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PRINTER'S NO. 679
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
613
Session of
2019
INTRODUCED BY MENSCH, APRIL 30, 2019
REFERRED TO FINANCE, APRIL 30, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in administrative organization, repealing
provisions relating to employees with access to Federal tax
information and providing for criminal history background
checks of employees and contractors with access to Federal
tax information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 225 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is repealed:
[Section 225. Employes with Access to Federal Tax
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Information.--(a) As required under any Federal law, regulation
or published guidance from the Internal Revenue Service, an
employe or prospective employe whose duties and responsibilities
require or will require access to Federal tax information shall
submit all of the following to the employe's or prospective
employe's employer:
(1) A report of Federal criminal history record information.
(2) A report of criminal history record information from the
Pennsylvania State Police as provided under 18 Pa.C.S. Ch. 91
(relating to criminal history record information) or a statement
from the Pennsylvania State Police that the Pennsylvania State
Police central repository contains no information relating to
the individual. The criminal history record information shall be
limited to that which is disseminated under 18 Pa.C.S. § 9121(b)
(2) (relating to general regulations).
(3) Validation of the employe's or prospective employe's
eligibility to legally work in the United States.
(b) For the purpose of complying with subsection (a)(1), an
employe or prospective employe shall provide fingerprints to the
Pennsylvania State Police, its agent or an agent approved for
fingerprinting by the Federal Government. The fingerprints may
be used by the Pennsylvania State Police to conduct a criminal
background check and shall be forwarded to the Federal Bureau of
Investigation for a national criminal background check.
(c) (1) Except as provided under paragraph (2), information
relating to an employe or prospective employe submitted to or
obtained by an employer or prospective employer under this
section shall be interpreted and used only to determine the
employe's or prospective employe's character, fitness and
suitability to access Federal tax information.
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(2) An employer may utilize information obtained under this
section for employment decisions, including hiring of an
applicant, promotion of a current employe or disciplinary action
against an employe regarding a position that requires access to
Federal tax information.
(3) An employer may receive and retain information
consistent with this section that is otherwise protected under
18 Pa.C.S. Ch. 91, subject to any requirements related to
redaction as specified in 18 Pa.C.S. § 9121(b)(2).
(d) An individual who has been cleared to access Federal tax
information under this section shall reapply for clearance under
subsections (a) and (b) within ten years of the issuance of the
prior clearance unless the employer participates in a program
exempting employes from clearance.
(e) A Commonwealth agency receiving Federal tax information
that transfers the Federal tax information to any other entity
except as it involves a Federal or State court or the Board of
Finance and Revenue as part of a legal proceeding before the
same may audit that entity to determine compliance with this
section.
(f) The Department of Revenue shall publish guidelines to
implement this section.
(g) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Employer." Any Commonwealth agency, office, department,
authority, board, multistate agency or commission of the
executive branch, an independent agency or State-affiliated
entity, political subdivision or a contractor thereof, receiving
Federal tax information, even though the Federal tax information
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may be forwarded to another Commonwealth agency, political
subdivision or contractor, from any of the following:
(1) The Internal Revenue Service.
(2) The Social Security Administration.
(3) Under section 6103 of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 6103).
(4) By exchange agreement approved by the Internal Revenue
Service.
(5) Any other secondary source.
"Federal tax information." Includes any "return" or "return
information" as defined in section 6103 of the Internal Revenue
Code of 1986.]
Section 2. The act is amended by adding a section to read:
Section 226. Criminal History Background Checks of Employes
and Contractors with Access to Federal Tax Information.--(a) An
agency shall require any current or prospective employe or
contractor whose duties and responsibilities require, or will
require, access to Federal tax information to submit to a
criminal history background check to be conducted by the
Pennsylvania State Police. A current or prospective employe or
contractor shall submit fingerprints and other identifying
information to the Pennsylvania State Police. An individual who
refuses to comply with this subsection will not be considered
suitable to access Federal tax information for purposes of
subsection (c).
(b) When a criminal history background check is requested
under subsection (a), the Pennsylvania State Police, or its
designee, shall do all of the following:
(1) Provide the agency with a report of the individual's
criminal history record information as defined by 18 Pa.C.S. §
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9102 (relating to definitions) or a statement that the
Pennsylvania State Police central repository contains no
information relating to the individual. The criminal history
record information shall be limited to that which is
disseminated under 18 Pa.C.S. § 9121(b)(2) (relating to general
regulations).
(2) Submit the individual's fingerprints to the Federal
Bureau of Investigation for a national criminal history records
check.
(3) Provide the agency with the national criminal history
record information of the individual. The information provided
under this subsection may not be limited by 18 Pa.C.S. § 9121(b)
(2).
(c) Information relating to a current or prospective employe
or contractor submitted to or obtained by an agency under this
section shall be interpreted and used only to determine the
individual's character, fitness and suitability to access
Federal tax information. If an agency determines an individual
is not suitable to access Federal tax information, the agency
shall take appropriate action, including:
(1) declining to hire or utilize the services of the
individual;
(2) transferring the individual to a position that does not
require access to Federal tax information; or
(3) terminating the individual's employment.
(d) An agency may receive and retain information consistent
with this section that is otherwise protected under 18 Pa.C.S.
Ch. 91 (relating to criminal history record information),
subject to any requirements related to redaction as specified in
18 Pa.C.S. § 9121(b)(2) with respect to information described in
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subsection (b)(1). All information received and retained by an
agency in accordance with this section shall be marked as
confidential and shall be excluded from any requirement of
public disclosure as a public record.
(e) An individual who has been determined suitable to access
Federal tax information under this section shall resubmit to a
criminal history background check under subsections (a) and (b)
within ten years of the individual's last check under this
section, unless the agency participates in a program exempting
employes from clearance.
(f) An agency receiving Federal tax information that
transfers the Federal tax information to any other entity except
as it involves a Federal or State court or the Board of Finance
and Revenue as part of a legal proceeding before the same may
audit that entity to determine compliance with this section.
(g) The Department of Revenue may publish guidelines to
implement this section.
(h) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Agency." A Commonwealth agency, office, department,
authority, board or commission of the executive branch or a
political subdivision receiving Federal tax information, even
though the Federal tax information may be forwarded to the
agency from or through any of the following:
(1) The Internal Revenue Service.
(2) The Social Security Administration.
(3) A permitted disclosure under section 6103 of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
6103).
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(4) By exchange agreement approved by the Internal Revenue
Service.
(5) Any other secondary source.
"Contractor." An individual who is not an employe of an
agency and performs work functions for an agency under the terms
of a written agreement, regardless of whether the written
agreement is directly with the agency or a third party.
"Federal tax information." Includes any "return" or "return
information" as defined in section 6103 of the Internal Revenue
Code of 1986.
Section 3. This act shall take effect in 60 days.
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