Utah Code 35A-1-104.1. Background checks for employees

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.

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Terms Used In Utah Code 35A-1-104.1

Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
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. See Utah Code 35A-1-102

(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).

Enacted by Chapter 427, 2018 General Session

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