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  • NJ A4994
  • Requires certain State and local government agency employees with access to federal tax information to undergo criminal history background checks.
Introduced
(6/12/2017)
In Committee
(6/19/2017)
Crossed Over
(6/22/2017)
Passed
(6/29/2017)
Signed
(7/21/2017)
Dead/Failed/Vetoed
2016-2017 Regular Session
This bill requires certain State and local government agency employees with access to federal tax information to undergo criminal history background checks in order to comply with recent updates to tax information security guidelines for federal, state, and local agencies that have been adopted by the federal Internal Revenue Service under its Safeguards Program. Under the bill, a State or local government agency that obtains federal tax information is required to have criminal history record background checks conducted for any individual employed by that agency or employed or utilized by a contractor of that agency who has been identified by the agency as being authorized to have access to federal tax information. The bill requires a follow-up criminal history record background check to similarly be conducted at least once every ten years for those individuals who are employed by a State or local government agency or employed or utilized by a contractor of that agency as a condition of having continued access to federal tax information. The bill requires each individual that has been determined by a State or local government agency to require a criminal history record background check to submit to the agency that individual's name, address, and fingerprints taken by a State or municipal law enforcement agency or by a private entity under contract with the State. The bill requires these fingerprints to be submitted to the Superintendent of State Police for a criminal history record background check to be performed, and directs the superintendent to compare the fingerprints with fingerprints on file with the Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation. The bill permits a State or local government agency to authorize an individual employed by that agency or employed or utilized by a contractor of that agency to have access to federal tax information if the individual's criminal history record background check does not reveal a record of conviction of any of the following crimes or offenses: (1) in New Jersey, any crime or disorderly persons offense: (a) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or (b) involving forgery or fraudulent practices as set forth in chapter 21 of Title 2C of the New Jersey Statutes; or (2) in any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described above. The bill requires an individual to be disqualified from having access to federal tax information if that individual's criminal history background check reveals a record of conviction of any of those previously specified crimes or offenses, unless the individual has affirmatively demonstrated to the agency clear and convincing evidence of the individual's rehabilitation. The bill provides that if a prospective employee or individual employed or utilized by a contractor refuses to consent to the securing of a criminal history record background check, the State or local government agency is prohibited from employing or utilizing that person in a position for which access to federal tax information is required. If a current employee of a State or local government agency refuses to consent to the check, the employing agency shall terminate that employee's access to federal tax information and may remove that employee from any position requiring such access, but shall make a reasonable effort to retain that individual as an employee in another position within the agency that does not require access to federal tax information and for which the current employee is qualified. The bill provides that the cost of a criminal history record background check is to be borne by the State agency in the case of a current or prospective employee of the State agency, and may be borne by the local government agency or by the current or prospective employee in the case of a current or prospective employee of a local government agency. The bill specifies that the cost of a check is not to be borne by the State or local government agency in the case of an individual employed or utilized by a contractor. The bill requires a State or local government agency whose employees' job duties require access to federal tax information to establish a policy for background investigations applicable to current and prospective employees and individuals employed or utilized by contractors. The bill is scheduled to take effect immediately upon enactment.
2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Passed Assembly, Passed both Houses
Approved P.L.2017, c.179.  (on 7/21/2017)
 
 
Date Chamber Action Description
7/21/2017 S Approved P.L.2017, c.179.
6/29/2017 S Passed Senate (Passed Both Houses) (35-0)
6/29/2017 S Substituted for S3314
6/22/2017 S Received in the Senate without Reference, 2nd Reading
6/22/2017 A Passed by the Assembly (75-0-0)
6/19/2017 Assembly Appropriations Hearing (19:00 6/19/2017 Revised 6/16/17 - A2167 and A4586 have been added. In addition t)
6/19/2017 A Reported from Assembly Comm. as a Substitute, 2nd Reading
6/19/2017 Assembly Appropriations Hearing (19:00 6/19/2017 )
6/12/2017 A Introduced, Referred to Assembly Appropriations Committee
Date Motion Yea Nay Other
Detail 6/29/2017 Senate Floor: Third Reading - Final Passage 35 0 5
Detail 6/29/2017 Senate Floor: Substitute For S3314 (Voice Vote) 0 0 0
Detail 6/22/2017 Assembly Floor: Third Reading - Final Passage 75 0 5
Detail 6/19/2017 Assembly Appropriations Committee: Reported Favorably 11 0 0