17B-2a-825. Criminal background checks authorized — Employment eligibility.
| (1) |
A public transit district may require an individual described in Subsection (2) to:
Terms Used In Utah Code 17B-2a-825- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
- Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
- 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
| (a) |
submit a fingerprint card in a form acceptable to the public transit district; and |
| (b) |
consent to a fingerprint background check by:
| (i) |
the Utah Bureau of Criminal Identification; and |
| (ii) |
the Federal Bureau of Investigation. |
|
|
| (2) |
A person shall comply with the requirements of Subsection (1) if the person:
| (a) |
is applying for or continuing employment with the public transit district:
| (i) |
working in a safety-sensitive position or other position that may affect:
| (A) |
the safety or well-being of patrons of the public transit district; or |
| (B) |
the safety or security of the transit buildings, stations, platforms, railways, bus systems, and transit vehicles; |
|
| (ii) |
handling personally identifiable information, financial information, or other sensitive information including personal health information; |
| (iii) |
working in security-sensitive areas; or |
| (iv) |
handling security-sensitive information, including information system technologies; or |
|
| (b) |
is seeking access to designated security-sensitive areas. |
|
| (3) |
A public transit district may use the information obtained in accordance with this section only for one or more of the following purposes:
| (a) |
to determine whether or not an individual is convicted of:
| (i) |
a felony under federal or state law within the last 10 years; |
| (ii) |
a violation within the last 10 years of a federal law, state law, or local ordinance concerning the sale, manufacture, distribution, warehousing, adulteration, or transportation of an alcoholic beverage; |
| (iii) |
a crime involving moral turpitude; or |
| (iv) |
two or more convictions within the last 10 years for a violation of driving under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; |
|
| (b) |
to determine whether or not an individual has accurately disclosed the person’s criminal history on an application or document filed with the public transit district; |
| (c) |
to approve or deny an application for employment with the public transit district; or |
| (d) |
to take disciplinary action against an employee of the public transit district, including possible termination of employment. |
|
| (4) |
A person is not eligible for employment with a public transit district in a capacity described in Subsection (2) if the person has been convicted of any of the offenses described in Subsection (3). |
Amended by Chapter 377, 2014 General Session
