SB 103 — WORKFORCE SOLUTIONS STAFF BACKGROUND CHECKS

SENATEAN BILLACT 103RELATING 55THTO LEGISLATURETHE -WORKFORCE STATEOFNEWMEXICO-SOLUTIONS SECONDDEPARTMENT; SESSION , 2022 INTRODUCED BY Michael Padilla This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

ThePROVIDING documentFOR isCRIMINAL aHISTORY toolBACKGROUND toCHECKS showFOR amendmentsEMPLOYEES, inFINALISTS contextFOR andEMPLOYMENT, cannotCONTRACTORS beAND usedSUBCONTRACTORS forOF theTHE purposeWORKFORCE ofSOLUTIONS addingDEPARTMENT amendmentsUNDER toCERTAIN legislation.CIRCUMSTANCES;

hPROVIDING ANFOR ACTLIMITED gUSE oAND RELATINGREQUIRING TOCONFIDENTIALITY THEOF WORKFORCEINFORMATION SOLUTIONSOBTAINED DEPARTMENT;THROUGH THE BACKGROUND CHECKS;

PROVIDING FOR tDENIAL hrOR gTERMINATION eOF iEMPLOYMENT kBASED CRIMINALUPON HISTORYINFORMATION BACKGROUNDOBTAINED CHECKSTHROUGH FOR EMPLOYEES, FINALISTS FOR h r i s EMPLOYMENT, CONTRACTORS AND SUBCONTRACTORS OF THE WORKFORCEBACKGROUND hCHECKS; , t, SOLUTIONS DEPARTMENT UNDER CERTAIN CIRCUMSTANCES;

PROVIDINGREPEALING FORSECTION e9-26-15 uNMSA g1978 e(BEING bLAWS l2007, eCHAPTER e200, hSECTION LIMITED23); USE AND REQUIRING CONFIDENTIALITY OF INFORMATION n d d i = = o h OBTAINED THROUGH THE BACKGROUND CHECKS;

PROVIDING FOR APPEAL OF l ] b ,d i a º e DENIAL OR TERMINATION OF EMPLOYMENT BASED UPON INFORMATION r i = r t e w d m a n o OBTAINED THROUGH THE BACKGROUND CHECKS;

REPEALING SECTION d m :

b e d s º o t n = .221618.1SAAIC February 3, 2022 (4:40pm) s k m e e a n e d r e l u [ A d 9-26-15 NMSA 1978 (BEING LAWS 2007, CHAPTER 200, SECTION 23);

SHORT TITLE.--[SectionsTITLE.--Chapter 1 through 14 of this act] Chapter 9, Article 26 NMSA 1978 may be cited as the "Workforce Solutions Department Act"." SECTION 2.

"[NEW"BACKGROUND MATERIAL]CHECKS--AUTHORIZATION--PROCEDURES-- BACKGROUNDRULEMAKING--CONFIDENTIALITY--PENALTIES.-- CHECKS--AUTHORIZATION-- PROCEDURES--RULEMAKING--CONFIDENTIALITY--PENALTIES.-- A.

The department shall require SHPACº and obtain electronic fingerprinting data»SHPAC SHPACºa fingerprint-based criminalrecords history record»SHPAC on:

(1) department employees who have or will have h g access to federal tax information;

and oSJC/SB t103 hrPage 1 (2) finalists for employment by the department g e i k who have or may have access to federal tax information.

h r i s h B.

The department shall SHPACºrequest provide the ,fingerprint- t,based e u g electronic fingerprinting data obtained»SHPAC SHPACºrequest e b l e e h the fingerprint-based criminal history record»SHPACrecord for each n d d i = = o h l ] b ,d subject required pursuant to Subsection A SHPACºfrom: to»SHPAC i a º e r i = r SHPACº from»SHPAC:

t(1) ethe wdepartment dof mpublic asafety, nwhich oshall: d m :

b e d s º o t n = .221618.1SAAIC February 3, 2022 (4:40pm) s k m e -2- e a n e d r e l u [ A d (1) the department of public safety, which shall:

(b) provide the SHPACºfingerprint-based electronicrecord fingerprinting data»SHPAC SHPACºfingerprint-based criminal history record»SHPAC to the federal bureau of investigation to obtain a national criminal history background check to determine the existence and content of a record of convictions and arrests of the subject in other law enforcement jurisdictions, in accordance with regulations of the federal bureau of investigation;

and h g (2) the law enforcement agency of each county o t hr and municipality in which the subject lived, worked or attendedSJC/SB g103 ePage i2 kattended any high school or post-secondary educational institution, h r i s h which shall conduct a criminal history background check to , t, e u g determine the existence and content of a record of convictions e b l e e h and arrests of the subject in the law enforcement agency's n d d i = = o h respective jurisdiction within the last five years and provide l ] b ,d i a º e r i = r that information to the department.

t e w d m a n o C.

Subject to any restrictions imposed by federal dlaw, mthe :department shall have access to the information furnished by the federal bureau of investigation, the department of public safety and any other law enforcement agency or organization pursuant to Subsection B of this section.

b e d s º o t n = .221618.1SAAIC February 3, 2022 (4:40pm) s k m e -3- e a n e d r e l u [ A d law, the department shall have access to the information furnished by the federal bureau of investigation, the department of public safety and any other law enforcement agency or organization pursuant to Subsection B of this section.

Before entering into a contract with the department or with a contractor of the department, a prospective contractor or subcontractor who may have access to federal tax information pursuant to specific duties that would be assigned to that person by the department shall arrange to have criminal history background checks to be conducted by the department of public safety and the necessary law enforcement h u agencies as required pursuant to Subsection B of this section » r t h g e for department employees and SJC/SB 103 Page 3 finalists for employment by the l i h r department.

That person shall bear the costs associated with i s h , obtaining the criminal history background checks.

e h t u g e b l F.

The department shall use the information e e , gh n d d i obtained from a criminal history background check pursuant to = = o h l ] b ,d this section only to investigate and determine whether a idepartment aemployee ºor rfinalist efor remployment =by tthe edepartment wor dprospective contractor or prospective subcontractor with the department employeehas orbeen finalistconvicted forof employmenta bycrime thethat mhas a ndirect oimpact don mthe :ability of that person to meet federal requirements or to perform the specific duties assigned to that person.

b r e t º o t n = .221618.1SAAIC February 3, 2022 (4:40pm) s k m e -4- e a n e d r e l u [ A d department or prospective contractor or prospective subcontractor with the department has been convicted of a crime that has a direct impact on the ability of that person to meet federal requirements or to perform the specific duties assigned to that person.

SHPACº The secretary may deny or terminate employment of a person who has been convicted of a felony or aother crime involving moral turpitude that hasdirectly areflects direct impact on the suitabilityperson's ofability that person to access federal tax information.»SHPACinformation. G.

TheG. department shall conduct a legal residency background check for eligibility to legally work as a citizen or legal resident of the United States on each department and each finalist for employment by the department who has or may h u » r have access to federal tax information.

The department shall tconduct h g e complete a citizenship or residency check for eacheligibility departmentto llegally iwork hin rthe employeeUnited withStates expiringon employmenteach eligibilitydepartment employee and shalleach ifinalist sfor hemployment ,by e h document and monitor the employee'sdepartment citizenshipwho has or residencymay thave uaccess gto efederal btax linformation. status for continued compliance.

eThe edepartment ,shall ghcomplete na dcheck devery ifive H.years for continued eligibility to legally work in the United States.

TheSJC/SB information103 obtainedPage from4 criminalH. history = = o h l ] b ,d background checks or legal residency background checks pursuant i a º r e r = t e w d to this section is confidential and shall not be released or m a n o d m :

bThe rinformation eobtained tfrom ºcriminal ohistory tbackground nchecks =or .221618.1SAAIClegal Februaryresidency 3,background 2022checks (4:40pm)pursuant sto kthis msection eis -5-confidential eand ashall nnot ebe dreleased ror e l u [ A d disclosed by the department except pursuant to a court order or with written consent of the person who is the subject of the records.

A person who releases or discloses information obtained pursuant to a criminal history background check or legal residency background check in violation of the provisions of this subsection is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.1978." SECTION 3.

I.

A department employee or a finalist for employment by the department who is denied employment or whose employment is terminated based on information in a background check pursuant to this section SHPACº shall receive a written determination from the department that states the reason for the decision.

That person»SHPAC is entitled to review the information obtained pursuant to this section and to SHPACºappeal the decision»SHPAC SHPACºrequest administrative h u » r reconsideration by submitting a written appeal to the secretary t h g e within fifteen calendar days of the decision to deny or l i h r terminate employment.

A person may appeal the final decision i s h , e h of the secretary»SHPAC to the district court by filing in t u g e b l district court a notice of appeal pursuant to Section SHPACº 39- e e , gh n d d i 1-1.1»SHPAC SHPACº39-3-1.1»SHPAC NMSA 1978 within thirty days = = o h l ] b ,d i a º r of the date of the SHPACº secretary's final»SHPAC decision to e r = t e w d deny or terminate employment." m a n o d m :

b r e t º o t n = .221618.1SAAIC February 3, 2022 (4:40pm) s k m e -6- e a n e d r e l u [ A d SECTION 3.

-SJC/SB 7103 -Page »5 g25 o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :