Bill Text: AZ HB2247 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: School bus drivers; fingerprint cards
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-04-26 - Chapter 196 [HB2247 Detail]
Download: Arizona-2017-HB2247-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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HOUSE BILL 2247 |
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AN ACT
amending sections 28‑3228, 41‑619.51, 41‑1758 and 41‑1758.01, Arizona Revised Statutes; relating to school bus drivers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3228, Arizona Revised Statutes, is amended to read:
28-3228. School bus drivers; requirements; rules; cancellation
A. A person shall not operate a school bus transporting school children unless the person possesses the appropriate license class for the size of school bus being operated that is issued by the department of transportation, a bus endorsement that is issued by the department of transportation and a school bus certificate that is issued by the department of public safety.
B. To be certified as a school bus driver a person shall do both of the following:
1. Meet and maintain the minimum standards prescribed by this section and rules adopted by the department of public safety in consultation with the school bus advisory council established by section 28‑3053.
2. Complete an initial instructional course on school bus driver safety and training including behind the wheel training.
C. The department of public safety in consultation with the school bus advisory council established by section 28‑3053 shall adopt rules that establish minimum standards for the certification of school bus drivers. In cooperation with local school districts, the department of public safety shall provide for school bus driver safety and training courses. The standards established shall:
1. Include requirements concerning moral character, knowledge of school bus operation, pupil and motor vehicle safety, physical impairments that might affect the applicant's ability to safely operate a school bus or that might endanger the health or safety of school bus passengers, knowledge of first aid, establishment of school bus safety and training courses, a refresher course to be completed on at least a biennial basis and other matters as the department of public safety and the school bus advisory council established by section 28‑3053 prescribe for the protection of the public.
2. Require tests to detect the presence of alcohol or the use of a drug in violation of title 13, chapter 34 that may adversely affect the ability of the applicant to safely operate a school bus.
3. Authorize the performance of hearing tests with or without the use of a hearing aid as provided in 49 Code of Federal Regulations section 391.41.
D. Each applicant person who applies for a school bus driver certificate shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 and shall submit an identity verified fingerprint card as described in section 15‑106 that the department of public safety may exchange this fingerprint data with the federal bureau of investigation. For the purposes of this subsection, each applicant shall pay a fee to the department of public safety to reimburse the department of public safety for the cost of obtaining the criminal records check required by this subsection. The fee shall not exceed the actual cost of obtaining the criminal records check shall use to process the fingerprint clearance card as outlined in section 15‑106.
E. A person who is issued a school bus driver certificate shall maintain a valid identity verified fingerprint clearance card for the duration of any school bus driver certification period.
F. The department of public safety shall suspend a school bus driver certificate if the fingerprint clearance card is invalid, suspended, canceled or revoked.
E. G. The department of public safety shall issue a school bus driver certificate to an applicant who meets the requirements of this section. The certificate is valid if the applicant maintains the minimum standards established by this section.
F. H. The department of public safety may cancel the certificate if the person's license to drive is suspended, canceled, revoked or disqualified. The department of public safety shall cancel the certificate if the person fails to maintain the minimum standards established pursuant to this section. A person whose application for a certificate is refused or whose certificate is canceled for failure to meet or maintain the minimum standards may request and receive a hearing from the department of public safety.
G. I. The department of public safety shall enforce the rules adopted pursuant to this section.
Sec. 2. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners or the Arizona state board of pharmacy.
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 8‑105.
(b) Section 8‑322.
(c) Section 8‑463.
(d) Section 8‑509.
(e) Section 8‑802.
(f) Section 8‑804.
(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 17‑215.
(p) Section 28‑3228.
(p) (q) Section 28‑3413.
(q) (r) Section 32‑1232.
(r) (s) Section 32‑1284.
(s) (t) Section 32‑1297.01.
(t) (u) Section 32‑1904.
(u) (v) Section 32‑2108.01.
(v) (w) Section 32‑2123.
(w) (x) Section 32‑2371.
(x) (y) Section 32‑3620.
(y) (z) Section 32‑3668.
(z) (aa) Section 32‑3669.
(aa) (bb) Section 36‑207.
(bb) (cc) Section 36‑411.
(cc) (dd) Section 36‑425.03.
(dd) (ee) Section 36‑446.04.
(ee) (ff) Section 36‑594.01.
(ff) (gg) Section 36‑594.02.
(gg) (hh) Section 36‑882.
(hh) (ii) Section 36‑883.02.
(ii) (jj) Section 36‑897.01.
(jj) (kk) Section 36‑897.03.
(kk) (ll) Section 36‑3008.
(ll) (mm) Section 41‑619.53.
(mm) (nn) Section 41‑1964.
(nn) (oo) Section 41‑1967.01.
(oo) (pp) Section 41‑1968.
(pp) (qq) Section 41‑1969.
(qq) (rr) Section 41‑2814.
(rr) (ss) Section 46‑141, subsection A.
(ss) (tt) Section 46‑321.
Sec. 3. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners or the Arizona state board of pharmacy.
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 8‑105.
(b) Section 8‑322.
(c) Section 8‑463.
(d) Section 8‑509.
(e) Section 8‑802.
(f) Section 15‑183.
(g) Section 15‑503.
(h) Section 15‑512.
(i) Section 15‑534.
(j) Section 15‑763.01.
(k) Section 15‑782.02.
(l) Section 15‑1330.
(m) Section 15‑1881.
(n) Section 17‑215.
(o) Section 28‑3228.
(o) (p) Section 28-3413.
(p) (q) Section 32‑1232.
(q) (r) Section 32‑1284.
(r) (s) Section 32‑1297.01.
(s) (t) Section 32‑1904.
(t) (u) Section 32‑2108.01.
(u) (v) Section 32‑2123.
(v) (w) Section 32‑2371.
(w) (x) Section 32‑3620.
(x) (y) Section 32‑3668.
(y) (z) Section 32‑3669.
(z) (aa) Section 36‑207.
(aa) (bb) Section 36‑411.
(bb) (cc) Section 36‑425.03.
(cc) (dd) Section 36‑446.04.
(dd) (ee) Section 36‑594.01.
(ee) (ff) Section 36‑594.02.
(ff) (gg) Section 36‑882.
(gg) (hh) Section 36‑883.02.
(hh) (ii) Section 36‑897.01.
(ii) (jj) Section 36‑897.03.
(jj) (kk) Section 36‑3008.
(kk) (ll) Section 41‑619.52.
(ll) (mm) Section 41‑619.53.
(mm) (nn) Section 41‑1964.
(nn) (oo) Section 41‑1967.01.
(oo) (pp) Section 41‑1968.
(pp) (qq) Section 41‑1969.
(qq) (rr) Section 41‑2814.
(rr) (ss) Section 46‑141, subsection A.
(ss) (tt) Section 46‑321.
6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 4. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3228, 28‑3413, 32‑1232, 32‑1284, 32‑1297.01, 32‑1904, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 5. Current certified school bus drivers
A. On or before December 31, 2018, a person who is certified as a school bus driver pursuant to section 28‑3228, Arizona Revised Statutes, before the effective date of this act must obtain a valid fingerprint clearance card and submit an identity verified fingerprint card as prescribed by section 28‑3228, Arizona Revised Statutes, as amended by this act, to maintain certification.
B. A person who is certified as a school bus driver pursuant to section 28-3228 who holds a valid fingerprint clearance card prior to the effective date of this act may use their current valid fingerprint clearance card to satisfy the new requirements of this act until such fingerprint clearance card expires.
