Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 195 (2020GS)

Sponsor

Sen. Fillmore, L.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides an exception to certain background check requirements for an individual who is younger than 18 years old.

Every vote on this bill

Bill text

BACKGROUND CHECKS FOR MINOR EMPLOYEES
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Lincoln Fillmore
House Sponsor: 
Carol Spackman Moss
LONG TITLE
General Description:
This bill modifies provisions related to background checks.
Highlighted Provisions:
This bill:
▸ provides an exception to certain background check requirements for an individual
who is younger than 18 years old.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-11-402
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-11-402
 is amended to read:
53G-11-402.
Background checks for non-licensed employees, contract employees,
volunteers, and charter school governing board members.
(1) An LEA or qualifying private school shall:
(a) require 
each of
 the following individuals 
who is 18 years old or older
 to submit to a
nationwide criminal background check and ongoing monitoring as a condition for employment
or appointment:
(i) a non-licensed employee;
(ii) a contract employee;
(iii) a volunteer who will be given significant unsupervised access to a student in
connection with the volunteer's assignment; and
(iv) a charter school governing board member;
(b) collect the following from an individual required to submit to a background check
under Subsection (1)(a):
(i) personal identifying information;
(ii) subject to Subsection (2), a fee described in Subsection 
53-10-108
(15); and
(iii) consent, on a form specified by the LEA or qualifying private school, for:
(A) an initial fingerprint-based background check by the FBI and the bureau upon
submission of the application; and
(B) retention of personal identifying information for ongoing monitoring through
registration with the systems described in Section 
53G-11-404
;
(c) submit the individual's personal identifying information to the bureau for:
(i) an initial fingerprint-based background check by the FBI and the bureau; and
(ii) ongoing monitoring through registration with the systems described in Section
53G-11-404
 if the results of the initial background check do not contain disqualifying criminal
history information as determined by the LEA or qualifying private school in accordance with
Section 
53G-11-405
; and
(d) identify the appropriate privacy risk mitigation strategy that will be used to ensure
that the LEA or qualifying private school only receives notifications for individuals with whom
the LEA or qualifying private school maintains an authorizing relationship.
(2) An LEA or qualifying private school may not require an individual to pay the fee
described in Subsection (1)(b)(ii) unless the individual:
(a) has passed an initial review; and
(b) is one of a pool of no more than five candidates for the position.
(3) By September 1, 2018, an LEA or qualifying private school shall:
(a) collect the information described in Subsection (1)(b) from individuals:
(i) who were employed or appointed prior to July 1, 2015; and
(ii) with whom the LEA or qualifying private school currently maintains an authorizing
relationship; and
(b) submit the information to the bureau for ongoing monitoring through registration
with the systems described in Section 
53G-11-404
.
(4) An LEA or qualifying private school that receives criminal history information
about a licensed educator under Subsection 
53G-11-403
(5) shall assess the employment status
of the licensed educator as provided in Section 
53G-11-405
.
(5) An LEA or qualifying private school may establish a policy to exempt an individual
described in Subsections (1)(a)(i) through (iv) from ongoing monitoring under Subsection (1) if
the individual is being temporarily employed or appointed.