1. (1) As used in this section:

   1. (a) "Minor" means an individual who is under 18 years old.
   2. (b) "Public library" means a library established under Section 9-7-402 or 9-7-501.
   3. (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.

   4. (d) "Qualifying prospective employee" means an individual who:

      1. (i) is 18 years old or older; and
      2. (ii) applies for a qualifying position with a public library.

2. (2) State funds may not be provided to a public library unless the public library implements a criminal background check policy that:

   1. (a) meets the requirements of Subsection (3); and

   2. (b) is adopted by:

      1. (i) the library board in an open meeting; or
      2. (ii) the county or city in which the public library is located.

3. (3) The criminal background check policy shall:

   1. (a) identify each qualifying position with the public library;
   2. (b) require each qualifying prospective employee to submit to a criminal background check as a condition of employment in a qualifying position;

   3. (c) establish procedures for:

      1. (i) gathering, submitting, and reviewing criminal background checks for qualifying prospective employees before making any offer of employment;
      2. (ii) disqualifying a qualifying prospective employee from employment based on information received as a result of a criminal background check; and
      3. (iii) allowing a qualifying prospective employee to respond to information received as a result of a criminal background check;

   4. (d) ensure that a qualifying prospective employee who is disqualified from employment because of information obtained through a criminal background check receives:

      1. (i) written notice of the reasons for the disqualification; and
      2. (ii) an opportunity to respond to the reasons following the procedures established under Subsection (3)(c)(iii); and
   5. (e) include an effective date that is stated in the criminal background check policy.

4. (4)

   1. (a) The criminal background check policy shall be distributed to qualifying prospective employees and posted in a prominent location in the public library.
   2. (b) A criminal background check policy adopted by a library board shall be reviewed by the library board at least every three years.
5. (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.

Enacted by Chapter 157, 2023 General Session