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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
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