qualified schools; fingerprinting requirements; penalties

SB1700 - 572R - I Ver

REFERENCE TITLE:
qualified schools; fingerprinting requirements; penalties

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1700

Introduced by

Senators
Diaz: Bravo, Fernandez, Gonzales, Hatathlie, Kuby, Miranda, Ortiz, Sears

AN
ACT

amending sections 15-106, 15-2402
and 15-2403, Arizona Revised Statutes; amending title 15, chapter 19,
article 1, Arizona Revised Statutes, by adding section 15-2407; amending
sections 23-1361, 41-619.51, 41-1750, 41-1758, 41-1758.01
and 41-1758.08, Arizona Revised Statutes; relating to Arizona empowerment
scholarship accounts.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

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

START_STATUTE
15-106.

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 15-2407
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.

(c) Instructions for
the return of

returning
the application packet.

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. Section 15-2402, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-2402.

Arizona empowerment scholarship accounts; funds

A. Arizona empowerment scholarship accounts are
established to provide options for the education of students in this state.

B. To enroll a qualified student for an Arizona
empowerment scholarship account, the parent of the qualified student must sign
an agreement to do all of the following:

1. Use a portion of the Arizona empowerment
scholarship account monies allocated annually to provide an education for the
qualified student in at least the subjects of reading, grammar, mathematics,
social studies and science, unless the Arizona empowerment scholarship account
is allocated monies according to a transfer schedule other than quarterly
transfers pursuant to section 15-2403, subsection G.

2. Not enroll the qualified student in a school
district or charter school and release the school district from all obligations
to educate the qualified student.� This paragraph does not:

(a) Relieve the school district or charter school
that the qualified student previously attended from the obligation to conduct
an evaluation pursuant to section 15-766.

(b) Require the qualified student to withdraw from
a
any
school district or charter
school before enrolling for an Arizona empowerment scholarship account if the
qualified student withdraws from the school district or charter school before
receiving any monies in the qualified student's Arizona empowerment scholarship
account.

(c) Prevent the qualified student from applying in
advance for an Arizona empowerment scholarship account to be funded beginning
the following school year, subject to section 15-2403, subsection H.

3. Not accept a scholarship from a school tuition
organization pursuant to title 43 concurrently with an Arizona empowerment
scholarship account for the qualified student in the same year a parent signs
the agreement pursuant to this section.

4. Use monies deposited in the qualified student's
Arizona empowerment scholarship account only for the following expenses of the
qualified student:

(a) Tuition or fees at a qualified school that
requires all teaching staff and
school
personnel who have
unsupervised contact with students to
be fingerprinted
satisfy the fingerprint clearance card and employment eligibility
requirements prescribed by section 15-2407, subsection A
.

(b) Textbooks required by a qualified school.

(c) If the qualified student meets any of the
criteria specified in section 15-2401, paragraph 7, subdivision (a), item
(i), (ii) or (iii) as determined by a school district or by an independent
third party pursuant to section 15-2403, subsection J, the qualified
student may use the following additional services:

(i) Educational therapies from a licensed or
accredited practitioner or provider, including and up to any amount not covered
by insurance if the expense is partially paid by a health insurance policy for
the qualified student.

(ii) A licensed or accredited paraprofessional or
educational aide.

(iii) Tuition for vocational and life skills
education approved by the department.

(iv) Associated goods and services that include
educational and psychological evaluations, assistive technology rentals and
braille translation goods and services approved by the department.

(d) Tutoring or teaching services provided by an
individual who is
approved by the department and
not
subject to disciplinary action by the state board of education for immoral or
unprofessional conduct pursuant to section 15-505 or 15-534.04 or a
facility that is
approved by the department and
accredited
by a state, regional or national accrediting organization. The
department shall ensure
that
any individual who provides
tutoring or teaching services to one or more qualified students pursuant to
this subdivision is not subject to disciplinary action by the state board of
education.� The department shall also remove any individual who is subject to
disciplinary action by the state board of education from all platforms that the
department provides to parents and qualified students for the purchase of goods
or educational services using account monies.�
The department
may not approve an expense under this subdivision if the tutor or teacher who
provides the services either:

(
i
) Had the
individual's certificate suspended or revoked by the state board of education,
including reciprocal suspension or revocation.

(
ii
)
Is subject to disciplinary action by the state board of education for
immoral or unprofessional conduct.

(e) Curricula and supplementary materials.

(f) Tuition or fees for a nonpublic online learning
program.

(g) Fees for a nationally standardized norm-referenced
achievement test, an advanced placement examination or any exams related to
college or university admission.

(h) Tuition or fees at an eligible postsecondary
institution.

(i) Textbooks required by an eligible postsecondary
institution.

(j) Fees to manage the Arizona empowerment
scholarship account.

(k) Services provided by a public school, including
individual classes and extracurricular programs.

(l) Insurance or surety bond payments.

(m) Uniforms purchased from or through a qualified
school.

(n) If the qualified student meets the criteria
specified in section 15-2401, paragraph 7, subdivision (a), item (i),
(ii) or (iii) and if the qualified student is in the second year prior to the
final year of a contract executed pursuant to this article, costs associated
with an annual education plan conducted by an independent evaluation
team. The department shall prescribe minimum qualifications for
independent evaluation teams pursuant to this subdivision and factors that
teams must use to determine whether the qualified student shall be eligible to
continue to receive monies pursuant to this article through the school year in
which the qualified student reaches twenty-two years of
age. An independent evaluation team that provides an annual
education plan pursuant to this subdivision shall submit a written report that
summarizes the results of the evaluation to the parent of the qualified student
and to the department on or before July 31. The written report
submitted by the independent evaluation team is valid for one
year. If the department determines that the qualified student meets
the eligibility criteria prescribed in the annual education plan, the qualified
student is eligible to continue to receive monies pursuant to this article until
the qualified student reaches twenty-two years of age, subject to annual
review. A parent may appeal the department's decision pursuant to
title 41, chapter 6, article 10. As an addendum to a qualified
student's final-year contract, the department shall provide the following
written information to the parent of the qualified student:

(i) That the qualified student will not be eligible
to continue to receive monies pursuant to this article unless the results of an
annual education plan conducted pursuant to this subdivision demonstrate that
the qualified student meets the eligibility criteria prescribed in the annual
education plan.

(ii) That the parent is entitled to obtain an annual
education plan pursuant to this subdivision to determine whether the qualified
student meets the eligibility criteria prescribed in the annual education plan.

(iii) A list of independent evaluation teams that
meet the minimum qualifications prescribed by the department pursuant to this
subdivision.

(o) Public transportation services in this state,
including a commuter pass for the qualified student, or transportation network
services as defined in section 28-9551 between the qualified student's
residence and a qualified school in which the qualified student is enrolled.

(p) Computer hardware and technological devices
primarily used for an educational purpose. For the purposes of this
subdivision, "computer hardware and technological devices":

(i) Includes calculators, personal computers,
laptops, tablet devices, microscopes, telescopes and printers.

(ii) Does not include entertainment and other
primarily noneducational devices, including televisions, telephones, video game
consoles and accessories, and home theatre and audio equipment.

5. Not file an affidavit of intent to homeschool
pursuant to section 15-802, subsection B, paragraph 2 or 3.

6. Not use monies deposited in the qualified
student's account for any of the following:

(a) Computer hardware or other technological
devices, except as otherwise allowed under paragraph 4, subdivision (c) or (p)
of this subsection.

(b) Transportation of the pupil, except for
transportation services described in paragraph 4, subdivision (o) of this
subsection.

C. In exchange for the parent's agreement pursuant
to subsection B of this section, the department shall transfer from the monies
that would otherwise be allocated to a recipient's prior school district, or if
the child is currently eligible to attend a preschool program for children with
disabilities, a kindergarten program or any of grades one through twelve, the
monies that the department determines would otherwise be allocated to a
recipient's expected school district of attendance, to the treasurer for
deposit into an Arizona empowerment scholarship account an amount that is
equivalent to ninety percent of the sum of the base support level and
additional assistance prescribed in sections 15-185 and 15-943 for
that particular student if that student were attending a charter school.

D. The department of education empowerment
scholarship account fund is established consisting of monies appropriated by
the legislature. The department shall administer the
fund. Monies in the fund are subject to legislative
appropriation. Monies in the fund shall be used for the department's
costs in administering Arizona empowerment scholarship accounts under this
chapter. Monies in the fund are exempt from the provisions of
section 35-190 relating to lapsing of appropriations. If the
number of Arizona empowerment scholarship accounts significantly increases
after fiscal year 2020-2021, the department may request an increase in
the amount appropriated to the fund in any subsequent fiscal year in the budget
estimate submitted pursuant to section 35-113. The department
shall list monies in the fund as a separate line item in its budget estimate.

E. The state treasurer empowerment scholarship
account fund is established consisting of monies appropriated by the
legislature. The state treasurer shall administer the fund.� Monies
in the fund shall be used for the state treasurer's costs in administering the
Arizona empowerment scholarship accounts under this chapter. If the
number of Arizona empowerment scholarship accounts significantly increases
after fiscal year 2020-2021, the state treasurer may request an increase
in the amount appropriated to the fund in any subsequent fiscal year in the
budget estimate submitted pursuant to section 35-113. Monies
in the fund are subject to legislative appropriation.� Monies in the fund are
exempt from the provisions of section 35-190 relating to lapsing of
appropriations. The state treasurer shall list monies in the fund as
a separate line item in its budget estimate.

F. A parent must renew the qualified student's
Arizona empowerment scholarship account on an annual basis. The
department of education shall verify that the parent's child is a qualified
student as defined in section 15-2401 or 15-2401.01 in the year for
which the parent seeks to renew the Arizona empowerment scholarship account.� This
subsection does not require the department to annually verify the child's
disability for the purpose of section 15-2401, paragraph 7, subdivision (a),
item (i), (ii) or (iii), if applicable.

G. Notwithstanding any changes to the student's
multidisciplinary evaluation team plan, a student who has previously qualified
for an Arizona empowerment scholarship account remains eligible to apply for
renewal until the student finishes high school.

H. If a parent does not renew the qualified
student's Arizona empowerment scholarship account for a period of three
academic years, the department shall notify the parent that the qualified
student's account will be closed in sixty calendar days. The
notification must be sent through certified mail, email and telephone, if
applicable.� The parent has sixty calendar days to renew the qualified
student's Arizona empowerment scholarship account. If the parent
chooses not to renew or does not respond in sixty calendar days, the department
shall close the account and any remaining monies shall be returned to the
state.

I. A signed agreement under this section constitutes
school attendance required by section 15-802.

J. A qualified school or a provider of services
purchased pursuant to subsection B, paragraph 4 of this section may not share,
refund or rebate any Arizona empowerment scholarship account monies with the
parent or qualified student in any manner.

K. Notwithstanding subsection H of this section, on
the qualified student's graduation from a postsecondary institution or after
any period of four consecutive years after high school graduation in which the
student is not enrolled in an eligible postsecondary institution, but not
before this time as long as the account holder continues using a portion of
account monies for allowable expenses each year and is in good standing, the
qualified student's Arizona empowerment scholarship account shall be closed and
any remaining monies shall be returned to the state.

L. Monies received pursuant to this article do not
constitute taxable income to the parent of the qualified student.
END_STATUTE

Sec. 3. Section 15-2403, Arizona Revised
Statutes, is amended to read:

START_STATUTE
15-2403.

Arizona empowerment scholarship accounts; administration;
appeals; risk-based audits; rules; policy handbook

A. The treasurer may contract with private financial
management firms to manage Arizona empowerment scholarship accounts.

B. The department shall conduct or contract for
annual audits of Arizona empowerment scholarship accounts to ensure compliance
with section 15-2402, subsection B, paragraph 4. The
department shall also conduct or contract for random, quarterly and annual
audits of Arizona empowerment scholarship accounts as needed to ensure
compliance with section 15-2402, subsection B,
paragraph 4. The department, in consultation with the office of
the auditor general, shall develop risk-based auditing procedures for audits
conducted pursuant to this subsection.

C. The department shall annually review a sample of
Arizona empowerment scholarship accounts, selected at random, to determine
whether the parent or qualified student is in compliance with the terms of the
contract, applicable laws, rules and orders relating to the Arizona empowerment
scholarship accounts program. The Arizona empowerment scholarship
account of a parent or qualified student who is in good standing may be
randomly selected pursuant to this subsection only one time during any five-year
period. The department may remove any parent or qualified student
from eligibility for an Arizona empowerment scholarship account if the parent
or qualified student fails to comply with the terms of the contract or
applicable laws, rules or orders or knowingly misuses monies or knowingly fails
to comply with the terms of the contract with intent to defraud and shall
notify the treasurer. The department shall notify the treasurer to
suspend the account of a parent or qualified student and shall notify the parent
or qualified student in writing that the account has been suspended and that no
further transactions will be allowed or disbursements made. The
notification shall specify the reason for the suspension and state that the
parent or qualified student has fifteen days, not including weekends, to
respond and take corrective action.� If the parent or qualified student refuses
or fails to contact the department, furnish any information or make any report
that may be required for reinstatement within the fifteen-day period, the
department may remove the parent or qualified student pursuant to this
subsection.

D. A parent may appeal to the state board of
education any administrative decision the department makes pursuant to this
article, including determinations of allowable expenses, removal from the
program or enrollment eligibility. The department shall notify the
parent in writing that the parent may appeal any administrative decision under
this article and the process by which the parent may appeal at the same time
the department notifies the parent of an administrative decision under this
article. The state board of education shall establish an appeals
process, and the department shall post this information on the department's
website in the same location as the policy handbook developed pursuant to
subsection K of this section.

E. A parent may represent himself or herself or
designate a representative, not necessarily an attorney, before any appeals
hearing held pursuant to this section. Any designated representative
who is not an attorney admitted to practice may not charge for any services
rendered in connection with the hearing. The fact that a
representative participated in the hearing or assisted the account holder is
not grounds for reversing any administrative decision or order if the evidence
supporting the decision or order is substantial, reliable and probative.

F. The state board of education may refer cases of
substantial misuse of monies to the attorney general for the purpose of
collection or for the purpose of a criminal investigation if the state board of
education obtains evidence of fraudulent use of an account.

G. The department shall make quarterly transfers of
the amount calculated pursuant to section 15-2402, subsection C to the
treasurer for deposit in the Arizona empowerment scholarship account of each
qualified student, except the department may make transfers according to
another transfer schedule if the department determines a transfer schedule other
than quarterly transfers is necessary to operate the Arizona empowerment
scholarship account.

H. The department shall accept applications between
July 1 and June 30 of each year. The department shall issue an award
letter to eligible applicants within thirty days after receipt of a completed
application and all required documentation. If an eligible applicant
completes an application in advance for an Arizona empowerment scholarship
account to be funded beginning on a later date, the department may enroll the
eligible applicant on the later date, except that the department may not enroll
the applicant more than two fiscal quarters after the fiscal quarter in which
the application is completed or on a date that is after March 31 and before
July 1. If an eligible applicant completes an application after
March 31 and before July 1, the department shall enroll the applicant on or
after July 1. The department shall enroll all other eligible
applicants when the department issues an award letter pursuant to this
subsection. This subsection does not allow a qualified student to
receive monies in an Arizona empowerment scholarship account while the
qualified student is enrolled in a school district or charter school.� On or
before September 1 and November 1 of each year, the department shall furnish to
the joint legislative budget committee and the governor's office of strategic
planning and budgeting an estimate of the amount required to fund Arizona
empowerment scholarship accounts for the following fiscal year. The
department shall include in its budget request for the following fiscal year
the amount estimated pursuant to section 15-2402, subsection C for each
qualified student.

I. The state board of education may adopt rules and
policies necessary to administer Arizona empowerment scholarship accounts,
including rules and policies:

1. For establishing an appeals process pursuant to
subsection D of this section.

2. For conducting or contracting for examinations of
the use of account monies, consistent with subsection L of this section.

3. For conducting or contracting for random,
quarterly and annual reviews of accounts.

4. For establishing or contracting for the
establishment of an online anonymous fraud reporting service.

5. For establishing an anonymous telephone hotline
for fraud reporting.

6. That require a surety bond or insurance for
account holders.

7. For determining whether an expense
is allowed, including verifying that an individual who provides tutoring or
teaching services satisfies the requirements prescribed by section 15-2402,
subsection B, paragraph 4, subdivision (
d
).

J. The department shall contract with an independent
third party for the purposes of determining whether a qualified student is
eligible to receive educational therapies or services pursuant to section 15-2402,
subsection B, paragraph 4, subdivision (c).� If during any period on or after
January 1, 2023 the department fails to ensure that a contract with an
independent third party is in effect, during that period:

1. The county school superintendent of each county
may approve a list of independent third parties within the county whose
evaluation may be used to determine whether a qualified student who resides
within the county is eligible to receive educational therapies or services
pursuant to section 15-2402, subsection B, paragraph 4, subdivision (c).

2. If the county school superintendent of a county
does not provide a list of approved independent third parties within ninety
days after the beginning of any period during which the department does not
have a contract with an independent third party in effect as described in this
subsection, the parent of a qualified student who resides within the county has
the right to obtain an independent educational evaluation from a qualified
examiner to determine whether the qualified student is eligible to receive
educational therapies or services pursuant to section 15-2402,
subsection B, paragraph 4, subdivision (c). The expense for an
educational evaluation undertaken pursuant to this paragraph shall be provided
by the school district within which the qualified student resides and that
serves the grade level of the qualified student. For the purposes of
this paragraph, "qualified examiner" means a licensed physician,
psychiatrist or psychologist.

K. On or before July 1 of each year, the department
shall develop an applicant and participant handbook that includes information
relating to policies and processes of Arizona empowerment scholarship
accounts.� The policy handbook shall comply with the rules adopted by the state
board of education pursuant to this section. The department shall
post the handbook on the department's website.

L. The department shall:

1. Establish and maintain an online database of
allowable and disallowed categories of expenses and provide a link to the
database on the department's website.

2. Allow the use of account monies to reimburse the
parent of a qualified student or a qualified student for the purchase of a good
or educational service that is an allowable expense pursuant to section 15-2402,
subsection B.

M. Except for cases in which the attorney general
determines that a parent or account holder has committed fraud, any expenditure
from an Arizona empowerment scholarship account for a purchase that the
department determines is not an allowable expense pursuant to section 15-2402
and that is subsequently repaid by the parent or account holder shall be
credited back to the Arizona empowerment scholarship account balance within
thirty days after the receipt of payment.

N. If, in response to an appeal of an administrative
decision made by the department, the state board of education issues a stay of
an Arizona empowerment scholarship account suspension pursuant to rules adopted
by the board, the department may not withhold funding or contract renewal for
the account holder because of the appealed administrative decision during the
stay unless directed by the board to do so.
END_STATUTE

Sec. 4. Title 15, chapter 19, article 1,
Arizona Revised Statutes, is amended by adding section 15-2407, to read:

START_STATUTE
15-2407.

Qualified schools; personnel; fingerprinting requirements;
penalties; definition

A. Notwithstanding sections 15-161
and 15-2404, a qualified school that ACCEPTS payment from a parent or
qualified student pursuant to this chapter shall require all school personnel
to both:

1. have a valid fingerprint clearance
card issued pursuant to title 41, chapter 12, article 3.1 or apply for a
fingerprint clearance card within twenty days after the individual begins work.

2. Be eligible for employment at a
school district or charter school in this state pursuant to section 15-505,
subsection D.

b. A qualified school that ACCEPTS
payment from a parent or qualified student pursuant to this chapter 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.

c. The auditor general shall annually
audit qualified schools for compliance with the requirements of this section.�
If the auditor general finds that a qualified school has failed to comply with
the requirements of this section, the auditor general shall:

1. Notify both the qualified school
and the state board of education of the violation.

2. Instruct the qualified school how
to cure the violation.

d. If the state board of education
determines that the qualified school has failed to cure the violation within
sixty days after the auditor general issues a notice pursuant to subsection c
of this section, the state board of education shall notify the qualified school
and the department that the qualified school is not in compliance.� A qualified
school that is determined to be in noncompliance pursuant to this subsection
shall reimburse the department for all Arizona empowerment scholarship account
monies that the qualified school received pursuant to this article during the
previous school year.

e. 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 who 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

Sec. 5. Section 23-1361, Arizona Revised
Statutes, is amended to read:

START_STATUTE
23-1361.

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 15-2407
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. 6. Section 41-619.51, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 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, the board of massage
therapy, the board of behavioral health examiners 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.

(c) Section 8-322.

(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 15-2407.

(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 32-3271.

(jj)

(
kk
)
Section 32-3430.

(kk)

(
ll
)
Section 32-3620.

(ll)

(
mm
)
Section 32-3668.

(mm)

(
nn
)
Section 32-3669.

(nn)

(
oo
)
Section 32-3922.

(oo)

(
pp
)
Section 32-3924.

(pp)

(
qq
)
Section 32-4128.

(qq)

(
rr
)
Section 32-4222.

(rr)

(
ss
)
Section 36-113.

(ss)

(
tt
)
Section 36-207.

(tt)

(
uu
)
Section 36-411.

(uu)

(
vv
)
Section 36-425.03.

(vv)

(
ww
)
Section 36-446.04.

(ww)

(
xx
)
Section 36-594.01.

(xx)

(
yy
)
Section 36-594.02.

(yy)

(
zz
)
Section 36-766.01.

(zz)

(
aaa
)
Section 36-882.

(aaa)

(
bbb
)
Section 36-883.02.

(bbb)

(
ccc
)
Section 36-897.01.

(ccc)

(
ddd
)
Section 36-897.03.

(ddd)

(
eee
)
Section 36-1940.

(eee)

(
fff
)
Section 36-1940.01.

(fff)

(
ggg
)
Section 36-2069.

(ggg)

(
hhh
)
Section 36-3008.

(hhh)

(
iii
)
Section 41-619.53.

(iii)

(
jjj
)
Section 41-1964.�������������

(jjj)

(
kkk
)
Section 41-1967.01.

(kkk)

(
lll
)
Section 41-1968.

(lll)

(
mmm
)
Section 41-1969.

(mmm)

(
nnn
)
Section 41-2814.

(nnn)

(
ooo
)
Section 41-4025.

(ooo)

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

(ppp)

(
qqq
)
Section 46-321.
END_STATUTE

Sec. 7. Section 41-1750, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1750.

Central state repository; department of public safety; duties;
funds; accounts; definitions

A. The department is
responsible for the effective operation of the central state repository in
order to collect, store and disseminate complete and accurate Arizona criminal
history records and related criminal justice information. The
department may procure criminal history records and related criminal justice
information for violations that are not listed in this section.� The department
shall:

1. Procure from all
criminal justice agencies in this state accurate and complete personal
identification data, fingerprints, charges, process control numbers and
dispositions and such other information as may be pertinent to all persons who
have been charged with, arrested for, convicted of or summoned to court as a
criminal defendant for any of the following:

(a) A felony offense or an
offense involving domestic violence as defined in section 13-3601.

(b) A violation of title
13, chapter 14 or title 28, chapter 4.

(c) An offense listed in:

(i) Section 32-2422,
subsection A, paragraph 4.

(ii) Section 32-2441,
paragraph 4.

(iii) Section 32-2612,
subsection A, paragraph 4.

(iv) Section 32-2622,
subsection A, paragraph 4.

(v) Section 41-1758.03,
subsections B and C.

(vi) Section 41-1758.07,
subsections B and C.

2. Collect information
concerning the number and nature of offenses known to have been committed in
this state and of the legal steps taken in connection with these offenses, such
other information that is useful in the study of crime and in the
administration of criminal justice and all other information deemed necessary
to operate the statewide uniform crime reporting program and to cooperate with
the federal government uniform crime reporting program.

3. Collect information
concerning criminal offenses that manifest evidence of prejudice based on race,
color, religion, national origin, sexual orientation, gender, antisemitism or
disability.

4. Cooperate with the
central state repositories in other states and with the appropriate agency of
the federal government in the exchange of information pertinent to violators of
the law.

5. Ensure the rapid
exchange of information concerning the commission of crime and the detection of
violators of the law among the criminal justice agencies of other states and of
the federal government.

6. Furnish assistance to
peace officers throughout this state in crime scene investigation for the
detection of latent fingerprints and in the comparison of latent fingerprints.

7. Conduct periodic
operational audits of the central state repository and of a representative
sample of other agencies that contribute records to or receive criminal justice
information from the central state repository or through the Arizona criminal
justice information system.

8. Establish and enforce
the necessary physical and system safeguards to ensure that the criminal
justice information maintained and disseminated by the central state repository
or through the Arizona criminal justice information system is appropriately
protected from unauthorized inquiry, modification, destruction or dissemination
as required by this section.

9. Aid and encourage
coordination and cooperation among criminal justice agencies through the
statewide and interstate exchange of criminal justice information.

10. Provide training and
proficiency testing on the use of criminal justice information to agencies
receiving information from the central state repository or through the Arizona
criminal justice information system.

11. Operate and maintain
the Arizona automated fingerprint identification system established by section
41-2411.

12. Provide criminal
history record information to the fingerprinting division for the purpose of
screening applicants for fingerprint clearance cards.

B. The director may
establish guidelines for the submission and retention of criminal justice
information as deemed useful for the study or prevention of crime and for the
administration of criminal justice.

C. Criminal justice
agencies may provide criminal history records and related criminal justice
information for violations that are not listed in this
section. Except for the requirements listed in subsection U of this
section, the chief officers of criminal justice agencies of this state or its
political subdivisions shall provide to the central state repository
fingerprints and information concerning personal identification data,
descriptions, crimes for which persons are arrested, process control numbers
and dispositions and such other information, including other biometric data, as
may be pertinent to all persons who have been charged with, arrested for,
convicted of or summoned to court as criminal defendants for any of the
following:

1. Felony offenses or
offenses involving domestic violence as defined in section 13-3601.

2. Violations of title 13,
chapter 14 or title 28, chapter 4 that have occurred in this state.

3. An offense listed in:

(a) Section 32-2422,
subsection A, paragraph 4.

(b) Section 32-2441,
paragraph 4.

(c) Section 32-2612,
subsection A, paragraph 4.

(d) Section 32-2622,
subsection A, paragraph 4.

(e) Section 41-1758.03,
subsections B and C.

(f) Section 41-1758.07,
subsections B and C.

D. The chief officers of
law enforcement agencies of this state or its political subdivisions shall
provide to the department such information as necessary to operate the
statewide uniform crime reporting program and to cooperate with the federal
government uniform crime reporting program.

E. The chief officers of criminal
justice agencies of this state or its political subdivisions shall comply with
the training and proficiency testing guidelines as required by the department
to comply with the federal national crime information center mandates.

F. The chief officers of
criminal justice agencies of this state or its political subdivisions also
shall provide to the department information concerning crimes that manifest
evidence of prejudice based on race, color, religion, national origin, sexual
orientation, gender, antisemitism or disability.

G. The director shall
authorize the exchange of criminal justice information between the central
state repository, or through the Arizona criminal justice information system,
whether directly or through any intermediary, only as follows:

1. With criminal justice
agencies of the federal government, Indian tribes, this state or its political
subdivisions and other states, on request by the chief officers of such
agencies or their designated representatives, specifically for the purposes of
the administration of criminal justice and for evaluating the fitness of
current and prospective criminal justice employees. Fingerprints
submitted pursuant to this paragraph may be searched through the department and
the federal bureau of investigation to conduct criminal history records
checks. The department may conduct criminal history records checks
through state and federal rap back services
for the
purpose of updating the status of current criminal justice employees or
volunteers and may notify the criminal justice agency of the results of the
records check. The department is authorized to submit fingerprints to the
federal bureau of investigation to be retained for the purpose of being
searched by future submissions to the federal bureau of investigation,
including latent fingerprint searches.
The
department may retain fingerprints submitted pursuant to this paragraph for the
purpose of being searched by future submissions to the department, including
latent fingerprint searches.

2. With any noncriminal
justice agency pursuant to a statute, ordinance or executive order that
specifically authorizes the noncriminal justice agency to receive criminal
history record information for the purpose of evaluating the fitness of current
or prospective licensees, employees, contract employees or volunteers, on
submission of the subject's fingerprints and the prescribed
fee. Each statute, ordinance, or executive order that authorizes
noncriminal justice agencies to receive criminal history record information for
these purposes shall identify the specific categories of licensees, employees,
contract employees or volunteers and shall require that fingerprints of the
specified individuals be submitted in conjunction with such requests for criminal
history record information. Fingerprints submitted pursuant to this
paragraph may be searched through the department and the federal bureau of
investigation to conduct criminal history records checks. The
department may conduct criminal history records checks through state and
federal rap back services for the purpose of updating the status of current
licensees, employees, contract employees or volunteers and may notify the
noncriminal justice agency of the results of the records check. The department
is authorized to submit fingerprints to the federal bureau of investigation to
be retained for the purpose of being searched by future submissions to the
federal bureau of investigation, including latent fingerprint
searches. The department is authorized to retain fingerprints
submitted pursuant to this paragraph for the purpose of being searched by
future submissions to the department, including latent fingerprint searches.

3. With the board of
fingerprinting for the purpose of conducting good cause exceptions pursuant to
section 41-619.55 and central registry exceptions pursuant to section 41-619.57.

4. With any individual for
any lawful purpose on submission of the subject of record's fingerprints and
the prescribed fee.

5. With the governor, if
the governor elects to become actively involved in the investigation of
criminal activity or the administration of criminal justice in accordance with
the governor's constitutional duty to ensure that the laws are faithfully
executed or as needed to carry out the other responsibilities of the governor's
office.

6. With regional computer
centers that maintain authorized computer-to-computer interfaces
with the department, that are criminal justice agencies or under the management
control of a criminal justice agency and that are established by a statute,
ordinance or executive order to provide automated data processing services to criminal
justice agencies specifically for the purposes of the administration of
criminal justice or evaluating the fitness of regional computer center
employees who have access to the Arizona criminal justice information system
and the national crime information center system.

7. With an individual who
asserts a belief that criminal history record information relating to the
individual is maintained by an agency or in an information system in this state
that is subject to this section.� On submission of fingerprints, the individual
may review this information for the purpose of determining its accuracy and
completeness by making application to the agency operating the system.� Rules
adopted under this section shall include provisions for administrative review
and necessary correction of any inaccurate or incomplete
information. The review and challenge process authorized by this
paragraph is limited to criminal history record information.

8. With individuals and
agencies pursuant to a specific agreement with a criminal justice agency to
provide services required for the administration of criminal justice pursuant
to that agreement if the agreement specifically authorizes access to data,
limits the use of data to purposes for which given and ensures the security and
confidentiality of the data consistent with this section.

9. With individuals and
agencies for the express purpose of research, evaluative or statistical
activities pursuant to an agreement with a criminal justice agency if the
agreement specifically authorizes access to data, limits the use of data to
research, evaluative or statistical purposes and ensures the confidentiality
and security of the data consistent with this section.

10. With the auditor
general for audit purposes.

11. With central state
repositories of other states for noncriminal justice purposes for dissemination
in accordance with the laws of those states.

12. On submission of the
fingerprint card, with the department of child safety and a tribal social
services agency to provide criminal history record information on prospective
adoptive parents for the purpose of conducting the preadoption certification
investigation under title 8, chapter 1, article 1 if the department of
economic security is conducting the investigation, or with an agency or a
person appointed by the court, if the agency or person is conducting the
investigation. Information received under this paragraph shall only
be used for the purposes of the preadoption certification investigation.

13. With the department of
child safety, a tribal social services agency and the superior court for the
purpose of evaluating the fitness of custodians or prospective custodians of
juveniles, including parents, relatives and prospective guardians. Information
received under this paragraph shall only be used for the purposes of that
evaluation. The information shall be provided on submission of
either:

(a) The fingerprint card.

(b) The name, date of
birth and social security number of the person.

14. On submission of a
fingerprint card, provide criminal history record information to the superior
court for the purpose of evaluating the fitness of investigators appointed
under section 14-5303 or 14-5407, guardians appointed under section
14-5206 or 14-5304 or conservators appointed under section 14-5401.

15. With the supreme court
to provide criminal history record information on prospective fiduciaries
pursuant to section 14-5651.

16. With the department of
juvenile corrections to provide criminal history record information pursuant to
section 41-2814.

17. On submission of the
fingerprint card, provide criminal history record information to the Arizona
peace officer standards and training board or a board certified law enforcement
academy to evaluate the fitness of prospective cadets.

18. With the internet sex
offender website database established pursuant to section 13-3827.

19. With licensees of the
United States nuclear regulatory commission for the purpose of determining
whether an individual should be granted unescorted access to the protected area
of a commercial nuclear generating station on submission of the subject of
record's fingerprints and the prescribed fee.

20. With the state board
of education for the purpose of evaluating the fitness of a certificated
educator, an applicant for a teaching or administrative certificate or a
noncertificated person as defined in section 15-505 if the state board of
education or its employees or agents have reasonable suspicion that the
educator or person engaged in conduct that would be a criminal violation of the
laws of this state or was involved in immoral or unprofessional conduct or that
the applicant engaged in conduct that would warrant disciplinary action if the
applicant were certificated at the time of the alleged conduct. The
information shall be provided on the submission of either:

(a) The fingerprint card.

(b) The name, date of birth and social security
number of the person.

21. With each school district and charter school in
this state
and with each qualified school that accepts payment
from the parent of one or more qualified students pursuant to title 15, chapter
19
.� The department of education and the state board for charter schools
shall provide the department of public safety with a current list of email
addresses for each school district
,

and

charter school
and qualified school
in this state and
shall periodically provide the department of public safety with updated email
addresses. If the department of public safety is notified that a
person who is required to have a fingerprint clearance card to be employed by
or to engage in volunteer activities at a school district
,

or
charter school
or qualified school
has
been arrested for or convicted of an offense listed in section 41-1758.03,
subsection B or has been arrested for or convicted of an offense that amounts
to unprofessional conduct under section 15-550, the department of public
safety shall notify each school district
,

and

charter school
and qualified school
in this state that
the person's fingerprint clearance card has been suspended or revoked.

22. With a tribal social services agency and the
department of child safety as provided by law, which currently is the Adam
Walsh child protection and safety act of 2006 (42 United States Code section
16961), for the purposes of investigating or responding to reports of child
abuse, neglect or exploitation.� Information received pursuant to this
paragraph from the national crime information center, the interstate
identification index and the Arizona criminal justice information system
network shall only be used for the purposes of investigating or responding as
prescribed in this paragraph. The information shall be provided on
submission to the department of public safety of either:

(a) The fingerprints of the person being
investigated.

(b) The name, date of birth and social security
number of the person.

23. With a nonprofit organization that interacts
with children or vulnerable adults for the lawful purpose of evaluating the
fitness of all current and prospective employees, contractors and volunteers of
the organization. The criminal history record information shall be
provided on submission of the applicant's fingerprint card and the prescribed
fee.� Fingerprints submitted pursuant to this paragraph may be searched by the
department to conduct state criminal history records checks.

24. With the superior court for the purpose of
determining an individual's eligibility for substance abuse and treatment
courts in a family or juvenile case.

25. With the governor to provide criminal history
record information on prospective gubernatorial nominees, appointees and
employees as provided by law.

H. The director shall adopt rules necessary to
execute this section.

I. The director, in the manner prescribed by law,
shall remove and destroy records that the director determines are no longer of
value in the detection or prevention of crime.

J. The director shall
establish a fee in an amount necessary to cover the cost of federal noncriminal
justice fingerprint processing for criminal history record information checks
that are authorized by law for noncriminal justice employment, licensing or
other lawful purposes. An additional fee may be charged by the
department for state noncriminal justice fingerprint
processing. Fees submitted to the department for state noncriminal
justice fingerprint processing are not refundable.

K. The director shall
establish a fee in an amount necessary to cover the cost of processing copies
of department reports, eight by ten inch black and white photographs or eight
by ten inch color photographs of traffic accident scenes.

L. Except as provided in
subsection O of this section, each agency authorized by this section may charge
a fee, in addition to any other fees prescribed by law, in an amount necessary
to cover the cost of state and federal noncriminal justice fingerprint
processing for criminal history record information checks that are authorized
by law for noncriminal justice employment, licensing or other lawful purposes.

M. A fingerprint account
within the records processing fund is established for the purpose of separately
accounting for the collection and payment of fees for noncriminal justice
fingerprint processing by the department. Monies collected for this
purpose shall be credited to the account, and payments by the department to the
United States for federal noncriminal justice fingerprint processing shall be
charged against the account. Monies in the account not required for
payment to the United States shall be used by the department in support of the
department's noncriminal justice fingerprint processing duties. At
the end of each fiscal year, any balance in the account not required for
payment to the United States or to support the department's noncriminal justice
fingerprint processing duties reverts to the state general fund.

N. A records processing
fund is established for the purpose of separately accounting for the collection
and payment of fees for department reports and photographs of traffic accident
scenes processed by the department. Monies collected for this
purpose shall be credited to the fund and shall be used by the department in
support of functions related to providing copies of department reports and
photographs.� At the end of each fiscal year, any balance in the fund not
required for support of the functions related to providing copies of department
reports and photographs reverts to the state general fund.

O. The department of child
safety may pay from appropriated monies the cost of federal fingerprint
processing or federal criminal history record information checks that are
authorized by law for employees and volunteers of the department, guardians
pursuant to section 8-453, subsection A, paragraph 6, the licensing of
foster parents or the certification of adoptive parents.

P. The director shall
adopt rules that provide for:

1. The collection and
disposition of fees pursuant to this section.

2. The refusal of service
to those agencies that are delinquent in paying these fees.

Q. The director shall
ensure that the following limitations are observed regarding dissemination of
criminal justice information obtained from the central state repository or
through the Arizona criminal justice information system:

1. Any criminal justice
agency that obtains criminal justice information from the central state
repository or through the Arizona criminal justice information system assumes
responsibility for the security of the information and shall not secondarily
disseminate this information to any individual or agency not authorized to
receive this information directly from the central state repository or
originating agency.

2. Dissemination to an
authorized agency or individual may be accomplished by a criminal justice
agency only if the dissemination is for criminal justice purposes in connection
with the prescribed duties of the agency and not in violation of this section.

3. Criminal history record
information disseminated to noncriminal justice agencies or to individuals
shall be used only for the purposes for which it was
given. Secondary dissemination is prohibited unless otherwise
authorized by law.

4. The existence or
nonexistence of criminal history record information shall not be confirmed to
any individual or agency not authorized to receive the information itself.

5. Criminal history record
information to be released for noncriminal justice purposes to agencies of
other states shall only be released to the central state repositories of those
states for dissemination in accordance with the laws of those states.

6. Criminal history record
information shall be released to noncriminal justice agencies of the federal
government pursuant to the terms of the federal security clearance information
act (P.L. 99-169).

R. This section and the
rules adopted under this section apply to all agencies and individuals
collecting, storing or disseminating criminal justice information processed by
manual or automated operations if the collection, storage or dissemination is
funded in whole or in part with monies made available by the law enforcement
assistance administration after July 1, 1973, pursuant to title I of the crime
control act of 1973, and to all agencies that interact with or receive criminal
justice information from or through the central state repository and through
the Arizona criminal justice information system.

S. This section does not
apply to criminal history record information contained in:

1. Posters, arrest
warrants, announcements or lists for identifying or apprehending fugitives or
wanted persons.

2. Original records of
entry such as police blotters maintained by criminal justice agencies, compiled
chronologically and required by law or long-standing custom to be made
public if these records are organized on a chronological basis.

3. Transcripts or records
of judicial proceedings if released by a court or legislative or administrative
proceedings.

4. Announcements of
executive clemency or pardon.

5. Computer databases,
other than the Arizona criminal justice information system, that are
specifically designed for community notification of an offender's presence in
the community pursuant to section 13-3825 or for public informational
purposes authorized by section 13-3827.

T. This section does not
prevent a criminal justice agency from disclosing to the public criminal
history record information that is reasonably contemporaneous to the event for
which an individual is currently within the criminal justice system, including
information noted on traffic accident reports concerning citations, blood
alcohol tests or arrests made in connection with the traffic accident being
investigated.

U. In order to ensure that
complete and accurate criminal history record information is maintained and
disseminated by the central state repository:

1. The booking agency
shall take legible ten-print fingerprints of all persons who are arrested
for offenses listed in subsection C of this section. The booking
agency shall obtain a process control number and provide to the person
fingerprinted a document that indicates proof of the fingerprinting and that
informs the person that the document must be presented to the court.

2. Except as provided in
paragraph 3 of this subsection, if a person is summoned to court as a result of
an indictment or complaint for an offense listed in subsection C of this
section, the court shall order the person to appear before the county sheriff
and provide legible ten-print fingerprints. The county sheriff
shall obtain a process control number and provide a document to the person
fingerprinted that indicates proof of the fingerprinting and that informs the
person that the document must be presented to the court. For the
purposes of this paragraph, "summoned" includes a written promise to
appear by the defendant on a uniform traffic ticket and complaint.

3. If a person is arrested
for a misdemeanor offense listed in subsection C of this section by a city or
town law enforcement agency, the person shall appear before the law enforcement
agency that arrested the defendant and provide legible ten-print
fingerprints.� The law enforcement agency shall obtain a process control number
and provide a document to the person fingerprinted that indicates proof of the
fingerprinting and that informs the person that the document must be presented
to the court.

4. The mandatory
fingerprint compliance form shall contain the following information:

(a) Whether ten-print
fingerprints have been obtained from the person.

(b) Whether a process
control number was obtained.

(c) The offense or
offenses for which the process control number was obtained.

(d) Any report number of
the arresting authority.

(e) Instructions on
reporting for ten-print fingerprinting, including available times and
locations for reporting for ten-print fingerprinting.

(f) Instructions that
direct the person to provide the form to the court at the person's next court
appearance.

5. Within ten days after a
person is fingerprinted, the arresting authority or agency that took the
fingerprints shall forward the fingerprints to the department in the manner or
form required by the department.

6. On the issuance of a
summons for a defendant who is charged with an offense listed in subsection C
of this section, the summons shall direct the defendant to provide ten-print
fingerprints to the appropriate law enforcement agency.

7. At the initial
appearance or on the arraignment of a summoned defendant who is charged with an
offense listed in subsection C of this section, if the person does not present
a completed mandatory fingerprint compliance form to the court or if the court
has not received the process control number, the court shall order that within
twenty calendar days the defendant be ten-print fingerprinted at a
designated time and place by the appropriate law enforcement agency.

8. If the defendant fails
to present a completed mandatory fingerprint compliance form or if the court
has not received the process control number, the court, on its own motion, may
remand the defendant into custody for ten-print
fingerprinting. If otherwise eligible for release, the defendant
shall be released from custody after being ten-print fingerprinted.

9. In every criminal case
in which the defendant is incarcerated or fingerprinted as a result of the
charge, an originating law enforcement agency or prosecutor, within forty days
of the disposition, shall advise the central state repository of all
dispositions concerning the termination of criminal proceedings against an
individual arrested for an offense specified in subsection C of this section.�
This information shall be submitted on a form or in a manner required by the
department.

10. Dispositions resulting
from formal proceedings in a court having jurisdiction in a criminal action
against an individual who is arrested for an offense specified in subsection C
of this section or section 8-341, subsection Q, paragraph 3 shall be
reported to the central state repository within forty days of the date of the
disposition.� This information shall be submitted on a form or in a manner
specified by rules approved by the supreme court.

11. The state department
of corrections or the department of juvenile corrections, within forty days,
shall advise the central state repository that it has assumed supervision of a
person convicted of an offense specified in subsection C of this section or
section 8-341, subsection Q, paragraph 3. The state department
of corrections or the department of juvenile corrections shall also report
dispositions that occur thereafter to the central state repository within forty
days of the date of the dispositions. This information shall be
submitted on a form or in a manner required by the department of public safety.

12. Each criminal justice
agency shall query the central state repository before dissemination of any
criminal history record information to ensure the completeness of the
information. Inquiries shall be made before any dissemination except
in those cases in which time is of the essence and the repository is
technically incapable of responding within the necessary time
period. If time is of the essence, the inquiry shall still be made
and the response shall be provided as soon as possible.

V. The director shall
adopt rules specifying that any agency that collects, stores or disseminates
criminal justice information that is subject to this section shall establish
effective security measures to protect the information from unauthorized
access, disclosure, modification or dissemination. The rules shall
include reasonable safeguards to protect the affected information systems from
fire, flood, wind, theft, sabotage or other natural or man-made hazards
or disasters.

W. The department shall
make available to agencies that contribute to, or receive criminal justice
information from, the central state repository or through the Arizona criminal
justice information system a continuing training program in the proper methods
for collecting, storing and disseminating information in compliance with this
section.

X. This section does not
create a cause of action or a right to bring an action
,

including an action based on discrimination due to sexual orientation.

Y. The definition
prescribed in subsection Z, paragraph 3 of this section does not diminish or
infringe on any rights protected under the first amendment to the United States
constitution or the Arizona constitution.

Z. For the purposes of this section:

1. "Administration of criminal justice"
means performance of the detection, apprehension, detention, pretrial release,
posttrial release, prosecution, adjudication, correctional supervision or
rehabilitation of criminal offenders. Administration of criminal
justice includes enforcement of criminal traffic offenses and civil traffic
violations, including parking violations, when performed by a criminal justice
agency.� Administration of criminal justice also includes criminal
identification activities and the collection, storage and dissemination of
criminal history record information.

2. "Administrative
records" means records that contain adequate and proper documentation of
the organization, functions, policies, decisions, procedures and essential
transactions of the agency and that are designed to furnish information to
protect the rights of this state and of persons directly affected by the
agency's activities.

3. "Antisemitism"
includes the definition of antisemitism that was adopted by the international
holocaust remembrance alliance on May 26, 2016 and that has been adopted by the
United States department of state, including the contemporary examples of
antisemitism identified in the adopted definition.

4. "Arizona criminal
justice information system" or "system" means the statewide
information system managed by the director for the collection, processing,
preservation, dissemination and exchange of criminal justice information and
includes the electronic equipment, facilities, procedures and agreements
necessary to exchange this information.

5. "Biometric
data" means any physical characteristics, including fingerprints and palm
prints and face, tattoo and iris images.

6. "Booking
agency" means the county sheriff or, if a person is booked into a municipal
jail, the municipal law enforcement agency.

7. "Central state
repository" means the central location within the department for the
collection, storage and dissemination of Arizona criminal history records and
related criminal justice information.

8. "Criminal history
record information" and "criminal history record" means
information that is collected by criminal justice agencies on individuals and
that consists of identifiable descriptions and notations of arrests,
detentions, indictments and other formal criminal charges, and any disposition
arising from those actions, sentencing, formal correctional supervisory action
and release. Criminal history record information and criminal
history record do not include identification information to the extent that the
information does not indicate involvement of the individual in the criminal
justice system or information relating to juveniles unless they have been
adjudicated as adults.

9. "Criminal justice agency" means either:

(a) A court at any governmental level with criminal
or equivalent jurisdiction, including courts of any foreign sovereignty duly
recognized by the federal government.

(b) A government agency or
subunit of a government agency that is specifically authorized to perform as
its principal function the administration of criminal justice pursuant to a
statute, ordinance or executive order and that allocates more than fifty
percent of its annual budget to the administration of criminal
justice. This subdivision includes agencies of any foreign
sovereignty duly recognized by the federal government.

10. "Criminal justice
information" means information that is collected by criminal justice
agencies and that is needed for the performance of their legally authorized and
required functions, such as criminal history record information, citation
information, stolen property information, traffic accident reports, wanted
persons information and system network log searches. Criminal
justice information does not include the administrative records of a criminal
justice agency.

11. "Disposition"
means information disclosing that a decision has been made not to bring
criminal charges or that criminal proceedings have been concluded or
information relating to sentencing, correctional supervision, release from
correctional supervision, the outcome of an appellate review of criminal
proceedings or executive clemency.

12. "Dissemination"
means the written, oral or electronic communication or transfer of criminal
justice information to individuals and agencies other than the criminal justice
agency that maintains the information. Dissemination includes the
act of confirming the existence or nonexistence of criminal justice
information.

13.
"Management
control":

(a) Means the authority to
set and enforce:

(i) Priorities regarding
development and operation of criminal justice information systems and programs.

(ii) Standards for the
selection, supervision and termination of personnel involved in the development
of criminal justice information systems and programs and in the collection,
maintenance, analysis and dissemination of criminal justice information.

(iii) Policies governing
the operation of computers, circuits and telecommunications terminals used to
process criminal justice information to the extent that the equipment is used
to process, store or transmit criminal justice information.

(b) Includes the
supervision of equipment, systems design, programming and operating procedures
necessary for the development and implementation of automated criminal justice
information systems.

14.
"Process
control number" means the Arizona automated fingerprint identification
system number that attaches to each arrest event at the time of fingerprinting
and that is assigned to the arrest fingerprint card, disposition form and other
pertinent documents.

15. "qualified
school" has the same meaning prescribed in section 15-2401.

15.

16.
"Rap back services" means real-time or
near real-time notifications of activity, such as arrests on an individual, for
authorized criminal justice or noncriminal justice purposes in which continuous
evaluation of the individual's criminal history is required.

16.

17.
"Secondary dissemination" means the
dissemination of criminal justice information from an individual or agency that
originally obtained the information from the central state repository or
through the Arizona criminal justice information system to another individual
or agency.

17.

18.
"Sexual orientation" means consensual
homosexuality or heterosexuality.

18.

19.
"Subject of record" means the person
who is the primary subject of a criminal justice record.
END_STATUTE

Sec. 8. Section 41-1758, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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 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,
the board of massage therapy, the board of behavioral health examiners 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.

(c) Section 8-322.

(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 15-2407.

(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 32-3271.

(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 32-4128.

(pp)

(
qq
)
Section 32-4222.

(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 36-1940.

(ddd)

(
eee
)
Section 36-1940.01.

(eee)

(
fff
)
Section 36-2069.

(fff)

(
ggg
)
Section 36-3008.

(ggg)

(
hhh
)
Section 41-619.52.

(hhh)

(
iii
)
Section 41-619.53.

(iii)

(
jjj
)
Section 41-1964.

(jjj)

(
kkk
)
Section 41-1967.01.

(kkk)

(
lll
)
Section 41-1968.

(lll)

(
mmm
)
Section 41-1969.

(mmm)

(
nnn
)
Section 41-2814.

(nnn)

(
ooo
)
Section 41-4025.

(ooo)

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

(ppp)

(
qqq
)
Section 46-321.

6. "Rap back services" has the same
meaning prescribed in section 41-1750.

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

Sec. 9. Section 41-1758.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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,
15-2407,
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, 32-3271, 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, 36-1940, 36-1940.01, 36-2069, 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. 10. Section 41-1758.08, Arizona Revised
Statutes, is amended to read:

START_STATUTE
41-1758.08.

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 15-2407
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. 11.
Fingerprinting requirement; current school
personnel

Notwithstanding section 15-2407,
subsection A, Arizona Revised Statutes, as added by this act, current school
personnel, as defined in section 15-2407, Arizona Revised Statutes, as
added by this act, must comply with the fingerprint clearance card requirements
prescribed in section 15-2407, Arizona Revised Statutes, as added by this
act, within six months after the effective date of this act.