United States — Utah Act or statute

United States — Utah legislation

Utah Code § 9-7-218, 2023

Public libraries must adopt and follow a criminal background check policy for qualifying positions, and state funds may not be provided unless the policy meets specified requirements.

Source excerpt

background checksbackground screeningboard reviewcandidate screeningcriminal background checksemployee disqualificationemployee screeningemployment screeninghiringhiring procedureslibrary employmentlibrary governancenotice and responsepolicy postingpolicy reviewpublic funding conditionspublic library staffing

Jurisdiction: United States — Utah
Status: In force
Official identity: Year 2023
Dates: Enacted 2023

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Dates: Enacted 2023

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“Public libraries must adopt and follow a criminal background check policy for qualifying positions, and state funds may not be provided unless the policy meets specified requirements.”

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Criminal background check policy required -- Scope and content -- Dissemination.

Public libraries must adopt and follow a criminal background check policy for qualifying positions, and state funds may not be provided unless the policy meets specified requirements.

Section 9-7-218

Subsection 9-7-218(1)(d)(ii)

applies for a qualifying position with a public library.

Section 9-7-218(1)(d)(ii)

Subsection 9-7-218(3)(a)

The provision requires a person to identify each qualifying position with the public library.

Section 9-7-218(3)(a)

Subsection 9-7-218(3)(d)

A qualifying prospective employee disqualified by a criminal background check must receive written reasons for the disqualification and an opportunity to respond under the procedures in Subsection (3)(c)(iii).

Section 9-7-218(3)(d)

Subsection 9-7-218(5)

The State Library Board must reimburse certain counties and cities for criminal background check costs, but only within legislative appropriations for that purpose.

Section 9-7-218(5)

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Source record from le.utah.gov · Enacted 2023

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Showing 28 of 28 provisions

Provision 28

Part 9-7-2

part 9-7-2 State Library Division

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

Source excerpt

Public libraries must adopt and follow a criminal background check policy for qualifying positions, and state funds may not be provided unless the policy meets specified requirements.

Criminal background check policy required -- Scope and content -- Dissemination. As used in this section: "Minor" means an individual who is under 18 years old. "Public library" means a library established under Section 9-7-402 or 9-7-501 . "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. "Qualifying prospective employee" means an individual who: is 18 years old or older; and applies for a qualifying position with a public library. State funds may not be provided to a public library unless the public library implements a criminal background check policy that: meets the requirements of Subsection (3) ; and is adopted by: the library board in an open meeting; or the county or city in which the public library is located. The criminal background check policy shall: identify each qualifying position with the public library; require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position; establish procedures for: gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment; disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and allowing a qualifying prospective employee to respond to information received as a result of a criminal background check; ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives: written notice of the reasons for the disqualification; and an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii) ; and include an effective date that is stated in the criminal background check policy. The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library. A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years. 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.

Section 9-7-218Verify source

§ 9-7-218(1)Subsection 9-7-218(1)Provision

Source excerpt

This provision defines several terms used in the section, including “minor,” “public library,” “qualifying position,” and “qualifying prospective employee.”

As used in this section: "Minor" means an individual who is under 18 years old. "Public library" means a library established under Section 9-7-402 or 9-7-501 . "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. "Qualifying prospective employee" means an individual who: is 18 years old or older; and applies for a qualifying position with a public library.

Section 9-7-218(1)Verify source

§ 9-7-218(1)(a)Subsection 9-7-218(1)(a)Provision

Source excerpt

"Minor" means an individual under 18 years old.

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

Section 9-7-218(1)(a)Verify source

§ 9-7-218(1)(b)Subsection 9-7-218(1)(b)Provision

Source excerpt

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

Section 9-7-218(1)(b)Verify source

§ 9-7-218(1)(c)Subsection 9-7-218(1)(c)Provision

Source excerpt

"Qualifying position" means a paid or unpaid public-library job, including volunteer work, that involves significant contact with minors, as determined by the library board.

"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.

Section 9-7-218(1)(c)Verify source

§ 9-7-218(1)(d)Subsection 9-7-218(1)(d)Provision

Source excerpt

"Qualifying prospective employee" means an individual who: is 18 years old or older; and applies for a qualifying position with a public library.

Section 9-7-218(1)(d)Verify source

§ 9-7-218(1)(d)(i)Subsection 9-7-218(1)(d)(i)Provision

Source excerpt

is 18 years old or older; and

Section 9-7-218(1)(d)(i)Verify source

§ 9-7-218(1)(d)(ii)Subsection 9-7-218(1)(d)(ii)Provision

Source excerpt

applies for a qualifying position with a public library.

Section 9-7-218(1)(d)(ii)Verify source

§ 9-7-218(2)Subsection 9-7-218(2)Provision

Source excerpt

State funds may not be provided to a public library unless it has a criminal background check policy that meets Subsection (3) and is adopted by the library board in an open meeting or by the county or city where the library is located.

State funds may not be provided to a public library unless the public library implements a criminal background check policy that: meets the requirements of Subsection (3) ; and is adopted by: the library board in an open meeting; or the county or city in which the public library is located.

Section 9-7-218(2)Verify source

§ 9-7-218(2)(a)Subsection 9-7-218(2)(a)Provision

Source excerpt

It must meet the requirements of Subsection (3).

meets the requirements of Subsection (3) ; and

Section 9-7-218(2)(a)Verify source

§ 9-7-218(2)(b)Subsection 9-7-218(2)(b)Provision

Source excerpt

is adopted by: the library board in an open meeting; or the county or city in which the public library is located.

Section 9-7-218(2)(b)Verify source

§ 9-7-218(2)(b)(i)Subsection 9-7-218(2)(b)(i)Provision

Source excerpt

the library board in an open meeting; or

Section 9-7-218(2)(b)(i)Verify source

§ 9-7-218(2)(b)(ii)Subsection 9-7-218(2)(b)(ii)Provision

Source excerpt

the county or city in which the public library is located.

Section 9-7-218(2)(b)(ii)Verify source

§ 9-7-218(3)Subsection 9-7-218(3)Provision

Source excerpt

The criminal background check policy must identify qualifying positions, require background checks for qualifying prospective employees, set procedures for checking and review, allow a response to disqualification information, give written notice of disqualification reasons, and include an effective date.

The criminal background check policy shall: identify each qualifying position with the public library; require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position; establish procedures for: gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment; disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and allowing a qualifying prospective employee to respond to information received as a result of a criminal background check; ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives: written notice of the reasons for the disqualification; and an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii) ; and include an effective date that is stated in the criminal background check policy.

Section 9-7-218(3)Verify source

§ 9-7-218(3)(a)Subsection 9-7-218(3)(a)Provision

Source excerpt

The provision requires a person to identify each qualifying position with the public library.

identify each qualifying position with the public library;

Section 9-7-218(3)(a)Verify source

§ 9-7-218(3)(b)Subsection 9-7-218(3)(b)Provision

Source excerpt

A qualifying prospective employee must submit to a criminal background check to be employed in a qualifying position.

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

Section 9-7-218(3)(b)Verify source

§ 9-7-218(3)(c)Subsection 9-7-218(3)(c)Provision

Source excerpt

establish procedures for: gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment; disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and allowing a qualifying prospective employee to respond to information received as a result of a criminal background check;

Section 9-7-218(3)(c)Verify source

§ 9-7-218(3)(c)(i)Subsection 9-7-218(3)(c)(i)Provision

Source excerpt

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

Section 9-7-218(3)(c)(i)Verify source

§ 9-7-218(3)(c)(ii)Subsection 9-7-218(3)(c)(ii)Provision

Source excerpt

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

Section 9-7-218(3)(c)(ii)Verify source

§ 9-7-218(3)(c)(iii)Subsection 9-7-218(3)(c)(iii)Provision

Source excerpt

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

Section 9-7-218(3)(c)(iii)Verify source

§ 9-7-218(3)(d)Subsection 9-7-218(3)(d)Provision

Source excerpt

ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives: written notice of the reasons for the disqualification; and an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii) ; and

Section 9-7-218(3)(d)Verify source

§ 9-7-218(3)(d)(i)Subsection 9-7-218(3)(d)(i)Provision

Source excerpt

written notice of the reasons for the disqualification; and

Section 9-7-218(3)(d)(i)Verify source

§ 9-7-218(3)(d)(ii)Subsection 9-7-218(3)(d)(ii)Provision

Source excerpt

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

Section 9-7-218(3)(d)(ii)Verify source

§ 9-7-218(3)(e)Subsection 9-7-218(3)(e)Provision

Source excerpt

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

Section 9-7-218(3)(e)Verify source

§ 9-7-218(4)Subsection 9-7-218(4)Provision

Source excerpt

The criminal background check policy must be distributed to qualifying prospective employees and posted in a prominent place in the public library.

The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library. A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years.

Section 9-7-218(4)Verify source

§ 9-7-218(4)(a)Subsection 9-7-218(4)(a)Provision

Source excerpt

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

Section 9-7-218(4)(a)Verify source

§ 9-7-218(4)(b)Subsection 9-7-218(4)(b)Provision

Source excerpt

A library board must review its criminal background check policy at least every three years.

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

Section 9-7-218(4)(b)Verify source

§ 9-7-218(5)Subsection 9-7-218(5)Provision

Source excerpt

The State Library Board must reimburse certain counties and cities for criminal background check costs, but only within legislative appropriations for that purpose.

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.

Section 9-7-218(5)Verify source

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Utah Code § 9-7-218, 2023

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