MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Economic and Workforce Development

By: Senator(s) Sparks, Suber

Senate Bill 2285

(As Passed the Senate)

AN ACT TO AMEND SECTION 71-5-146, MISSISSIPPI CODE OF 1972, TO ENSURE MDES BACKGROUND CHECK REGULATIONS ARE CONSISTENT WITH AND COMPLY WITH THE REQUIREMENTS OF THE INTERNAL REVENUE SERVICE FOR INDIVIDUALS WHO HAVE OR POTENTIALLY WILL HAVE ACCESS TO FEDERAL TAX INFORMATION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 71-5-146, Mississippi Code of 1972, is amended as follows:

     71-5-146.  (1)  For the purpose of establishing and ensuring that the Mississippi Department of Employment Security background investigation requirements are consistent and in compliance with the Internal Revenue Service background investigation requirements for those individuals with access to, or potential access to Federal Tax Information ("FTI"), including, but not limited to, IRS Publication 1075, the Mississippi Department of Employment Security ("MDES") shall have the authority to fingerprint and conduct a background investigation on * * * every employee, contractor and subcontractor who:

          (a) * * * Has access to Federal Tax Information (FTI); or Any MDES employee, MDES contractor, or MDES subcontractor who is to be subjected to a national criminal history background check due to his or her access to FTI; and

          (b) * * * Is otherwise required by state or federal law or regulations to undergo a background investigation Any individual who applies to a position with MDES who is to be subjected to a national criminal history background due to required FTI access upon hire.

     (2)  The department shall have the authority to enact policies and procedures that allow designated department employees to:

          (a)  Access and review state and federal criminal history records;

          (b)  Fingerprint individuals identified in subsection (1) of this section;

          (c)  Submit said fingerprints to the state identification bureau for a check of state records;

(d)  Forward the fingerprints to the Federal Bureau of Investigation (FBI) for a fingerprint-based national criminal history record check * * * for the purpose of establishing and ensuring that background investigation requirements for all department employees, contractors and subcontractors that have access to FTI are consistent with the Internal Revenue Service background investigation requirements for access to FTI, including, but not limited to, IRS Publication 1075; and

          ( * * *de)  Develop additional background policies and procedures as required by state or federal law or regulations.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2025.

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