This text of Indiana § 10-13-3-38.5 (Use of fingerprints for employment or license; retention of fingerprints;
requirement to submit to fingerprint background check based on access
to confidential tax information) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)Under federal P.L.92-544 (86 Stat.
1115), the department may use an individual's fingerprints submitted
by the individual for the following purposes:
(1)Determining the individual's suitability for employment with
the state, or as an employee of a contractor of the state, in a
position:
(A)that has a job description that includes contact with, care of,
or supervision over a person less than eighteen (18) years of
age;
(B)that has a job description that includes contact with, care of,
or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the
standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);
(C)at a state institution managed by the office of the secretary
of family and social services or India
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5. (a) Under federal P.L.92-544 (86 Stat.
1115), the department may use an individual's fingerprints submitted
by the individual for the following purposes:
(1) Determining the individual's suitability for employment with
the state, or as an employee of a contractor of the state, in a
position:
(A) that has a job description that includes contact with, care of,
or supervision over a person less than eighteen (18) years of
age;
(B) that has a job description that includes contact with, care of,
or supervision over an endangered adult (as defined in IC 12-10-3-2), except the individual is not required to meet the
standard for harmed or threatened with harm set forth in IC 12-10-3-2(a)(3);
(C) at a state institution managed by the office of the secretary
of family and social services or Indiana department of health;
(D) at the Indiana School for the Deaf established by IC 20-22-2-1;
(E) at the Indiana School for the Blind and Visually Impaired
established by IC 20-21-2-1;
(F) at a juvenile detention facility;
(G) with the Indiana gaming commission under IC 4-33-3-16;
(H) with the department of financial institutions under IC 28-11-2-3; or
(I) that has a job description that includes access to or
supervision over state financial or personnel data, including
state warrants, banking codes, or payroll information pertaining
to state employees.
(2) Determining the individual's suitability for employment with
state or local government, or as an employee of a contractor of
state or local government, in a position in which the individual's
duties include access to confidential tax information obtained
from the United States Internal Revenue Service under Section
6103(d) of the Internal Revenue Code or from an authorized
secondary source.
(3) Identification in a request related to an application for a
teacher's license submitted to the department of education
established by IC 20-19-3-1.
(4) Use by the gaming commission established under IC 4-33-3-1
for licensure of a promoter (as defined in IC 4-33-22-6) under IC 4-33-22.
(5) Use by the Indiana board of pharmacy in determining the
individual's suitability for a position or employment with a
wholesale drug distributor, as specified in IC 25-26-14-16(b), IC 25-26-14-16.5(b), IC 25-26-14-17.8(c), and IC 25-26-14-20.
(6) Identification in a request related to an individual applying for
or renewing a license or certificate described in IC 25-1-1.1-4 and
a conviction described in IC 25-1-1.1-2 or IC 25-1-1.1-3.
An applicant shall submit the fingerprints in an appropriate format or
on forms provided for the employment, license, or certificate
application. The department shall charge each applicant the fee
established under section 28 of this chapter and by federal authorities
to defray the costs associated with a search for and classification of the
applicant's fingerprints. The department may forward fingerprints
submitted by an applicant to the Federal Bureau of Investigation or any
other agency for processing. The state personnel department, the
Indiana professional licensing agency, or the agency to which the
applicant is applying for employment or a license may receive the
results of all fingerprint investigations.
(b) An applicant who is an employee of the state may not be charged
under subsection (a).
(c) Subsection (a)(1) does not apply to an employee of a contractor
of the state if the contract involves the construction or repair of a
capital project or other public works project of the state.
(d) Each current or new state or local government employee whose
duties include access to confidential tax information described in
subsection (a)(2) must submit to a fingerprint based criminal history
background check of both national and state records data bases before
being granted access to the confidential tax information. In addition to
the initial criminal history background checks, each state or local
government employee whose duties include access to confidential tax
information described in subsection (a)(2) must submit to such
criminal history background checks at least once every five (5) years
thereafter. The appointing authority of such a state or local government
employee may pay any fee charged for the cost of fingerprinting or
conducting the criminal history background checks for the state or local
government employee. Only the state or local government agency in its
capacity as the individual's employer or to which the applicant is
applying for employment is entitled to receive the results of all
fingerprint investigations.
(e) Each current or new contractor or subcontractor whose contract
or subcontract grants access to confidential tax information described
in subsection (a)(2) must submit to a fingerprint based criminal history
background check of both national and state records data bases at least
once every five (5) years before being granted access to the
confidential tax information. Only the state or local government agency
is entitled to receive the results of all fingerprint investigations
conducted under this subsection.
(f) Each contract entered into by the state in which access to
confidential tax information described in subsection (a)(2) is granted
to a contractor or a subcontractor shall include:
(1) terms regarding which party is responsible for payment of any
fee charged for the cost of the fingerprinting or the criminal
history background checks; and
(2) terms regarding the consequences if one (1) or more
disqualifying records are discovered through the criminal history
background checks.
(g) The department:
(1) may permanently retain an applicant's fingerprints submitted
under this section; and
(2) shall retain the applicant's fingerprints separately from
fingerprints collected under section 24 of this chapter.