Bill Summary – FastDemocracy

Enrolled Copy                                                                          H.B. 284
          PUBLIC LIBRARY BACKGROUND CHECK REQUIREMENTS
                                      2023 GENERAL SESSION
                                           STATE OF UTAH
                                Chief Sponsor: Dan N. Johnson
                                Senate Sponsor: Chris H. Wilson
 6
 LONG TITLE
 General Description:
        This bill provides for criminal background checks of public library employees.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < prohibits a public library from receiving state funds unless the library implements a
 policy providing for criminal background checks of prospective employees;
        < provides for the scope, content, and dissemination of a library's criminal
 background check policy;
        < provides for fiscal assistance to smaller counties and municipalities to conduct
 criminal background checks;
        < requires the State Library Division to report annually to the Legislature regarding
 compliance with the criminal background check policy requirements; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        This bill provides a special effective date.
 Utah Code Sections Affected:
 AMENDS:
        9-7-101, as last amended by Laws of Utah 2019, Chapter 221
        9-7-216, as last amended by Laws of Utah 2004, Chapter 193
       H.B. 284                                                                          Enrolled Copy
        9-7-217, as last amended by Laws of Utah 2014, Chapter 371
 ENACTS:
        9-7-218, Utah Code Annotated 1953
33
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 9-7-101 is amended to read:
        9-7-101. Definitions.
        As used in this chapter:
        (1) "Board" means the State Library Board created in Section 9-7-204.
        (2) "Division" means the State Library Division.
        (3) "Internet policy" means the public library online access policy required in Section
 9-7-215.
        [(3)] (4) "Library board" means the library board of directors appointed locally as
 authorized by Section 9-7-402 or 9-7-502 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.
        [(4)] (5) "Physical format" means a transportable medium in which analog or digital
 information is published, such as print, microform, magnetic disk, or optical disk.
        [(5) "Policy" means the public library online access policy adopted by a library board
 to meet the requirements of Section 9-7-215.]
        (6) "Political subdivision" means a county, city, town, school district, public transit
 district, redevelopment agency, or special improvement or taxing district.
        (7) "State agency" means:
        (a) the state; or
        (b) an office, department, agency, authority, commission, board, institution, hospital,
 college, university, or other instrumentality of the state.
        (8) (a) "State publication" means a book, compilation, directory, document, contract or
 grant report, hearing memorandum, journal, law, legislative bill, magazine, map, monograph,
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       Enrolled Copy                                                                               H.B. 284
 order, ordinance, pamphlet, periodical, proceeding, public memorandum, resolution, register,
 rule, report, statute, audiovisual material, electronic publication, micrographic form and tape or
 disc recording regardless of format or method of reproduction, issued or published by a state
 agency or political subdivision for distribution.
         (b) "State publication" does not include correspondence, internal confidential
 publications, office memoranda, university press publications, or publications of the state
 historical society.
         Section 2. Section 9-7-216 is amended to read:
         9-7-216. Process and content standards for Internet policy.
         (1) (a) Each library's Internet policy shall be developed under the direction of the
 library board, adopted in an open meeting, and have an effective date.
         (b) The library board shall review the policy at least every three years[, and a footnote
 shall be added to the policy indicating the effective date of the last review].
         [(b)] (c) (i) Notice of the availability of the policy shall be posted in a conspicuous
 place within the library for all patrons to observe.
         (ii) The library board may issue any other public notice [it] the library board considers
 appropriate to inform the community about the policy.
         (2) The Internet policy shall include the following information:
         (a) [state] a statement indicating:
         (i) that [it] the library restricts access to Internet or online sites that contain material
 described in Section 9-7-215; and
         (ii) how the library board intends to meet the requirements of Section 9-7-215;
         (b) [inform] a statement informing patrons that administrative procedures and
 guidelines for the staff to follow in enforcing the policy have been adopted and are available
 for review at the library; [and]
         (c) [inform] a statement informing patrons that procedures for use by patrons and staff
 to handle complaints about the policy, [its] the policy's enforcement, or about observed patron
 behavior have been adopted and are available for review at the library[.]; and
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        H.B. 284                                                                        Enrolled Copy
        (d) a footnote indicating the effective date of the last review of the policy under
 Subsection (1)(b).
        Section 3. Section 9-7-217 is amended to read:
        9-7-217. Reporting.
        The division shall submit a report to the department regarding the compliance of library
 boards with the provisions of [Section] Sections 9-7-215 and 9-7-218 for inclusion in the
 annual written report described in Section 9-1-208.
        Section 4. Section 9-7-218 is enacted to read:
        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
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        Enrolled Copy                                                                             H.B. 284
 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.
         Section 5. Effective date.
         This bill takes effect on July 1, 2024.
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Statutes affected: 
Introduced: 9-7-101, 9-7-216, 9-7-217
Enrolled: 9-7-101, 9-7-216, 9-7-217