§ 241. Background investigations
(a) “Federal tax information” or “FTI” means returns and return information as defined
in 26 U.S.C. § 6103(b) that are received directly from the Internal Revenue Service or obtained through
an IRS-authorized secondary source, that are in the Recipient’s possession or control,
and that are subject to the confidentiality protections and safeguarding requirements
of the Internal Revenue Code and corresponding federal regulations and guidance.
(b) As used in this chapter, “Recipient” means the following authorities of the Executive
Branch of State government that receive FTI:
(1) Agency of Human Services, including:
(A) Department for Children and Families;
(B) Department of Health;
(C) Department of Mental Health; and
(D) Department of Vermont Health Access.
(2) Department of Labor.
(3) Department of Motor Vehicles.
(4) Department of Taxes.
(5) Agency of Digital Services.
(6) Department of Buildings and General Services.
(c)(1) The Recipient shall conduct an initial background investigation of any individual,
including a current or prospective employee, volunteer, contractor, or subcontractor,
to whom the Recipient will permit access to FTI for the purpose of assessing the individual’s
fitness to be permitted access to FTI.
(2) The Recipient shall, at least every 10 years, conduct a periodic background reinvestigation
of any employee, volunteer, contractor, or subcontractor to whom the Recipient permits
access to FTI.
(3) The impact of the results of a background investigation performed pursuant to subdivision
(1) of this subsection shall be the subject of impact bargaining between the State
and the collective bargaining representative for the employee’s bargaining unit to
the extent required by any collective bargaining agreements between the parties.
(d) The Recipient shall request and obtain from the Vermont Crime Information Center (VCIC)
the Federal Bureau of Investigation and State and local law enforcement criminal history
records based on fingerprints for the purpose of conducting a background investigation
under this section.
(e) The Recipient shall sign and keep a user agreement with the VCIC.
(f) A request made under subsection (d) of this section shall be accompanied by a release
signed by the individual on a form provided by the VCIC, a set of the individual’s
fingerprints, and a fee established by the VCIC that shall reflect the cost of obtaining
the record. The fee for a current or prospective employee shall be paid by the Recipient.
The release form to be signed by the individual shall include a statement informing
the individual of:
(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant
to rules adopted by the Commissioner of Public Safety; and
(2) the Recipient’s policy regarding background investigations and the maintenance and
destruction of records.
(g) Upon completion of a criminal history record check under subsection (d) of this section,
the VCIC shall send to the Recipient either a notice that no record exists or a copy
of the record. If a copy of a criminal history record is received, the Recipient shall
forward it to the individual and shall inform the individual in writing of:
(1) the right to challenge the accuracy of the record by appealing to the VCIC pursuant
to rules adopted by the Commissioner of Public Safety; and
(2) the Recipient’s policy regarding background investigations and the maintenance and
destruction of records.
(h) Criminal history records and information received under this chapter are exempt from
public inspection and copying under the Public Records Act and shall be kept confidential
by the Recipient, except to the extent that federal or State law authorizes disclosure
of such records or information to specifically designated persons.
(i) The Recipient shall adopt policies in consultation with the Department of Human Resources
to carry out this chapter and to guide decisions based on the results of any background
investigation conducted under this chapter. (Added 2017, No. 73, § 11, eff. June 13, 2017; amended 2019, No. 58, § 1.)