Covered organizations accept tax IDs or fingerprints for background checks

Covered organizations must accept an individual taxpayer identification number instead of a Social Security number for a background check. The rule covers non-job educational opportunities, including unpaid volunteer roles, internships, pre-apprenticeships, and clinical experience. It applies to specified schools, colleges, nonprofits, volunteer groups, and licensed or certified health providers; it does not cover jobs. Licensed or certified hospitals and covered schools may decline the tax ID and must accept a fingerprint-based check instead. For opportunities involving work with a vulnerable person, state colleges and local district colleges accept either a tax ID or fingerprint check, as they choose. A Social Security number may still be required for specified legal, grant, reimbursement, or financial-account reasons. The act applies to contracts entered into and background checks requested on or after its effective date.

Applicants who decline to provide a Social Security number must submit to a fingerprint-based criminal history check for specified opportunities. This applies to applicants who decline to provide their Social Security number for the listed non-job educational opportunities. This applies at licensed or certified hospitals and covered schools, and at state or local colleges when the opportunity involves work with a vulnerable person. The organization decides whether it or the applicant pays. If the check shows an arrest without a court outcome, the applicant must also complete a name-based court-record check. The state bureau sends fingerprints for state and federal checks; approved vendors may not keep the applicant’s information for more than 30 days. The act applies to background checks requested on or after its effective date.

The attorney general may bring a civil action to enforce the requirements, and covered violations carry civil penalties. Penalties apply when a covered organization refuses a tax ID or fingerprint-based check that it must accept. The penalty is $2,000 for a first violation and $5,000 for each later violation. Collected penalties go to the Immigration Legal Defense Fund. The act applies to contracts entered into and background checks requested on or after its effective date.