HB2688 - 561R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-106, Arizona Revised Statutes, is amended to read:

START_STATUTE15-106. Identity verified fingerprints

An applicant who applies for a new teaching certificate in order to teach in a school district, a participant in field experience or student teaching in this state, an applicant who applies for a renewal of an existing teaching certificate in order to continue teaching in a school district, an applicant who is required for the first time to be fingerprinted in order to teach in a charter school and an applicant who is required to renew fingerprints in order to continue teaching in a charter school pursuant to section 15-183, an applicant who is required to be fingerprinted pursuant to section 15-512 or 15-2406 and any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall submit for an identity verified fingerprint card that will be used by the department of public safety to process the fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 as follows:

1. The applicant shall submit a request for an application packet from the department of public safety.

2. The application packet shall be contained in an envelope specified by the department of public safety and shall include the following:

(a) A blank applicant fingerprint card.

(b) An application for a fingerprint clearance card.

3. A school district or charter school may contract for fingerprinting services through an entity or entities and shall provide a copy of the instructions to the entity or entities as provided by the department of public safety regarding the submission of identity verified fingerprints. If a school district or charter school elects to provide fingerprinting services, the school district or charter school shall authorize an individual employed by the school district or charter school to administer the services.

4. The department of public safety shall provide instructions to law enforcement agencies and public schools regarding the submission of identity verified fingerprints. The department of public safety shall reject the application for a fingerprint clearance card if the application is not correct or is not submitted according to the instructions provided by the department of public safety.

5. The applicant, at the time that identity verified fingerprints are taken, shall provide the law enforcement agency, school district, charter school or other entity with a completed application form for a fingerprint clearance card, the fingerprint card with the requisite demographic information and the required fee in the form of a money order or cashier's check made out to the department of public safety. The law enforcement agency, school district, charter school or other entity shall verify the identity of the applicant through recognized means of photographic identification and a comparison of the demographic information on the photographic identification against the demographic information on the application form and the fingerprint card. The authorized person taking the fingerprints shall enter on the application form a description of the photographic identification presented by the applicant. The law enforcement agency, school district, charter school or other entity shall place the completed fingerprint card, the completed application form or any other form required by the department of public safety and the fee provided by the applicant in the postage prepaid envelope provided by the department of public safety and mail it to the fingerprinting division in the department of public safety. A law enforcement agency, school district, charter school or other entity may charge the applicant a reasonable fee for services provided pursuant to this section.

6. Fingerprints submitted electronically or through an internet-based system pursuant to section 41-1758.01 shall include a completed application for a fingerprint clearance card, the requisite applicant demographic information and the required fee, and shall be identity verified in accordance with instructions provided by the department of public safety. The department shall reject the application for a fingerprint clearance card if the application is not correct or is not submitted according to the department's instructions. The entity or entities contracted by the department shall comply with:

(a) All information privacy and security measures and submission standards established by the department.

(b) The information technology security policy approved by the department.

7. The department of public safety shall process the application packet in the same manner prescribed for fingerprint clearance cards issued pursuant to title 41, chapter 12, article 3.1.

8. The department of public safety shall provide for digital storage and retrieval of identity verified fingerprints taken pursuant to this section. The fingerprints taken pursuant to this section shall be digitally designated in the fingerprint archive as identity verified fingerprint records.

9. A person who has a set of identity verified fingerprints on file with the department of public safety pursuant to this section shall is not be required to submit a new set of fingerprints to the department of public safety to renew the person's fingerprint clearance card. On receipt of the required application form and fee for a renewal fingerprint clearance card from a person required to submit identity verified fingerprints, the department of public safety shall attempt to use the electronic copy of the applicant's identity verified fingerprints that are retained pursuant to this section to conduct the state and national criminal records checks. The department of public safety may require the applicant to submit a new set of identity verified fingerprints if the department of public safety determines that the original fingerprints submitted have been lost or damaged or are found to be otherwise of insufficient quality to conduct a valid technical fingerprint search either by the department of public safety or the federal bureau of investigation.

10. A person who participates in a teacher preparation program that is approved by the state board of education and who does not participate in field experience or student teaching in this state shall is not be required to obtain a fingerprint clearance card pursuant to this section. END_STATUTE

Sec. 2. Title 15, chapter 19, article 1, Arizona Revised Statutes, is amended by adding sections 15-2406 and 15-2407, to read:

START_STATUTE15-2406. Qualified schools; personnel; fingerprinting requirements; definition

A. Notwithstanding section 15-2404, a qualified school that enrolls one or more qualified students shall develop procedures for fingerprinting school personnel. The PROCEDURES shall require that school personnel:

1. Be fingerprinted as a condition of employment 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.

2. Submit fingerprints to the qualified school within twenty days after the date the individual begins work.

B. A qualified school that enrolls a qualified student may adopt procedures pursuant to subsection A of this section that require school personnel to obtain a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 as a condition of employment. If a qualified school does not require a fingerprint clearance card as a condition of employment, school personnel may apply for a fingerprint clearance card and shall be treated as a person who is required to obtain a fingerprint clearance card for the purposes of the application.

C. A qualified school that enrolls a qualified student may release the results of a background check that is conducted pursuant to subsection A of this section and may communicate to a school district, charter school or other qualified school for employment purposes whether any school personnel has been issued or denied a fingerprint clearance card.

D. For the purposes of this section, "school personnel":

1. includes any individual who is initially hired by the qualified school after January 1, 1990 and is any of the following:

(a) A paid employee of the qualified school.

(b) An individual who provides services directly to students of the qualified school and who is all of the following:

(i) Not a paid employee of the qualified school.

(ii) Not a parent or guardian of a student who attends the qualified school.

(iii) Not under the direction of or, except for brief periods of time during a school day or school activity, within sight of a paid employee of the qualified school while providing services to students.

(iv) Required or allowed to provide services directly to students.

2. does not include an individual who is either:

(a) Required as a condition of licensure to be fingerprinted if the license is required for employment.

(b) Reestablishing employment with a qualified school within one year after terminating employment with the same qualified school. END_STATUTE

START_STATUTE15-2407. Qualified schools; state board of education; complaints; investigations; penalties; rules; appeal

A. A qualified student or the parent of a qualified student may file a written complaint with the state board of education alleging that the qualified school has violated this article. A complaint filed pursuant to this subsection must include a description of the specific facts of the alleged violation and identify any evidence supporting the allegation.

B. The state board of education shall investigate a complaint filed pursuant to subsection A of this section and determine whether a violation occurred. If the state board determines that a violation occurred, the state board shall notify the qualified school in writing of that determination and instruct the qualified school how to cure the violation. If the state board determines that the qualified school has failed to correct the violation within sixty days after the state board issues a notice pursuant to this subsection, the qualified school:

1. Shall reimburse the department all Arizona empowerment scholarship account monies received pursuant to this article during the previous school year.

2. May not charge any qualified student who is enrolled in the qualified school under THIS article tuition and fees to recover monies reimbursed under paragraph 1 of this subsection.

C. The state board of education shall adopt rules and procedures for the state board to investigate written complaints filed pursuant to this section.

D. Actions taken under this section are subject to appeal pursuant to title 41, chapter 6, article 10. END_STATUTE

Sec. 3. Section 23-1361, Arizona Revised Statutes, is amended to read:

START_STATUTE23-1361. Blacklist; definition; exceptions; privileged communications; immunity

A. "Blacklist" means any understanding or agreement whereby the names of any person or persons, list of names, descriptions or other means of identification shall be spoken, written, printed or implied for the purpose of being communicated or transmitted between two or more employers of labor, or their bosses, foremen, superintendents, managers, officers or other agents, whereby the laborer is prevented or prohibited from engaging in a useful occupation. Any understanding or agreement between employers, or their bosses, foremen, superintendents, managers, officers or other agents, whether written or verbal, comes within the meaning of this section and it makes no difference whether the employers, or their bosses, foremen, superintendents, managers, officers or other agents, act individually or for some company, corporation, syndicate, partnership or society and it makes no difference whether they are employed or acting as agents for the same or different companies, corporations, syndicates, partnerships or societies.

B. It is not unlawful for a former employer to provide to a requesting employer, or agents acting in the employer's behalf, information concerning a person's education, training, experience, qualifications and job performance to be used for the purpose of evaluating the person for employment. It is not unlawful for a school district or a qualified school as defined in section 15-2401 to provide information received as a result of a fingerprint check required by section 15-512 or 15-2406 to any other school district, charter school or qualified school as defined in section 15-2401 if requested to do so by the person who was the subject of the fingerprint check or communicate to any school district, charter school or qualified school as defined in section 15-2401 if requested to do so by the person who applied for a fingerprint clearance card whether the person has been issued or denied a fingerprint clearance card. A copy of any written communication regarding employment must be sent by the employer providing the information to the former employee's last known address.

C. An employer who in good faith provides information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee is immune from civil liability for the disclosure or the consequences of providing the information. There is a presumption of good faith if either:

1. The employer employs less than one hundred employees and provides only the information authorized by this subsection.

2. The employer employs at least one hundred employees and has a regular practice in this state of providing information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee.

D. The presumption of good faith under subsection C of this section is rebuttable by showing that the employer disclosed the information with actual malice or with intent to mislead. This subsection and subsection C of this section do not alter any privileges that exist under common law. For the purposes of this subsection, "actual malice" means knowledge that the information was false or was provided with reckless disregard of its truth or falsity.

E. Communications concerning employees or prospective employees that are made by an employer or prospective employer, or by a labor organization, to a government body or agency and that are required by law or that are furnished pursuant to written rules or policies of the government body or agency are privileged.

F. An employer, including this state and its agencies, a labor organization or an individual is not civilly liable for privileged communications made pursuant to subsection E of this section.

G. In response to a request by another bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is not unlawful for a bank, a savings and loan association, a credit union, an escrow agent, a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written employment reference that advises of the applicant's involvement in any theft, embezzlement, misappropriation or other defalcation that has been reported to federal authorities pursuant to federal banking guidelines or reported to the department of insurance and financial institutions. In order for the immunity provided in subsection H of this section to apply, a copy of the written employment reference must be sent by the institution providing the reference to the last known address of the applicant in question.

H. A bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker is not civilly liable for providing an employment reference unless the information provided is false and the bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker providing the false information does so with knowledge and malice.

I. A court shall award court costs, attorney fees and other related expenses to any party that prevails in any civil proceeding in which a violation of this section is alleged. END_STATUTE

Sec. 4. Section 41-619.51, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.51. 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 insurance and 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, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.

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.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 8-804.

(h) Section 15-183.

(i) Section 15-503.

(j) Section 15-512.

(k) Section 15-534.

(l) Section 15-763.01.

(m) Section 15-782.02.

(n) Section 15-1330.

(o) Section 15-1881.

(p) Section 15-2406.

(p) (q) Section 17-215.

(q) (r) Section 28-3228.

(r) (s) Section 28-3413.

(s) (t) Section 32-122.02.

(t) (u) Section 32-122.05.

(u) (v) Section 32-122.06.

(v) (w) Section 32-823.

(w) (x) Section 32-1232.

(x) (y) Section 32-1276.01.

(y) (z) Section 32-1284.

(z) (aa) Section 32-1297.01.

(aa) (bb) Section 32-1904.

(bb) (cc) Section 32-1941.

(cc) (dd) Section 32-1982.

(dd) (ee) Section 32-2022.

(ee) (ff) Section 32-2063.

(ff) (gg) Section 32-2108.01.

(gg) (hh) Section 32-2123.

(hh) (ii) Section 32-2371.

(ii) (jj) Section 32-3430.

(jj) (kk) Section 32-3620.

(kk) (ll) Section 32-3668.

(ll) (mm) Section 32-3669.

(mm) (nn) Section 32-3922.

(nn) (oo) Section 32-3924.

(oo) (pp) Section 32-4222.

(pp) (qq) Section 32-4128.

(qq) (rr) Section 36-113.

(rr) (ss) Section 36-207.

(ss) (tt) Section 36-411.

(tt) (uu) Section 36-425.03.

(uu) (vv) Section 36-446.04.

(vv) (ww) Section 36-594.01.

(ww) (xx) Section 36-594.02.

(xx) (yy) Section 36-766.01.

(yy) (zz) Section 36-882.

(zz) (aaa) Section 36-883.02.

(aaa) (bbb) Section 36-897.01.

(bbb) (ccc) Section 36-897.03.

(ccc) (ddd) Section 36-3008.

(ddd) (eee) Section 41-619.53.

(eee) (fff) Section 41-1964.

(fff) (ggg) Section 41-1967.01.

(ggg) (hhh) Section 41-1968.

(hhh) (iii) Section 41-1969.

(iii) (jjj) Section 41-2814.

(jjj) (kkk) Section 41-4025.

(kkk) (lll) Section 46-141, subsection A or B.

(lll) (mmm) Section 46-321. END_STATUTE

Sec. 5. Section 41-1758, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758. 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 insurance and 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, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.

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.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 15-183.

(h) Section 15-503.

(i) Section 15-512.

(j) Section 15-534.

(k) Section 15-763.01.

(l) Section 15-782.02.

(m) Section 15-1330.

(n) Section 15-1881.

(o) Section 15-2406.

(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 32-823.

(v) (w) Section 32-1232.

(w) (x) Section 32-1276.01.

(x) (y) Section 32-1284.

(y) (z) Section 32-1297.01.

(z) (aa) Section 32-1904.

(aa) (bb) Section 32-1941.

(bb) (cc) Section 32-1982.

(cc) (dd) Section 32-2022.

(dd) (ee) Section 32-2063.

(ee) (ff) Section 32-2108.01.

(ff) (gg) Section 32-2123.

(gg) (hh) Section 32-2371.

(hh) (ii) Section 32-3430.

(ii) (jj) Section 32-3620.

(jj) (kk) Section 32-3668.

(kk) (ll) Section 32-3669.

(ll) (mm) Section 32-3922.

(mm) (nn) Section 32-3924.

(nn) (oo) Section 32-4128.

(oo) (pp) Section 32-4222.

(pp) (qq) Section 36-113.

(qq) (rr) Section 36-207.

(rr) (ss) Section 36-411.

(ss) (tt) Section 36-425.03.

(tt) (uu) Section 36-446.04.

(uu) (vv) Section 36-594.01.

(vv) (ww) Section 36-594.02.

(ww) (xx) Section 36-766.01.

(xx) (yy) Section 36-882.

(yy) (zz) Section 36-883.02.

(zz) (aaa) Section 36-897.01.

(aaa) (bbb) Section 36-897.03.

(bbb) (ccc) Section 36-3008.

(ccc) (ddd) Section 41-619.52.

(ddd) (eee) Section 41-619.53.

(eee) (fff) Section 41-1964.

(fff) (ggg) Section 41-1967.01.

(ggg) (hhh) Section 41-1968.

(hhh) (iii) Section 41-1969.

(iii) (jjj) Section 41-2814.

(jjj) (kkk) Section 41-4025.

(kkk) (lll) Section 46-141, subsection A or B.

(lll) (mmm) Section 46-321.

6. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE

Sec. 6. Section 41-1758.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.01. 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, 15-2406, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 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, 41-2814, and 41-4025, 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. END_STATUTE

Sec. 7. Section 41-1758.08, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.08. Fingerprint clearance card; use of expired card

A. Notwithstanding any other law, an expired fingerprint clearance card may be used to satisfy the fingerprint requirements of section 15-183, 15-503, 15-512, 15-534, 15-782.02, 15-1330, or 15-1881 or 15-2406 if the person signs an affidavit stating both of the following:

1. The person submitted a completed application to the division for a new fingerprint clearance card within ninety days before the expiration date on the person's current fingerprint clearance card.

2. The person is not awaiting trial on and has not been convicted of a criminal offense that would make the person ineligible for a fingerprint clearance card.

B. This section does not apply to a fingerprint clearance card that has been denied, suspended or revoked or to a person who has requested a good cause exception hearing. END_STATUTE

Sec. 8. Fingerprinting requirement; current school personnel

Notwithstanding section 15-2406, subsection A, paragraph 2, as added by this act, current school personnel, as defined in section 15-2406, Arizona Revised Statutes, as added by this act, must comply with the fingerprinting requirements prescribed in section 15-2406, Arizona Revised Statutes, as added by this act, within six months after the effective date of this act.