26-103. Department of emergency and military affairs employees; fingerprints; exemptions; definition

A. Employees shall submit the form prescribed in subsection D of this section to the department and, except as provided in subsection C of this section, shall submit a full set of fingerprints to the department of emergency and military affairs and the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

B. The department of emergency and military affairs may not disclose information obtained pursuant to subsection A of this section except to members of the department's staff solely for employment purposes.

C. A member of the national guard or an employee who holds a current security clearance pursuant to national guard laws and regulations is exempt from the fingerprinting requirements of subsection A of this section.

D. An employee shall certify on a form that is provided by the department of emergency and military affairs and notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.03, subsections B and C in this state or a similar offense in another state or jurisdiction.

E. The department of emergency and military affairs shall not allow a person to be employed on any national guard reservation or facility in any capacity if the person has not submitted a full set of fingerprints to the department of emergency and military affairs and the department of public safety within the first three days of employment for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.

F. For the purposes of this section, " employee" means any person who works for the department of emergency and military affairs or any subdivision of the department of emergency and military affairs.