9-7-218. Criminal background check policy required -- Scope and content -- Dissemination.

422 words·~2 min read·/ut/title-9/chapter-7/9-7-218

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

Effective 7/1/2024

(1)As used in this section:

(a)"Minor" means an individual who is under 18 years old.

(b)"Public library" means a library established under Section 9-7-402 or 9-7-501 .

(c)"Qualifying position" means any paid or unpaid employment position with a public library, including a volunteer position, that involves significant contact with minors, as determined by the public library's library board.

(d)"Qualifying prospective employee" means an individual who:

(i)is 18 years old or older; and

(ii)applies for a qualifying position with a public library.

(2)State funds may not be provided to a public library unless the public library implements a criminal background check policy that:

(a)meets the requirements of Subsection

(3); and

(b)is adopted by:

(i)the library board in an open meeting; or

(ii)the county or city in which the public library is located.

(3)The criminal background check policy shall:

(a)identify each qualifying position with the public library;

(b)require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position;

(c)establish procedures for:

(i)gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment;

(ii)disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and

(iii)allowing a qualifying prospective employee to respond to information received as a result of a criminal background check;

(d)ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives:

(i)written notice of the reasons for the disqualification; and

(ii)an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii) ; and

(e)include an effective date that is stated in the criminal background check policy.

(a)The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library.

(b)A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years.

(5)Within appropriations made by the Legislature for this purpose, the State Library Board shall reimburse a county of the fourth, fifth, or sixth class, and a city of the fourth, fifth, or sixth class, for the costs of conducting criminal background checks under this section.

Enacted by Chapter 157 , 2023 General Session