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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
department of revenue; applicants; fingerprinting
Purpose
Allows the Arizona Department of Revenue (ADOR) to obtain state criminal records checks and consumer reports for job applicants for hiring purposes.
Background
Current statute allows the Director of ADOR (Director) to employ, appoint and remove officers, agents, branch office deputies and other staff personnel as the Director deems necessary to assist in administering ADOR (A.R.S. § 42-1003).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Director to obtain a state criminal records check for a job applicant for hiring purposes.
2. Allows the Director to obtain a consumer report for a job applicant for hiring purposes.
3. Requires the Director to submit preferred applicants' full set of fingerprints to the Department of Public Safety (DPS) for a state and federal criminal records check before making a final offer of employment.
4. Allows DPS to exchange applicants' fingerprint data with the Federal Bureau of Investigation.
5. Allows ADOR to disclose applicants' fingerprint data only to ADOR staff solely for employment purposes.
6. Allows consumer report information to be used only to determine the applicant's suitability for positions involving fiduciary or financial responsibilities or access to highly-confidential information.
7. Allows consumer report information to be obtained and used only in accordance with the federal Fair Credit Reporting Act.
8. Specifies that an applicant cannot be disqualified from employment solely because of a prior conviction for a felony or misdemeanor or consumer report information, unless the offense or consumer report information has a reasonable relationship to the functions of the position.
9. Defines applicant as any person who seeks employment as a new hire or any ADOR employee who seeks a transfer, reclassification or reassignment to a different position.
10. Makes technical changes.
11. Becomes effective on the general effective date.
Prepared by Senate Research
February 11, 2019
CS/LC/kja