Second Regular Session S.B. 1009
COMMITTEE ON GOVERNMENT
SENATE AMENDMENTS TO S.B. 1009
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 41-710, Arizona Revised Statutes, is amended to read:
41-710. Confidential data personnel; criminal history records; applicability; definitions
A. Before accepting an offer of employment, an applicant for an information technology a confidential data position in the department of administration in a state agency shall submit a full set of fingerprints to the department of administration state agency for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The director of the department of administration shall request personnel who were employed in information technology confidential data positions on or before July 18, 2000 to submit a full set of fingerprints to the state agency if the director determines that it is necessary to ensure the privacy, confidentiality or integrity of confidential data within the department's control. The director of the department of administration may direct agency heads to require an employee in a CONFIDENTIAL data position to submit to periodic subsequent state and federal criminal records checks. The department of public safety may exchange this fingerprint data with the federal bureau of investigation and shall provide the information obtained from the criminal records check to authorized personnel of the state agency.
B. If a state agency obtains a state and federal criminal records check under any other authority that is substantially similar to the criminal records check required by subsection A of this section, the state agency may use that state and federal criminal records check to satisfy the requirements of subsection A of this section.
C. Each state agency head shall ensure that the REQUIREMENTS of this section are enforced in the state agency.
B. D. The department of administration state agency shall not disclose information obtained pursuant to subsection A of this section except to members authorized personnel of the department's state agency or the state agency's staff solely for the purpose of employment of information technology confidential data personnel by the department state agency.
E. This section applies to the following:
1. Confidential data positions in The following offices and divisions in The department of administration:
(a) The Arizona strategic enterprise TECHNOLOGY office.
(b) The benefits services division.
(c) The general accounting office.
(d) The human resources division.
2. In any state agency, a position that requires access to confidential data in any of the following:
(a) The state HUMAN RESOURCES INFORMATION SOLUTION or any successor system.
(b) The Arizona financial information system or any successor system.
(c) a department of administration mainframe system.
C. F. For the purposes of this section:
1. "Applicant" means any person who seeks employment as a new hire or any employee of the department of administration a state agency who seeks a transfer, a reclassification reallocation or a reassignment to an information technology a confidential data position.
2. "Confidential data" means any department of administration data to which access is restricted by virtue of applicable federal or state laws or rules.
2. 3. "Information technology "confidential data position" means any position that is in the department of administration a state agency, that requires the operation of computer systems that contain or transmit confidential data to which access is restricted by virtue of applicable federal or state laws, rules or regulations and that requires access to the restricted data in order to fulfill the requirements of the position.
Sec. 2. Conditional enactment; notice
A. This act does not become effective unless on or before December 31, 2016 the department of public safety requests the federal bureau of investigation to grant approval of the exchange of fingerprint data pursuant to section 41‑710, Arizona Revised Statutes, as amended by this act.
B. The director of the department of public safety shall notify in writing the director of the Arizona legislative council on or before January 1, 2017 either:
1. Of the date on which the condition was met.
2. That the condition was not met."
Amend title to conform