3938

VETOES

BE GUILTY OF PERJURY AND UPON CONVICTION IS SUBJECT TO THE
PENALTY PROVIDED BY LAW.

5-567.

(A)  THE FOLLOWING PERSONS OR AGENCIES SHALL BE IMMUNE FROM
CIVIL OR CRIMINAL LIABILITY IN CONNECTION WITH THE CONDUCTING OF
A CRIMINAL BACKGROUND INVESTIGATION UNDER THIS PART VI:

(1)  AN EMPLOYER THAT IN GOOD FAITH RELIES ON A
CRIMINAL BACKGROUND INVESTIGATION TO DENY OR TERMINATE AN
INDIVIDUAL'S EMPLOYMENT OR PARTICIPATION IN A FACILITY;

(2)  A STATE OR LOCAL AGENCY THAT IN GOOD FAITH RELIES
ON A CRIMINAL BACKGROUND INVESTIGATION OF AN EMPLOYER TO DENY,
SUSPEND, OR REVOKE LICENSURE, REGISTRATION, OR CERTIFICATION OF A
FACILITY; AND

(3)  A STATE OR LOCAL AGENCY THAT IN GOOD FAITH
PARTICIPATES IN THE MAKING OF A CRIMINAL BACKGROUND INVESTIGATION
OF AN EMPLOYEE OR EMPLOYER.

(B)  THE FAILURE OF AN EMPLOYER TO REQUIRE A CRIMINAL
BACKGROUND INVESTIGATION OF AN INDIVIDUAL WHEN NOT MANDATED UNDER
THIS PART VI, MAY NOT GIVE RISE TO CIVIL OR CRIMINAL LIABILITY ON
THE PART OF THE EMPLOYER FOR FAILURE TO CONDUCT A CRIMINAL
BACKGROUND INVESTIGATION.

5-568.

ON OR BEFORE AUGUST 15, 1986, THE SECRETARY SHALL:

(1)  PROVIDE FOR THE ADOPTION OF A SPECIFIED FORM OR
FORMS TO BE USED IN APPLYING FOR THE CRIMINAL BACKGROUND
INVESTIGATION TO BE ISSUED BY THE DEPARTMENT, INCLUDING AN
APPROPRIATE DISCLOSURE STATEMENT;

(2)  DESIGNATE THE APPROPRIATE STATE OR LOCAL LAW
ENFORCEMENT OFFICES IN THE STATE, OR OTHER APPROVED LOCATIONS,
WHERE FINGERPRINTS MAY BE OBTAINED AND APPLICATION FOR A CRIMINAL
BACKGROUND INVESTIGATION MAY BE MADE; AND

(3)  ADOPT RULES AND REGULATIONS NECESSARY AND
REASONABLE TO ADMINISTER THIS PART VI OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That the provisions
of this Act are prospective and shall apply only to an employee
who is initially employed on or after October 1, 1986 and to an
employer who operates a facility on or after October 1, 1986.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.