53E-7-410. Background checks for scholarship granting organizations — State board responsibilities — Bureau responsibilities — Fees.
(1)
As used in this section:
Terms Used In Utah Code 53E-7-410
Conviction: A judgement of guilt against a criminal defendant.
Employee: means an individual working in a position in which the individual's salary, wages, pay, or compensation, including as a contractor, is paid from:
(i)
program donations to a scholarship granting organization; or
(ii)
scholarship money allocated to a qualifying school by a scholarship granting organization under Section 53E-7-405. See Utah Code 53E-7-401
Officer: means :
(a)
a member of the board of a scholarship granting organization or qualifying school; or
(b)
the chief administrative officer of a scholarship granting organization or qualifying school. See Utah Code 53E-7-401
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Scholarship: means a grant awarded to an eligible student:
(a)
by a scholarship granting organization out of program donations; and
(b)
for the purpose of paying for a scholarship expense. See Utah Code 53E-7-401
Scholarship granting organization: means an organization that is:
(a)
qualified as tax exempt under Section 501(c)(3), Internal Revenue Code; and
(b)
recognized through an agreement with the state board as a scholarship granting organization, as described in Section 53E-7-404. See Utah Code 53E-7-401
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
“Applicant” means an employee or officer of a scholarship granting organization.
(b)
“Bureau” means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.
(c)
“Department” means the Department of Public Safety.
(d)
“Division” means the Criminal Investigations and Technical Services Division created in Section 53-10-103.
(e)
“FBI” means the Federal Bureau of Investigation.
(f)
“FBI Rap Back System” means the rap back system maintained by the FBI.
(g)
“Personal identifying information” means:
(i)
current name;
(ii)
former names;
(iii)
nicknames;
(iv)
aliases;
(v)
date of birth;
(vi)
address;
(vii)
telephone number;
(viii)
driver license number or other government-issued identification number;
(ix)
social security number; and
(x)
fingerprints.
(h)
“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.
(i)
“WIN Database” means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.
(2)
The state board shall:
(a)
require an applicant to submit to a nationwide criminal background check and ongoing monitoring in accordance with Section 53E-7-404;
(b)
collect the following from an applicant:
(i)
personal identifying information;
(ii)
a fee described in Subsection (4); and
(iii)
consent, on a form specified by the state board, for:
(A)
an initial fingerprint-based background check by the FBI and bureau;
(B)
retention of personal identifying information for ongoing monitoring through registration with the systems described in Subsection (3); and
(C)
disclosure of any criminal history information to the state board;
(c)
submit an applicant’s personal identifying information to the bureau for:
(i)
an initial fingerprint-based background check by the FBI and bureau; and
(ii)
ongoing monitoring through registration with the systems described in Subsection (3) if the results of the initial background check do not contain disqualifying criminal history information as determined by the state board in accordance with Section 53E-7-404;
(d)
identify the appropriate privacy risk mitigation strategy that will be used to ensure that the state board only receives notifications for individuals with whom the state board maintains an authorizing relationship; and
(e)
submit the information to the bureau for ongoing monitoring through registration with the systems described in Subsection (3)(a).
(3)
The bureau shall:
(a)
upon request from the state board, register the fingerprints submitted by the state board as part of a background check with:
(i)
the WIN Database rap back system, or any successor system; and
(ii)
the FBI Rap Back System;
(b)
notify the state board when a new entry is made against an individual whose fingerprints are registered with the rap back systems described in Subsection (3)(a) regarding:
(i)
an alleged offense; or
(ii)
a conviction, including a plea in abeyance;
(c)
assist the state board to identify the appropriate privacy risk mitigation strategy that is to be used to ensure that the state board only receives notifications for individuals with whom the authorized entity maintains an authorizing relationship; and
(d)
collaborate with the state board to provide training to appropriate state board employees on the notification procedures and privacy risk mitigation strategies described in this section.
(4)
(a)
The division shall impose fees set in accordance with Section 63J-1-504 for an applicant fingerprint card, name check, and to register fingerprints under this section.
(b)
Funds generated under this Subsection (4) shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in providing the information.
