Amends TCA Title 38, Chapter 6; Title 68, Chapter 102 and Title 71, Chapter 3.

Present law authorizes the governor, speaker of the senate, speaker of the house of representatives, and chief justice of the supreme court to request the director of the TBI to conduct a background investigation concerning any person who has asked or agreed to be considered for appointment to a position of trust and responsibility. Present law authorizes the TBI to contract with the FBI, another law enforcement agency, or another legally authorized entity to assist in any such investigation. Upon the request of the governor, speaker of the senate, speaker of the house of representatives, or chief justice, present law requires the TBI director to conduct the investigation, including fingerprint submissions of the potential appointee to both the TBI and FBI, and report the results to the requesting official. This bill removes authorization for the TBI to contract with other agencies or entities to assist in the background investigations. This bill also replaces the requirement for fingerprint submissions to both the TBI and FBI with a requirement that a background investigation include fingerprinting of the applicant for a state and national criminal history background review. Present law authorizes the chair of the committee that nominates candidates for the position of TBI director to request a background investigation concerning a potential nominee and contract with a private entity or the federal government to conduct the investigation. This bill limits the persons with whom the chair of the committee may contract to perform a background investigation to law enforcement agencies. Present law requires that the chair of any standing committee of the general assembly be provided with a background investigation of any gubernatorial appointee to the position of judge of the supreme court, court of appeals, or court of criminal appeals whose appointment will be considered by the committee. This bill adds that the background investigation must include fingerprint submissions of the potential appointee to both the TBI and FBI. This bill adds a requirement that persons applying or being considered for the following positions provide fingerprint submissions to the TBI and FBI for a criminal history review: (1) A commissioner of a department of the executive branch; (2) A general counsel position at a department of the executive branch; (3) A pilot employed by the Tennessee department of transportation; and (4) Law enforcement personnel entrusted with the protection of the governor. Present law requires certain persons to complete a form disclosing criminal records, juvenile records histories, and status on the vulnerable persons registry, sex-offender registry, and status as an indicated perpetrator of abuse or neglect in the records of the department of children's services and the department of human services, or in any jurisdiction, and to agree to release all such records to the applicable childcare agency and to the department to verify the accuracy of the information contained on the disclosure form. Among the persons required to make such disclosures and releases is a person applying to work with children as a paid employee, director or manager with a childcare agency, with any detention center or temporary holding resource, or with the department in any position in which any significant contact with children is likely in the course of the person's employment; or who applies for any license, that is not the renewal of an existing license or otherwise seeks to be an operator of a childcare agency and who has significant contact with children in the course of such role and is not otherwise exempted by rules of the department. This bill revises the persons to whom the disclosure and release requirements apply, to a person: (1) Applying to work with children as a paid employee, director, or manager with a child care agency licensed by the department; (2) Applying to work with the department in a position in which significant contact with children is likely in the course of the person's employment; (3) Applying for a child care agency license issued by the department that is not the renewal of an existing license; and (4) Seeking to be an operator of a licensed child care agency who would have significant contact with children in the course of such role and is not otherwise exempted by rules of the department The full text of this bill defines "license" for purposes of present law concerning child care agencies. ON APRIL 17, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1038, AS AMENDED. AMENDMENT #1 adds a provision to this bill that deletes the present law requirement that fire protection personnel do the following relative to background checks: (1) Provide past work history and personal references to be checked by the employer; (2) Agree to the release of information and investigative records to the employer, or to any agency that contracts with the state, as may be necessary for the purpose of verifying whether the individual has been convicted of a felony or any theft or arson related conviction; (3) Agree to the release of information required for a criminal background investigation by a professional background screening organization or criminal background check services or registry; and (4) When seeking employment with a public fire agency, supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation, the federal bureau of investigation, another law enforcement agency, or another legally authorized entity.