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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled 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.                                                                        
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