53G-11-401.  Definitions.
     As used in this part:

(1)  “Authorized entity” means an LEA, qualifying private school, or the state board that is authorized to request a background check and ongoing monitoring under this part.

Terms Used In Utah Code 53G-11-401

  • Bureau: means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201. See Utah Code 53G-11-401
  • Contract: A legal written agreement that becomes binding when signed.
  • Qualifying private school: means a private school that:
(a) enrolls students under 3; and
(b) is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. See Utah Code 53G-11-401
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  “Bureau” means the Bureau of Criminal Identification within the Department of Public Safety created in Section 53-10-201.

    (3)  “Contract employee” means an employee of a staffing service or other entity who works at a public or private school under a contract.

    (4)  “FBI” means the Federal Bureau of Investigation.

    (5) 

    (a)  “License applicant” means an applicant for a license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure.

    (b)  “License applicant” includes an applicant for reinstatement of an expired, lapsed, suspended, or revoked license.

    (6)  “Non-licensed employee” means an employee of an LEA or qualifying private school that does not hold a current Utah educator license issued by the state board under Title 53E, Chapter 6, Education Professional Licensure.

    (7)  “Personal identifying information” means:

    (a)  current name, former names, nicknames, and aliases;

    (b)  date of birth;

    (c)  address;

    (d)  telephone number;

    (e)  driver license number or other government-issued identification number;

    (f)  social security number; and

    (g)  fingerprints.

    (8)  “Qualifying private school” means a private school that:

    (a)  enrolls students under 3; and

    (b)  is authorized to conduct fingerprint-based background checks of national crime information databases under the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248.

    (9)  “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.

    (10)  “WIN Database” means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.

    Amended by Chapter 293, 2019 General Session

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