72-10-602 - Criminal background check authorized -- Written notice required.
72-10-602. Criminal background check authorized -- Written notice required.
(1) A city may by ordinance require a ground transportation service provider to submit toa criminal background check as a condition of providing ground transportation service to anairport under the city's authority.
(2) (a) Each ground transportation service provider, if required to submit a backgroundcheck under Subsection (1), shall:
(i) submit a fingerprint card in a form acceptable to the division; and
(ii) consent to a fingerprint background check by:
(A) the Utah Bureau of Criminal Identification; and
(B) the Federal Bureau of Investigation.
(b) If requested by a city that has adopted an ordinance in accordance with Subsection(1), the division shall request the Department of Public Safety to complete a Federal Bureau ofInvestigation criminal background check through a national criminal history system for eachbackground check requested by a city under this section.
(c) (i) If a city has adopted an ordinance in accordance with Subsection (1), the city maymake a ground transportation service provider's access to provide ground transportation serviceto an airport conditional pending completion of a criminal background check under this section.
(ii) If a criminal background check discloses that a ground transportation serviceprovider failed to disclose accurately a criminal history, the city may deny or, if conditionallygiven, immediately terminate the ground transportation service provider's right to provide groundtransportation service to an airport.
(iii) If a ground transportation service provider accurately disclosed the relevant criminalhistory and the criminal background check discloses that the ground transportation serviceprovider has been convicted of a crime that indicates a potential risk for the safety or well-beingof the patrons or employees of the airport under the city's authority, the city may deny or, ifconditionally given, immediately terminate the ground transportation service provider's right toprovide ground transportation service to an airport.
(3) Each city that requests a criminal background check under Subsection (1) shallprepare criteria for which criminal activity will preclude ground transportation service to theairport and shall provide written notice to the ground transportation service provider who is thesubject of the criminal background check that the background check has been requested.
(4) The legislative body of a city may by a majority vote of its members overrule adecision made by the mayor or a city employee establishing the criteria for precluding the right ofa ground transportation service provider under Subsection (3).
Enacted by Chapter 137, 2006 General Session