17B-2a-825. Criminal background checks authorized -- Employment eligibility.

386 words·~2 min read·/ut/title-17b/chapter-2a/17b-2a-825

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/13/2014

(1)A public transit district may require an individual described in Subsection

(2)to:

(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