution, hospital,
55 college, university, or other instrumentality of the state.
56 (8) (a) "State publication" means a book, compilation, directory, document, contract or
57 grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph,
58 order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register,
59 rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or
60 disc recording regardless of format or method of reproduction, issued or published by a state
61 agency or political subdivision for distribution.
62 (b) "State publication" does not include correspondence, internal confidential
63 publications, office memoranda, university press publications, or publications of the state
64 historical society.
65 Section 2. Section 9-7-216 is amended to read:
66 9-7-216. Process and content standards for Internet policy.
67 (1) (a) Each library's Internet policy shall be developed under the direction of the
68 library board, adopted in an open meeting, and have an effective date.
69 (b) The library board shall review the policy at least every three years[
70
71 [
72 place within the library for all patrons to observe.
73 (ii) The library board may issue any other public notice [
74 appropriate to inform the community about the policy.
75 (2) The Internet policy shall include the following information:
76 (a) [
77 (i) that [
78 described in Section 9-7-215; and
79 (ii) how the library board intends to meet the requirements of Section 9-7-215;
80 (b) [
81 guidelines for the staff to follow in enforcing the policy have been adopted and are available
82 for review at the library; [
83 (c) [
84 to handle complaints about the policy, [
85 behavior have been adopted and are available for review at the library[
86 (d) a footnote indicating the effective date of the last review of the policy under
87 Subsection (1)(b).
88 Section 3. Section 9-7-217 is amended to read:
89 9-7-217. Reporting.
90 The division shall submit a report to the department regarding the compliance of library
91 boards with the provisions of [
92 annual written report described in Section 9-1-208.
93 Section 4. Section 9-7-218 is enacted to read:
94 9-7-218. Criminal background check policy required -- Scope and content --
95 Dissemination.
96 (1) As used in this section:
97 (a) "Minor" means an individual who is under 18 years old.
98 (b) "Public library" means a library established under Section 9-7-402 or 9-7-501.
99 (c) "Qualifying position" means any paid or unpaid employment position with a public
100 library, including a volunteer position, that involves significant contact with minors, as
101 determined by the public library's library board.
102 (d) "Qualifying prospective employee" means an individual who:
103 (i) is 18 years old or older; and
104 (ii) applies for a qualifying position with a public library.
105 (2) State funds may not be provided to a public library unless the public library
106 implements a criminal background check policy that:
107 (a) meets the requirements of Subsection (3); and
108 (b) is adopted by:
109 (i) the library board in an open meeting; or
110 (ii) the county or city in which the public library is located.
111 (3) The criminal background check policy shall:
112 (a) identify each qualifying position with the public library;
113 (b) require each qualifying prospective employee to submit to a criminal background
114 check as a condition of employment in a qualifying position;
115 (c) establish procedures for:
116 (i) gathering, submitting, and reviewing criminal background checks for qualifying
117 prospective employees before making any offer of employment;
118 (ii) disqualifying a qualifying prospective employee from employment based on
119 information received as a result of a criminal background check; and
120 (iii) allowing a qualifying prospective employee to respond to information received as
121 a result of a criminal background check;
122 (d) ensure that a qualifying prospective employee who is disqualified from
123 employment because of information obtained through a criminal background check receives:
124 (i) written notice of the reasons for the disqualification; and
125 (ii) an opportunity to respond to the reasons following the procedures established under
126 Subsection (3)(c)(iii); and
127 (e) include an effective date that is stated in the criminal background check policy.
128 (4) (a) The criminal background check policy shall be distributed to qualifying
129 prospective employees and posted in a prominent location in the public library.
130 (b) A criminal background check policy adopted by a library board shall be reviewed
131 by the library board at least every three years.
132 (5) Within appropriations made by the Legislature for this purpose, the State Library
133 Board shall reimburse a county of the fourth, fifth, or sixth class, and a city of the fourth, fifth,
134 or sixth class, for the costs of conducting criminal background checks under this section.
135 Section 5. Effective date.
136 This bill takes effect on July 1, 2024.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
| Date | Action | Location | Vote |
| 1/24/2023 | Bill Numbered but not Distributed | Legislative Research and General Counsel | |
| 1/24/2023 | Numbered Bill Publicly Distributed | Legislative Research and General Counsel | |
| 1/25/2023 | House/ received bill from Legislative Research | Clerk of the House | |
| 1/25/2023 | House/ 1st reading (Introduced) | House Rules Committee | |
| 1/30/2023 | House/ received fiscal note from Fiscal Analyst | House Rules Committee | |
| 2/3/2023 | House/ to standing committee | House Education Committee | |
| 2/9/2023 | House Comm - Favorable Recommendation | House Education Committee | 12 0 4 |
| 2/9/2023 (11:54:24 AM) | House/ committee report favorable | House Education Committee | |
| 2/9/2023 (11:54:25 AM) | House/ 2nd reading | House 3rd Reading Calendar for House bills | |
| 2/13/2023 (3:07:27 PM) | House/ 3rd reading | House 3rd Reading Calendar for House bills | |
| 2/13/2023 (3:08:09 PM) | House/ substituted from # 0 to # 1 | House 3rd Reading Calendar for House bills | Voice vote |
| 2/13/2023 (3:13:30 PM) | House/ passed 3rd reading | Senate Secretary | 69 0 6 |
| 2/13/2023 (3:13:32 PM) | House/ to Senate | Senate Secretary | |
| 2/14/2023 | Senate/ received from House | Waiting for Introduction in the Senate | |
| 2/15/2023 | Senate/ 1st reading (Introduced) | Senate Rules Committee | |
| 2/16/2023 | Senate/ to standing committee | Senate Economic Development and Workforce Services Committee | |
| 2/16/2023 | LFA/ fiscal note sent to sponsor | Senate Economic Development and Workforce Services Committee | |
| 2/17/2023 | LFA/ fiscal note publicly available | Senate Economic Development and Workforce Services Committee | |
| 2/22/2023 | Senate Comm - Favorable Recommendation | Senate Economic Development and Workforce Services Committee | 5 0 1 |
| 2/22/2023 | Senate Comm - Consent Calendar Recommendation | Senate Economic Development and Workforce Services Committee | 5 0 1 |
| 2/22/2023 (2:22:59 PM) | Senate/ comm rpt/ placed on Consent Calendar | Senate Economic Development and Workforce Services Committee | |
| 2/22/2023 (2:23:00 PM) | Senate/ 2nd & 3rd readings/ suspension | Senate Consent Calendar | |
| 2/27/2023 (10:27:36 AM) | Senate/ placed back on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 2/28/2023 | Senate/ 2nd Reading Calendar to Rules | Senate Rules Committee | |
| 3/1/2023 | Senate/ Rules to 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/1/2023 (4:28:01 PM) | Senate/ placed back on 2nd Reading Calendar | Senate 2nd Reading Calendar | |
| 3/1/2023 (4:43:39 PM) | Senate/ passed 2nd & 3rd readings/ suspension | Senate President | 26 0 3 |
| 3/1/2023 (4:43:40 PM) | Senate/ signed by President/ returned to House | House Speaker | |
| 3/1/2023 (4:43:41 PM) | Senate/ to House | House Speaker | |
| 3/1/2023 | House/ received from Senate | House Speaker | |
| 3/1/2023 | House/ signed by Speaker/ sent for enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/2/2023 | Bill Received from House for Enrolling | Legislative Research and General Counsel / Enrolling | |
| 3/2/2023 | Draft of Enrolled Bill Prepared | Legislative Research and General Counsel / Enrolling | |
| 3/9/2023 | Enrolled Bill Returned to House or Senate | Clerk of the House | |
| 3/9/2023 | House/ enrolled bill to Printing | Clerk of the House | |
| 3/13/2023 | House/ received enrolled bill from Printing | Clerk of the House | |
| 3/13/2023 | House/ to Governor | Executive Branch - Governor | |
| 3/14/2023 | Governor Signed | Lieutenant Governor's office for filing |
Committee Hearings/Floor Debate
- Committee Hearings