(SB 44)

Criminal background checks for employees of the Division of Banking.

         ENTITLED, An Act to  require the conduct of criminal background checks for certain persons employed by the Division of Banking.


     Section  1.  That § 51A-2-6 be amended to read as follows:

     51A-2-6.   The division may employ such examiners and special examiners, legal counsel, clerks, stenographers and such other aides as it may deem necessary to assist the director in the performance of his duties. The division shall fix the compensation of each employee and may dismiss any employee not subject to the provisions of chapter 3-6A at will.

     Each person hired by the Division of Banking, in any capacity, shall agree to submit to a background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The division 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 from the background investigation. The division may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals that the person has been convicted of any financial crime, or any crime that otherwise reveals circumstances that reasonably suggest that the person should not be employed by the division.

     Signed March 6, 2007