House Bill 843

AN ACT TO CREATE NEW SECTION 71-5-122, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO FINGERPRINT AND CONDUCT BACKGROUND INVESTIGATIONS ON EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS WHO HAVE ACCESS TO FEDERAL TAX INFORMATION OR ARE OTHERWISE REQUIRED BY STATE OR FEDERAL LAW TO UNDERGO A BACKGROUND INVESTIGATION; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO ENACT POLICIES AND PROCEDURES RELATED TO THE BACKGROUND INVESTIGATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 71-5-122, Mississippi Code of 1972:

71-5-122. (1) The Mississippi Department of Employment Security 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

(b) Is otherwise required by state or federal law or regulations to undergo a background investigation.

(2) The Mississippi Department of Employment Security 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 the individuals listed in subsection (1) of this section;

(c) 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 Services' background investigation requirements for access to FTI (including but not limited to IRS Publication 1075); and

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

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.