PREFILED DEC 09 2015
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REFERENCE TITLE: confidential data; criminal records check |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SB 1009 |
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Introduced by Senator Kavanagh
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AN ACT
amending section 41‑710, Arizona Revised Statutes; relating to confidential data.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-710, Arizona Revised Statutes, is amended to read:
41-710. Confidential data personnel; criminal records check; definitions
A. Before accepting an offer of employment, an applicant for an information technology a confidential data position in the department of administration shall submit a full set of fingerprints to the department of administration 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 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 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.
B. If a state agency obtains a state and federal criminal records check for other purposes that is substantially similar to the criminal records check required by subsection A of this section, the state agency may furnish and the director of the department of administration may accept the state and federal criminal records check to satisfy the requirements of subsection A of this section.
C. The director of the department of administration may delegate the enforcement of the requirements of this section to the human resources manager of the state agency.
B. D. The department of administration or a state agency shall not disclose information obtained pursuant to subsection A of this section except to members of the department's or the state agency's staff solely for the purpose of employment of information technology confidential data personnel by the department.
C. E. 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, rules or regulations.
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 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.
4. "State agency" means any department, commission, board, institution or other agency of this state.