Utah Code 9-7-218. Criminal background check policy required — Scope and content — Dissemination
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(1) As used in this section:
Terms Used In Utah Code 9-7-218
- Board: means the State Library Board created in Section
9-7-204 . See Utah Code 9-7-101 - City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Library board: means the library board of directors appointed locally as authorized by Section
9-7-402 or9-7-502 and which exercises general policy authority for library services within a city or county of the state, regardless of the title by which the board is known locally. See Utah Code 9-7-101 - 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
(1)(a) “Minor” means an individual who is under 18 years old.
(1)(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.
(1)(d) “Qualifying prospective employee” means an individual who:
(1)(d)(i) is 18 years old or older; and
(1)(d)(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:
(2)(a) meets the requirements of Subsection (3); and
(2)(b) is adopted by:
(2)(b)(i) the library board in an open meeting; or
(2)(b)(ii) the county or city in which the public library is located.
(3) The criminal background check policy shall:
(3)(a) identify each qualifying position with the public library;
(3)(b) require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position;
(3)(c) establish procedures for:
(3)(c)(i) gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment;
(3)(c)(ii) disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and
(3)(c)(iii) allowing a qualifying prospective employee to respond to information received as a result of a criminal background check;
(3)(d) ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives:
(3)(d)(i) written notice of the reasons for the disqualification; and
(3)(d)(ii) an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii); and
(3)(e) include an effective date that is stated in the criminal background check policy.
(4)
(4)(a) The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library.
(4)(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.