House Bill 1189

AN ACT TO AMEND SECTION 25-53-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE MINIMUM BOND REQUIREMENT FOR PERSONS QUALIFYING FOR THE POSITION OF INFORMATION CONFIDENTIALITY OFFICER WITH THE MISSISSIPPI DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES; TO REMOVE THE REQUIREMENT THAT SUCH PERSON BE IDENTIFIED WITH A PHOTO IDENTIFICATION CARD; TO REQUIRE PERSONS SUBMITTING APPLICATION FOR EMPLOYMENT WITH MDITS TO SUBMIT TO A CRIMINAL BACKGROUND RECORDS CHECK; TO PROVIDE IMMUNITY FROM LIABILITY FOR DISCRIMINATION TO MDITS AND ITS PERSONNEL FOR EMPLOYMENT DECISION MADE BASED ON THE RESULTS OF THE CRIMINAL BACKGROUND CHECK; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-53-51, Mississippi Code of 1972, is amended as follows:

25-53-51. To qualify for the position of information confidentiality officer a person must:

(a) Be an employee of a state agency or institution in a position such that his duties require him to handle or process or supervise the handling or processing of data in conjunction with the use of automated information technology equipment for an agency or institution other than that for whom he is regularly employed.

(b) Have been continuously employed for a period of at least one hundred eighty (180) days by such agency or institution or have successfully been cleared for employment through an investigation that shall consist of a determination as to good moral character and that the prospective employee has not been convicted of a felony. In order to determine the applicant's suitability for employment at the Mississippi Department of Information Technology Services, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Mississippi Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. A prospective employee may be provisionally employed based on a reference check by the employing agency pending final receipt of the results of a national criminal history record check for a period not to exceed one hundred eighty (180) days.

(c) Successfully complete a suitable instructional course on the subjects of information security, privacy and confidentiality and protection, to be developed and taught under the supervision of the executive director. An employee may work in a provisional capacity under the direct supervision of an information confidentiality officer as part of an on-the-job training program while completing instructional requirements, for a period not to exceed ninety (90) days.

(d) Be duly sworn to the following oath: "I, ______, do solemnly swear to protect and uphold the confidentiality of all information that may come to my knowledge that is designated as 'confidential information' by another state agency or institution for which I may handle or process in the normal course of my duties. I swear to exercise reasonable care in the handling and processing of all such designated data and further that I will not reveal or otherwise divulge information from such data obtained. I understand that proven violation of this oath will subject me to forfeiture of my bond and dismissal from employment."

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SECTION 2. (1) The Mississippi Department of Information Technology Services shall require any private firm under contract with MDITS to provide services or any person who submits application for employment to submit to criminal records background checks and child abuse registry checks, which shall be obtained through the appropriate governmental authority, and that such criminal record information and registry checks remain on file for any new hires applying for employment and not previously employed in any agency or political subdivision of the state requiring the same before July 1, 2016. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00). However, MDITS or a private firm under contract with MDITS to provide services, 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 executive director or any officer or employee of MDITS or private firm under contract with MDITS to provide services with access to the results of any criminal records check 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. The determination whether the applicant has a disqualifying crime, as set forth in subsection (2) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify MDITS and the private firm whether a disqualifying crime exists.

(2) If such fingerprinting or criminal 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(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault which has not been reversed on appeal or for which a pardon has not been granted, the new hire shall not be eligible to be employed at MDITS. Any employment contract for a new hire executed by the executive director of MDITS or his or her designee or by a private firm under contract to provide services to MDITS shall be voidable if the new hire receives a disqualifying criminal record check. MDITS may grant waivers for such mitigating circumstances, which shall include, but not be limited to:

(a) Age at which the crime was committed;

(b) Circumstances surrounding the crime;

(d) Work history;

(e) Current employment and character references; and

(f) Other evidence demonstrating the ability of the person to perform the employment responsibilities competently and that the person does not pose a threat to the health or safety of the general public with whom he or she will be in contact by virtue of employment.

(3) Neither MDITS, its executive director, nor any of its officer or employees shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.