State Law Changes

April 8, 2009 Update

Child Support Enforcement Law

Alabama’s definition of “support” is revised to clarify that any arrearage that accrued during a child's years of minority is included in an order for support, and to provide further for the income withholding order. Orders for support include current support of a minor child; current medical support; arrearage accrued due to unpaid child or medical support during the child’s minority, plus interest that has accrued or continues to accrue on the arrearage; and spousal support when collected by the Department of Human Resources or the department’s designee under the requirements of Title IV-D of the Social Security Act. Section 30-3-60, as amended by H. 142, L. 2009, effective March 25, 2009, at AL ¶1-5500.

Preemployment Inquiries Law

Refusing to hear additional challenges to Arizona's employer sanctions law, the Ninth Circuit denied a petition for panel rehearing and rehearing en banc, deciding to affirm its prior ruling that the law, which suspends and revokes the business licenses of employers that intentionally or knowingly employ workers who are unauthorized to work in the United States, is facially constitutional (CPLC v Napolitano, 9thCir, March 9, 2009).

Child Labor Law

Arkansas law prohibits employing those under age 21 to sell, transport or handle alcoholic beverages but provides exceptions for youth ages 18 and over and 19 and over to handle and sell alcoholic beverages in certain retail and wholesale establishments with the written consent of a parent or guardian. This law has been amended to stipulate that, in addition to other fines, the unauthorized employment of a minor is a Class A permit violation. Sections 3-3-204 and 3-4-403 are amended by Act 294 (S.B. 121), L. 2009, effective March 3, 2009. AR ¶4-1500 .

Health Insurance Benefit Coverage Law

Insurance policies covering prescription drugs generally may not limit coverage of an FDA-approved drug used in cancer treatment because it has not been approved by the FDA for the specific type of cancer for which it is prescribed. The drug, however, must meet certain standards, which were recently revised (Sec. 23-79-147, as amended by Act 270 (H. 1363) L. 2009, enacted February 26, 2009, at AR ¶4-4000).

Military and Emergency Services Leave Law

Active members of the state retirement system called to active military duty are to be afforded all employment protections as provided under the federal Uniformed Employment and Reemployment Rights Act as in effect on January 1, 2009. Employer contributions must be paid for the state retirement system member's period of active military duty by the member's last retirement system employer immediately before the member's active duty. In order to receive retirement credit in the state retirement system for the time spent on active duty, a member covered by the contributory provisions of the member's state retirement system, who returns from active military duty to either the same or a different covered employer, must pay into the state retirement system the employee contributions that would have been otherwise paid into the system by the member as though the member had never left service. Section 24-2-504, added by Act 295 (S. 128), L. 2009, effective March 3, 2009, at AR ¶4-7200.

Wage Payment Law

The Arkansas Association of Correctional Employees Trust dues and the Department of Correction Bus Pool dues, when either is requested in writing by the employee, are authorized payroll deductions from state employee payrolls. State agencies must deduct the dues from the payroll of the employee and remit the dues to the organization (Section 19-4-1602, amended by Act 368 (H. 1422), L. 2009, enacted March 10, 2009, with effective date pending (90 days after adjournment of the state legislature), at AR ¶4-1200).

Health Insurance Benefit Coverage Law

The Ninth Circuit will not rehear a September 2008 decision by a three-judge panel that San Francisco's health care ordinance, which requires covered employers to make minimum health care expenditures for their employees, was not preempted by ERISA. Eight members of the appeals court dissented, claiming the decision was in conflict with other appellate court decisions, which raises the possibility that the case could end up before the Supreme Court. In fact, the Golden Gate Restaurant Association, the plaintiff group that challenged the ordinance, has indicated it would now finalize the plan to move forward to the US Supreme Court (Golden Gate Restaurant Assn v City and County of San Francisco, 9thCir, March 9, 2009).

Preemployment Inquiries Law

A person with an unsatisfactory criminal history background check determination may not serve as a director of a licensed children's transition care center, or an employee, if it is determined that such person has a criminal record involving certain enumerated crimes, including felonies and other crimes involving minors. Prior to serving as an employee (other than a director), a person must submit a preliminary record check application and receive a satisfactory determination. Provided however, should there be an unsatisfactory determination, the person must submit to a fingerprint record check and get a satisfactory determination or be determined eligible to be employed by the center as a result of an administrative hearing (As added to Ga CompR&Regs, Sec. 290-2-6.05, and effective February 16, 2009, at GA ¶11-9000).

No Updates as of April 8, 2009

Preemployment Inquiries Law

The Illinois "Right to Privacy in the Workplace Act," a law that effectively prohibits employers in the state from enrolling in the federal government's E-Verify program, conflicts with the federal Illegal Immigration Reform and Immigrant Responsibility Act because it improperly dictates to Congress speed and accuracy standards that the program must meet, held a federal district court in Illinois. The state law frustrates Congress's purpose of making the program available to all employers, and is invalid under the Supremacy Clause, the court determined. Thus, it permanently enjoined the state from enforcing the measure (United States v Illinois, CDIll, March 12, 2009, at IL ¶14-9000).

Minimum Wage Law

The living wage rate for Bloomington, Indiana, for 2009 is $11.25 per hour. The city and all covered employers who are beneficiaries of assistance from the city either in the form of a service contract or subcontract or a subsidy are subject must pay all covered employees (includes part-time, share time, temporary, and full-time, but not tipped employees) a living wage, of which up to 15 percent ($1.69 for year 2009) may be in the form of the covered employer's contribution to health insurance. For covered tipped employees, the living wage is the living wage for other covered employees minus 10 percent of the annual sales for the employer prorated on an hourly basis per employee (IN ¶15-1000).

Marital Status Discrimination Law

The Iowa state statute limiting civil marriage to a union between a man and a woman violates the equal protection clause of Iowa Constitution, the Iowa Supreme Court has ruled, upholding a 2007 decision of a district court. The decision, which becomes effective 21 days from the decision of April 3, 2009, strikes the language from Iowa Code Sec. 595.2 limiting civil marriage to a man and a woman. It further directs that the remaining statutory language be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage. (Varnum v Brien, Iowa SCt, No. 07–1499, April 3, 2009), at  IA ¶16-3200 and Iowa Sexual Orientation Discrimination Law at  IA ¶16-3100.

No Updates as of April 8, 2009

No Updates as of April 8, 2009

New Hire Reporting Law

Definitions of “Employee” and “Employer” are revised to include an individual or an employing unit subject to the state’s unemployment insurance and tax laws. The law is also amended to provide that upon hiring an employee, employers (including governmental entities) and labor organizations must notify the Department of Revenue of the hiring. The commissioner, by regulation, will prescribe the timing, form, and manner of the reports and the information to be provided in the reports, which may include disclosure of the existence of an outstanding child support order. All such reports must be part of the reporting systems. Also, the new hire reporting requirements and penalties for failure to comply shall apply to any entity electing to report new hire information to the Commonwealth pursuant to multi-employer provisions under federal law (42 U.S.C. Section 653a(b)(1)(B)). (Sections 1, 2 and 9 of Chapter 62E are amended and a new Section 2A is added by Ch. 4 (S.B. 11), L. 2009, effective October 1, 2009, at MA ¶22-1600.)

Unemployment Insurance Law

Employers must register with the division of unemployment assistance and submit a quarterly report, beginning with the calendar quarter ending December 31, 2009. The report must include a count of employees who worked or received wages, along with information as prescribed by the director for each employee, including: name, social security number, wages paid, hours worked, total amount of taxes withheld and the amount of wages upon which the withholding was based, the identification number assigned the employer by the division, the corresponding federal employer identification number and the identification number such employer is required to include on a withholding tax return. The director may require, by regulation, for the report to be submitted by electronic transmittal.

Employers who fail to file any required form or report within 15 days of demand may be assessed a penalty, based on workforce size, determined by the director, as follows: Workforce size 0-4, $25 penalty; workforce size 5-9, $100 penalty; workforce size 10-49, $250 penalty; workforce size 50-99, $500 penalty; workforce size 100-499, $1,000 penalty; and workforce size 500 and up, $2,500 penalty. The law also provides for interagency sharing of the information. (Section 14P is added to Chapter 151A by Ch. 4 (S. 11), L. 2009, effective July 1, 2009, at MA ¶22-1700.)

No Updates as of April 8, 2009

Minimum Wage Law

Effective April 1, 2009, the living wage rate for covered contracts in St. Louis will increase to $11.33 per hour when health benefits are provided and to $14.57 per hour when health benefits are not provided. For wages required under Chapter 6.20 of the Revised Code of the City of St. Louis, the minimum wage rate is $3.24 per hour. These rate increases are based on federal poverty level income guidelines, as defined in the Ordinance (130 percent of the federal poverty level income guidelines for a family of three), per Ordinance No. 65597. (Living Wage Adjustment Bulletin dated February 14, 2009) (MO ¶26-1000).

Wage Payment Law

Where an employee is discharged from employment because of an alleged theft of property or funds in connection with the employee’s work, the amount of wages equal to the value of the theft may be withheld from the final paycheck, if (a) an employee agrees in writing or (b) the employer files a report with local law enforcement within seven business days, provided certain conditions are met. If the employer fails to file a report, wages are due at the end of a 30-day period. If the employee is found not guilty, or if the employer withholds more than the value of the theft, the court may order the employer to pay the employee the amount withheld plus interest (Sections 39-3-204 and 39-3-205 are amended by H. 101, L. 2009, effective March 20, 2009, at MT ¶27-1200).

Wage Payment Law

The Department of Administrative Services may make payments that include, but are not limited to, wages and reimbursable expenses to state employees by electronic funds transfer or a similar means of direct deposit. For purposes of this section, state employee means any person or officer employed by the state who works a full-time or part-time schedule on an ongoing basis (Neb RevStatAnn, Sec. 81-1117.05; L. 167, L. 2009, enacted March 18, 2009, with effective date pending (laws generally take effect three months after adjournment of the state legislature) (NE ¶28-1200).

No Updates as of April 8, 2009

No Updates as of April 8, 2009

Preemployment Inquiries Law

No person may be a member of the paid or as a paid member of a part-paid fire department and force, unless he or she has not been convicted of any criminal offense involving moral turpitude. Consequently, each applicant must submit his or her name, address, fingerprints and written consent for a criminal history record background check to be performed. The applicant will bear the cost of the criminal history record background check, including all costs of administering and processing the check (NJ StatAnn, Sec. 40A:14-81.2, as amended by S.B. 1851, effective March 16, 2009, at NJ ¶31-9000).

Family, Medical and Parental Leave Law

Family and medical leave rules applicable to state employers provide that if a paid holiday occurs within a week of FMLA leave, the holiday is counted towards the FMLA entitlement. However, if an employee is using FMLA in increments less than one week, the holiday does not count against the employee’s FMLA entitlement unless the employee was otherwise scheduled and expected to work during the holiday. Employees will not accrue annual and sick leave, nor be paid for "observed" holidays, while on unpaid FMLA leave (NM AdminCode, Sec. 1.7.7.12, as amended effective January 27, 2009, at NM ¶32-7000).

Jury Duty and Court Attendance Leave Law

Employers must grant employees a leave of absence of up to 14 days, intermittent paid or unpaid, in any calendar year, for up to eight hours a day, to obtain an order of protection or other judicial relief from domestic abuse or to meet with law enforcement officials, to consult with attorneys or district attorneys' victim advocates, or to attend court proceedings related to the domestic abuse of the employee or an employee's family member. Employees may also use accrued sick leave or other available time off, compensatory time, or unpaid leave time consistent with the employer's policies. To the extent permitted by law, employers can not withhold pay, health insurance coverage, or other benefits accrued to the employee, and the employer can not take such leave time into consideration in calculating eligibility for benefits. Employees are to provide notice within 24 hours of taking such leave when taken in an emergency. Employers may require verification. Employees are also protected from retaliation in their exercise of the right to take domestic abuse leave. This law, which is not yet codified, is to be added to Chapter 50, Article 4 of the New Mexico Statutes Annotated (S. 68, L. 2009, effective July 1, 2009) at NM ¶32-7100.

Violence in the Workplace Law

“Stalking” consists of knowingly pursuing a pattern of conduct, without lawful authority, directed at a specific individual when the person intends that the pattern of conduct would place the individual in reasonable apprehension of death, bodily harm, sexual assault, confinement or restraint of the individual or another individual. A “pattern of conduct” is two or more acts, on more than one occasion, in which the alleged stalker by any action, method, device or means, directly, indirectly or through third parties, follows, monitors, surveils, threatens or communicates to or about a person. A person who commits the offense of stalking is guilty of a misdemeanor or, upon a second or subsequent conviction, a fourth degree felony. Additionally, the court shall order a person convicted of stalking to participate in and complete a program of professional counseling at the person's own expense or a domestic violence offender treatment or intervention program. Section 30-3A-3 is amended by S. 166, L. 2009, enacted March 20, 2009, and effective July 1, 2009, at NM ¶32-3300.

No Updates as of April 8, 2009

No Updates as of April 8, 2009

Health Insurance Benefit Coverage Law

Effective August 1, 2009, it will be an unfair practice in North Dakota to base the compensation of insurance claims employees (or contracted claims personnel) on the number of policies canceled; the number of times coverage is denied; a quota limiting or restricting the number or volume of claims; or an arbitrary quota or cap limiting or restricting the amount of claim payment without consideration to the merits of the claim. Performance bonuses and incentives are included (Sec. 26.1-04-03, as amended by S. 2104 (L. 2009), enacted March 19, 2009, at ND ¶35-4000).

Wage Payment Law

An employee may file a claim for wages due under the state’s wage collection or minimum wage and hour laws with the department not later than two years from the date the wages are due. This provision also provides that wages are due at each regular payday immediately following the work period during which wages were earned. (Section 34-14-09 is amended by H. 1099, L. 2009, enacted March 19, 2009, and effective August 1, 2009, at ND ¶35-1200.)

Minimum Wage Law

The Lucas County, Ohio, Board of Commissioners adopted a living wage policy that requires all businesses that (1) request public incentives from the Board and/or (2) receive a contact from the Board of $10,000 or more pay all employees a living wage and provide adequate healthcare coverage. The living wage policy will not apply to small business (employers with 25 employees or less for the purposes of contract with the Board of $10,000 or more or employers with 50 employees or less for the purposes of the award of public incentives); nonprofit employers; seasonal employees; or interns. Effective for year 2009, the living wage rates are $11.66 per hour if adequate healthcare coverage is provided or $13.78 per hour of adequate healthcare coverage is not provided (Resolution No. 09-203, adopted effective February 24, 2009; expires two years from date of passage unless otherwise resolved by the Board) at OH ¶36-1000.

Violence in the Workplace Law

An employee who was fired for violating his employer's policy against possessing firearms on company property after an unloaded gun was discovered under the front seat of his car could not maintain a claim for wrongful discharge in violation of public policy, the Sixth Circuit ruled. The employee argued that his discharge violated the public policy embodied in the state's constitution guaranteeing Ohio citizens the right to bear arms for their defense and security. Finding the employee's claim to be without merit, the court stated "Although the Ohio Constitution provides a general right to bear arms, the state certainly does not have a 'clear public policy' of allowing employees to possess firearms on the premises of their private employers." To the contrary, the court noted, Ohio law specifically gives employer the right to prohibit employees from possessing firearms anywhere on company property (Plona v United Parcel Service, Inc, 6thCir, March 6, 2009).

No Updates as of April 8, 2009

No Updates as of April 8, 2009

No Updates as of April 8, 2009

No Updates as of April 8, 2009

No Updates as of April 8, 2009

COBRA Law

Under South Dakota's current mini-COBRA law, insurers are not required to offer or renew a continuation or conversion policy to an individual in certain situations, such as when the person is covered for similar benefits by another policy, or where gross misconduct was the reason for the individual's termination from employment. Effective July 1, 2009, renewals also are not required if the group health insurance policy is terminated by an insurer as a result of the group not meeting an insurer's participation or eligibility requirements. Note that in such cases affected individuals need not meet the normal 12-month requirement for prior creditable coverage in order to become eligible for coverage under the state's risk pool insurance (SD S 19, enacted March 5, 2009, and effective July 1, 2009) at SD ¶43-4200.

Drug Testing Law

The commissioner of the Bureau of Personnel is required to establish and implement a drug screening program for applicants seeking positions in the Department of Agriculture, Wildland Fire Suppression Division, whose duties include firefighting. In addition, the commissioner may establish and implement a drug screening program for employees holding positions in the Department of Agriculture, Wildland Fire Suppression Division, whose duties include firefighting, based upon reasonable suspicion of illegal drug use by any employee (Sec. 1 and 5, as amended and added to Chapter 41-20 by S.B. 51, March 4, 2009, effective July 1, 2009) at SSD ¶43-8600.

Smoking in the Workplace Law

South Dakota has a new law to prohibit smoking tobacco or carrying lighted tobacco products in any public place or place of employment in South Dakota, including any enclosed area under the control of a public or private employer and any enclosed area to which the public is invited or in which the public is permitted. The law also requires that any person who owns, manages, operates, or controls a public place or place of employment inform persons who violate the law of the law. The smoking prohibition does not apply to the following: a private residence, unless the private residence is used for day care; sleeping rooms in a licensed hotel or lodging establishment, if the rooms are rented to guests and are posted as smoking rooms; business that generate 10% or more of its annual gross income from the sale of cigars; or any retail tobacco store that meets certain requirements. Violation of the law is a petty offense. New law is added to Chapter 34-46, by H. 1240, L. 2009, effective July 1, 2009. Not yet codified. In addition, existing statutes prohibiting smoking, Sections 22-36-2 through 22-36-4, are repealed effective July 1, 2009. SD ¶43-2700.

Violence in the Workplace Law

South Dakota has amended its carrying concealed weapons law to include any person who is active military with a home of record in South Dakota as qualifying for the residency requirements for temporary permits (SD CodifiedLaws, Sec. 23-7-7.1, as amended by S.B. 33, effective July 1, 2009) at SD ¶43-3300.

Also, any person, other than a law enforcement officer or parole agent acting under color of authority, who: (1) carries a concealed pistol or revolver, loaded or unloaded, without a permit; or (2) carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit, is guilty of a Class 1 misdemeanor (Sec. 22-14-9, as amended by S.B. 108, enacted effective July 1, 2009.).

Permits must list the applicant's name, address, and the expiration date of the permit. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property (23-7-8.1, as amended by S.B. 108, effective July 1, 2009, at SD ¶43-3300).

No Updates as of April 8, 2009

No Updates as of April 8, 2009

Fair Employment Practices Law

Utah has enacted the Protection of Activities in Private Vehicles law, which provides that a person (including any employer) may not establish or enforce a policy or rule that has the effect of prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion (Sec. 34-45-103(1)(b), as added by S. 78, L. 2009, effective May 12, 2009, at UT ¶46-2500).

Health Insurance Benefit Coverage Law

Utah businesses with construction or design contracts of at least $1.5 million (or subcontracts of at least $750,000) with specified state entities must offer qualified health insurance coverage to eligible employees and their dependents for the duration of the contracts. The requirement applies to contracts entered into on or after July 1, 2009 (Secs. 17B-2a-818.5, 19-1-206, 63-34-22, 63C-9-403, and 72-6-107.5 as added by, and Sec. 63A-5-205 as amended by, H. 331, L. 2009, enacted March 11, 2009, at UT ¶46-4000).

Preemployment Inquiries Law

Utah law requires public employers and contractors, beginning July 1, 2009, to register and use a Status Verification System to verify the federal employment authorization status of new employees. This law, the “Identity Documents and Verification Act” (Sections 63G-11-101 through 63G-11-104, enacted by S.B. 81, L. 2008), is amended to define a covered “contract” as an agreement for the procurement of goods or services that is awarded through a request for proposals process with a public employer and includes a sole source contract. Also, “trade union” is removed from the definition of “contractor,” which is defined to mean, under this law, a subcontractor, contract employee, staffing agency, or any contractor regardless of its tier. Section 63G-11-103 is amended by S.B. 39, L. 2009, effective July 1, 2009. Technical corrections are also made, at UT ¶46-9000.

Violence in the Workplace Law

Under Utah’s new Protection of Activities in Private Vehicles law, a person (including any employer) may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if: (1) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm; (2) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and (3) the firearm is not in plain view from the outside of the motor vehicle. (Sec. 34-45-103(1), as added by S. 78, L. 2009, effective May 12, 2009, at UT ¶46-3300).

No Updates as of April 8, 2009

Child Labor Law

Virginia’s law prohibiting the employment of minors as a driver or helper on a truck or commercial vehicle of more than two axles has been amended to prohibit employment as a driver or helper on an automobile, truck or commercial vehicle. It provides an exemption to permit a minor who is at least 17 years of age to drive automobiles or trucks on public roadways if certain conditions are met, including requirements that the vehicle's gross weight not exceed 6,000 pounds, the driving occur in daylight hours, and the driving occur within 30 miles of the place of employment. Section 40.1-100 is amended by Ch. 218 (H. 2495), L. 2009, effective July 1, 2009, at VA  ¶48-1500.

Smoking in the Workplace Law

Effective December 1, 2009, smoking will be banned in most restaurants and bars, except for private clubs and restaurants with a designated smoking room that is physically separated and independently ventilated from non-smoking dining areas. In addition, proprietors can not require wait or bus staff to work in any area of the restaurant where smoking may be permitted. Also, restaurants that choose to have a separated structure for smoking must ensure that at least one public entrance to the restaurant is in a smoke-free area. This law will replace and expand on smoking restrictions already in place under the state’s Indoor Clean Air Act. Chapter 28 of Title 15.2 is repealed and a new Chapter 28.2 is added to Title 15.2, by Ch. 153 (H. 1703) and Ch. 154 (S. 1105), L. 2008, at VA  ¶48-2700.

Violence in the Workplace Law

Virginia law forbids its localities from adopting or enforcing any ordinance, resolution or motion governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof, other than expressly authorized by state law. But the law specifically does not prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce (Sec. 15.2-915, as amended by S. 1513, L. 2009, at VA  ¶48-3300).

No Updates as of April 8, 2009

Minimum Wage Law

The Department of Workforce Development has revised its Minimum Wage Orders under Chapter DWD 272 of the Wisconsin Administrative Code to increase the state minimum wage to $7.25 per hour effective July 24, 2009, for adult and minor employees. The minimum wage for agricultural employees is also increased to $7.25 per hour. In addition, allowance for board and lodging where both are furnished by the employer and accepted and received by an employee will also increase on July 24, 2009, to allow an allowance not to exceed lodging of up to $58.00 per week or $8.30 per day and meals of up to $87.00 per week or $4.15 per meal. Rates and allowances for opportunity employees remains unchanged, at $5.90 per hour for the minimum wage and allowances for lodging of $47.20 per week or $6.75 per day and for meals $78.00 per week or $3.35 per meal. Increased weekly wages for camp counselors will also increase July 24, 2009. Wisconsin Administrative Code, Chapter DWD 272, revised, Wisconsin Register February 2009, No. 638, at WI ¶51-1000.

Health Insurance Benefit Coverage Law

A new law in Wyoming will help avoid the conflict of interest that occurs when a carrier responsible for providing health care benefits has the discretionary authority to decide what benefits are due. Effective July 1, 2009, health insurance benefit contracts that are not subject to the Employee Retirement Income Security Act (ERISA) may not include a provision giving the health carrier discretion to interpret the contract terms, or to provide standards of interpretation or review that are inconsistent with state law. Health insurance benefit contracts that are subject to ERISA may still contain a discretionary clause; however, they are subject to new disclosure requirements (Sec. 26-13-304, as added by Ch. 105 (S. 62), L. 2009, enacted March 2, 2009, at WY ¶52-4000).

Preemployment Inquiries Law

The following persons must submit to fingerprinting in order to obtain state and national criminal history record information: effective February 26, 2009, Wyoming retirement system employees or applicants for employment who have access to confidential financial information or records. Fingerprints taken must be submitted to the Division of Criminal Investigation for processing and obtaining state and national criminal history record information and must be accompanied by the required fee. The division may submit any applicant fingerprint cards to the FBI for the purpose of obtaining national criminal history record information (Wy Stat, Sec. 7-19-201, as amended by Ch. 72 (H.B. 0241), L. 2009, effective February 26, 2009). Criminal history record information may be disseminated by criminal justice agencies only to specified individuals and entities, including the Wyoming retirement system (Wy Stat, Sec. 7-19-106(a), as amended by Ch. 72 (H.B. 0241), L. 2009, effective February 26, 2009, at WY ¶52-9000).