State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0314
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SENATE BILL NO. 6
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Introduced by: The Committee on Health and Human Services at the request of the Bureau
of Personnel
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FOR AN ACT ENTITLED, An Act to authorize criminal background checks for various state
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 27A-4 be amended by adding thereto a NEW SECTION to read as
follows:
Each person hired as an employee whose primary duty includes patient care or supervision
at the Human Services Center shall submit to a criminal background investigation, by means
of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of
Investigation. The Human Services Center shall submit completed fingerprint cards to the
Division of Criminal Investigation before the prospective new employee enters into service. If
no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the
Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal
history record check. Any person whose employment is subject to the requirements of this
section may enter into service on a temporary basis pending receipt of results of the criminal
background investigation. The Human Services Center may, without liability, withdraw its offer
of employment or terminate the temporary employment without notice if the report reveals a
disqualifying record. Any person whose employment is subject to the requirements of this
section shall pay any fees charged for the criminal record check.
Section 2. That chapter 1-36 be amended by adding thereto a NEW SECTION to read as
follows:
Each person hired by the Department of Social Services to serve as a social service aide,
family services specialist, family services specialist supervisor, and regional manager in the
Division of Child Protection Services or as a home health aide, adult services and aging
specialist, social services supervisor, and regional manager in the Division of Adult Services
and Aging shall submit to a criminal background investigation, by means of fingerprint checks
by the Division of Criminal Investigation and the Federal Bureau of Investigation. The
department shall submit completed fingerprint cards to the Division of Criminal Investigation
before the prospective new employee enters into service. If no disqualifying record is identified
at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation
to the Federal Bureau of Investigation for a national criminal history record check. Any person
whose employment is subject to the requirements of this section may enter into service on a
temporary basis pending receipt of results of the criminal background investigation. The
department may, without liability, withdraw its offer of employment or terminate the temporary
employment without notice if the report reveals a disqualifying record. Any person whose
employment is subject to the requirements of this section shall pay any fees charged for the
criminal record check.
Section 3. That chapter 1-43 be amended by adding thereto a NEW SECTION to read as
follows:
Each person hired by the Department of Health, forensic chemistry unit of the public health
laboratory shall submit to a criminal background investigation, by means of fingerprint checks
by the Division of Criminal Investigation and the Federal Bureau of Investigation. The
department shall submit completed fingerprint cards to the Division of Criminal Investigation
before the prospective new employee enters into service. If no disqualifying record is identified
at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation
to the Federal Bureau of Investigation for a national criminal history record check. Any person
whose employment is subject to the requirements of this section may enter into service on a
temporary basis pending receipt of results of the criminal background investigation. The
department may, without liability, withdraw its offer of employment or terminate the temporary
employment without notice if the report reveals a disqualifying record. Any person whose
employment is subject to the requirements of this section shall pay any fees charged for the
criminal record check.