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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SENATE BILL 1537 |
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AN ACT
amending section 8‑804, Arizona Revised Statutes; amending section 41‑619.51, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 3 and chapter 296, section 12; repealing section 41‑619.51, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 3; amending section 41-1758, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 4 and chapter 296, section 13; repealing section 41-1758, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 4; amending section 41-1758.01, Arizona Revised Statutes, as amended by laws 2018, chapter 46, section 5 and chapter 296, section 14; repealing section 41-1758.01, Arizona Revised Statutes, as amended by laws 2018, chapter 287, section 5; amending section 46‑141, Arizona Revised Statutes; relating to fingerprinting.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-804, Arizona Revised Statutes, is amended to read:
8-804. Central registry; notification
A. The department shall maintain a central registry of reports of child abuse and neglect that are substantiated and the outcome of the investigation of these reports made under this article. A finding made by a court pursuant to section 8‑844, subsection C that a child is dependent based on an allegation of abuse or neglect shall be recorded as a substantiated finding of abuse or neglect. The department shall incorporate duplicate reports on the same incident in the original report and shall not classify duplicate reports as new reports.
B. The department shall conduct central registry background checks and shall use the information contained in the central registry only for the following purposes:
1. As a factor to determine qualifications for any of the following:
(a) Foster home licensing. ,
(b) Adoptive parent certification. ,
(c) Individuals who apply for child welfare agency licensing. ,
(d) Child care home certification. ,
(e) Registration of unregulated child care homes with the child care resource and referral system. , and
(f) Home and community based services certification for services to children or vulnerable adults.
(g) An adult who works in a group home, residential treatment center, shelter or other congregate care setting.
2. As a factor to determine qualifications for persons who are employed or who are applying for employment with this state in positions that provide direct service to children or vulnerable adults.
3. As a factor to determine qualifications for individuals who are employed or who are applying for employment with a child welfare agency in positions that provide direct service to children or vulnerable adults.
4. As a factor to determine qualifications for positions that provide direct service to children or vulnerable adults for:
(a) Any person who applies for a contract with this state and that person's employees.
(b) All employees of a contractor.
(c) A subcontractor of a contractor and the subcontractor's employees.
(d) Prospective employees of the contractor or subcontractor at the request of the prospective employer.
5. Beginning August 1, 2013, to provide information to licensees that do not contract with this state regarding persons who are employed or seeking employment to provide direct services to children pursuant to title 36, chapter 7.1.
6. To identify and review reports concerning individual children and families, in order to facilitate the assessment of safety and risk.
7. To determine the nature and scope of child abuse and neglect in this state and to provide statewide statistical and demographic information concerning trends in child abuse and neglect.
8. To allow comparisons of this state's statistical data with national data.
9. To comply with section 8‑804.01, subsection B.
C. Beginning August 1, 2013, Licensees that do not contract with the state and that employ persons who provide direct services to children pursuant to title 36, chapter 7.1 must submit to the department of child safety in a manner prescribed by the department of child safety information necessary to conduct central registry background checks. The department of health services shall verify whether licensees, pursuant to title 36, chapter 7.1, have complied with the requirements of this subsection and any rules adopted by the department of health services to implement this subsection.
D. If the department of economic security received a report before September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry until eighteen years from the child victim's date of birth.
E. If the department of economic security or the department of child safety received a report on or after September 1, 1999 and determined that the report was substantiated, the department of child safety shall maintain the report in the central registry for a maximum of twenty‑five years after the date of the report. If the department of child safety maintains reports in the central registry for less than twenty‑five years, the department shall adopt rules to designate the length of time it must maintain those reports in the central registry.
F. The department shall annually purge reports and investigative outcomes received pursuant to the time frames prescribed in subsections D and E of this section.
G. Any person who was the subject of a department investigation may request confirmation that the department has purged information about the person pursuant to subsection F of this section. On receipt of this request, the department shall provide the person with written confirmation that the department has no record containing identifying information about that person.
H. The department shall notify a person, contractor or licensee identified in subsection B, paragraph 4, subdivisions (a), (b) and (c) and subsection B, paragraph 5 of this section who is disqualified because of a central registry check conducted pursuant to subsection B of this section that the person may apply to the board of fingerprinting for a central registry exception pursuant to section 41‑619.57.
I. Before being employed in a position that provides direct services to children or vulnerable adults pursuant to subsection B, paragraphs 4 and 5 or subsection C of this section, employees shall certify, under penalty of perjury, on forms that are provided by the department whether an allegation of abuse or neglect was made against them and was substantiated. The forms are confidential. If this certification does not indicate a current investigation or a substantiated report of abuse or neglect, the employee may provide direct services pending the findings of the central registry check.
J. A person who is granted a central registry exception pursuant to section 41‑619.57 is not entitled to a contract, employment, licensure, certification or other benefit because the person has been granted a central registry exception.
K. An agency of this state that conducts central registry background checks as a factor to determine qualifications for positions that provide direct services to children or vulnerable adults shall publish a list of disqualifying acts of substantiated abuse or neglect.
L. An agency of this state that conducts central registry background checks may provide information contained in the central registry on all reports of child abuse and neglect that are substantiated and the outcomes of the investigations of the reports to carry out the provisions of this section. Identifying information regarding any person other than the perpetrator may not be released. Information received pursuant to this section may not be further disseminated unless authorized by law or court order.
Sec. 2. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 3 and chapter 296, section 12, is amended effective from and after August 3, 2019 to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(a) (b) Section 8‑105.
(b) (c) Section 8‑322.
(c) (d) Section 8‑463.
(d) (e) Section 8‑509.
(e) (f) Section 8‑802.
(f) (g) Section 8‑804.
(g) (h) Section 15‑183.
(h) (i) Section 15‑503.
(i) (j) Section 15‑512.
(j) (k) Section 15‑534.
(k) (l) Section 15‑763.01.
(l) (m) Section 15‑782.02.
(m) (n) Section 15‑1330.
(n) (o) Section 15‑1881.
(o) (p) Section 17‑215.
(p) (q) Section 28‑3228.
(q) (r) Section 28‑3413.
(r) (s) Section 32-122.02.
(s) (t) Section 32‑122.05.
(t) (u) Section 32‑122.06.
(u) (v) Section 32‑1232.
(v) (w) Section 32‑1276.01.
(w) (x) Section 32‑1284.
(x) (y) Section 32‑1297.01.
(y) (z) Section 32‑1904.
(z) (aa) Section 32-1941.
(aa) (bb) Section 32‑2022.
(bb) (cc) Section 32‑2108.01.
(cc) (dd) Section 32‑2123.
(dd) (ee) Section 32‑2371.
(ee) (ff) Section 32‑3620.
(ff) (gg) Section 32‑3668.
(gg) (hh) Section 32‑3669.
(hh) (ii) Section 36‑207.
(ii) (jj) Section 36‑411.
(jj) (kk) Section 36‑425.03.
(kk) (ll) Section 36‑446.04.
(ll) (mm) Section 36‑594.01.
(mm) (nn) Section 36‑594.02.
(nn) (oo) Section 36‑882.
(oo) (pp) Section 36‑883.02.
(pp) (qq) Section 36‑897.01.
(qq) (rr) Section 36‑897.03.
(rr) (ss) Section 36‑3008.
(ss) (tt) Section 41‑619.53.
(tt) (uu) Section 41‑1964.
(uu) (vv) Section 41‑1967.01.
(vv) (ww) Section 41‑1968.
(ww) (xx) Section 41‑1969.
(xx) (yy) Section 41‑2814.
(yy) (zz) Section 46‑141, subsection A or B.
(zz) (aaa) Section 46‑321.
Sec. 3. Delayed repeal
Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 3, is repealed effective from and after August 3, 2019.
Sec. 4. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 4 and chapter 296, section 13, is amended effective from and after August 3, 2019 to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy or the state board of technical registration.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(a) (b) Section 8‑105.
(b) (c) Section 8‑322.
(c) (d) Section 8‑463.
(d) (e) Section 8‑509.
(e) (f) Section 8‑802.
(f) (g) Section 15‑183.
(g) (h) Section 15‑503.
(h) (i) Section 15‑512.
(i) (j) Section 15‑534.
(j) (k) Section 15‑763.01.
(k) (l) Section 15‑782.02.
(l) (m) Section 15‑1330.
(m) (n) Section 15‑1881.
(n) (o) Section 17‑215.
(o) (p) Section 28‑3228.
(p) (q) Section 28-3413.
(q) (r) Section 32-122.02.
(r) (s) Section 32‑122.05.
(s) (t) Section 32‑122.06.
(t) (u) Section 32‑1232.
(u) (v) Section 32‑1276.01.
(v) (w) Section 32‑1284.
(w) (x) Section 32‑1297.01.
(x) (y) Section 32‑1904.
(y) (z) Section 32-1941.
(z) (aa) Section 32‑2022.
(aa) (bb) Section 32‑2108.01.
(bb) (cc) Section 32‑2123.
(cc) (dd) Section 32‑2371.
(dd) (ee) Section 32‑3620.
(ee) (ff) Section 32‑3668.
(ff) (gg) Section 32‑3669.
(gg) (hh) Section 36‑207.
(hh) (ii) Section 36‑411.
(ii) (jj) Section 36‑425.03.
(jj) (kk) Section 36‑446.04.
(kk) (ll) Section 36‑594.01.
(ll) (mm) Section 36‑594.02.
(mm) (nn) Section 36‑882.
(nn) (oo) Section 36‑883.02.
(oo) (pp) Section 36‑897.01.
(pp) (qq) Section 36‑897.03.
(qq) (rr) Section 36‑3008.
(rr) (ss) Section 41‑619.52.
(ss) (tt) Section 41‑619.53.
(tt) (uu) Section 41‑1964.
(uu) (vv) Section 41‑1967.01.
(vv) (ww) Section 41‑1968.
(ww) (xx) Section 41‑1969.
(xx) (yy) Section 41‑2814.
(yy) (zz) Section 46‑141, subsection A or B.
(zz) (aaa) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 5. Delayed Repeal
Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 4, is repealed effective from and after August 3, 2019.
Sec. 6. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 5 and chapter 296, section 14, is amended effective from and after August 3, 2019 to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3228, 28‑3413, 32-122.02, 32‑122.05, 32‑122.06, 32‑1232, 32‑1276.01, 32‑1284, 32‑1297.01, 32‑1904, 32‑1941, 32‑2022, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A or B and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 7. Delayed repeal
Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 5, is repealed effective from and after August 3, 2019.
Sec. 8. Section 46-141, Arizona Revised Statutes, is amended to read:
46-141. Criminal record information checks; fingerprinting employees and applicants; definition
A. Each license granted by the department of economic security or the department of child safety and each contract entered into between the department of economic security or the department of child safety and any contract provider for the provision of services to juveniles or vulnerable adults shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults shall have a valid fingerprint clearance card issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card within seven working days of employment.
B. Each person, whether paid or not, shall have as a condition of employment a valid fingerprint clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days after being employed, if the person is any of the following:
1. Licensed by the department of child safety or employed by the licensee.
2. A department of child safety contractor for the provision of services directly to juveniles or vulnerable adults.
3. An adult working in a group home, residential treatment center, shelter or other congregate care setting.
B. C. The licensee or contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel. The department of economic security or the department of child safety may allow all or part of the costs of fingerprint checks to be included as an allowable cost in a contract.
C. D. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles or vulnerable adults shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F G and G H of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F G and G H of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card.
D. E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F G and G H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41‑1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting.
E. F. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C D of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsections F G and G H of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41‑1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles or vulnerable adults and is not allowed to work in a group home, residential treatment center, shelter or other congregate care setting unless the person is granted a good cause exception pursuant to section 41‑619.55.
F. G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or vulnerable adults or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
G. H. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles or who are allowed to work in a group home, residential treatment center, shelter or other congregate care setting shall certify on forms provided by the department of economic security or the department of child safety and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.
H. I. Federally recognized Indian tribes or military bases may submit and the department of economic security and the department of child safety shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection F G of this section.
I. J. A person who applies to the department of economic security or the department of child safety for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults or who will work in a group home, residential treatment center, shelter or other congregate care setting shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8‑105, 8‑509, 8-802 or 41‑1968 or subsection A of this section.
J. K. The special services unit of the department of economic security and employees of the department of child safety may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security or the department of child safety may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such the employee, applicant or contractor is not qualified or suitable.
K. L. Volunteers who provide services to juveniles or vulnerable adults under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting requirements of this section, unless the volunteer works in a group home, residential treatment center, shelter or other congregate care setting.
L. M. The department of economic security or the department of child safety shall notify the department of public safety if the department of economic security or the department of child safety receives credible evidence that a person who possesses a valid fingerprint clearance card pursuant to subsection A of this section either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B or C.
2. Falsified information on the form required by subsection F G of this section.
M. N. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 46‑451.
Sec. 9. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.