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


A. Except as provided in subsection B of this section, employees shall submit the
form prescribed in subsection C of this section to the department and shall have a valid
fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or shall
apply for a fingerprint clearance card within seven working days of employment.


B. A member of the national guard who has received security clearance pursuant to
national guard laws and regulations, except for a general officer who is an employee of
the department, is exempt from the fingerprinting requirements of subsection A of this
section.


C. 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.


D. 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
been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or
has not received an interim approval from the board of fingerprinting pursuant to section
41-619.55, subsection I.


E. 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, including project challenge.