Enrolled HB 219: Relating to background investigation requirements for state employees whose job duties require access to certain federal tax information; relating to current or prospective contractors with the state with access to certain federal tax information; establishing state personnel procedures required for employee access to certain federal tax information; and providing for an effective date.
00Enrolled HB 219 01 Relating to background investigation requirements for state employees whose job duties 02 require access to certain federal tax information; relating to current or prospective contractors 03 with the state with access to certain federal tax information; establishing state personnel 04 procedures required for employee access to certain federal tax information; and providing for 05 an effective date. 06 _______________ 07 * Section 1. AS 12.62.400 is amended by adding a new subsection to read: 08 (c) To obtain a national criminal history record check for determining a 09 current or prospective employee's qualifications under AS 39.90.210 or a contractor's 10 qualifications under AS 36.30.960, the agency or the procurement officer shall submit 11 the current or prospective employee's or contractor's fingerprints to the department 12 with the fee established by AS 12.62.160. The department shall submit the fingerprints 13 to the Federal Bureau of Investigation to obtain a national criminal history record
01 check of the current or prospective employee or contractor for the purpose of 02 evaluating a person's qualifications under AS 36.30.960 and AS 39.90.210. In this 03 subsection, unless the context otherwise requires, 04 (1) "agency" has the meaning given in AS 39.90.290; 05 (2) "contractor" has the meaning given in AS 36.30.960; 06 (3) "employee" has the meaning given in AS 39.90.290. 07 * Sec. 2. AS 36.30 is amended by adding a new section to read: 08 Sec. 36.30.960. Background investigation for contractors with access to 09 federal tax information. (a) Upon request of an agency, the procurement officer shall 10 notify each contractor if a contract with the state requires access to federal tax 11 information for performance of the contract. Each contractor with the state whose 12 duties require access to federal tax information shall submit to and pass a background 13 investigation that includes a state and national criminal history record check. The 14 contractor shall provide information for the background investigation, including 15 fingerprints, in a format requested by the procurement officer or the contracting 16 agency. The procurement officer or the contracting agency shall submit the 17 fingerprints to the Department of Public Safety to obtain a report of criminal justice 18 information under AS 12.62 and a national criminal history record check. The 19 Department of Public Safety may submit the fingerprints to the Federal Bureau of 20 Investigation for a national criminal history record check. 21 (b) A contractor shall pay to the procurement officer or contracting agency the 22 fee established by AS 12.62.160 for the national criminal history record check. 23 (c) A background investigation under this section, including a state and 24 national criminal history record check, is confidential. 25 (d) In this section, unless the context otherwise requires, 26 (1) "agency" has the meaning given in AS 39.90.290; 27 (2) "contractor" means a person who has applied for or been awarded a 28 contract with an agency and includes a subcontractor; 29 (3) "federal tax information" has the meaning given in AS 39.90.290. 30 * Sec. 3. AS 39.90 is amended by adding new sections to read: 31 Article 3. State Personnel Procedures Relating to Employee Access to Federal Tax
01 Information. 02 Sec. 39.90.200. Purpose of AS 39.90.200 - 39.90.290. It is the purpose of 03 AS 39.90.200 - 39.90.290 to establish procedures to safeguard the confidentiality of 04 protected federal tax information as required by 26 U.S.C. 6103(p)(4). The procedures 05 established in AS 39.90.200 - 39.90.290 apply to a current or prospective state 06 employee whose job duties include access to protected federal tax information. 07 Sec. 39.90.210. Background investigation for employees with access to 08 federal tax information. (a) In connection with an initial application or as a condition 09 of continued employment in a position with the state for which the job duties include 10 access to federal tax information, an agency shall require a prospective or current 11 employee to provide information for a background investigation and request a state 12 and national criminal history record check. 13 (b) A current or prospective employee whose job duties include access to 14 federal tax information shall provide fingerprints in a format requested by the agency. 15 The agency shall submit the fingerprints and the fees required to the Department of 16 Public Safety to obtain a report of criminal justice information under AS 12.62 and a 17 national criminal history record check. The Department of Public Safety may submit 18 the fingerprints to the Federal Bureau of Investigation for a national criminal history 19 record check. 20 (c) A background investigation under this section, including a state and 21 national criminal history record check, is confidential. The agency that requested the 22 criminal history record check shall use the information obtained under this section to 23 determine whether the current or prospective employee is qualified to access federal 24 tax information. With the written approval of the employee, an agency may share an 25 employee's background investigation with another agency if the employee applies for 26 employment with, or works for, another agency that has access to federal tax 27 information and the employee's job duties will include access to federal tax 28 information. 29 (d) An agency that has access to federal tax information shall develop a 30 written policy establishing procedures and criteria for a background investigation 31 under this section and establish criteria to determine whether a current or prospective
01 employee is qualified to access federal tax information. The policy must require that 02 the agency conduct a reinvestigation not later than 10 years after the date of the 03 previous background investigation. 04 Sec. 39.90.290. Definitions. In AS 39.90.200 - 39.90.290, unless the context 05 otherwise requires, 06 (1) "agency" means a department, the Office of the Governor, or an 07 entity in the executive branch, including the University of Alaska, a public or quasi- 08 public corporation, a board or commission, and the Alaska Railroad Corporation; 09 (2) "employee" means a permanent, probationary, seasonal, temporary, 10 provisional, or nonpermanent employee of an agency, whether in the classified, 11 partially exempt, or exempt service; 12 (3) "federal tax information" means a federal tax return, return 13 information, and information derived from the federal tax return or return information 14 that is in an agency's possession or control and that is received directly by an agency 15 under 26 U.S.C. 6103(d) or (l) from the Internal Revenue Service, an Internal Revenue 16 Service authorized secondary source, or another entity acting on behalf of the Internal 17 Revenue Service under 26 U.S.C. 6103(p)(2)(B); 18 (4) "return" has the meaning given in 26 U.S.C. 6103; 19 (5) "return information" has the meaning given in 26 U.S.C. 6103. 20 * Sec. 4. This Act takes effect July 1, 2018.