63A-12-116. Background check for individuals with direct access to a vulnerable record.
| (1) |
If, under Subsection 63A-12-101(3)(c), state archives requires an individual to undergo a background check:
Terms Used In Utah Code 63A-12-116- 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
- State archives: means the Division of Archives and Records Service. See Utah Code 63A-12-100.5
- Vulnerable record: means a record or data relating to:Utah Code 63A-12-100.5
| (a) |
the individual shall:
| (i) |
submit to state archives, in a form designated by state archives, a fingerprint card and other information required by state archives for the background check; and |
| (ii) |
consent to a criminal background check by the Federal Bureau of Investigation, the Bureau of Criminal Identification, or any other state entity that performs criminal background checks; and |
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| (b) |
state archives shall:
| (i) |
submit the fingerprint card and information described in Subsection (1)(a)(i) to the Utah Bureau of Criminal Identification; and |
| (ii) |
pay all fees required to conduct the background check, including fees described in Subsection 53-10-108(15)(a) and fees required by the Federal Bureau of Investigation. |
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| (2) |
The Bureau of Criminal Identification shall provide all results of a criminal background check described in this section to state archives, including results from state, regional, and nationwide background checks. |
| (3) |
State archives may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
| (a) |
establish procedures for requiring and conducting a background check under this section; and |
| (b) |
specify requirements for the information and fingerprint card required for a background check under this section. |
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Enacted by Chapter 173, 2023 General Session
