Senate Bill 2497

AN ACT TO AUTHORIZE FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS TO DETERMINE SUITABILITY FOR EMPLOYMENT WITH EMERGENCY SERVICES AGENCIES; TO AUTHORIZE THE COLLECTION OF A FEE FOR THE FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS; TO AUTHORIZE EMERGENCY SERVICES AGENCIES TO GRANT WAIVERS IF AN APPLICANT SHOWS MITIGATING CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For the purposes of this section:

(a) "Emergency services agency" means a governmental agency or entity engaged in emergency telecommunications, fire suppression or prevention, search and rescue, emergency medical services or emergency management whose purpose is to render services to the public in the event of fire, natural disaster or man-made disaster.

(b) "Emergency services worker" means an individual employed by an emergency services agency.

(2) The department head, director or human resources supervisor of an emergency services agency is authorized to ensure that criminal history record checks and fingerprinting are obtained on their employees before the employee begins any employment with an emergency services agency and that the criminal history record check information and registry checks are on file at the agency. In order to determine the employee's suitability for employment, the employee may be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints may be forwarded by the Department of Public Safety or any other legally authorized entity to the FBI for a national criminal history record check. The fee for the fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the emergency services agency in which the employee is seeking employment, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall the agency representative or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section.

(3) If the fingerprinting or criminal history record checks disclose a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee shall not be eligible to be employed by the emergency services agency. Any pre-employment agreement executed by the emergency services agency shall be voidable if the employee receives a disqualifying criminal history record check. However, the administration of the emergency services agency, in its discretion, may allow any applicant aggrieved by the employment decision under this section to appear before an appeals committee or before a hearing officer designated for that purpose, to show mitigating circumstances that may exist and allow the applicant to continue with the employment process. The emergency services agency may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; (f) other evidence demonstrating the ability of the student to perform the agency responsibilities competently and that the applicant does not pose a threat to the members of the public served by the agency. The criminal history record check shall be valid for the course of employment, provided that annual disclosure statements are provided to the emergency services agency regarding any criminal activity that may have occurred during the employee's tenure with the emergency services agency. The criminal history record check may be repeated at the discretion of the emergency services agency based on information obtained during the annual disclosure statements. In extenuating circumstances, if a criminal history record check is initiated and the results are not available at the time the employment begins, the emergency services agency by which the applicant is employed, at its discretion, may require a signed affidavit from the student assuring compliance with this section. The affidavit will be considered void within sixty (60) days of its signature.

(4) Criminal history record checks that are done as part of the requirements for employment by an emergency services agency may not be used for any other purpose than those activities associated with their employment.

(5) No emergency services agency or its employees shall be held liable in any admissions discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.