Current through the 2024 Fourth Special Session
Section 9-7-218 - Criminal background check policy required - Scope and content - Dissemination(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.(4)(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.Added by Chapter 157, 2023 General Session ,§ 4, eff. 7/1/2024.