Official Summary Text
HB2916 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY COW
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
H.B. 2916
traffic schools;
instructors; fingerprint clearance
Purpose
Requires,
effective January 1, 2027, instructors who are employed by or under contract
with a traffic survival school to provide the Arizona Department of
Transportation (ADOT) with a standard fingerprint clearance card. Allows a
person whose fingerprint clearance card application is pending within the
Department of Public Safety (DPS) to be granted a temporary work authorization
by the relevant agency while the person's application is being processed if
outlined conditions are met.
Background
A person may not
act as a traffic survival school unless the person applies for and obtains a
license from the Director of ADOT (Director) in a manner and form prescribed by
the Director. Rules adopted by the Director must state the requirements for a
traffic survival school license, including requirements concerning location,
equipment, courses of instruction, previous records of the school and
instructors and a requirement that course of instruction must: 1) consist of at
least eight hours of instruction and include information relating to aggressive
driving; and 2) be offered and completed in person and may not be offered
online unless the Governor declares a state of emergency or ADOT issues a
person a one-time waiver of the in-person requirement when the person
demonstrates that completing the course in person would impose a substantial
burden on the person. Each applicant for a traffic survival school license who
owns 20 percent or more of an entity and each partner or stakeholder who owns
20 percent or more of an entity who seeks licensure must provide ADOT or a
contracted private entity of ADOT with a valid fingerprint clearance card (
A.R.S.
� 28-3413
).
The
Fingerprinting Division (Division) is established in DPS and must: 1) conduct
fingerprint background checks for persons and applicants 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; 2) issue fingerprint clearance cards; 3) collect
fees established by the Board of Fingerprinting (Board) on submission of an
application for deposit in the Board of Fingerprinting Fund; and 4) inform each
person, in writing, who submits fingerprints for a fingerprint background check
of the right to petition the Board for a good cause exception. If the Division
determines that the Division is not authorized to issue a fingerprint clearance
card to a person, after conducting a state and federal criminal history records
check, the Division must inform the person in writing that the Division is not
authorized to issue the fingerprint clearance card and the notice must include
the criminal history information on which the denial is based (
A.R.S.
� 41-1758.01
).
There is no anticipated fiscal impact
to the state General Fund associated with this legislation.
Provisions
1.
Requires, effective January 1, 2027, each
instructor
who is employed by or under contract with a traffic survival school to provide
ADOT or a contracted private entity of ADOT with a standard fingerprint
clearance card
.
2.
Prohibits an agency in Arizona, without statutory authority to require a
fingerprint clearance card, from requiring a person to obtain a fingerprint
clearance card as a condition of licensure, certification, registration or
employment.
3.
Allows, for occupations and positions that are pending approval for a
federal criminal records check, a person who is required to obtain and possess
a valid fingerprint clearance card to be granted a temporary work authorization
by the relevant agency while the person's application is being processed if all
other requirements for licensure, registration, certification or work
authorization are met.
4.
Specifies
that a person who is granted a temporary work authorization as outlined is
authorized to work while the person's fingerprint clearance card application is
being processed if the person:
a)
provides documentation to the relevant agency that shows that the
person's fingerprint clearance card application is pending within DPS; and
b)
certifies, on forms that are provided by the relevant agency and that
are notarized, that the person is not:
i.
awaiting trial on, has never been convicted of and has never admitted in
open court or pursuant to a plea agreement to committing any of the prescribed
criminal offenses in Arizona that preclude the person from obtaining a valid
fingerprint clearance card or similar offenses in another state or
jurisdiction; and
ii.
subject to registration as a sex offender in Arizona or any other
jurisdiction.
5.
Specifies that a temporary work authorization expires if DPS denies the
issuance of a fingerprint clearance card.
6.
Requires DPS to notify the relevant agency if DPS denies issuance of a
fingerprint clearance card.
7.
Allows
an agency to:
a)
adopt any policies and procedures necessary to implement the outlined
conditions related to granting a temporary work authorization while a person's
fingerprint clearance card application is pending within DPS;
b)
conduct a third-party background check of a person;
c)
deny a temporary work authorization if the relevant agency has
verifiable information that the person is awaiting trial on, has been convicted
of or has admitted in open court or pursuant to a plea agreement to committing
any of the prescribed offenses that preclude the issuance of a fingerprint
clearance card, or the person is subject to registration as a sex offender; and
d)
take
appropriate disciplinary action against a person who misrepresents any of the
information required to be provided to the relevant agency when the person is seeking
a temporary work authorization.
8.
Specifies that
agency
includes a board or commission.
9.
Becomes effective on the general effective date, with a delayed
effective date as noted.
Amendments Adopted by
Committee of the Whole
1.
Allows a person who is required to obtain a fingerprint clearance card
to be granted a temporary work authorization while the person's fingerprint
clearance card application is being processed if outlined conditions are met.
2.
Outlines information that a person must provide to a relevant agency in
order to be authorized to work under a temporary work authorization.
3.
Prohibits an agency, without statutory authority to require fingerprint
clearance cards, from requiring a person to obtain a fingerprint clearance card
as a condition of licensure, certification, registration or employment.
4.
Specifies that a temporary work authorization expires if DPS denies the
issuance of the fingerprint clearance card.
5.
Requires DPS to notify an agency if DPS denies issuing a fingerprint
clearance card.
6.
Outlines actions that an agency may perform relating to issuing a
temporary work authorization as prescribed.
7.
Specifies that
agency
includes a board or commission.
8.
Adds a delayed effective date of January 1, 2027, to the requirement
that instructors employed by or under contract with a traffic survival school
provide ADOT or a contracted private entity of ADOT with a standard fingerprint
clearance card.
House Action
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Senate
Action
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Prepared by Senate Research
April 14, 2026
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Current Bill Text
Read the full stored bill text
HB2916 - 572R - S Ver
Senate Engrossed
House Bill
traffic
schools; instructors; fingerprint clearance
(now: fingerprint
clearance cards; temporary authorization)
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2916
AN
ACT
Amending section 28-3413, Arizona Revised
Statutes; amending title 41, chapter 12, article 3.1, Arizona Revised Statutes,
by adding section 41-1758.09; relating to fingerprint clearance cards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3413, Arizona Revised
Statutes, is amended to read:
START_STATUTE
28-3413.
License for schools; requirements; fingerprint clearance card
A. A person may not act as a traffic survival school
unless the person applies for and obtains from the director a license in the
manner and form prescribed by the director.
B. Rules adopted by the director shall state the
requirements for a school license, including:
1. Requirements concerning location, equipment,
courses of instruction, instructors, previous records of the school and
instructors, insurance in an amount and with provisions that the director deems
necessary to protect adequately the interests of the public and other matters
prescribed by the director.
2. A requirement that traffic survival school
courses of instruction must:
(a) Consist of at least eight hours of instruction
and include information relating to aggressive driving as provided by section
28-695.
(b) Be offered and completed in person and may not
be offered or completed online unless the governor declares a state of
emergency.� The department may grant a person who enrolls in a traffic survival
school a onetime waiver of the in-person requirement if the person demonstrates
to the department that completing the course in person would impose a
substantial burden on the person.
C. Each applicant who owns twenty percent or more of
an entity and each partner or stockholder who owns twenty percent or more of an
entity and who seeks licensure pursuant to this article
and each
instructor who is employed by or under contract with a traffic survival school
shall provide the department or a contracted private entity of the department
pursuant to section 28-3411 with a valid fingerprint clearance card
issued pursuant to section 41-1758.03.
END_STATUTE
Sec. 2. Title 41, chapter 12, article 3.1,
Arizona Revised Statutes, is amended by adding section 41-1758.09, to read:
START_STATUTE
41-1758.09.
Fingerprint clearance cards; authority; prohibition; application
processing; employment; definition
A. An agency in this
state without statutory authority to require a fingerprint clearance card may
not require a person to obtain a fingerprint clearance card as a condition of
licensure, certification, registration or employment.
B. Notwithstanding any
other law, for occupations and positions that are pending approval for a
federal criminal records check pursuant to section 41-1750 and Public Law
92-544, a person who is required to obtain and possess a valid
fingerprint clearance card may be granted a temporary work authorization by the
relevant agency while the person's fingerprint clearance card application is
being processed if all other requirements for the work authorization,
licensure, registration or certification are met.
C. A person who is
granted a temporary work authorization pursuant to subsection B of this section
is authorized to work while the person's fingerprint clearance card application
is being processed if the person does all of the following:
1. Provides
documentation to the relevant agency that shows the person's application for a
fingerprint clearance card is pending within the department.
2. Certifies on forms
that are provided by the relevant agency and that are notarized that the person
meets the following conditions:
(
a
) Is not awaiting trial
on and has never been convicted of or admitted in open court or pursuant to a
plea agreement to committing any of the criminal offenses listed in section 41-1758.03,
subsection B or C or section 41-1758.07, subsection B or C, as applicable, in
this state or similar offenses in another state or jurisdiction.
(
b
) Is not subject to
registration as a sex offender in this state or any other jurisdiction.
D. The temporary work
authorization pursuant to subsection B of this section expires if the
department denies the issuance of a fingerprint clearance card, and the
department shall notify the relevant agency of the denial.
E. The relevant agency
may do any of the following:
1. Adopt any policies
and procedures necessary to implement this section.
2. Conduct a
third-party background check of the person.
3. Deny the temporary
work authorization if the relevant agency has verifiable information that the
person is awaiting trial on or has been convicted of or admitted in open court
or pursuant to a plea agreement to committing any of the offenses described in
subsection C, paragraph 2, subdivision (
a
)
of this section or is subject to registration as a sex offender in this state
or any other jurisdiction.
4. Take appropriate
disciplinary action against a person who misrepresents any of the information
required pursuant to subsection C of this section.
F. For the purposes of this section,
"agency" includes a board or commission.
END_STATUTE
Sec. 3.
Effective date
Section 28-3413, Arizona Revised
Statutes, as amended by this act, is effective from and after December 31,
2026.