Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 143 First Substitute (2018GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides the following entities with the authority to conduct local, regional, and national background checks for employees, contractors, appointees, and volunteers, as applicable:
• Department of Environmental Quality;
• Department of Financial Institutions;
• Department of Health;
• Department of Human Resource Management;
• Department of Workforce Services;
• Division of Purchasing;
• governor's office;
• State Tax Commission; and
• Utah Science Technology and Research Governing Authority;
• requires the Bureau of Criminal Identification to provide agencies with the results of the background checks; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

EMPLOYMENT BACKGROUND CHECKS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
 Eric K. Hutchings
LONG TITLE
General Description:
This bill provides certain state agencies with the authority to require background checks
for employees, contractors, and volunteers.
Highlighted Provisions:
This bill:
▸ provides the following entities with the authority to conduct local, regional, and
national background checks for employees, contractors, appointees, and volunteers,
as applicable:
• Department of Environmental Quality;
• Department of Financial Institutions;
• Department of Health;
• Department of Human Resource Management;
• Department of Workforce Services;
• Division of Purchasing;
• governor's office;
• State Tax Commission; and
• Utah Science Technology and Research Governing Authority;
▸ requires the Bureau of Criminal Identification to provide agencies with the results of
the background checks; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-1-102
, as last amended by Laws of Utah 2016, Chapter 226
53-10-108
, as last amended by Laws of Utah 2015, Chapters 255 and 389
63A-3-201
, as last amended by Laws of Utah 2016, Chapter 298
ENACTS:
7-1-212
, Utah Code Annotated 1953
19-1-308
, Utah Code Annotated 1953
26-1-17.1
, Utah Code Annotated 1953
35A-1-104.1
, Utah Code Annotated 1953
59-1-206.1
, Utah Code Annotated 1953
63A-2-106
, Utah Code Annotated 1953
63M-2-304
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
7-1-212
 is enacted to read:
 7-1-212.
Background checks for employees.
(1) As used in this section,"bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the department shall require current employees in, and all
applicants for, the following positions to submit to a fingerprint-based local, regional, and
national criminal history background check and ongoing monitoring as a condition of
employment:
(a) agency information security managers;
(b) financial institutions examiners;
(c) financial institutions managers; and
(d) financial institutions specialists.
(3) Each individual in a position listed in Subsection (2) shall provide a completed
fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background
check under Subsection (3) provide a signed waiver on a form provided by the department that
meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 2. Section 
19-1-308
 is enacted to read:
 19-1-308.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the department shall require all appointees and applicants
for the following positions to submit to a fingerprint-based local, regional, and national
criminal history background check and ongoing monitoring as a condition of employment:
(a) administrative services managers;
(b) financial analysts;
(c) financial managers; and
(d) schedule AB and AD employees, in accordance with Section 
67-19-15
, in
appointed positions.
(3) Each appointee or applicant for a position listed in Subsection (2) shall provide a
completed fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background
check under Subsection (3) provide a signed waiver on a form provided by the department that
meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 3. Section 
26-1-17.1
 is enacted to read:
 26-1-17.1.
Background checks for employees.
(1) As used in this section "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the department may require a fingerprint-based local,
regional, and national criminal history background check and ongoing monitoring of:
(a) all staff, contracted employees, and volunteers who:
(i) have access to protected health information or personal identifying information;
(ii) have direct contact with patients, children, or vulnerable adults as defined in
Section 
62A-2-120
;
(iii) work in areas of privacy and data security;
(iv) handle financial information, including receipt of funds, reviewing invoices,
making payments, and other types of financial information; and
(v) perform audit functions, whether internal or external, on behalf of the department;
and
(b) job applicants who have been offered a position with the department and the job
requirements include those described in Subsection (2)(a).
(3) Each individual in a position listed in Subsection (2) shall provide a completed
fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background
check under Subsection (3) provide a signed waiver on a form provided by the department that
meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information;
(b) determine the type of crimes and the severity that would disqualify an individual
from holding a position; and
(c) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 4. Section 
35A-1-102
 is amended to read:
35A-1-102.
Definitions.
Unless otherwise specified, as used in this title:
(1) "Client" means an individual who the department has determined to be eligible for
services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(2) "Department" means the Department of Workforce Services created in Section
35A-1-103
.
(3) "Economic service area" means an economic service area established in accordance
with Chapter 2, Economic Service Areas.
(4) "Employment assistance" means services or benefits provided by the department
under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(5) "Employment center" is a location in an economic service area where the services
provided by an economic service area under Section 
35A-2-201
 may be accessed by a client.
(6) "Employment counselor" means an individual responsible for developing an
employment plan and coordinating the services and benefits under this title in accordance with
Chapter 2, Economic Service Areas.
(7) "Employment plan" means a written agreement between the department and a client
that describes:
(a) the relationship between the department and the client;
(b) the obligations of the department and the client; and
(c) the result if an obligation is not fulfilled by the department or the client.
(8) "Executive director" means the executive director of the department appointed
under Section 
35A-1-201
.
(9) "Government entity" means the state or any county, municipality, local district,
special service district, or other political subdivision or administrative unit of the state, a state
institution of higher education as defined in Section 
53B-2-101
, or a local education agency as
defined in Section 
53A-30-102
.
(10) "Public assistance" means:
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under Title 26, Chapter 18, Medical Assistance Act;
(c) foster care maintenance payments provided from the General Fund or under Title
IV-E of the Social Security Act;
(d) SNAP benefits; and
(e) any other public funds expended for the benefit of a person in need of financial,
medical, food, housing, or related assistance.
(11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
federal Food Stamp Program.
(12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
privilege available under SNAP.
(13) "Stabilization" means addressing the basic living, family care, and social or
psychological needs of the client so that the client may take advantage of training or
employment opportunities provided under this title or through other agencies or institutions.
(14) "Vulnerable populations" means children or adults with a life situation that
substantially affects that individual's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
Section 5. Section 
35A-1-104.1
 is enacted to read:
 35A-1-104.1.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the department may require current employees in, and all
applicants for, the following positions to submit to a fingerprint-based local, regional, and
national criminal history background check and ongoing monitoring as a condition of
employment:
(a) employees that access or may access federal tax information; and
(b) employees serving or interacting with vulnerable populations as defined in Section
35A-1-102
.
(3) Each individual in a position listed in Subsection (2) shall provide a completed
fingerprint card to the department upon request.
(4) The department shall require that an individual required to submit to a background
check under Subsection (3) provide a signed waiver on a form provided by the department that
meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The department is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(7) The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 6. Section 
53-10-108
 is amended to read:
53-10-108.
Restrictions on access, use, and contents of division records -- Limited
use of records for employment purposes -- Challenging accuracy of records -- Usage fees
-- Missing children records -- Penalty for misuse of records.
(1) As used in this section:
(a) "FBI Rap Back System" means the rap back system maintained by the Federal
Bureau of Investigation.
(b) "Rap back system" means a system that enables authorized entities to receive
ongoing status notifications of any criminal history reported on individuals whose fingerprints
are registered in the system.
(c) "WIN Database" means the Western Identification Network Database that consists
of eight western states sharing one electronic fingerprint database.
(2) Dissemination of information from a criminal history record [
or
]
, including
information obtained from a fingerprint background check, name check,
 warrant of arrest
information
, or information
 from division files
,
 is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and for
employment screening by criminal justice agencies;
(b) noncriminal justice agencies or individuals for any purpose authorized by statute,
executive order, court rule, court order, or local ordinance;
(c) agencies or individuals for the purpose of obtaining required clearances connected
with foreign travel or obtaining citizenship;
(d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
agency to provide services required for the administration of criminal justice; and
(ii) the agreement shall specifically authorize access to data, limit the use of the data to
purposes for which given, and ensure the security and confidentiality of the data;
(e) agencies or individuals for the purpose of a preplacement adoptive study, in
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
;
(f) (i) agencies and individuals as the commissioner authorizes for the express purpose
of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
agency; and
(ii) private security agencies through guidelines established by the commissioner for
employment background checks for their own employees and prospective employees;
(g) a qualifying entity for employment background checks for their own employees and
persons who have applied for employment with the qualifying entity; [
and
]
(h) state agencies for the purpose of conducting a background check for the following
individuals:
(i) employees;
(ii) applicants for employment;
(iii) volunteers; and
(iv) contract employees;
(i) the governor's office for the purpose of conducting a background check on the
following individuals:
(i) cabinet members; and
(ii) members of boards, committees, and commissions appointed by the governor; and
[
(h)
] 
(j)
 other agencies and individuals as the commissioner authorizes and finds
necessary for protection of life and property and for offender identification, apprehension, and
prosecution pursuant to an agreement.
(3) An agreement under Subsection (2)(f) or (2)[
(h)
]
(j)
 shall specifically authorize
access to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
anonymity of individuals to whom the information relates, and ensure the confidentiality and
security of the data.
(4) (a) Before requesting information under [
Subsection (2)(g), a qualifying entity
must
] 
Subsections (2)(b) through (i), an entity, state agency, or the governor's office shall
obtain a signed waiver from the person whose information is requested.
(b) The waiver [
must
] 
shall
 notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) An entity authorized under Subsection (2) that submits a request for a noncriminal
justice name based background check of local databases to the bureau shall provide to the
bureau:
(i) personal identifying information for the subject of the background check;
(ii) a signed waiver as described in Subsection (4)(a); and
(iii) the fee required by Subsection (15)(a)(ii).
(d) An entity, state agency, or the governor's office authorized under Subsections (2)(b)
through (i) that submits a request for a WIN database check to the bureau shall provide to the
bureau:
(i) personal identifying information for the subject of the background check;
(ii) a fingerprint card for the subject of the background check;
(iii) a signed waiver as described in Subsection (4)(a); and
(iv) the fee required by Subsection (15)(a)(i).
[
(c)
] 
(e)
 Information received by [
a qualifying entity under Subsection (2)(g)
] 
an entity,
state agency, or the governor's office under Subsections (2)(b) through (i)
 may only be:
(i) available to [
persons
] 
individuals
 involved in the hiring or background investigation
of the 
job applicant or
 employee; and
(ii) used for the purpose of assisting in making an employment
, appointment, selection,
or promotion decision.
[
(d)
] 
(f)
 [
A person
] 
An individual
 who disseminates or uses information obtained from
the division under [
Subsection (2)(g)
] 
Subsections (2)(b) through (i)
 for purposes other than
those specified under Subsection (4)(c), in addition to any penalties provided under this
section, is subject to civil liability.
[
(e)
] 
(g)
 [
A qualifying
] 
An
 entity
, state agency, or the governor's office
 that obtains
information under [
Subsection (2)(g)
] 
Subsections (2)(b) through (i)
 shall provide the
employee or employment applicant an opportunity to:
(i) review the information received as provided under Subsection (9); and
(ii) respond to any information received.
[
(f)
] 
(h)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division may make rules to implement this Subsection (4).
[
(g)
] 
(i)
 The division or its employees are not liable for defamation, invasion of
privacy, negligence, or any other claim in connection with the contents of information
disseminated under [
Subsection (2)(g)
] 
Subsections (2)(b) through (i)
.
(5) (a) Any criminal history record information obtained from division files may be
used only for the purposes for which it was provided and may not be further disseminated,
except under Subsection (5)(b), (c), or (d).
(b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
provided by the agency to the [
person
] 
individual
 who is the subject of the history, another
licensed child-placing agency, or the attorney for the adoptive parents for the purpose of
facilitating an adoption.
(c) A criminal history of a defendant provided to a criminal justice agency under
Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
upon request during the discovery process, for the purpose of establishing a defense in a
criminal case.
(d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, that is under contract with a state agency to provide services may, for the
purposes of complying with Subsection 
62A-5-103.5
(5), provide a criminal history record to
the state agency or the agency's designee.
(6) The division may not disseminate criminal history record information to [
qualifying
entities under Subsection (2)(g)
] 
entities, state agencies, or the governor's office under
Subsections (2)(b) through (i)
 regarding employment background checks if the information is
related to charges:
(a) that have been declined for prosecution;
(b) that have been dismissed; or
(c) regarding which [
a person
] 
an individual
 has been acquitted.
(7) (a) This section does not preclude the use of the division's central computing
facilities for the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed by
unauthorized agencies or individuals.
(8) Direct access through remote computer terminals to criminal history record
information in the division's files is limited to those agencies authorized by the commissioner
under procedures designed to prevent unauthorized access to this information.
(9) (a) The commissioner shall establish procedures to allow an individual right of
access to review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of the
individual's criminal history report under Subsection (9)(a) is $15. This fee remains in effect
until changed by the commissioner through the process under Section 
63J-1-504
.
(c) (i) The commissioner shall establish procedures for an individual to challenge the
completeness and accuracy of criminal history record information contained in the division's
computerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to
be inaccurate or incomplete.
(10) The private security agencies as provided in Subsection (2)(f)(ii):
(a) shall be charged for access; and
(b) shall be registered with the division according to rules made by the division under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) Before providing information requested under this section, the division shall give
priority to criminal justice agencies needs.
(12) (a) It is a class B misdemeanor for [
a person
] 
an individual
 to knowingly or
intentionally access, use, disclose, or disseminate a record created, maintained, or to which
access is granted by the division or any information contained in a record created, maintained,
or to which access is granted by the division for a purpose prohibited or not permitted by
statute, rule, regulation, or policy of a governmental entity.
(b) [
A person
] 
An individual
 who discovers or becomes aware of any unauthorized use
of records created or maintained, or to which access is granted by the division shall inform the
commissioner and the director of the Utah Bureau of Criminal Identification of the
unauthorized use.
(13) (a) Subject to Subsection (13)(b), [
a qualifying entity or an entity described in
Subsection (2)(b)
] 
an entity, state agency, or the governor's office described in Subsections
(2)(b) through (i)
 may request that the division register fingerprints taken for the purpose of
conducting current and future criminal background checks under this section with:
(i) the WIN Database rap back system, or any successor system;
(ii) the FBI Rap Back System; or
(iii) a system maintained by the division.
(b) [
A qualifying entity or an entity described in Subsection (2)(b)
] 
An entity, state
agency, or the governor's office described in Subsections (2)(b) through (i)
 may only make a
request under Subsection (13)(a) if the entity:
(i) has the authority through state or federal statute or federal executive order;
(ii) obtains a signed waiver from the individual whose fingerprints are being registered;
and
(iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
notifications for individuals with whom the entity maintains an authorizing relationship.
(14) The division is authorized to submit fingerprints to the FBI Rap Back System to
be retained in the FBI Rap Back System for the purpose of being searched by future
submissions to the FBI Rap Back System, including latent fingerprint searches.
(15) (a) [
(i) The
] 
For a noncriminal justice applicant:
(i) the
 applicant fingerprint card fee under Subsection (2) is $20[
.
]
; and
(ii) [
The
] 
the
 name 
background
 check fee under Subsection (2) is $15.
[
(iii)
] 
(b)
 The fee to register fingerprints under Subsection (13)(a)(i) is $5.
[
(iv)
] 
(c)
 The fees described in [
this Subsection
] 
Subsections
 (15)(a) 
and (b)
 remain in
effect until changed by the division through the process under Section 
63J-1-504
.
[
(b)
] 
(d)
 Funds generated under this Subsection (15) shall be deposited into the General
Fund as a dedicated credit by the department to cover the costs incurred in providing the
information.
[
(c)
] 
(e)
 The division may collect fees charged by an outside agency for services
required under this section.
(16) For the purposes of conducting a criminal background check authorized under
Subsection (2)(h) or (2)(i), the Department of Human Resource Management, in accordance
with Title 67, Chapter 19, Utah State Personnel Management Act, and the governor's office
shall have direct access to criminal background information maintained under Title 53, Chapter
10, Part 2, Bureau of Criminal Identification.
Section 7. Section 
59-1-206.1
 is enacted to read:
 59-1-206.1.
Definitions -- Background checks for employees.
(1) As used in this section:
(a) "Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
.
(b) "Return information" means the same as that term is defined in 26 U.S.C. Sec.
6103.
(2) The commission shall:
(a) require the following individuals to submit to a nationwide criminal background
check and ongoing monitoring of that nationwide criminal background check as a condition of
employment:
(i) an employee or contractor of the commission that has access to return information
in the custody of the commission, regardless of whether access by the employee or contractor is
authorized; and
(ii) an employee or contractor of the commission that has access to information in the
custody of the commission in the Utah Criminal Justice Information System, regardless of
whether access by the employee or contractor is authorized; and
(b) require the following individuals to submit to a nationwide criminal background
check and ongoing monitoring of the nationwide criminal background check:
(i) an employee or contractor of another state agency, or an employee of the office of
the attorney general, that has access to return information in the custody of the commission,
regardless of whether access by the employee or contractor is authorized; and
(ii) an employee or contractor of another state agency, or an employee of the office of
the attorney general, that has access to information in the custody of the commission in the
Utah Criminal Justice Information System, regardless of whether access by the employee or
contractor is authorized.
(3) The commission shall collect the following from an individual required to submit
to a background check under Subsection (2):
(a) the personal identifying information required on the fingerprint card; and
(b) consent, on a form specified by the commission, for:
(i) an initial fingerprint-based state, regional, and national background check by the
Federal Bureau of Investigation and the bureau upon submission of the application; and
(ii) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Subsection 
53-10-108
(13).
(4) For an individual required to submit to a background check under Subsection (2),
the commission shall submit the individual's personal identifying information to the bureau for:
(a) an initial fingerprint-based background check by the Federal Bureau of
Investigation and the bureau; and
(b) ongoing monitoring through registration with the systems described in Subsection
53-10-108
(13) if the results of the initial background check do not contain disqualifying
criminal history information as determined by the commission.
(5) The commission shall:
(a) submit any fees required under Subsection 
53-10-108
(15) to the bureau; and
(b) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the commission only receives notifications for individuals described in Subsection (2).
(6) The bureau shall provide all the results from the state, regional, and nationwide
criminal history background checks and monitoring performed under Subsection (4) to the
commission.
(7) On or before May 1, 2019, the commission shall:
(a) collect the information and consent described in Subsection (3) from individuals
described in Subsection (2)(a) who:
(i) were employed by or under contract with the commission prior to May 8, 2018; and
(ii) are employed by or under contract with the commission; and
(b) submit the information and consent described in Subsection (3) to the bureau for
ongoing monitoring through registration with the systems described in Subsection
53-10-108
(13).
(8) Upon receipt of criminal history information under Subsection 
53-10-108
(13)
regarding an individual described in Subsection (2)(a), the commission shall assess the
employment status of the employee or contractor.
(9) Upon receipt of criminal history information under Subsection 
53-10-108
(13)
regarding an individual described in Subsection (2)(b), the commission shall deny the
employee or contractor access to:
(a) return information in the custody of the commission; and
(b) information in the custody of the commission in the Utah Criminal Justice
Information System.
Section 8. Section 
63A-2-106
 is enacted to read:
 63A-2-106.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the division shall require all applicants for the following
positions to submit to a fingerprint-based local, regional, and national criminal history
background check and ongoing monitoring as a condition of employment:
(a) assistant directors;
(b) contract analysts; and
(c) purchasing agents.
(3) Each applicant for a position listed in Subsection (2) shall provide a completed
fingerprint card to the division upon request.
(4) The division shall require that an individual required to submit to a background
check under Subsection (3) provide a signed waiver on a form provided by the division that
meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the division shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The division is responsible for the payment of all fees required by Subsection
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of Investigation by
the bureau.
(7) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that:
(a) determine how the division will assess the employment status of an individual upon
receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 9. Section 
63A-3-201
 is amended to read:
63A-3-201.
Appointment of accounting and other officers and employees by
director of the Division of Finance -- Delegation of powers and duties by director --
Background checks.
(1) With the approval of the executive director, the director of the Division of Finance
shall appoint an accounting officer and other administrative officers that are necessary to
efficiently and economically perform the functions of the Division of Finance.
(2) The director of the Division of Finance may:
(a) organize the division and employ other assistants to discharge the functions of the
division;
(b) delegate to assistants, officers, and employees any of the powers and duties of the
office subject to his or her control and subject to any conditions he may prescribe; and
(c) delegate the powers and duties of the office only by written order filed with the
lieutenant governor.
(3) (a) As used in this Subsection (3):
(i) "Public employee" means a person employed by a state agency.
(ii) "Public funds" means money, funds, and accounts, regardless of the source from
which the money, funds, and accounts are derived, that are owned, held, or administered by a
state agency.
(iii) "Public funds position" means employment with a state agency that requires:
(A) physical or electronic access to public funds;
(B) performing internal control functions or accounting;
(C) creating reports on public funds; or
(D) using, operating, or accessing state systems that account for or help account for
public funds.
(iv) "State agency" means:
(A) an executive branch agency; or
(B) a state educational institution with the exception of an institution defined in
Subsection 
53B-1-102
(1).
(b) The Division of Finance may require that a public employee who applies for or
holds a public funds position:
(i) submit a fingerprint card in a form acceptable to the division;
(ii) consent to a criminal background check by:
(A) the Federal Bureau of Investigation;
(B) the Utah Bureau of Criminal Identification; or
(C) another agency of any state that performs criminal background checks; or
(iii) consent to a credit history report, subject to the requirements of the Fair Credit
Reporting Act, 15 U.S.C. Sec. 1681 et seq.
(c) The Bureau of Criminal Identification shall provide all the results from the state,
regional, and nationwide criminal history background checks to the division.
[
(c)
] 
(d)
 The Division of Finance may, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, adopt rules to implement this section.
Section 10. Section 
63M-2-304
 is enacted to read:
 63M-2-304.
Background checks for employees.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the governing authority:
(a) shall require all applicants for Schedule A positions, in accordance with Section
67-19-15
, to submit to a fingerprint-based local, regional, and national criminal history
background check and ongoing monitoring as a condition of employment; and
(b) may require applicants for time limited positions to submit to a fingerprint-based,
local, regional, and national criminal history background check and ongoing monitoring as a
condition of employment if the applicant, as an employee:
(i) will interact with children, or vulnerable adults as defined in Section 
62A-2-120
; or
(ii) may have access to sensitive personal and financial information.
(3) Each individual in a position listed in Subsection (2) shall provide a completed
fingerprint card to the governing authority upon request.
(4) The governing authority shall require that an individual required to submit to a
background check under Subsection (3) provide a signed waiver on a form provided by the
governing authority that meets the requirements of Subsection 
53-10-108
(4).
(5) For a noncriminal justice background search and registration in accordance with
Subsection 
53-10-108
(13), the governing authority shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
(6) The governing authority is responsible for the payment of all fees required by
Subsection 
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of
Investigation by the bureau.
(7) The governing authority may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, that:
(a) determine how the governing authority will assess the employment status of an
individual upon receipt of background information; and
(b) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Legislative Review Note
Office of Legislative Research and General Counsel