17B-2a-825 - Criminal background checks authorized -- Employment eligibility.
17B-2a-825. Criminal background checks authorized -- Employment eligibility.
(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, bussystems, and transit vehicles;
(ii) handling personally identifiable information, financial information, or other sensitiveinformation 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 thissection 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 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 for a violation of driving under the influence of alcohol, anydrug, or the combined influence of alcohol and any drug;
(b) to determine whether or not an individual has accurately disclosed the person'scriminal 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, includingpossible termination of employment.
(4) A person is not eligible for employment with a public transit district in a capacitydescribed in Subsection (2) if the person has been convicted of any of the offenses described inSubsection (3).
Amended by Chapter 281, 2010 General Session