Bill Text: AZ SB1520 | 2011 | Fiftieth Legislature 1st Regular | Introduced
Bill Title: Arizona background clearance card
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-12 - House majority caucus: Do pass [SB1520 Detail]
Download: Arizona-2011-SB1520-Introduced.html
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REFERENCE TITLE: Arizona background clearance card |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SB 1520 |
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Introduced by Senator Crandall
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AN ACT
amending sections 8-105, 8-322, 8-509, 8-802, 15-106, 15-183, 15-203, 15-503, 15-512, 15-531.01, 15-534, 15-550, 15-763.01, 15-1330, 15-1881, 26-103, 32-2108, 32-2108.01, 32-2123, 32-3280, 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, 38‑431.08, 41-619.51, 41-619.52, 41-619.53, 41-619.55, 41-619.56, 41-1092.02, 41-1750, 41-1758, 41-1758.01, 41-1758.02, 41-1758.03, 41-1758.04, 41-1758.05, 41-1758.06 and 41-1758.07, Arizona Revised Statutes; amending title 41, chapter 12, article 3.1, Arizona Revised Statutes, by adding section 41‑1758.08; amending sections 41-1964, 41-1967, 41-1967.01, 41-1968, 41-1969, 41-2814, 41-3013.12, 46-141 and 46-321, Arizona Revised Statutes; changing the designation of title 41, chapter 3, article 12, Arizona Revised Statutes, to "board of Arizona background clearance cards"; relating to the Arizona background clearance card.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-105, Arizona Revised Statutes, is amended to read:
8-105. Preadoption certification; investigation; central adoption registry
A. Before any prospective adoptive parent may petition to adopt a child the person shall be certified by the court as acceptable to adopt children. A certificate shall be issued only after an investigation conducted by an officer of the court, by an agency or by the division. A written application for certification shall be made directly to the court, to an agency or to the division, in the form and content required by the court, agency or division.
B. The division is not required to accept every application for certification. In determining which applications to accept the division may give priority to applications filed by adult residents of this state who wish to adopt a child who has any special needs as defined in section 8‑141.
C. After receiving and accepting the written and completed application of the prospective adoptive parent or parents, which shall include a financial statement and a physician's or a registered nurse practitioner's statement of each applicant's physical health, the division, the agency or an officer of the court shall conduct or cause to be conducted an investigation of the prospective adoptive parent or parents to determine if they are fit and proper persons to adopt children.
D. The division shall not present for certification a prospective adoptive parent unless that person and each other adult member of the household have a valid fingerprint clearance card or a valid arizona background clearance card issued pursuant to section 41-1758.07. The prospective adoptive parent and each other adult member of the household must certify on forms that are provided by the division and that are notarized whether that person is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
E. An officer of the court may obtain a state and federal criminal records check investigation pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation title 41, chapter 12, article 3.1.
F. This investigation and report to the court shall consider all relevant and material facts dealing with the prospective adoptive parents' fitness to adopt children and shall include:
1. A complete social history.
2. The financial condition of the applicant.
3. The moral fitness of the applicant.
4. The religious background of the applicant.
5. The physical and mental health condition of the applicants.
6. Any court action for or adjudication of child abuse, abandonment of children, dependency or termination of parent‑child relationship in which the applicant had control, care or custody of the child who was the subject of the action.
7. Whether the person or persons wish to be placed on the central registry established in subsection M of this section.
8. All other facts bearing on the issue of the fitness of the prospective adoptive parents that the court, agency or division may deem relevant.
G. The investigator shall not reveal to the prospective adoptive parents the identity of a child or the child's parent or parents and shall not reveal to the child or the child's parent or parents the identity of the prospective adoptive parents if these facts are not already known.
H. Within ninety days after the original application prescribed by subsection A of this section has been accepted, the division or the agency or a person or agency designated by the court to conduct an investigation shall present to the juvenile court the written report required by subsection F of this section, which shall include a definite recommendation for certifying the applicant as being acceptable or nonacceptable to adopt children and the reasons for the recommendation.
I. Within sixty days after receiving the investigation report required by subsections F and H of this section, the court shall certify the applicant as being acceptable or nonacceptable to adopt children based on the investigation report and recommendations of the report. A certification remains in effect for eighteen months from the date of its issuance and may be extended for additional one year periods if after review the court finds that there have been no material changes in circumstances that would adversely affect the acceptability of the applicant to adopt.
J. The court may require additional investigation if it finds that additional information is necessary on which to make an appropriate decision regarding certification.
K. Any applicant who has been certified as nonacceptable may petition the court to review such that certification. Notice shall be given to all interested parties and the matter shall be heard by the court, which may affirm or reverse the certification.
L. If the applicant is certified as nonacceptable, the applicant may not reapply for certification to the court, to any agency or to the division for one year.
M. The division shall maintain a central adoption registry that includes the names of all prospective adoptive parents currently certified by the court as acceptable to adopt children, except those who request that their names not be included, the names of all children who are under the jurisdiction of the division and who are currently available for adoption, the names of any other children who are currently available for adoption and whose names are voluntarily entered in the registry by any agency, parent or other person that has the right to give consent to the child's adoption, and other information as the division may elect to include in aid of adoptive placements. Access to information in the registry shall be made available on request to any agency under assurances as the division may require that the information sought is in furtherance of adoptive placements and that confidentiality of the information is preserved.
N. This section does not apply if:
1. The prospective adoptive parent is the spouse of the birth or legal parent of the child to be adopted or is an uncle, aunt, adult sibling, grandparent or great‑grandparent of the child of the whole or half‑blood or by marriage or adoption.
2. The birth or legal parent is deceased but at the time of death the parent had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the birth or legal parent during the twenty‑four months before the death of the parent.
3. The grandparent, great‑grandparent, aunt, adult sibling or uncle is deceased but at the time of death that person had legal and physical custody of the child to be adopted and the child had resided primarily with the spouse of the grandparent, great‑grandparent, aunt, adult sibling or uncle during the twenty‑four months before the death of the grandparent, great‑grandparent, aunt, adult sibling or uncle.
O. If the applicant has adopted a child within three years preceding the current application and is applying to adopt another child or is a foster parent who is licensed by this state, the division or agency or a person designated by the court to conduct an investigation shall only provide an update updated report on any changes in circumstances that have occurred since the previous certification or licensing report. If the applicant has adopted a child more than three years before the current application and is applying to adopt another child, the division or agency or a person designated by the court to conduct an investigation may provide an updated report on any changes in circumstances that have occurred since the previous certification or licensing report. The court shall certify the applicant as acceptable to adopt unless there are changes in circumstances that adversely affect the applicant's parenting ability. In making this determination, the court shall consider information from the prior certification or licensing report.
Sec. 2. Section 8-322, Arizona Revised Statutes, is amended to read:
8-322. Juvenile probation services fund; program and contract requirements
A. The juvenile probation services fund is established. The supreme court shall administer the fund. Monies in the juvenile probation services fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
B. The supreme court shall allocate monies in the fund or appropriated to the superior court's juvenile probation services fund line based on its determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall require that the presiding juvenile court judge submit in accordance with rules of the supreme court a plan for the expenditure of monies that are allocated to the juvenile court pursuant to this section. The supreme court may reject a plan or a modification of a plan that is submitted pursuant to this subsection.
C. Monies shall be used to fund programs, the participation in which a juvenile probation officer or community based alternative program administered by the juvenile court has required as a condition of diversion pursuant to section 8‑321. Monies shall also be used to fund programs to reduce the number of repetitive juvenile offenders and to provide services for juveniles who are on probation, including treatment, testing, independent living programs and residential, foster and shelter care, and for children who are referred to the juvenile court for incorrigibility or delinquency offenses. Monies may be used to provide the cost of care for persons who are under twenty‑one years of age and who were placed in an independent living program or in foster care before eighteen years of age, who voluntarily remain in care and who are currently enrolled in and regularly attending any high school or certificate of equivalency program. Pursuant to section 8‑341, subsection N, monies may also be used to provide services for persons who are under twenty‑one years of age and who voluntarily participate in treatment. Except pursuant to section 8‑341, subsection N, the cost of care shall not be continued for a person who has received a high school diploma or certificate of equivalency. These services shall be approved by the supreme court. The juvenile court may develop and staff such programs, or the supreme court may enter into the purchase of service contracts with community youth serving agencies.
D. The administrative office of the courts may use monies appropriated to the fund for the purchase of detention facilities, to expand existing detention centers or to contract with private and public entities to expand or operate secure care facilities.
E. All monies that are distributed or expended from the fund shall be used to supplement, not supplant, funding to the juvenile court by the county.
F. The supreme court shall contract for a periodic evaluation to determine if the provisions of this article reduce the number of repetitive juvenile offenders. The supreme court shall send a copy of the evaluation to the speaker of the house of representatives, the president of the senate and the governor.
G. A contract that is entered into between the supreme court or the county attorney and any contract provider to provide services pursuant to section 8‑321 or this section to juveniles shall provide that, as a condition of employment, personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have valid fingerprint Arizona background clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment.
H. An applicant for an Arizona background clearance card shall apply directly with an authorized investigative provider and shall pay for the cost of the investigation relating to the Arizona background clearance card. The contractor shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel verify that the Arizona background clearance card has been issued before allowing employment.
I. A service contract or license with any contract provider that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections L and M of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections L and M of this section in this state or of acts committed in another jurisdiction that would be offenses in this state or if the person does not possess a valid fingerprint clearance card or a valid Arizona background clearance card or is denied issuance of a valid fingerprint Arizona background clearance card.
J. A contract provider may avoid cancellation or termination of the contract or license under subsection I of this section if a person who does not possess or a valid fingerprint clearance card or a valid Arizona background clearance card, who has been denied issuance of a valid fingerprint Arizona background clearance card or who certifies pursuant to subsections L and M of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41‑1758.03, subsection B is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing contact with juveniles.
K. A contract provider may avoid cancellation or termination of the contract or license under subsection I of this section if a person who does not possess or a valid fingerprint clearance card or a valid Arizona background clearance card, who has been denied issuance of a valid fingerprint arizona background clearance card or who certifies pursuant to subsections L and M of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41‑1758.03, subsection C is immediately prohibited from employment or service with the licensee or contract provider in any capacity requiring or allowing the person to provide direct services to juveniles unless the person is granted a good cause exception pursuant to section 41‑619.55.
L. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency or an authorized investigative provider and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41‑1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.
M. Personnel who are employed by any contract provider, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the contracting agency or an authorized investigative provider and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.
N. Federally recognized Indian tribes or military bases may submit and the supreme court shall accept certifications that state that personnel who are employed or who will be employed during the contract term and who provide services directly to juveniles have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection L of this section.
O. Adult clients of a contract provider who are receiving treatment services are exempt from the requirements of this section, unless they provide services directly to juveniles without supervision.
P. Volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting Arizona background clearance card requirements of this section.
Q. The contracting employing agency shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona Background clearance card if the contracting employing agency receives credible evidence that a person who possesses a valid fingerprint clearance card the cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection L of this section.
Sec. 3. Section 8-509, Arizona Revised Statutes, is amended to read:
8-509. Licensing of foster homes; renewal of license; provisional license
A. The division shall license and certify foster homes. Licenses are valid for a period of one year.
B. The division shall not issue a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved initial foster parent training as set forth in section 8‑503 and that each foster parent and each other adult member of the household has a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07. The foster parent and each other adult member of the household must certify on forms that are provided by the division and that are notarized whether the foster parent or other adult member of the household is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
C. The division shall not renew a license without satisfactory proof that the foster parent or parents have completed six actual hours of approved ongoing foster parent training as set forth in section 8‑503.
D. Notwithstanding the requirements of subsections B and C of this section, if the division determines a condition of hardship to the foster parent or parents, the division may issue a provisional license for a period not to exceed six months. A provisional license may not be renewed.
E. Child welfare agencies that submit foster homes for licensing shall conduct an investigation of the foster home pursuant to licensing rules of the division. The division shall conduct investigations of all other foster homes. If the foster home meets all requirements set by the division, the agency shall submit an application stating the foster home's qualifications to the division. The agency may also recommend the types of licensing and certification to be granted to the foster home.
F. The division shall accept an adoptive home certification study as a licensing home study if the study has been updated within the past three months to include the information necessary to determine whether the home meets foster care licensing standards.
G. This section shall not apply when the child is placed in a home by a means other than by court order and when the home receives no compensation from the state or any political subdivision of the state.
H. The division shall not prohibit a person operating a licensed foster home from applying for or receiving compensation as a foster home parent due to employment with the state of Arizona.
Sec. 4. Section 8-802, Arizona Revised Statutes, is amended to read:
8-802. Child protective services worker; Arizona background clearance cards; powers and duties; alteration of files; violation; classification
A. The department of economic security shall employ child protective services workers. All persons who are employed as child protective services workers shall have a valid fingerprint clearance card or a valid Arizona background clearance card that is issued pursuant to section 41‑1758.07 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment. A child protective services worker shall certify on forms that are provided by the department of economic security and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
B. The department may cooperate with county agencies and community social services agencies to achieve the purposes of this chapter.
C. A child protective services worker shall:
1. Promote the safety and protection of children.
2. Accept, screen and assess reports of abuse or neglect:
(a) Pursuant to section 8‑817.
(b) In level I residential treatment centers or in level II or level III behavioral health residential agencies that are licensed by the department of health services.
3. Receive reports of dependent, abused or abandoned children and be prepared to provide temporary foster care for these children on a twenty‑four hour basis.
4. Receive from any source oral or written information regarding a child who may be in need of protective services. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:
(a) The child initiates contact with the worker.
(b) The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 5, subdivision (b) of this subsection.
(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.
5. After the receipt of any report or information pursuant to paragraph 2, 3 or 4 of this subsection, immediately do both of the following:
(a) Notify the municipal or county law enforcement agency.
(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the allegation that the child should be adjudicated dependent and the name, age and condition of other children in the home. A criminal conduct allegation shall be investigated according to the protocols established pursuant to section 8‑817 with the appropriate municipal or county law enforcement agency as provided in section 8‑817.
6. Take a child into temporary custody as provided in section 8‑821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.
7. After investigation, evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The child protective services worker shall then determine whether any child is in need of protective services.
8. Offer to the family of any child who is found to be a child in need of protective services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.
9. Submit a written report of the worker's investigation to:
(a) The department's case management information system within a reasonable time period that does not exceed forty-five days after receipt of the initial information except as provided in section 8‑811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department of economic security under this title, a copy of the report and any additional investigative or other related reports shall be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.
(b) The appropriate court forty‑eight hours before a dependency hearing pursuant to a petition of dependency or within twenty‑one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.
10. Accept a child into voluntary placement pursuant to section 8‑806.
11. Make a good faith effort to promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child. As part of the good faith effort, the child protective services worker shall ask the parent, guardian or custodian under investigation if a current court order exists.
D. A child shall not remain in temporary custody for a period exceeding seventy‑two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. If a petition is not filed and the child is released to the child's parent, guardian or custodian, the worker shall file a report of removal with the central registry within seventy‑two hours of the child's release. The report shall include:
1. The dates of previous referrals, investigations or temporary custody.
2. The dates on which other children in the family have been taken into temporary custody.
E. The department shall provide child protective services workers who investigate allegations of abuse and neglect with training in forensic interviewing and processes, the protocols established pursuant to section 8‑817 and relevant law enforcement procedures. All child protective services workers shall be trained in their duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime. The training for child protective services workers shall also include instruction on the legal rights of parents and the requirements for legal search and seizure by law enforcement officers.
F. In conducting an investigation pursuant to this section, if the worker is made aware that an allegation of abuse or neglect may also have been made in another state, the worker shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.
G. Any person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor.
Sec. 5. Section 15-106, Arizona Revised Statutes, is amended to read:
15-106. Arizona background clearance card application and card identity verification
A. Beginning on January 1, 2008 2012, all background clearance card applicants shall undergo an identity verification as prescribed in section 41-1758.08. 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 obtain an Arizona background clearance card in order to teach in a charter school and an applicant who is required to obtain or renew fingerprints an arizona background clearance card in order to continue teaching in a charter school pursuant to section 15‑183, an applicant who is required to be fingerprinted obtain an Arizona background clearance card pursuant to section 15‑512 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 an application for an Arizona background clearance card that will be used by the department of public safety an authorized investigative provider to process the Arizona background 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 an authorized investigative provider as prescribed in section 41-1758.08.
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 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. 2. 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 An authorized investigative provider shall reject the application for a fingerprint an Arizona background clearance card if the application is not correct or is not submitted according to the instructions provided by the department of public safety authorized investigative provider.
5. 3. 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 an Arizona background clearance card, the fingerprint card with the requisite demographic information set forth on the application and the required fee in the form of a credit card or a money order or cashier's check made out payable to the department of public safety authorized investigative provider that is performing the investigation. 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, 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. 4. The department of public safety authorized investigative provider shall process the application packet in the same manner prescribed for fingerprint Arizona background clearance cards issued pursuant to title 41, chapter 12, article 3.1.
7. 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.
8. A person who has a set of identity verified fingerprints on file with the department of public safety pursuant to this section shall 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.
9. B. 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 not be required to obtain a fingerprint an Arizona background clearance card pursuant to this section.
Sec. 6. Section 15-183, Arizona Revised Statutes, is amended to read:
15-183. Charter schools; application; requirements; immunity; exemptions; renewal of application; reprisal; fee; fund
A. An applicant seeking to establish a charter school shall submit a written application to a proposed sponsor as prescribed in subsection C of this section. The application shall include a detailed business plan for the charter school and may include a mission statement for the charter school, a description of the charter school's organizational structure and the governing body, a financial plan for the first three years of operation of the charter school, a description of the charter school's hiring policy, the name of the charter school's applicant or applicants and requested sponsor, a description of the charter school's facility and the location of the school, a description of the grades being served and an outline of criteria designed to measure the effectiveness of the school.
B. The sponsor of a charter school may contract with a public body, private person or private organization for the purpose of establishing a charter school pursuant to this article.
C. The sponsor of a charter school may be either a school district governing board, the state board of education, the state board for charter schools, a university under the jurisdiction of the Arizona board of regents, a community college district with enrollment of more than fifteen thousand full‑time equivalent students or a group of community college districts with a combined enrollment of more than fifteen thousand full‑time equivalent students, subject to the following requirements:
1. For charter schools that submit an application for sponsorship to a school district governing board:
(a) An applicant for a charter school may submit its application to a school district governing board, which shall either accept or reject sponsorship of the charter school within ninety days. An applicant may submit a revised application for reconsideration by the governing board. If the governing board rejects the application, the governing board shall notify the applicant in writing of the reasons for the rejection. The applicant may request, and the governing board may provide, technical assistance to improve the application.
(b) In the first year that a school district is determined to be out of compliance with the uniform system of financial records, within fifteen days of the determination of noncompliance, the school district shall notify by certified mail each charter school sponsored by the school district that the school district is out of compliance with the uniform system of financial records. The notification shall include a statement that if the school district is determined to be out of compliance for a second consecutive year, the charter school will be required to transfer sponsorship to another entity pursuant to subdivision (c) of this paragraph.
(c) In the second consecutive year that a school district is determined to be out of compliance with the uniform system of financial records, within fifteen days of the determination of noncompliance, the school district shall notify by certified mail each charter school sponsored by the school district that the school district is out of compliance with the uniform system of financial records. A charter school that receives a notification of school district noncompliance pursuant to this subdivision shall file a written sponsorship transfer application within forty‑five days with the state board of education, the state board for charter schools or the school district governing board if the charter school is located within the geographic boundaries of that school district. A charter school that receives a notification of school district noncompliance may request an extension of time to file a sponsorship transfer application, and the state board of education, the state board for charter schools or a school district governing board may grant an extension of not more than an additional thirty days if good cause exists for the extension. The state board of education and the state board for charter schools shall approve a sponsorship transfer application pursuant to this paragraph.
(d) A school district governing board shall not grant a charter to a charter school that is located outside the geographic boundaries of that school district.
(e) A school district that has been determined to be out of compliance with the uniform system of financial records during either of the previous two fiscal years shall not sponsor a new or transferring charter school.
2. The applicant may submit the application to the state board of education or the state board for charter schools. The state board of education or the state board for charter schools may approve the application if the application meets the requirements of this article and may approve the charter if the proposed sponsor determines, within its sole discretion, that the applicant is sufficiently qualified to operate a charter school and that the applicant is applying to operate as a separate charter holder by considering factors such as whether:
(a) The schools have separate governing bodies, governing body membership, staff, facilities, and student population.
(b) Daily operations are carried out by different administrators.
(c) The applicant intends to have an affiliation agreement for the purpose of providing enrollment preferences.
(d) The applicant's charter management organization has multiple charter holders serving varied grade configurations on one physical site or nearby sites serving one community.
(e) It is reconstituting an existing school site population at the same or new site.
(f) It is reconstituting an existing grade configuration from a prior charter holder with at least one grade remaining on the original site with the other grade or grades moving to a new site.
The state board of education or the state board for charter schools may approve any charter schools transferring charters. The state board of education and the state board for charter schools shall approve any charter schools transferring charters from a school district that is determined to be out of compliance with the uniform system of financial records pursuant to this section, but may require the charter school to sign a new charter that is equivalent to the charter awarded by the former sponsor. If the state board of education or the state board for charter schools rejects the preliminary application, the state board of education or the state board for charter schools shall notify the applicant in writing of the reasons for the rejection and of suggestions for improving the application. An applicant may submit a revised application for reconsideration by the state board of education or the state board for charter schools. The applicant may request, and the state board of education or the state board for charter schools may provide, technical assistance to improve the application.
3. The applicant may submit the application to a university under the jurisdiction of the Arizona board of regents, a community college district or a group of community college districts. A university, a community college district or a group of community college districts may approve the application if it meets the requirements of this article and if the proposed sponsor determines, in its sole discretion, that the applicant is sufficiently qualified to operate a charter school.
4. Each applicant seeking to establish a charter school shall submit a full set of fingerprints to the approving agency an Arizona background clearance card application to an authorized investigative provider for the purpose of obtaining a state and federal criminal records check investigation pursuant to section 41‑1750 and Public Law 92‑544 title 41, chapter 12, article 3.1. If an applicant will have direct contact with students, the applicant shall possess a valid fingerprint clearance card or a valid Arizona background clearance card that is issued pursuant to title 41, chapter 12, article 3.1. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The criminal records check investigation and issuance of the Arizona background clearance card shall be completed before the issuance of a charter.
5. All persons engaged in instructional work directly as a classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist or principal shall have a valid fingerprint clearance card or a valid Arizona background clearance card that is issued pursuant to title 41, chapter 12, article 3.1, unless the person is a volunteer or guest speaker who is accompanied in the classroom by a person with a valid fingerprint clearance card or a valid Arizona background clearance card. A charter school shall not employ a teacher whose certificate has been revoked for a violation of section 15‑507 or 15‑550 or for any offense that placed a pupil in danger. All other personnel shall be have a valid fingerprint checked clearance card or a valid Arizona background clearance card pursuant to section 15‑512. Before employment, the charter school shall make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations that may be relevant to a person's fitness for employment as prescribed in section 15‑512, subsection F. The charter school shall notify the department of public safety or the authorized investigative provider if the person possesses an Arizona background clearance card if the charter school or sponsor receives credible evidence that a person who possesses a valid fingerprint clearance card or a valid Arizona background clearance card is arrested for or is charged with an offense listed in section 41‑1758.03, subsection B. Charter schools may hire personnel that have not yet received a fingerprint an arizona background clearance card if proof is provided of the submission of an application to the department of public safety an authorized investigative provider for a fingerprint an Arizona background clearance card and if the charter school that is seeking to hire the applicant does all of the following:
(a) Documents in the applicant's file the necessity for hiring and placement of the applicant before receiving a fingerprint an Arizona background clearance card.
(b) Ensures and verifies that the department of public safety authorized investigative provider completes a statewide criminal records check investigation on the applicant and issues an Arizona background clearance card within thirty days. A statewide criminal records check shall be completed by the department of public safety every one hundred twenty days until the date that the fingerprint check is completed.
(c) Obtains references from the applicant's current employer and the two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.
(d) Provides general supervision of the applicant until the date that the fingerprint Arizona background clearance card is obtained.
(e) Completes a search of criminal records in all local jurisdictions outside of this state in which the applicant has lived in the previous five years.
(f) Verifies the fingerprint status of the applicant with the department of public safety.
6. A charter school that complies with the fingerprinting Arizona background clearance card requirements of this section shall be is deemed to have complied with section 15-512 and is entitled to the same rights and protections provided to school districts by section 15-512.
7. If a charter school operator is not already subject to a public meeting or hearing by the municipality in which the charter school is located, the operator of a charter school shall conduct a public meeting at least thirty days before the charter school operator opens a site or sites for the charter school. The charter school operator shall post notices of the public meeting in at least three different locations that are within three hundred feet of the proposed charter school site.
8. A person who is employed by a charter school or who is an applicant for employment with a charter school, who is arrested for or charged with a nonappealable offense listed in section 41-1758.03, subsection B and who does not immediately report the arrest or charge to the person's supervisor or potential employer is guilty of unprofessional conduct and the person shall be immediately dismissed from employment with the charter school or immediately excluded from potential employment with the charter school.
9. A person who is employed by a charter school and who is convicted of any nonappealable offense listed in section 41-1758.03, subsection B or is convicted of any nonappealable offense that amounts to unprofessional conduct under section 15‑550 shall immediately do all of the following:
(a) Surrender any certificates issued by the department of education.
(b) Notify the person's employer or potential employer of the conviction.
(c) Notify the department of public safety of the conviction if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an arizona Background clearance card.
(d) Surrender the person's fingerprint clearance card or Arizona background clearance card.
D. An entity that is authorized to sponsor charter schools pursuant to this article has no legal authority over or responsibility for a charter school sponsored by a different entity. This subsection does not apply to the state board of education's duty to exercise general supervision over the public school system pursuant to section 15‑203, subsection A, paragraph 1.
E. The charter of a charter school shall ensure the following:
1. Compliance with federal, state and local rules, regulations and statutes relating to health, safety, civil rights and insurance. The department of education shall publish a list of relevant rules, regulations and statutes to notify charter schools of their responsibilities under this paragraph.
2. That it is nonsectarian in its programs, admission policies and employment practices and all other operations.
3. That it provides a comprehensive program of instruction for at least a kindergarten program or any grade between grades one and twelve, except that a school may offer this curriculum with an emphasis on a specific learning philosophy or style or certain subject areas such as mathematics, science, fine arts, performance arts or foreign language.
4. That it designs a method to measure pupil progress toward the pupil outcomes adopted by the state board of education pursuant to section 15‑741.01, including participation in the Arizona instrument to measure standards test and the nationally standardized norm‑referenced achievement test as designated by the state board and the completion and distribution of an annual report card as prescribed in chapter 7, article 3 of this title.
5. That, except as provided in this article and in its charter, it is exempt from all statutes and rules relating to schools, governing boards and school districts.
6. That, except as provided in this article, it is subject to the same financial and electronic data submission requirements as a school district, including the uniform system of financial records as prescribed in chapter 2, article 4 of this title, procurement rules as prescribed in section 15‑213 and audit requirements. The auditor general shall conduct a comprehensive review and revision of the uniform system of financial records to ensure that the provisions of the uniform system of financial records that relate to charter schools are in accordance with commonly accepted accounting principles used by private business. A school's charter may include exceptions to the requirements of this paragraph that are necessary as determined by the district governing board, the state board of education or the state board for charter schools. The department of education or the office of the auditor general may conduct financial, program or compliance audits.
7. Compliance with all federal and state laws relating to the education of children with disabilities in the same manner as a school district.
8. That it provides for a governing body for the charter school that is responsible for the policy decisions of the charter school. Notwithstanding section 1-216, if there is a vacancy or vacancies on the governing body, a majority of the remaining members of the governing body constitute a quorum for the transaction of business, unless that quorum is prohibited by the charter school's operating agreement.
9. That it provides a minimum of one hundred seventy‑five instructional days before June 30 of each fiscal year unless it is operating on an alternative calendar approved by its sponsor. The superintendent of public instruction shall adjust the apportionment schedule accordingly to accommodate a charter school utilizing an alternative calendar.
F. The charter of a charter school shall include a description of the charter school's personnel policies, personnel qualifications and method of school governance and the specific role and duties of the sponsor of the charter school. A charter school shall keep on file the resumes of all current and former employees who provide instruction to pupils at the charter school. Resumes shall include an individual's educational and teaching background and experience in a particular academic content subject area. A charter school shall inform parents and guardians of the availability of the resume information and shall make the resume information available for inspection on request of parents and guardians of pupils enrolled at the charter school. Nothing in this subsection shall be construed to require any charter school to release personally identifiable information in relation to any teacher or employee, including the teacher's or employee's address, salary, social security number or telephone number.
G. The charter of a charter school may be amended at the request of the governing body of the charter school and on the approval of the sponsor.
H. Charter schools may contract, sue and be sued.
I. An approved plan to establish a charter school is effective for fifteen years from the first day of the fiscal year the charter school is in operation, subject to the following:
1. At least eighteen months before the expiration of the approved plan, the sponsor shall notify the charter school that the charter school may apply for renewal. A charter school that elects to apply for renewal shall file an application for renewal at least fifteen months before the expiration of the approved plan. In addition to any other requirements, the application for renewal shall include a detailed business plan for the charter school, a review of fiscal audits and academic performance data for the charter school that are annually collected by the sponsor and a review of the current contract between the sponsor and the charter school. The sponsor may deny the request for renewal if, in its judgment, the charter school has failed to complete the obligations of the contract or has failed to comply with this article. A sponsor shall give written notice of its intent not to renew the charter school's request for renewal to the charter school at least twelve months before the expiration of the approved plan to allow the charter school an opportunity to apply to another sponsor to transfer the operation of the charter school. If the operation of the charter school is transferred to another sponsor, the fifteen year period of the current charter shall be maintained.
2. A charter operator may apply for early renewal. At least nine months before the charter school's intended renewal consideration, the operator of the charter school shall submit a letter of intent to the sponsor to apply for early renewal. The sponsor shall review fiscal audits and academic performance data for the charter school that are annually collected by the sponsor, review the current contract between the sponsor and the charter school and provide the qualifying charter school with a renewal application. On submission of a complete application, the sponsor shall give written notice of its consideration of the renewal application.
3. A sponsor shall review a charter at five year intervals and may revoke a charter at any time if the charter school breaches one or more provisions of its charter. At least ninety days before the effective date of the proposed revocation the sponsor shall give written notice to the operator of the charter school of its intent to revoke the charter. Notice of the sponsor's intent to revoke the charter shall be delivered personally to the operator of the charter school or sent by certified mail, return receipt requested, to the address of the charter school. The notice shall incorporate a statement of reasons for the proposed revocation of the charter. The sponsor shall allow the charter school at least ninety days to correct the problems associated with the reasons for the proposed revocation of the charter. The final determination of whether to revoke the charter shall be made at a public hearing called for such purpose.
J. The charter may be renewed for successive periods of twenty years if the sponsor deems that the school is in compliance with its own charter and this article.
K. A charter school that is sponsored by the state board of education, the state board for charter schools, a university, a community college district or a group of community college districts may not be located on the property of a school district unless the district governing board grants this authority.
L. A governing board or a school district employee who has control over personnel actions shall not take unlawful reprisal against another employee of the school district because the employee is directly or indirectly involved in an application to establish a charter school. A governing board or a school district employee shall not take unlawful reprisal against an educational program of the school or the school district because an application to establish a charter school proposes the conversion of all or a portion of the educational program to a charter school. For the purposes of this subsection, "unlawful reprisal" means an action that is taken by a governing board or a school district employee as a direct result of a lawful application to establish a charter school and that is adverse to another employee or an education program and:
1. With respect to a school district employee, results in one or more of the following:
(a) Disciplinary or corrective action.
(b) Detail, transfer or reassignment.
(c) Suspension, demotion or dismissal.
(d) An unfavorable performance evaluation.
(e) A reduction in pay, benefits or awards.
(f) Elimination of the employee's position without a reduction in force by reason of lack of monies or work.
(g) Other significant changes in duties or responsibilities that are inconsistent with the employee's salary or employment classification.
2. With respect to an educational program, results in one or more of the following:
(a) Suspension or termination of the program.
(b) Transfer or reassignment of the program to a less favorable department.
(c) Relocation of the program to a less favorable site within the school or school district.
(d) Significant reduction or termination of funding for the program.
M. Charter schools shall secure insurance for liability and property loss. The governing body of a charter school that is sponsored by the state board of education or the state board for charter schools may enter into an intergovernmental agreement or otherwise contract to participate in an insurance program offered by a risk retention pool established pursuant to section 11‑952.01 or 41‑621.01 or the charter school may secure its own insurance coverage. The pool may charge the requesting charter school reasonable fees for any services it performs in connection with the insurance program.
N. Charter schools do not have the authority to acquire property by eminent domain.
O. A sponsor, including members, officers and employees of the sponsor, is immune from personal liability for all acts done and actions taken in good faith within the scope of its authority.
P. Charter school sponsors and this state are not liable for the debts or financial obligations of a charter school or persons who operate charter schools.
Q. The sponsor of a charter school shall establish procedures to conduct administrative hearings on determination by the sponsor that grounds exist to revoke a charter. Procedures for administrative hearings shall be similar to procedures prescribed for adjudicative proceedings in title 41, chapter 6, article 10. Except as provided in section 41‑1092.08, subsection H, final decisions of the state board of education and the state board for charter schools from hearings conducted pursuant to this subsection are subject to judicial review pursuant to title 12, chapter 7, article 6.
R. The sponsoring entity of a charter school shall have oversight and administrative responsibility for the charter schools that it sponsors.
S. Charter schools may pledge, assign or encumber their assets to be used as collateral for loans or extensions of credit.
T. All property accumulated by a charter school shall remain the property of the charter school.
U. Charter schools may not locate a school on property that is less than one‑fourth mile from agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the charter school may locate a school within the affected buffer zone. The agreement may include any stipulations regarding the charter school, including conditions for future expansion of the school and changes in the operational status of the school that will result in a breach of the agreement.
V. A transfer of a charter to another sponsor, a transfer of a charter school site to another sponsor or a transfer of a charter school site to a different charter shall be completed before the beginning of the fiscal year that the transfer is scheduled to become effective. An entity that sponsors charter schools may accept a transferring school after the beginning of the fiscal year if the transfer is approved by the superintendent of public instruction. The superintendent of public instruction shall have the discretion to consider each transfer during the fiscal year on a case by case basis. If a charter school is sponsored by a school district that is determined to be out of compliance with this title, the uniform system of financial records or any other state or federal law, the charter school may transfer to another sponsoring entity at any time during the fiscal year.
W. Notwithstanding subsection X of this section, the state board for charter schools shall charge a processing fee to any charter school that amends their its contract to participate in the Arizona online instruction program pursuant to section 15-808. The charter Arizona online instruction processing fund is established consisting of fees collected and administered by the state board for charter schools. The state board for charter schools shall use monies in the fund only for the processing of contract amendments for charter schools participating in Arizona online instruction programs. Monies in the fund are continuously appropriated.
X. The sponsoring entity may not charge any fees to a charter school that it sponsors unless the sponsor has provided services to the charter school and the fees represent the full value of those services provided by the sponsor. On request, the value of the services provided by the sponsor to the charter school shall be demonstrated to the department of education.
Y. Charter schools may enter into an intergovernmental agreement with a presiding judge of the juvenile court to implement a law related education program as defined in section 15‑154. The presiding judge of the juvenile court may assign juvenile probation officers to participate in a law related education program in any charter school in the county. The cost of juvenile probation officers who participate in the program implemented pursuant to this subsection shall be funded by the charter school.
Z. The sponsor of a charter school shall modify previously approved curriculum requirements for a charter school that wishes to participate in the board examination system prescribed in chapter 7, article 6 of this title.
AA. If a charter school decides not to participate in the board examination system prescribed in chapter 7, article 6 of this title, pupils enrolled at that charter school may earn a Grand Canyon diploma by obtaining a passing score on the same board examinations.
Sec. 7. Section 15-203, Arizona Revised Statutes, is amended to read:
15-203. Powers and duties
A. The state board of education shall:
1. Exercise general supervision over and regulate the conduct of the public school system and adopt any rules and policies it deems necessary to accomplish this purpose.
2. Keep a record of its proceedings.
3. Make rules for its own government.
4. Determine the policy and work undertaken by it.
5. Appoint its employees, on the recommendation of the superintendent of public instruction.
6. Prescribe the duties of its employees if not prescribed by statute.
7. Delegate to the superintendent of public instruction the execution of board policies and rules.
8. Recommend to the legislature changes or additions to the statutes pertaining to schools.
9. Prepare, publish and distribute reports concerning the educational welfare of this state.
10. Prepare a budget for expenditures necessary for proper maintenance of the board and accomplishment of its purposes and present the budget to the legislature.
11. Aid in the enforcement of laws relating to schools.
12. Prescribe a minimum course of study in the common schools, minimum competency requirements for the promotion of pupils from the third grade and minimum course of study and competency requirements for the promotion of pupils from the eighth grade. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.
13. Prescribe minimum course of study and competency requirements for the graduation of pupils from high school. The state board of education shall prepare a fiscal impact statement of any proposed changes to the minimum course of study or competency requirements and, on completion, shall send a copy to the director of the joint legislative budget committee and the executive director of the school facilities board. The state board of education shall not adopt any changes in the minimum course of study or competency requirements in effect on July 1, 1998 that will have a fiscal impact on school capital costs.
14. Supervise and control the certification of persons engaged in instructional work directly as any classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist, principal or superintendent in a school district, including school district preschool programs, or any other educational institution below the community college, college or university level, and prescribe rules for certification, including rules for certification of teachers who have teaching experience and who are trained in other states, which are not unnecessarily restrictive and are substantially similar to the rules prescribed for the certification of teachers trained in this state. The rules shall:
(a) Allow a variety of alternative teacher and administrator preparation programs, with variations in program sequence and design, to apply for program approval. The State board shall adopt rules pursuant to this subdivision designed to allow for a variety of formats and shall not require a prescribed answer or design from the program provider in order to obtain approval from the state board. The state board shall evaluate each program provider based on the program's ability to prepare teachers and administrators and to recruit teachers and administrators with a variety of experiences and talents. The state board shall permit universities under the jurisdiction of the Arizona board of regents, community colleges in this state, private postsecondary institutions licensed by this state, school districts, charter schools and professional organizations to apply for program approval and shall create application procedures and certification criteria that are less restrictive than those for traditional preparation programs. Alternative preparation program graduates shall:
(i) Hold a bachelor's degree from an accredited postsecondary education institution.
(ii) Demonstrate professional knowledge and subject knowledge proficiency pursuant to section 15‑533.
(iii) Obtain a fingerprint clearance card or an Arizona background clearance card pursuant to section 15-534.
(iv) Complete training in structured English immersion as prescribed by the state board.
(v) Complete training in research based systematic phonics instruction as prescribed in subdivision (b) of this paragraph.
(vi) Demonstrate the required proficiency in the constitutions of the United States and Arizona as prescribed in section 15‑532.
(b) Require applicants for all certificates for common school instruction to complete a minimum of forty‑five classroom hours or three college level credit hours, or the equivalent, of training in research based systematic phonics instruction from a public or private provider.
(c) Not require a teacher to obtain a master's degree or to take any additional graduate courses as a condition of certification or recertification.
(d) Allow a general equivalency diploma to be substituted for a high school diploma in the certification of emergency substitute teachers.
(e) Allow but shall not require the superintendent of a school district to obtain certification from the state board of education.
15. Adopt a list of approved tests for determining special education assistance to gifted pupils as defined in and as provided in chapter 7, article 4.1 of this title. The adopted tests shall provide separate scores for quantitative reasoning, verbal reasoning and nonverbal reasoning and shall be capable of providing reliable and valid scores at the highest ranges of the score distribution.
16. Adopt rules governing the methods for the administration of all proficiency examinations.
17. Adopt proficiency examinations for its use. The state board of education shall determine the passing score for the proficiency examination.
18. Include within its budget the cost of contracting for the purchase, distribution and scoring of the examinations as provided in paragraphs 16 and 17 of this subsection.
19. Supervise and control the qualifications of professional nonteaching school personnel and prescribe standards relating to qualifications. The standards shall not require the business manager of a school district to obtain certification from the state board of education.
20. Impose such disciplinary action, including the issuance of a letter of censure, suspension, suspension with conditions or revocation of a certificate, upon a finding of immoral or unprofessional conduct.
21. Establish an assessment, data gathering and reporting system for pupil performance as prescribed in chapter 7, article 3 of this title.
22. Adopt a rule to promote braille literacy pursuant to section 15‑214.
23. Adopt rules prescribing procedures for the investigation by the department of education of every written complaint alleging that a certificated person has engaged in immoral conduct.
24. For purposes of federal law, serve as the state board for vocational and technological education and meet at least four times each year solely to execute the powers and duties of the state board for vocational and technological education.
25. Develop and maintain a handbook for use in the schools of this state that provides guidance for the teaching of moral, civic and ethical education. The handbook shall promote existing curriculum frameworks and shall encourage school districts to recognize moral, civic and ethical values within instructional and programmatic educational development programs for the general purpose of instilling character and ethical principles in pupils in kindergarten programs and grades one through twelve.
26. Require pupils to recite the following passage from the declaration of independence for pupils in grades four through six at the commencement of the first class of the day in the schools, except that a pupil shall not be required to participate if the pupil or the pupil's parent or guardian objects:
We hold these truths to be self‑evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. . . .
27. Adopt rules that provide for teacher certification reciprocity. The rules shall provide for a one year reciprocal teaching certificate with minimum requirements, including valid teacher certification from a state with substantially similar criminal history or teacher fingerprinting background clearance card requirements and proof of the submission of an application for a fingerprint an Arizona background clearance card pursuant to title 41, chapter 12, article 3.1.
28. Adopt rules that provide for the presentation of an honorary high school diploma to a person who has never obtained a high school diploma and who meets both of the following requirements:
(a) Currently resides in this state.
(b) Provides documented evidence from the Arizona department of veterans' services that the person enlisted in the armed forces of the United States and served in World War I, World War II, the Korean conflict or the Vietnam conflict.
29. Cooperate with the Arizona‑Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the duties of the department of education and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona‑Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona‑Mexico region.
30. Adopt rules to define and provide guidance to schools as to the activities that would constitute immoral or unprofessional conduct of certificated persons.
31. Adopt guidelines to encourage pupils in grades nine, ten, eleven and twelve to volunteer for twenty hours of community service before graduation from high school. A school district that complies with the guidelines adopted pursuant to this paragraph is not liable for damages resulting from a pupil's participation in community service unless the school district is found to have demonstrated wanton or reckless disregard for the safety of the pupil and other participants in community service. For the purposes of this paragraph, "community service" may include service learning. The guidelines shall include the following:
(a) A list of the general categories in which community service may be performed.
(b) A description of the methods by which community service will be monitored.
(c) A consideration of risk assessment for community service projects.
(d) Orientation and notification procedures of community service opportunities for pupils entering grade nine, including the development of a notification form. The notification form shall be signed by the pupil and the pupil's parent or guardian, except that a pupil shall not be required to participate in community service if the parent or guardian notifies the principal of the pupil's school in writing that the parent or guardian does not wish the pupil to participate in community service.
(e) Procedures for a pupil in grade nine to prepare a written proposal that outlines the type of community service that the pupil would like to perform and the goals that the pupil hopes to achieve as a result of community service. The pupil's written proposal shall be reviewed by a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator for that school. The pupil may alter the written proposal at any time before performing community service.
(f) Procedures for a faculty advisor, a guidance counselor or any other school employee who is designated as the community service program coordinator to evaluate and certify the completion of community service performed by pupils.
32. To facilitate the transfer of military personnel and their dependents to and from the public schools of this state, pursue, in cooperation with the Arizona board of regents, reciprocity agreements with other states concerning the transfer credits for military personnel and their dependents. A reciprocity agreement entered into pursuant to this paragraph shall:
(a) Address procedures for each of the following:
(i) The transfer of student records.
(ii) Awarding credit for completed course work.
(iii) Permitting a student to satisfy the graduation requirements prescribed in section 15-701.01 through the successful performance on comparable exit-level assessment instruments administered in another state.
(b) Include appropriate criteria developed by the state board of education and the Arizona board of regents.
33. Adopt guidelines that school district governing boards shall use in identifying pupils who are eligible for gifted programs and in providing gifted education programs and services. The state board of education shall adopt any other guidelines and rules that it deems necessary in order to carry out the purposes of chapter 7, article 4.1 of this title.
34. For each of the alternative textbook formats of human-voiced audio, large-print and braille, designate alternative media producers to adapt existing standard print textbooks or to provide specialized textbooks, or both, for pupils with disabilities in this state. Each alternative media producer shall be capable of producing alternative textbooks in all relevant subjects in at least one of the alternative textbook formats. The board shall post the designated list of alternative media producers on its website.
35. Adopt a list of approved professional development training providers for use by school districts as provided in section 15-107, subsection J. The professional development training providers shall meet the training curriculum requirements determined by the state board of education in at least the areas of school finance, governance, employment, staffing, inventory and human resources, internal controls and procurement.
36. Adopt rules to prohibit a person who violates the notification requirements prescribed in section 15-183, subsection C, paragraph 8 or section 15‑550, subsection C from certification pursuant to this title until the person is no longer charged or is acquitted of any offenses listed in section 41‑1758.03, subsection B. The board shall also adopt rules to prohibit a person who violates the notification requirements, certification surrender requirements or fingerprint clearance card or arizona background clearance card surrender requirements prescribed in section 15-183, subsection C, paragraph 9 or section 15‑550, subsection D from certification pursuant to this title for at least ten years after the date of the violation.
37. Adopt rules for the alternative certification of teachers of nontraditional foreign languages that allow for the passing of a nationally accredited test to substitute for the education coursework required for certification.
38. On or before December 15, 2011, adopt and maintain a model framework for a teacher and principal evaluation instrument that includes quantitative data on student academic progress that accounts for between thirty‑three per cent and fifty per cent of the evaluation outcomes and best practices for professional development and evaluator training. School districts and charter schools shall use an instrument that meets the data requirements established by the state board of education to annually evaluate individual teachers and principals beginning in school year 2012-2013.
B. The state board of education may:
1. Contract.
2. Sue and be sued.
3. Distribute and score the tests prescribed in chapter 7, article 3 of this title.
4. Provide for an advisory committee to conduct hearings and screenings to determine whether grounds exist to impose disciplinary action against a certificated person, whether grounds exist to reinstate a revoked or surrendered certificate and whether grounds exist to approve or deny an initial application for certification or a request for renewal of a certificate. The board may delegate its responsibility to conduct hearings and screenings to its advisory committee. Hearings shall be conducted pursuant to title 41, chapter 6, article 6.
5. Proceed with the disposal of any complaint requesting disciplinary action or with any disciplinary action against a person holding a certificate as prescribed in subsection A, paragraph 14 of this section after the suspension or expiration of the certificate or surrender of the certificate by the holder.
6. Assess costs and reasonable attorney fees against a person who files a frivolous complaint or who files a complaint in bad faith. Costs assessed pursuant to this paragraph shall not exceed the expenses incurred by the state board in the investigation of the complaint.
Sec. 8. Section 15-503, Arizona Revised Statutes, is amended to read:
15-503. Superintendents, principals, head teachers and school psychologists; term of employment; evaluation; contract delivery; nonretention notice
A. The governing board may:
1. Employ a superintendent or principal, or both. If the governing board employs a superintendent, the governing board shall determine the qualifications for the superintendent by action taken at a public meeting. The governing board shall require a superintendent to have a valid fingerprint clearance card or a valid arizona background clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
2. Appoint a head teacher.
3. Jointly with another governing board employ a superintendent or a principal, or both. If the governing board jointly employs a superintendent, the governing boards shall jointly determine the qualifications for the superintendent by action taken at a public meeting. The governing boards shall require a superintendent to have a valid fingerprint clearance card or a valid arizona background clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
B. The term of employment of superintendents or principals may be for any period not exceeding three years, except that if the superintendent's or principal's contract with the school district is for multiple years pursuant to this subsection the school district shall not offer to extend or renegotiate the contract until May of the year preceding the final year of the contract. The school district governing board or the governing body of the charter school shall communicate the superintendent's or principal's duties with respect to the classroom site fund established by section 15‑977.
C. The governing board shall establish systems for the evaluation of the performance of principals and other school administrators and certificated school psychologists in the school district. In the development and adoption of these performance evaluation systems, the governing board shall avail itself of the advice of its administrators and certificated school psychologists. Each evaluation shall include recommendations as to areas of improvement in the performance of the certificated school psychologist if the performance of the certificated school psychologist warrants improvement. After transmittal of an assessment, a board designee shall confer with the certificated school psychologist to make specific recommendations as to areas of improvement in the certificated school psychologist's performance. The board designee shall provide assistance and opportunities for the certificated school psychologist to improve his performance and shall follow up with the certificated school psychologist after a reasonable period of time for the purpose of ascertaining that the certificated school psychologist is demonstrating adequate performance. The evaluation process for certificated school psychologists shall include appeal procedures for certificated school psychologists who disagree with the evaluation of their performance, if the evaluation is for use as criteria for establishing compensation or dismissal.
D. On or before May 15 each year, the governing board shall offer a contract for the next school year to each certified administrator and certificated school psychologist who is in the last year of his contract unless, on or before April 15, the governing board, a member of the board acting on behalf of the board or the superintendent of the school district gives notice to the administrator or certificated school psychologist of the board's intention not to offer a new contract. If the governing board has called for an override election for the third Tuesday in May as provided in section 15‑481, the governing board shall offer a contract for the next school year to each certified administrator or certificated school psychologist who is in the last year of his contract on or before June 15 unless, no later than five days after the override election excluding Saturday, Sunday and legal holidays, the governing board, a member of the board acting on behalf of the board or the superintendent of the school district gives notice to the administrator or the certificated school psychologist of the board's intention not to offer a new contract. The administrator's or the certificated school psychologist's acceptance of the contract shall be indicated within thirty days from the date of the written contract or the offer is revoked. The administrator or certificated school psychologist accepts the contract by signing the contract and returning it to the governing board or by making a written instrument that accepts the terms of the contract and delivering the written instrument to the governing board.
E. Notice of the board's intention not to reemploy the administrator or certificated school psychologist shall be made by delivering the notice personally to the administrator or the certificated school psychologist or by sending the notice by certified mail, postmarked on or before the applicable deadline prescribed in subsection D of this section, and directed to the administrator or the certificated school psychologist at his place of residence as recorded in the school district records.
Sec. 9. Section 15-512, Arizona Revised Statutes, is amended to read:
15-512. Noncertificated personnel; Arizona background clearance card requirements; background investigations; affidavit; civil immunity; violation; classification; definition
A. Noncertificated personnel and personnel who are not paid employees of the school district and who are not either the parent or the guardian of a pupil who attends school in the school district but who are required or allowed to provide services directly to pupils without the supervision of a certificated employee and who are initially hired by a school district after January 1, 1990 shall be fingerprinted have a valid fingerprint clearance card or a valid arizona background clearance card pursuant to title 41, chapter 12, article 3.1 as a condition of employment or volunteering except for personnel who are required as a condition of licensing to be fingerprinted if the license is required for employment or for personnel who were previously employed by a school district and who reestablished employment with that district within one year after the date that the employee terminated employment with the district. A school district may release the results of a background check to another school district for employment purposes. The employee's fingerprints and the form prescribed in subsection D of this section shall be submitted to the school district within twenty days after the date an employee begins work. A school district may terminate an employee if the information on the form provided under subsection D of this section is inconsistent with the information received from the fingerprint check. The school district shall develop procedures for fingerprinting employees criminal background investigation pursuant to title 41, chapter 12, article 3.1. For the purposes of this subsection, "supervision" means under the direction of and, except for brief periods of time during a school day or a school activity, within sight of a certificated employee when providing direct services to pupils.
B. Fingerprints The application for an Arizona background clearance card submitted pursuant to this section shall be used to conduct a state and federal criminal records check investigation pursuant to section 41‑1750 and Public Law 92-544 title 41, chapter 12, article 3.1. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The applicant shall submit the application directly to the authorized investigative provider.
C. The applicant, whether a paid employee or not, shall pay for school district shall assume the costs of fingerprint checks and may charge these costs to its fingerprinted employee, except that the school district may not charge the costs of the fingerprint check to personnel of the school district who are not paid employees. The fees charged for fingerprinting shall be deposited with the county treasurer who shall credit the deposit to the fingerprint fund of the school district. The costs charged to a fingerprinted employee are limited to and the proceeds in the fund may only be applied to the actual costs, including personnel costs, incurred as a result of the fingerprint checks. The fingerprint fund is a continuing fund which is not subject to reversion the criminal records background investigation conducted by an authorized investigative provider.
D. All personnel are required to be fingerprinted have a valid fingerprint clearance card or a valid Arizona background clearance card as prescribed in subsection A of this section and shall certify on forms that are provided by the school or an authorized investigative provider and notarized whether they are awaiting trial on or have ever been convicted of or admitted in open court or pursuant to a plea agreement committing any of the following criminal offenses in this state or similar offenses in another jurisdiction:
1. Sexual abuse of a minor.
2. Incest.
3. First or second degree murder.
4. Kidnapping.
5. Arson.
6. Sexual assault.
7. Sexual exploitation of a minor.
8. Felony offenses involving contributing to the delinquency of a minor.
9. Commercial sexual exploitation of a minor.
10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport, or distribute or conspiracy to sell, transport or distribute marijuana or dangerous or narcotic drugs.
11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
12. Misdemeanor offenses involving the possession or use of marijuana or dangerous drugs.
13. Burglary in the first degree.
14. Burglary in the second or third degree.
15. Aggravated or armed robbery.
16. Robbery.
17. A dangerous crime against children as defined in section 13-705.
18. Child abuse.
19. Sexual conduct with a minor.
20. Molestation of a child.
21. Manslaughter.
22. Aggravated assault.
23. Assault.
24. Exploitation of minors involving drug offenses.
E. A school district may refuse to hire or may review or terminate personnel who have been convicted of or admitted committing any of the criminal offenses prescribed in subsection D of this section or of a similar offense in another jurisdiction. A school district which is considering terminating an employee pursuant to this subsection shall hold a hearing to determine whether a person already employed shall be terminated. In conducting a review, the governing board shall utilize the guidelines, including the list of offenses that are not subject to review, as prescribed by the state board of education pursuant to section 15‑534, subsection C. In considering whether to hire or terminate the employment of a person the governing board shall take into account the following factors:
1. The nature of the crime and the potential for crimes against children.
2. Offenses committed as a minor for which proceedings were held under the jurisdiction of a juvenile or an adult court.
3. Offenses that have been expunged by a court of competent jurisdiction, if the person has been pardoned or if the person's sentence has been commuted.
4. The employment record of the person since the commission of the crime if the crime was committed more than ten years before the governing board's consideration of whether to hire or terminate the person.
5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.
F. Before employment with the school district, the district shall make documented, good faith efforts to contact previous employers of a person to obtain information and recommendations which may be relevant to a person's fitness for employment. A governing board shall adopt procedures for conducting background investigations required by this subsection, including one or more standard forms for use by school district officials to document their efforts to obtain information from previous employers. A school district may provide information received as a result of a background investigation required by this section to any other school district, to any other public school and to any public entity that agrees pursuant to a contract or intergovernmental agreement to perform background investigations for school districts or other public schools. School districts and other public schools may enter into intergovernmental agreements pursuant to section 11‑952 and cooperative purchasing agreements pursuant to rules adopted in accordance with section 15‑213 for the purposes of performing or contracting for the performance of background investigations and for sharing the results of background investigations required by this subsection. Information obtained about an employee or applicant for employment by any school district or other public school in the performance of a background investigation may be retained by that school district or the other public school or by any public entity that agrees pursuant to contract to perform background investigations for school districts or other public schools and may be provided to any school district or other public school that is performing a background investigation required by this subsection.
G. A school district may fingerprint any other employee of the district, whether paid or not, or any other applicant for employment with the school district not otherwise required by this section to be fingerprinted on the condition that the school district may not charge the costs of the fingerprint check to the fingerprinted applicant or nonpaid employee.
G. All school district employees and volunteers, whether paid or not, shall have a valid Arizona background clearance card.
H. A contractor, subcontractor or vendor or any employee of a contractor, subcontractor or vendor who is contracted to provide services on a regular basis at an individual school shall obtain a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to title 41, chapter 12, article 3.1. By December 31, 2009, a school district governing board shall adopt policies to be implemented sixty days after adoption that may exempt from the requirements of this subsection persons who, as part of the normal job duties of the persons, are not likely to have independent access to or unsupervised contact with pupils a person from the requirements of this subsection if the person's normal job duties are not likely to result in independent access to or unsupervised contact with pupils. A school district, its governing board members, its school council members and its employees are exempt from civil liability for the consequences of adoption and implementation of policies and procedures pursuant to this subsection unless the school district, its governing board members, its school council members or its employees are guilty of gross negligence or intentional misconduct.
I. Subsection A of this section does not apply to a person who provides instruction or other education services to a pupil, with the written consent of the parent or guardian of the pupil, under a work release program, advance placement course or other education program that occurs off school property.
J. I. Public entities that agree pursuant to contract to perform background investigations, public schools, the department of education and previous employers who provide information pursuant to this section are immune from civil liability unless the information provided is false and is acted on by the school district to the harm of the employee and the public entity, the public school, the previous employer or the department of education knows the information is false or acts with reckless disregard of the information's truth or falsity. A school district which relies on information obtained pursuant to this section in making employment decisions is immune from civil liability for use of the information unless the information obtained is false and the school district knows the information is false or acts with reckless disregard of the information's truth or falsity.
K. J. The superintendent of a school district or chief administrator of a charter school or the person's designee who is responsible for implementing the governing board's policy regarding background investigations required by subsection F of this section and who fails to carry out that responsibility is guilty of unprofessional conduct and shall be subject to disciplinary action by the state board.
L. K. A school district may hire noncertificated personnel before receiving the results of the fingerprint check state and federal criminal investigation but may shall terminate employment if the information on the form provided in subsection D of this section is inconsistent with the information received from the fingerprint check investigation. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, noncertificated personnel who are required or allowed unsupervised contact with pupils may be hired by school districts before the results of a fingerprint check state and federal criminal investigation are received if all of the following conditions are met:
1. The school district that is seeking to hire the applicant shall document in the applicant's file the necessity for hiring and placement of the applicant before a fingerprint check mandated state and federal criminal investigation could be completed.
2. The school district that is seeking to hire the applicant shall do all of the following:
(a) Ensure that the department of public safety an authorized investigative provider completes a statewide state and federal criminal history information check investigation on the applicant within thirty days. A statewide criminal history information check shall be completed by the department of public safety every one hundred twenty days until the date that the fingerprint check is completed.
(b) Obtain references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.
(c) Provide general supervision of the applicant until the date that the fingerprint check is completed Arizona background clearance card has been issued or denied.
(d) Report to the superintendent of public instruction on June 30 and December 31 each year the number of applicants hired before the completion of a fingerprint check state and federal investigation and issuance of an ariZona background clearance card. In addition, the school district shall report the number of applicants for whom fingerprint checks Arizona background clearance cards were not received after one hundred twenty days and after one hundred seventy‑five thirty days of hire.
M. L. Notwithstanding any other law, this section does not apply to pupils who attend school in a school district and who are also employed by a school district.
N. M. A person who makes a false statement, representation or certification in any application for employment with the school district is guilty of a class 3 misdemeanor.
O. N. For the purposes of this section, "background investigation" means any communication with an employee's or applicant's former employer that concerns the education, training, experience, qualifications and job performance of the employee or applicant and that is used for the purpose of evaluating the employee or applicant for employment. Background investigation does not include the results of any state or federal criminal history records check investigation completed for an Arizona background clearance card.
Sec. 10. Section 15-531.01, Arizona Revised Statutes, is amended to read:
15-531.01. Certification expiration; military service; one year extension
A. A certificate issued pursuant to this article to any member of the Arizona national guard or the United States armed forces reserves shall not expire while the member is serving on federal active duty and shall be extended one year after the member returns from federal active duty, provided that the member, or the legal representative of the member, notifies the state board of education of the federal active duty status of the member. A certificate issued pursuant to this article to any member serving in the regular component of the United States armed forces shall be extended one year from the date of expiration, provided that the member, or the legal representative of the member, notifies the state board of education of the federal active duty status of the member.
B. A certificate issued pursuant to this article to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces shall not expire and shall be extended one year from the date the military member is able to perform activities necessary under the certificate if the member both:
1. Is released from active duty service.
2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the certificate.
C. If the certificate is renewed during the applicable extended time period, the member is responsible only for normal fees and activities, including maintaining a valid fingerprint Arizona background clearance card, relating to renewal of the certificate and shall not be charged any additional costs such as late fees or delinquency fees.
D. The member, or the legal representative of the member, shall present to the state board of education a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.
Sec. 11. Section 15-534, Arizona Revised Statutes, is amended to read:
15-534. Arizona background clearance card; review and disciplinary action; violation; classification
A. A person who applies for a certificate as prescribed in section 15‑203 shall have a valid fingerprint clearance card or a valid arizona background clearance card that is issued pursuant to title 41, chapter 12, article 3.1. Applicants who possess a certificate pursuant to section 15‑203 and who apply for additional certificates or who apply for renewal of any certificate shall meet one of the following requirements:
1. Have a valid fingerprint clearance card or a valid arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1.
2. Provide proof of the submission of an application for a fingerprint an Arizona background clearance card. Applicants who have been denied a fingerprint an Arizona background clearance card shall also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41‑619.55.
B. A person who is certified pursuant to section 15‑203 shall maintain a valid fingerprint clearance card or a valid arizona background clearance card during the valid period of the person's certificate or certificates.
C. The state board of education may review and determine whether to renew or not issue a certificate to an applicant for certification on a finding that the applicant engaged in conduct that is immoral or unprofessional or engaged in conduct that would warrant disciplinary action if the person had been certified at the time that the alleged conduct occurred. The board shall prescribe guidelines for this process.
D. The state board of education may take disciplinary action against or not renew the certificate of a person on a finding that the certificated person engaged in conduct that is immoral or unprofessional or engaged in conduct that would warrant disciplinary action if the person had been certified at the time that the alleged conduct occurred. The board shall prescribe guidelines for this process.
E. The department of education may issue conditional certification before an applicant has obtained a valid fingerprint Arizona background clearance card. A conditional certificate may be used only for employment in the school district that submits an application to the department of education for conditional certification pursuant to this subsection. The state board of education may shall revoke conditional certification if the information on the application for a conditional certificate is false or incomplete, the applicant is denied a fingerprint an Arizona background clearance card or the conditional certificate is used for employment in a school district other than the school district that is indicated on the application for conditional certification. In addition to any other conditions or requirements deemed necessary by the superintendent of public instruction to protect the health and safety of pupils, conditional certification shall be issued before the applicant obtains a fingerprint an Arizona background clearance card if all of the following conditions are met:
1. The school district that is seeking to hire the applicant verifies in writing on a form developed by the department of education the necessity for hiring and placement of the applicant before a fingerprint check state and federal criminal records investigation is completed.
2. The school district that is seeking to hire the applicant performs all of the following:
(a) Ensures and verifies that the department of public safety authorized investigative provider completes a statewide criminal records check investigation on the applicant. A statewide criminal records check investigation shall be completed by the department of public safety every one hundred twenty days until the date that the fingerprint check is completed authorized investigative provider within thirty days.
(b) Completes a search of criminal records in all local jurisdictions outside of this state in which the applicant has lived in the previous five years.
(c) Obtains references from the applicant's current employer and two most recent previous employers except for applicants who have been employed for at least five years by the applicant's most recent employer.
(d) Provides general supervision of the applicant until the applicant receives permanent certification from the department of education.
F. Before employment, schools or school districts shall verify the certification and fingerprint state and federal criminal records investigation status of applicants who apply for school or school district positions that require certification.
G. Any person who participates in a teacher preparation program that is approved by the state board of education or any person who is contracted by this state, by a school district or by a charter school to provide tutoring services shall obtain a valid fingerprint clearance card or a valid arizona background clearance card pursuant to this section before the person participates in field experience in this state in which services will be provided directly to pupils. 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 not be required to obtain a fingerprint an Arizona background clearance card pursuant to this section.
H. The state board of education shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an arizona background clearance card if the state board of education agency receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection A of this section.
I. A person who makes a false statement, representation or certification in any application for certification is guilty of a class 3 misdemeanor.
Sec. 12. Section 15-550, Arizona Revised Statutes, is amended to read:
15-550. Unprofessional conduct; penalty
A. A teacher who has been convicted of a dangerous crime against children as defined in section 13-705 or has been convicted of a violation of section 13‑1404 or 13‑1406 in which the victim was a minor or section 13‑1405 or an act committed in another state or territory which if committed in this state would have been a dangerous crime against children or a violation of section 13‑1404 or 13‑1406 in which the victim was a minor or a violation of section 13‑1405 is guilty of unprofessional conduct and the teacher's certificate shall be revoked permanently immediately on notification of conviction by the clerk of the court or the magistrate.
B. A teacher who has been convicted of a preparatory offense as prescribed in section 13‑1001 of any of the offenses prescribed in subsection A of this section or any crime that requires the teacher to register as a sex offender is guilty of unprofessional conduct and the teacher's certificate shall be permanently revoked on notification of the conviction by a court of competent jurisdiction.
C. A person who is employed by a school district or who is an applicant for employment with a school district, who is arrested for or charged with any nonappealable offense listed in section 41‑1758.03, subsection B and who does not immediately report the arrest or charge to the person's supervisor or potential employer is guilty of unprofessional conduct and the person shall be immediately dismissed from employment with the school district or immediately excluded from potential employment with the school district. Nothing in this subsection shall be construed to entitle a person dismissed pursuant to this subsection to a right to a hearing pursuant to section 15‑539, subsection G.
D. A person who is employed by a school district and who is convicted of any nonappealable offense listed in section 41‑1758.03, subsection B or is convicted of any nonappealable offense that amounts to unprofessional conduct under this section shall immediately do all of the following:
1. Surrender any certificates issued by the department of education.
2. Notify the person's employer or potential employer of the conviction.
3. Notify the department of public safety of the conviction.
4. Surrender the person's fingerprint clearance card or Arizona background clearance card.
Sec. 13. Section 15-763.01, Arizona Revised Statutes, is amended to read:
15-763.01. Surrogate parent; notification; appointment
A. A petition for the appointment of a surrogate parent for a child with a disability shall be made to the department of education if any of the following conditions has been met:
1. A parent as defined in 34 Code of Federal Regulations section 300.20 300.30 cannot be identified.
2. A public agency cannot determine the whereabouts of a parent, after having made reasonable attempts.
3. The child is a ward of the state, and a parent as defined in 34 Code of Federal Regulations section 300.20 300.30 cannot be identified or a public agency cannot determine the location of a parent after having made reasonable attempts. In the case of a child who is a ward of the state, the surrogate parent may alternately be appointed by the judge who oversees the child's case if the surrogate parent meets the requirements of this section.
4. The child meets the criteria of an unaccompanied youth as defined in the McKinney-Vento homeless assistance act (42 United States Code section 11434a(6)).
B. If allowed by state and federal law, the department of education shall notify the court of competent jurisdiction if the department of education appoints a surrogate parent for a ward of the state pursuant to subsection A.
C. In order for a person to be eligible to receive an appointment as a surrogate parent for a child with a disability, all of the following must be true:
1. The person shall be determined by the department of education to possess knowledge and skills that will ensure adequate representation of the child.
2. The person may not be an employee of a state agency if that agency is involved in the education or care of the child.
3. The person may not have any interests that would conflict with the best interests of the child.
4. The person shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1.
D. A person who is appointed as a surrogate parent for a child with a disability shall not be deemed to be an employee of the state solely as a result of serving as a surrogate parent and receiving compensation for that service.
Sec. 14. Section 15-1330, Arizona Revised Statutes, is amended to read:
15-1330. Personnel; background checks; affidavit
A. Certificated personnel employed by the schools shall have valid fingerprint clearance cards or valid arizona background clearance cards issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint an arizona background clearance card within seven working days of employment.
B. In addition to the fingerprint requirement in subsection A of this section, certificated employees shall submit a second set of fingerprints to the school for the purposes of obtaining state and federal criminal records checks. Employment with the schools is conditioned on the results of the fingerprint check state and federal criminal records investigation required under this subsection and the maintenance of the certificate or license required for employment. Fingerprint checks Application for an Arizona background clearance card shall be conducted pursuant to section 41‑1750 and Public Law 92‑544 title 41, chapter 12, article 3.1. The fingerprints application shall be submitted on the form prescribed by the school authorized investigative provider.
C. Noncertificated personnel employed by the schools and nonpaid personnel working in the schools shall be fingerprinted submit an application for a state and federal criminal records investigation and obtain a valid fingerprint clearance card or a valid Arizona background clearance card as a condition of employment for the purpose of obtaining state and federal criminal records checks. Noncertificated employees and nonpaid personnel shall submit fingerprints on the form prescribed by the school to the superintendent an application for an Arizona background clearance card within twenty days after the date an employee begins work. Employment with the schools is conditioned on the results of the fingerprint check state and federal criminal records investigation and the person obtaining an Arizona background clearance card. Fingerprint checks Investigations shall be conducted pursuant to section 41‑1750 and Public Law 92‑544 title 41, chapter 12, article 3.1.
D. The department of public safety may exchange the fingerprint data collected pursuant to subsections B and C of this section with the federal bureau of investigation.
E. The schools may charge the employee or nonpaid personnel for the costs of the fingerprint checks.
D. The applicant shall apply and pay for the investigation for the Arizona background clearance card directly to an authorized investigative provider.
F. E. Personnel employed by the schools shall certify on forms that are provided by the schools or an authorized investigative provider and notarized that they are not awaiting trial on and have never been convicted of or admitted in open court or pursuant to a plea agreement of committing any criminal offenses in this state or similar offenses in another state or jurisdiction as specified in section 41‑1758.03, subsections B and C.
G. F. Before employment, the schools shall make documented, good faith efforts to contact previous employers of personnel to obtain information and recommendations that may be relevant to a person's fitness for employment. For certificated personnel, the schools may also contact the department of education to obtain information that is contained in the person's certification record and that may be relevant to the person's fitness for employment. For persons in other positions that require licensing, the schools may also contact the agency that issued the license for information relevant to the person's fitness for employment. Agencies and previous employers that provide information pursuant to this subsection are immune from civil liability unless the information provided is false and is acted on to the detriment of the employment applicant by the schools and the previous employer or agency knows the information is false or acts with reckless disregard of the truth or falsity of the information. Employees who rely on information obtained pursuant to this subsection in making employment decisions are immune from civil liability unless the information obtained is false and the employee knows the information is false or acts with reckless disregard of the truth or falsity of the information.
H. G. The superintendent shall notify the department of public safety if the person possesses a valid fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the superintendent receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection F E of this section.
Sec. 15. Section 15-1881, Arizona Revised Statutes, is amended to read:
15-1881. Postsecondary health sciences programs; definitions
A. A program in a public or private postsecondary institution that requires clinical training in hospitals or other health care facilities as part of its educational program may require as a condition of acceptance as a health sciences student or as a condition of employment as a clinical assistant the person to obtain a valid fingerprint Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1 or may require that the card be obtained before placement in clinical training rotations. The program may rescind the admission, remove the person from the educational or training program or terminate the employment of any person who fails to obtain a valid fingerprint Arizona background clearance card.
B. A person who is required to possess a fingerprint Arizona background clearance card pursuant to subsection A of this section and who does not possess a fingerprint valid Arizona background clearance card before enrollment or employment at the public or private postsecondary institution shall verify to the public or private postsecondary institution, by completing a signed notarized form provided by the public or private postsecondary institution, that the person is not awaiting trial on or has never been convicted of or admitted in open court pursuant to a plea agreement to committing any offense listed in section 41‑1758.03, subsection B or C in this state or a similar offense committed in another state or jurisdiction, pending receipt of the fingerprint Arizona background clearance card.
C. Information contained in a form submitted pursuant to subsection B of this section is confidential.
D. A person who is required to obtain a fingerprint an Arizona background clearance card pursuant to this section may be charged all costs and fees associated with obtaining or renewing the card as prescribed by sections section 41‑619.53 and 41‑1750 title 41, chapter 12, article 3.1.
E. For the purposes of this section:
1. "Clinical assistant" means a participant in a graduate medical or pharmacy education program at a public or private postsecondary institution.
2. "Health sciences student" means a person who has applied to or is enrolled in a public or private postsecondary institution program of study in medicine, nursing, pharmacy, physical therapy, athletic training, dental hygiene, communication sciences and disorders, speech and hearing sciences or general health sciences.
Sec. 16. Section 26-103, Arizona Revised Statutes, is amended to read:
26-103. Department of emergency and military affairs employees; Arizona background clearance card; exemptions; definition
A. Except as provided in subsection B of this section, employees shall submit the form prescribed in subsection C of this section to the department and shall have a valid fingerprint clearance card or Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card or Arizona background clearance card within seven working days of employment.
B. A member of the national guard who has received security clearance pursuant to national guard laws and regulations, except for a general officer who is an employee of the department, is exempt from the fingerprinting state and federal criminal records investigation requirements of subsection A of this section.
C. An employee shall certify on a form that is provided by the department of emergency and military affairs and notarized that the employee is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41‑1758.03, subsections B and C in this state or a similar offense in another state or jurisdiction.
D. The department of emergency and military affairs shall not allow a person to be employed on any national guard reservation or facility in any capacity if the person has been denied a fingerprint clearance card or Arizona background clearance card pursuant to title 41, chapter 12, article 3.1 or has not received an interim approval from the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55, subsection I.
E. For the purposes of this section, "employee" means any person who works for the department of emergency and military affairs or any subdivision of the department of emergency and military affairs, including project challenge.
Sec. 17. Section 32-2108, Arizona Revised Statutes, is amended to read:
32-2108. Powers and duties of commissioner to make investigations and require information
A. The commissioner on the commissioner's own motion may, and upon a verified complaint in writing shall, investigate the actions of any natural person or entity engaged in the business or acting in the capacity of a broker, salesperson or developer and may at any time examine the books and records used in connection with the business insofar as the commissioner reasonably believes the books or records pertain to the transfer, sale, rental, lease, use or management of real property. In connection with an investigation, the commissioner or the commissioner's representative may take testimony and may examine and copy documents and other physical evidence that relate to the investigation. If necessary, the commissioner or the commissioner's representative may issue subpoenas to compel the testimony of witnesses and the production of documents and other evidence. If a person refuses to comply with a subpoena, the commissioner or the commissioner's representative may apply to the superior court for an order to compel compliance.
B. The commissioner shall establish a certification and enforcement unit that is charged with investigative duties relevant to the rules of the commissioner and the laws of this state, including applications for certification, investigations and enforcement and other duties as the commissioner prescribes.
C. The commissioner may require any additional information and documents that are reasonably necessary to determine the good moral character of an applicant for or holder of a license or public report or renewal or amendment of a license or public report. For the purposes of this subsection, "applicant" or "holder" means a person and, if an entity, any officer, director, member, manager, partner, owner, trust beneficiary holding ten per cent or more beneficial interest, stockholder owning ten per cent or more stock and person exercising control of the entity. The information may include:
1. Prior criminal records.
2. A valid fingerprint Arizona background clearance card issued pursuant to section 41‑1758.03.
3. An affidavit setting out whether the applicant or holder has:
(a) Been convicted of a felony or a misdemeanor.
(b) Had any business or professional license denied, suspended or revoked or had any other disciplinary action taken or administrative order entered against the applicant or holder by any regulatory agency.
(c) Had a public report denied or suspended.
(d) Been permanently or temporarily enjoined by order, judgment or decree from engaging in or continuing any conduct or practice in connection with the sale or purchase of real estate, cemetery property, time‑share intervals, membership camping campgrounds or contracts or securities or involving consumer fraud or the racketeering laws of this state.
(e) Had any adverse decision or judgment entered against the applicant or holder arising out of the conduct of any business in or involving a transaction in real estate, cemetery property, time‑share intervals or membership camping campgrounds or contracts involving fraud, dishonesty or moral turpitude.
(f) Filed, or is subject to, a petition under any chapter of the federal bankruptcy act.
(g) Participated in, operated or held an interest or exercised control in any entity to which subdivision (b), (c), (d), (e) or (f) applies.
Sec. 18. Section 32-2108.01, Arizona Revised Statutes, is amended to read:
32-2108.01. License applicants; Arizona background clearance cards; definition
A. Before receiving and holding a license issued pursuant to this chapter, each license applicant shall obtain a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.03.
B. The license applicant is responsible for providing the department with a valid fingerprint clearance card or a valid Arizona background clearance card.
C. The department shall not issue a license to an original license applicant before receiving a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to this section. However, the department shall suspend the license if the fingerprint clearance card or Arizona background clearance card is determined to be invalid and an applicant who was issued a license fails to submit a new valid fingerprint clearance card or valid Arizona background clearance card within ten days after being notified by the department.
D. This section does not affect the department's authority to otherwise issue, deny, cancel, terminate, suspend or revoke a license.
E. For the purposes of this section, "license applicant" means:
1. Each original real estate, cemetery and membership camping salesperson and broker applicant pursuant to article 2 of this chapter.
2. Each natural person, or for an entity applicant, any person exercising control of the entity, who applies for an original certificate of approval to operate a real estate school, or for a renewal certificate, any natural person or person exercising control who has not previously submitted a fingerprint card or an Arizona background clearance card to the department.
3. Any natural person, or for an entity applicant, any person exercising control of the entity, on whom the department has evidence of a criminal record that has not been previously reviewed or evaluated by the department and who applies for a:
(a) License renewal pursuant to section 32‑2130.
(b) Public report to:
(i) Sell or lease subdivided lands pursuant to article 4 of this chapter.
(ii) Sell or lease unsubdivided lands pursuant to article 7 of this chapter.
(iii) Sell or lease time‑share estates pursuant to article 9 of this chapter.
(iv) Sell membership camping contracts pursuant to article 10 of this chapter.
(c) Certificate of authority to sell cemetery lots pursuant to article 6 of this chapter.
Sec. 19. Section 32-2123, Arizona Revised Statutes, is amended to read:
32-2123. Application for license as broker or salesperson
A. Every application for an original license shall be either submitted in writing and signed by the applicant or submitted electronically and contain an electronic or digital identifier that the commissioner deems appropriate. The application shall be accompanied by all applicable fees.
B. An application for an original license as a broker or salesperson shall set forth:
1. The legal name and residence address of the applicant.
2. The applicant's employers and employment history for the immediately preceding ten years and any experience in real estate sales, appraisals, transfers or similar business in which the applicant previously engaged, if the commissioner determines that this information is needed to reasonably evaluate the good moral character of the applicant.
3. The name and place of business of the applicant's present employer, if any.
4. Whether the applicant has ever been convicted of a felony and, if so, the nature of the felony, where and when committed and the disposition of the conviction, or whether the applicant has been disbarred or suspended from the practice of law.
5. Whether the applicant has ever been refused a broker's or salesperson's license or any other occupational license in this or any other state, whether the applicant's license as a broker or salesperson has been revoked or suspended in this or any other state or whether the applicant has had any other occupational or professional license, certificate or registration revoked or suspended in this or any other state.
6. The name of any corporation, company or partnership that is or ever has been licensed by the department in which the applicant exercised any control.
7. If the applicant is a natural person, the applicant's social security number. If the applicant, due to bona fide religious convictions or other bona fide reasons that the applicant documents on the application to the satisfaction of the commissioner, does not have a social security number, the applicant may provide the applicant's federal tax identification number with the application. The state real estate department shall use the applicant's social security number or federal tax identification number to aid the department of economic security in locating noncustodial parents or the assets of noncustodial parents, and for no other purpose.
C. An application for a license as a broker additionally shall set forth:
1. The name under which the business is to be conducted.
2. The situs and mailing address of the applicant's place of business, or if more than one, the situs and mailing addresses of each.
D. An applicant for a broker's or salesperson's license shall provide information that the commissioner determines is reasonably necessary to establish the character of the applicant. The information may include but shall not be limited to:
1. Prior criminal records.
2. A valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.03.
3. An affidavit setting out whether the applicant has participated in, operated or held an interest in any land development company which has filed, or is subject to, a petition under any chapter of the federal bankruptcy act.
E. Each person licensed pursuant to this article, whether the license is active or inactive, shall have available for the licensee's use a current copy of the department's statutes, rules and annotations pertaining to real estate laws. Failure to comply with this requirement shall not be deemed grounds for a civil penalty or for denial, suspension or revocation of a license.
Sec. 20. Section 32-3280, Arizona Revised Statutes, is amended to read:
32-3280. Arizona background clearance card
A. An applicant for licensure under this article other than for a temporary license, must submit a full set of fingerprints to the board an application to an authorized investigative provider pursuant to section 41‑1758.01, at the applicant's own expense, for the purpose of obtaining a state and federal criminal history records check investigation pursuant to section 41‑1750 and P.L. 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation Title 41, chapter 12, article 3.1.
B. As a condition of renewing a license, a person licensed pursuant to this chapter who has not previously done so must submit a full set of fingerprints to the board an application for renewal to the authorized investigative provider that issued the original card or a new application to another provider, at the licensee's own expense, for the purpose of obtaining a state and federal criminal history records check investigation pursuant to section 41‑1750 and P.L. 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation title 41, chapter 12, article 3.1. The board shall provide written notice of this requirement to all licensees at least six months before each licensee's expiration date.
C. The board shall waive the records check investigation required in subsections A and B of this section for an applicant or licensee providing evidence acceptable to the board that the applicant or licensee holds a current class one or class two valid fingerprint clearance card issued by the department of public safety or a valid Arizona background clearance card.
Sec. 21. Section 36-411, Arizona Revised Statutes, is amended to read:
36-411. Residential care institutions; home health agencies; Arizona background clearance card; definitions
A. Subject to legislative appropriations, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies or contracted persons who provide direct care, home health services or supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have valid fingerprint clearance cards or valid Arizona background clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint an Arizona background clearance card within twenty working days of employment or beginning volunteer work except as provided in subsections subsection F, G and H of this section.
B. A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety application to an authorized investigative provider for an Arizona background clearance card pursuant to this section.
C. Owners shall make documented, good faith efforts to:
1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency.
2. Verify the current status of a person's fingerprint clearance card or Arizona background clearance card.
D. An employee, an owner or a contracted person or a facility on behalf of the employee, the owner or the contracted person shall submit a completed application that is provided by the department of public safety an authorized investigative provider within twenty days after the date the person begins work.
E. A residential care institution, nursing care institution or home health agency shall not allow a person or contracted person to continue to provide direct care, home health services or supportive services if the person has been denied a fingerprint clearance card or an Arizona background clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001 or has not received an interim approval from the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55, subsection I.
F. Volunteers who provide services to residents under the direct visual supervision of a previously screened owner or employee are exempt from the fingerprint clearance card or Arizona background clearance card requirements of this section.
G. Notwithstanding the requirements of section 41‑1758.02, subsection B, a person who provides direct care, home health services or supportive services for a residential care institution, home health agency or nursing care institution after meeting the fingerprinting and criminal records check requirements of this section is not required to meet the fingerprint and criminal records check requirements of this section again if that person remains employed by the same employer or changes employment within two years after satisfying the requirements of this section. For the purposes of this subsection, if the employer changes through sale, lease or operation of law, a person is deemed to be employed by the same employer if that person remains employed by the new employer.
H. Notwithstanding the requirements of section 41‑1758.02, subsection B, a person who has received approval pursuant to this section before May 7, 2001 and who remains employed by the same employer is not required to apply for a fingerprint clearance card.
I. If a person's employment record contains a six‑month or longer time frame where the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety.
J. G. For the purposes of this section:
1. "Home health services" has the same meaning prescribed in section 36‑151.
2. "Supportive services" has the same meaning prescribed in section 36‑151.
Sec. 22. Section 36-425.03, Arizona Revised Statutes, is amended to read:
36-425.03. Children's behavioral health programs; personnel; Arizona background clearance card; definitions
A. Except as provided in subsections subsection B and C of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection D C of this section to the employer and shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1 or, within seven working days after employment or beginning volunteer work, shall apply for a fingerprint an Arizona background clearance card.
B. Parents, foster parents and guardians who participate in activities with their children under the supervision of and in the presence of children's behavioral health program personnel are exempt from the fingerprinting requirements of subsection A of this section if the parents are not employees of the children's behavioral health program.
C. Applicants and employees who are fingerprinted pursuant to section 15‑512 or 15‑534 are exempt from the fingerprinting requirements of subsection A of this section.
D. C. Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section 41‑1758.03, subsection B or C in this state or similar offenses in another state or jurisdiction.
E. D. Forms submitted pursuant to subsection D C of this section are confidential.
F. E. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program.
G. F. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.03, subsection B is prohibited from working in any capacity in a children's behavioral health program that requires or allows contact with children.
H. G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.03, subsection C shall not work in a children's behavioral health program in any capacity that requires or allows the employee to provide direct services to children unless the person has applied for and received the required fingerprint clearance card or Arizona background clearance card pursuant to title 41, chapter 12, article 3.1.
I. H. The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either:
1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection G F of this section.
2. Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection H G of this section if the personnel provide these services while under direct visual supervision.
J. I. The employer shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the employer receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection D C of this section.
K. J. For the purposes of this section:
1. "Children's behavioral health program" means a program that provides children's behavioral health services and that is licensed by the department as a behavioral health service agency or that contracts with the department to provide children's behavioral health services.
2. "Children's behavioral health program personnel" means an owner, employee or volunteer who works at a children's behavioral health program.
Sec. 23. Section 36-446.04, Arizona Revised Statutes, is amended to read:
36-446.04. Qualifications; period of validity; exemption
A. The board shall issue a license as a nursing care institution administrator pursuant to its rules to any person who meets the following qualifications:
1. Is of good character.
2. Has satisfactorily completed a course of instruction and training approved by the board that:
(a) Is designed and sufficiently administered to give the applicant knowledge of the proper needs to be served by nursing care institutions.
(b) Includes a thorough background in the laws and rules governing the operation of nursing care institutions and the protection of the interests of the patients in nursing care institutions.
(c) Includes thorough training in elements of good health care facilities administration.
3. Has passed an examination administered by the board designed to test for competency in the subject matter referred to in this subsection.
4. Has met one of the following fingerprinting requirements:
(a) Has a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1.
(b) Has provided proof of the submission of an application for a fingerprint an Arizona background clearance card. An applicant who has been denied a fingerprint clearance card or an Arizona background clearance card must also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41‑619.55.
B. A person who is licensed pursuant to this section must maintain a valid fingerprint clearance card or a valid Arizona background clearance card during the valid period of the person's license.
C. The board shall issue a certificate as an assisted living facility manager pursuant to its rules to a person who meets the following qualifications:
1. Is of good character.
2. Has satisfactorily completed a course of instruction and training approved by the department.
3. Has passed an examination administered by the board.
4. Provides documentation satisfactory to the board that the applicant has completed two thousand eighty hours of paid work experience in a health related field within the preceding five years as prescribed by board rule.
5. Has met one of the following fingerprinting requirements:
(a) Has a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to title 41, chapter 12, article 3.1.
(b) Has provided proof of the submission of an application for a fingerprint an Arizona background clearance card. An applicant who has been denied a fingerprint clearance card or an Arizona background clearance card must also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41‑619.55.
D. A person who is certified pursuant to this section must maintain a valid fingerprint clearance card or a valid Arizona background clearance card during the valid period of the person's certificate.
E. In lieu of the requirements contained in subsection A, paragraph 2 or subsection C, paragraph 2, an applicant may present satisfactory evidence to the board of sufficient education and training in the areas listed in that paragraph.
F. A license is nontransferable and remains in effect until the following June 30 of an even numbered year, at which time the license may be renewed if the licensee otherwise complies with this article and unless the license has been surrendered, suspended or revoked.
G. A certificate is nontransferable and remains in effect until the following June 30 of an odd numbered year, at which time the certificate may be renewed if the certificate holder otherwise complies with this article and the certificate has not been surrendered, suspended or revoked.
H. This section does not apply to managers of adult foster care homes as defined in section 36‑401. END_STATUTE
Sec. 24. Section 36-594.01, Arizona Revised Statutes, is amended to read:
36-594.01. Arizona background clearance card for contract providers and home and community based service providers
A. The following persons shall be fingerprinted obtain a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to section 41‑1758.07:
1. A person who is paid or who volunteers to work in a facility or program that is licensed by or that has entered into a contract with the division of developmental disabilities to provide services to persons with developmental disabilities.
2. A person who applies for certification as a home and community based service provider.
B. A person who is required to be fingerprinted have a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to subsection A, paragraph 1 of this section shall have a valid fingerprint clearance card or a valid Arizona background clearance card or shall apply for a fingerprint an Arizona background clearance card before providing services to persons with developmental disabilities.
C. A person who is required to be fingerprinted obtain a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to subsection A, paragraph 2 of this section shall not be certified unless the person has a valid fingerprint clearance card or a valid Arizona background clearance card or provides to the division of developmental disabilities documentation of the person's application for a fingerprint an Arizona background clearance card.
D. This section does not apply to home and community based service providers who provide attendant care and who are immediate relatives with whom the person with developmental disabilities resides.
E. Persons who are required to be fingerprinted obtain a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to subsection A of this section shall certify on forms that are provided by the department whether the person is awaiting trial on or has been convicted of any of the offenses listed in section 41‑1758.07, subsections B and C.
F. The division of developmental disabilities in the department of economic security shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the division receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B or C.
2. Falsified information on the form required by subsection E of this section.
Sec. 25. Section 36-594.02, Arizona Revised Statutes, is amended to read:
36-594.02. Arizona background clearance cards for adult developmental home licensees and child developmental foster home licensees
A person who applies for a license for an adult developmental home or a child developmental foster home shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07. The person shall certify on forms that are provided by the department whether the person is awaiting trial on or has been convicted of any of the offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
Sec. 26. Section 36-882, Arizona Revised Statutes, is amended to read:
36-882. License; posting; transfer prohibited; fees; provisional license; renewal; exemption from rule making
A. A child care facility shall not receive any child for care, supervision or training unless the facility is licensed by the department of health services.
B. An application for a license shall be made on a written or electronic form prescribed by the department and shall include:
1. Information required by the department for the proper administration of this chapter and rules adopted pursuant to this chapter.
2. The name and business or residential address of each controlling person.
3. An affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
C. An application for an initial license shall include:
1. The form that is required pursuant to section 36-883.02, subsection C and that is completed by the applicant.
2. A copy of a valid fingerprint clearance card or a valid Arizona background clearance card issued to the applicant pursuant to section 41‑1758.07.
3. If the applicant's facility is located within one-fourth mile of any agricultural land, the names and addresses of the owners and lessees of the agricultural land and a copy of the agreement required pursuant to subsection D of this section.
D. The department shall deny any license that affects agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may license the child care facility to be located within the affected buffer zone. The agreement may include any stipulations regarding the child care facility, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement. This subsection shall not apply to the issuance or renewal of a license for a child care facility located in the same location for which a child care facility license was previously issued.
E. On receipt of an application for an initial license, the department shall inspect the applicant's physical space, activities and standards of care. If the department determines that the applicant and the applicant's facility are in substantial compliance with this chapter and rules adopted pursuant to this chapter and the applicant agrees to carry out a plan acceptable to the department to eliminate any deficiencies, the department shall issue an initial license to the applicant.
F. Beginning January 1, 2010, subject to the availability of monies, the department may establish a discount program for licensing fees paid by child care facilities, including a public health discount.
G. The director, by rule, may establish and collect fees for child care facilities and a fee for late filing of applications. Beginning January 1, 2010, ninety per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the health services licensing fund established by section 36‑414 and ten per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
H. Pursuant to available funding, the department shall collect annual fees.
I. A license is valid from the date of issuance unless it is subsequently revoked or suspended or the licensee does not pay the licensure fee and shall specify the following:
1. The name of the applicant.
2. The exact address where the applicant will locate the facility.
3. The maximum number and age limitations of children that shall be cared for at any one time.
4. The classification of services that the facility is licensed to provide.
J. The department may issue a provisional license, not to exceed six months, to an applicant or a licensed child care facility if:
1. The facility changes director.
2. The department determines that an applicant for an initial license or a licensed child care facility is not in substantial compliance with this chapter and rules adopted pursuant to this chapter and the immediate interests of children, families and the general public are best served if the child care facility or the applicant is given an opportunity to correct deficiencies.
K. A provisional license shall state the reason for the provisional status.
L. On the expiration of a provisional license, the department shall issue a regular license if the department determines that the licensee and the child care facility are in substantial compliance with this chapter and rules adopted pursuant to this chapter and the applicant agrees to carry out a plan acceptable to the department to eliminate any deficiencies.
M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.
N. The license is not transferable from person to person and is valid only for the quarters occupied at the time of issuance.
O. The license shall be conspicuously posted in the child care facility.
P. The licensee shall conspicuously post a schedule of fees charged for services and the established policy for a refund of fees for services not rendered.
Q. The licensee shall keep current department inspection reports at the child care facility and shall make them available to parents on request. The licensee shall conspicuously post a notice that identifies the location where these inspection reports are available for review.
R. The department of health services shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an arizona background clearance card if the department of health services receives credible evidence that a licensee who possesses a valid fingerprint clearance card or an Arizona background clearance card either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B.
2. Falsified information on any form required by section 36-883.02.
S. Licensees may pay licensure fees by installment payments based on procedures established by the department.
T. The department shall review its actual costs to administer this article at least once every two years. If the department determines that its administrative costs are lower than the fees it has collected pursuant to this section, it shall adjust fees.
U. If the department lowers fees, the department may refund or credit fees to licensees.
V. Fee reductions are exempt from the rule making requirements of title 41, chapter 6.
Sec. 27. Section 36-883.02, Arizona Revised Statutes, is amended to read:
36-883.02. Child care personnel; Arizona background clearance card; exemptions; definition
A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards or valid Arizona background clearance cards issued pursuant to section 41‑1758.07 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment or beginning volunteer work.
B. Exempt from the fingerprinting and Arizona background clearance card requirements of subsection A of this section are parents, including foster parents and guardians, who are not employees of the child care facility and who participate in activities with their children under the supervision of and in the presence of child care personnel.
C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:
1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41‑1758.07, subsection B in this state or similar offenses in another state or jurisdiction.
2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.
D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.
E. The forms required by subsection C of this section are confidential.
F. A child care facility shall not allow a person to be employed or volunteer in the facility in any capacity if the person has been denied a fingerprint clearance card or an Arizona background clearance card pursuant to section 41‑1758.07 or has not received an interim approval from the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55, subsection I.
G. The employer shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the employer receives credible evidence that any child care personnel who is a cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B.
2. Falsified information on the form required by subsection C of this section.
H. For the purposes of this section, "child care personnel" means any employee or volunteer working at a child care facility.
Sec. 28. Section 36-897.01, Arizona Revised Statutes, is amended to read:
36-897.01. Certification; application; fees; rules; Arizona background clearance card; renewal; exemption from rule making
A. A child care group home shall be certified by the department. An application for a certificate shall be made on a written or electronic form prescribed by the department and shall contain all information required by the department.
B. If a child care group home is within one‑fourth mile of agriculture land, the application shall include the names and addresses of the owners and lessees of any agricultural land within one‑fourth mile of the facility. Within ten days after receipt of an application for a certificate, the department shall notify the owners and lessees of agricultural land as listed on the application. The department shall deny a certificate that affects agricultural land regulated pursuant to section 3‑365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3‑365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may issue a certificate to the child care group home to be located within the affected buffer zone. The agreement may include any stipulations regarding the child care group home, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement. This subsection applies to the renewal of a certificate for a child care group home located in the same location if the child care group home certificate was not previously issued under this subsection.
C. The director, by rule, may establish and collect fees for child care group homes and a late filing fee. Beginning January 1, 2010, ninety per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the health services licensing fund established by section 36‑414 and ten per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.
D. Pursuant to available funding the department shall collect annual fees.
E. Beginning January 1, 2010, subject to the availability of monies, the department may establish a discount program for certification fees paid by child care group homes, including a public health discount program.
F. The department shall issue an initial certificate if the department determines that the applicant and the applicant's child care group home are in substantial compliance with the requirements of this article and department rules and the facility agrees to carry out a plan acceptable to the director to eliminate any deficiencies.
G. A certificate is valid unless it is revoked or suspended or the licensee certificate holder does not pay the licensure certification fee and may be renewed by submitting the certification fee as prescribed by the department pursuant to subsection C of this section.
H. In order to ensure that the equipment and services of a child care group home and the good character of an applicant are conducive to the welfare of children, the department by rule shall establish the criteria for granting, denying, suspending and revoking a certificate.
I. The director shall adopt rules and prescribe forms as may be necessary for the proper administration and enforcement of this article.
J. The certificate shall be conspicuously posted in the child care group home for viewing by parents and the public.
K. Current department inspection reports shall be kept at the child care group home and shall be made available to parents on request.
L. A certificate is not transferable and is valid only for the location occupied at the time it is issued.
M. An application for an initial certificate shall include:
1. The form that is required pursuant to section 36-897.03, subsection B and that is completed by the applicant.
2. A copy of a valid fingerprint clearance card or a valid Arizona background clearance card issued to the applicant pursuant to section 41‑1758.07.
N. The department of health services shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the department of health services receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B.
2. Falsified information on any form required by section 36-897.03.
O. Certificate holders may pay fees by installment payments based on procedures established by the department.
P. The department shall review its actual costs to administer this article at least once every two years. If the department determines that its administrative costs are lower than the fees it has collected pursuant to this section, it shall adjust fees.
Q. If the department lowers fees, the department may refund or credit fees to licensees certificate holders.
R. Fee reductions are exempt from the rule making requirements of title 41, chapter 6.
Sec. 29. Section 36-897.03, Arizona Revised Statutes, is amended to read:
36-897.03. Child care group homes; child care personnel; Arizona background clearance card; definition
A. Child care personnel, including volunteers, shall submit the form prescribed in subsection B of this section to the employer and shall have valid fingerprint clearance cards or valid Arizona background clearance cards issued pursuant to section 41‑1758.07 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment or beginning volunteer work.
B. Applicants, certificate holders and child care personnel shall attest on forms that are provided by the department that:
1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41‑1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.
2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.
C. The provider shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness to work in a certified child care group home.
D. The director may adopt rules prescribing the exclusion from child care group homes of individuals whose presence may be detrimental to the welfare of children.
E. The forms required by subsection B of this section are confidential.
F. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.07, subsection B or subsection B, paragraph 2 or 3 of this section is prohibited from being employed in any capacity in a child care group home.
G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.07, subsection C shall not work in a child care group home without direct visual supervision unless the person has applied for and received the required fingerprint clearance card or Arizona background clearance card pursuant to section 41‑1758 and is registered as child care personnel. A person who is subject to this subsection shall not be employed in any capacity in a child care group home if that person is denied the required fingerprint clearance card or Arizona background clearance card.
H. The employer shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the employer receives credible evidence that any child care personnel cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B.
2. Falsified information on the form required by subsection B of this section.
I. For the purposes of this section, "child care personnel" means all employees of and persons who are eighteen years of age or older and who reside in a child care group home that is certified by the department.
Sec. 30. Section 36-3008, Arizona Revised Statutes, is amended to read:
36-3008. Shelters for victims of domestic violence; personnel; Arizona background clearance card
A. Employees and volunteers of a shelter for victims of domestic violence, as defined in section 36‑3001, shall have valid fingerprint clearance cards or valid Arizona background clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment or beginning volunteer work. Federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that employees of a shelter for victims of domestic violence who are employed by a shelter and who provide services directly to victims of domestic violence have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection B, paragraph 1 of this section.
B. Personnel shall certify on forms that are provided by the department and notarized that:
1. They are not awaiting trial on and have never been convicted of or admitted committing any of the criminal offenses listed in section 41‑1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.
2. They have not been denied a license to operate a shelter for cause in this state or another state or had a license to operate a shelter revoked.
C. The notarized forms are confidential.
D. The shelter shall make good faith efforts to contact previous employers to obtain information or recommendations that may be relevant to an individual's fitness to work in the shelter.
E. The department of health services shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the department of health services receives credible evidence that a person who possesses a fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection B of this section.
Sec. 31. Section 38-431.08, Arizona Revised Statutes, is amended to read:
38-431.08. Exceptions; limitation
A. This article does not apply to:
1. Any judicial proceeding of any court or any political caucus of the legislature.
2. Any conference committee of the legislature, except that all such meetings shall be open to the public.
3. The commissions on appellate and trial court appointments and the commission on judicial qualifications.
4. Good cause exception determinations and hearings conducted by the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55.
B. A hearing held within a prison facility by the board of executive clemency is subject to this article, except that the director of the state department of corrections may:
1. Prohibit, on written findings that are made public within five days of so finding, any person from attending a hearing whose attendance would constitute a serious threat to the life or physical safety of any person or to the safe, secure and orderly operation of the prison.
2. Require a person who attends a hearing to sign an attendance log. If the person is over sixteen years of age, the person shall produce photographic identification which verifies the person's signature.
3. Prevent and prohibit any articles from being taken into a hearing except recording devices, and if the person who attends a hearing is a member of the media, cameras.
4. Require that a person who attends a hearing submit to a reasonable search on entering the facility.
C. The exclusive remedies available to any person who is denied attendance at or removed from a hearing by the director of the state department of corrections in violation of this section shall be those remedies available in section 38‑431.07, as against the director only.
D. Either house of the legislature may adopt a rule or procedure pursuant to article IV, part 2, section 8, Constitution of Arizona, to provide an exemption to the notice and agenda requirements of this article or to allow standing or conference committees to meet through technological devices rather than only in person.
Sec. 32. Heading change
The article heading of title 41, chapter 3, article 12, Arizona Revised Statutes, is changed from "BOARD OF FINGERPRINTING" to "BOARD OF ARIZONA BACKGROUND CLEARANCE CARDS".
Sec. 33. 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 education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the state real estate department or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Board" means the board of fingerprinting Arizona background clearance cards.
3. "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.
4. "Good cause exception" means the issuance of a fingerprint an Arizona background clearance card to an employee pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted have an Arizona background clearance card pursuant to this article and any of the following:
(a) Section 8-105.
(b) Section 8‑322.
(c) Section 8-509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15‑534.
(g) Section 15‑1330.
(h) Section 15-1881.
(i) Section 26-103.
(j) Section 32‑2108.01.
(k) Section 32‑2123.
(l) Section 36‑411.
(m) Section 36‑425.03.
(n) Section 36-446.04.
(o) Section 36‑594.01.
(p) Section 36‑594.02.
(q) Section 36‑882.
(r) Section 36‑883.02.
(s) Section 36‑897.01.
(t) Section 36‑897.03.
(u) Section 36‑3008.
(v) Section 41-619.53.
(w) Section 41‑1964.
(x) Section 41‑1967.01.
(y) Section 41‑1968.
(z) Section 41-1969.
(aa) Section 41‑2814.
(bb) Section 46‑141, subsection A.
(cc) Section 46‑321. END_STATUTE
Sec. 34. Section 41-619.52, Arizona Revised Statutes, is amended to read:
41-619.52. Board of Arizona background clearance cards; organization; meetings
A. The board of fingerprinting Arizona background clearance cards is established consisting of the following members:
1. A representative of the supreme court who is appointed by the chief justice of the supreme court.
2. A representative of the department of economic security who is appointed by the director of the department of economic security.
3. A representative of the department of education who is appointed by the superintendent of public instruction.
4. A representative of the department of health services who is appointed by the director of the department of health services.
5. A representative of the department of juvenile corrections who is appointed by the director of the department of juvenile corrections.
B. At its initial meeting and annually thereafter, the board shall elect a chairperson and vice‑chairperson from among its members and any other officers that are deemed necessary or advisable.
C. The board shall meet at least once each calendar quarter and additionally as the chairperson deems necessary. A majority of the members constitutes a quorum for the transaction of business.
D. Board members:
1. Serve at the pleasure of the appointing authority.
2. Are not eligible for compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
3. Shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07.
E. The chief justice, the superintendent of public instruction or a department director may designate an alternate member to represent a member who is appointed pursuant to subsection A by the chief justice, the superintendent of public instruction or a department director, respectively.
Sec. 35. Section 41-619.53, Arizona Revised Statutes, is amended to read:
41-619.53. Board of Arizona background clearance cards; powers and duties; personnel; liability
A. The board of fingerprinting Arizona background clearance cards shall:
1. Determine good cause exceptions pursuant to section 41‑619.55. The board may appoint a hearing officer to recommend that an applicant be granted or denied a good cause exception after the hearing officer conducts an expedited review or a good cause exception hearing.
2. Adopt rules to implement this article, including rules to establish good cause exceptions for the issuance of fingerprint Arizona background clearance cards pursuant to sections 41‑1758.03 and 41‑1758.07. This rule making is exempt from the requirements of chapter 6 of this title.
3. Administer and enforce this article and rules adopted pursuant to this article.
4. Furnish a copy of its rules, on request, to all applicants who petition the board for a good cause exception pursuant to sections 41‑1758.03 and 41-1758.07 and, on request, to licensees, contract providers and state agencies.
5. Establish fees.
B. In order to grant a good cause exception, a majority plus an additional member, of the members present, must vote to approve the application. If the board grants a good cause exception, the board shall request in writing that the department of public safety an authorized investigative provider issue a card to the applicant.
C. The board may employ clerical, professional and technical personnel subject to fee monies that are collected and to the budget that is approved by the board members and shall prescribe personnel duties and determine personnel compensation. Personnel employed by the board must have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07. If the applicant is denied a fingerprint clearance card or an Arizona background clearance card, in order to be employed by the board, the board must grant a good cause exception pursuant to this article by a unanimous vote.
D. In making any recommendation to the board to grant or deny a good cause exception, the hearing officer shall consider all of the reasons and criteria prescribed in section 41-619.55, subsection E.
E. Members and employees of the board are not liable for acts done or actions taken by any board member or employee if the members or employees act in good faith following the requirements of this article.
Sec. 36. Section 41-619.55, Arizona Revised Statutes, is amended to read:
41-619.55. Good cause exceptions; expedited review; hearing; revocation
A. The board shall determine good cause exceptions. The board shall determine a good cause exception after an expedited review or after a good cause exception hearing. The board shall conduct an expedited review within twenty days after receiving an application for a good cause exception.
B. Within forty‑five days after conducting an expedited review, the board shall hold a good cause exception hearing if the board determines that the applicant does not qualify for a good cause exception under an expedited review but is qualified to apply for a good cause exception and the applicant submits an application for a good cause exception within the time limits prescribed by rule.
C. When determining whether a person is eligible to receive a good cause exception under an expedited review, the board shall consider whether the person has shown to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41‑1758.03, subsection B or section 41‑1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Before granting a good cause exception under an expedited review, the board shall consider all of the criteria listed in subsection E of this section.
D. The following persons shall be present during good cause exception hearings:
1. The board or its hearing officer.
2. The person who requested the good cause exception hearing. The person may be accompanied by a representative at the hearing.
E. The board may grant a good cause exception at a hearing if the person shows to the board's satisfaction that the person is not awaiting trial on or has not been convicted of committing any of the offenses listed in section 41‑1758.03, subsection B or section 41-1758.07, subsection B or that the person is successfully rehabilitated and is not a recidivist. Notwithstanding any other law, the board may require applicants to disclose evidence regarding substantiated allegations of child or vulnerable adult abuse or neglect for consideration in determining an applicant's successful rehabilitation. If the applicant fails to appear at the hearing without good cause, the board may deny a good cause exception. The board shall grant or deny a good cause exception within eighty days after the good cause exception hearing. Before granting a good cause exception at a hearing the board shall consider all of the following in accordance with board rule:
1. The extent of the person's criminal record.
2. The length of time that has elapsed since the offense was committed.
3. The nature of the offense.
4. Any applicable mitigating circumstances.
5. The degree to which the person participated in the offense.
6. The extent of the person's rehabilitation, including:
(a) Completion of probation, parole or community supervision.
(b) Whether the person paid restitution or other compensation for the offense.
(c) Evidence of positive action to change criminal behavior, such as completion of a drug treatment program or counseling.
(d) Personal references attesting to the person's rehabilitation.
F. If the board grants a good cause exception to a person, the board shall request in writing that the department of public safety authorized investigative provider issue a fingerprint an Arizona background clearance card to the person.
G. The board's staff, under the direction of the executive director of the board, shall review reports it receives of the arrest, charging or conviction of a person for offenses listed in sections 41‑1758.03 and 41‑1758.07 who previously received a fingerprint clearance card or an Arizona background clearance card. Except as provided by subsection J of this section, the executive director shall report any arrest, charge or conviction of a prohibited crime to the state agencies listed on the applicant's fingerprint clearance card or Arizona background clearance card application.
H. The board may request in writing that the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card revoke a person's fingerprint clearance card or Arizona background clearance card pursuant to section 41‑1758.04 if the person received a fingerprint clearance card or an Arizona background clearance card and the person is subsequently convicted of an offense listed in section 41‑1758.03, subsection B or C or section 41‑1758.07, subsection B or C.
I. Pending the outcome of a good cause exception determination, the board or its hearing officer may issue interim approval in accordance with board rule to continue working to a good cause exception applicant.
J. If the board's staff, under the direction of the executive director, receives a report of an arrest, charging or conviction of a prohibited crime for a person who previously received a fingerprint clearance card or an Arizona background clearance card pursuant to section 15-1881, the executive director shall not report this information to the state agency that is listed on the applicant's fingerprint clearance card or Arizona background clearance card application but shall notify the person issued the fingerprint clearance card or Arizona background clearance card of the report.
K. The board is exempt from chapter 6, article 10 of this title.
L. A person who is required to obtain a fingerprint clearance card or an Arizona background clearance card pursuant to section 41‑619.52 is not eligible to receive a good cause exception pursuant to this section.
Sec. 37. Section 41-619.56, Arizona Revised Statutes, is amended to read:
41-619.56. Board of Arizona background clearance cards fund
A. The board of fingerprinting Arizona background clearance cards fund is established consisting of monies appropriated by the legislature and fees established by the board pursuant to section 41‑619.53. The board shall administer the fund subject to legislative appropriation. Monies in the fund are continuously appropriated for the purposes provided in this article.
B. Monies deposited in the fingerprinting Arizona background clearance cards fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 38. Section 41-1092.02, Arizona Revised Statutes, is amended to read:
41-1092.02. Appealable agency actions; application of procedural rules; exemption from article
A. This article applies to all contested cases as defined in section 41‑1001 and all appealable agency actions, except contested cases with or appealable agency actions of:
1. The state department of corrections.
2. The board of executive clemency.
3. The industrial commission of Arizona.
4. The Arizona corporation commission.
5. The Arizona board of regents and institutions under its jurisdiction.
6. The state personnel board.
7. The department of juvenile corrections.
8. The department of transportation.
9. The department of economic security except as provided in sections 8‑506.01, 8‑811 and 46-458.
10. The department of revenue regarding:
(a) Income tax, withholding tax or estate tax.
(b) Any tax issue related to information associated with the reporting of income tax, withholding tax or estate tax unless the taxpayer requests in writing that this article apply and waives confidentiality under title 42, chapter 2, article 1.
11. The board of tax appeals.
12. The state board of equalization.
13. The state board of education, but only in connection with contested cases and appealable agency actions related to applications for issuance or renewal of a certificate and discipline of certificate holders pursuant to sections 15‑203, 15‑534, 15‑534.01, 15‑535, 15‑545 and 15‑550.
14. The board of fingerprinting Arizona background clearance cards.
B. Unless waived by all parties, an administrative law judge shall conduct all hearings under this article, and the procedural rules set forth in this article and rules made by the director apply.
C. Except as provided in subsection A of this section:
1. A contested case heard by the office of administrative hearings regarding taxes administered under title 42 shall be subject to the provisions under section 42‑1251.
2. A final decision of the office of administrative hearings regarding taxes administered under title 42 may be appealed by either party to the director of the department of revenue, or a taxpayer may file and appeal directly to the board of tax appeals pursuant to section 42‑1253.
D. Except as provided in subsections A, B, E, F and G of this section and notwithstanding any other administrative proceeding or judicial review process established in statute or administrative rule, this article applies to all appealable agency actions and to all contested cases.
E. Except for a contested case or an appealable agency action regarding unclaimed property, sections 41‑1092.03, 41‑1092.08 and 41‑1092.09 do not apply to the department of revenue.
F. The board of appeals established by section 37‑213 is exempt from:
1. The time frames for hearings and decisions provided in section 41‑1092.05, subsection A, section 41‑1092.08 and section 41‑1092.09.
2. The requirement in section 41‑1092.06, subsection A to hold an informal settlement conference at the appellant's request if the sole subject of an appeal pursuant to section 37‑215 is the estimate of value reported in an appraisal of lands or improvements.
G. Auction protest procedures pursuant to title 37, chapter 2, article 4.1 are exempt from this article.
Sec. 39. Section 41-1750, Arizona Revised Statutes, is amended to read:
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 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 a felony offense or an offense involving domestic violence as defined in section 13‑3601 or a violation of title 13, chapter 14 or title 28, chapter 4.
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 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 pursuant to by section 41‑2411.
12. Provide criminal history record information to the fingerprinting division for the purpose of screening applicants for fingerprint clearance cards.
13. Beginning January 1, 2012, provide authorized investigative providers, without cost, the arrest records of individuals, including the individual's name, address, date of birth and social security number, for individuals who are arrested in this state. The department shall provide the records electronically, on a daily basis and through a secured, password protected computerized data download system or another system that accomplishes effective and efficient electronic transfer of information. The records shall be accessible to the authorized investigative provider in a format that is searchable and sortable. The authorized investigative provider shall protect any information and shall use information only for the purpose of the Arizona background clearance card investigation.
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. 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 as may be pertinent to all persons who have been charged with, arrested for, convicted of or summoned to court as criminal defendants for felony offenses or offenses involving domestic violence as defined in section 13‑3601 or violations of title 13, chapter 14 or title 28, chapter 4 that have occurred in this state.
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 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.
2. With any noncriminal justice agency or an authorized investigative provider pursuant to a statute, ordinance or executive order that specifically authorizes the noncriminal justice agency or authorized investigative provider 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.
3. With the board of fingerprinting Arizona background clearance cards for the purpose of conducting good cause exceptions pursuant to section 41‑619.55.
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 economic security 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 economic security 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. 12. 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, or guardians appointed under section 14‑5206.
15. 13. 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. 14. 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. 15. With the internet sex offender web site database established pursuant to section 13‑3827.
19. 16. 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 teacher or administrator or an applicant for a teaching or an administrative certificate provided that the state board of education or its employees or agents have reasonable suspicion that the certificated 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. The state board of education and the state board for charter schools shall provide the department of public safety with a current list of e‑mail addresses for each school district and charter school in this state and shall periodically provide the department of public safety with updated e-mail 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 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 in this state that the person's fingerprint clearance card has been suspended or revoked.
22. With the child protective services division of the department of economic security 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.
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 economic security 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 46‑134, subsection A, paragraph 15, the licensing of foster parents or the certification of adoptive parents.
P. O. 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. P. 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. Q. 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. R. 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. S. Nothing in this section prevents 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. T. In order to ensure that complete and accurate criminal history record information is maintained and disseminated by the central state repository:
1. The arresting authority shall take legible ten‑print fingerprints of all persons who are arrested for offenses listed in subsection C of this section including persons who are arrested and released pursuant to section 13-3903, subsection C. The arresting authority may transfer an arrestee to a booking agency for ten-print fingerprinting. The arresting authority or 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. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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 V 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.
9. 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 V. 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.
10. 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. U. 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. V. 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. W. Nothing in this section creates a cause of action or a right to bring an action including an action based on discrimination due to sexual orientation.
Y. X. 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. "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.
4. "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.
5. "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.
6. "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 per cent of its annual budget to the administration of criminal justice. This subdivision includes agencies of any foreign sovereignty duly recognized by the federal government.
7. "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.
8. "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.
9. "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.
10. "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.
11. "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.
12. "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.
13. "Sexual orientation" means consensual homosexuality or heterosexuality.
14. "Subject of record" means the person who is the primary subject of a criminal justice record.
Sec. 40. 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 education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the state real estate department, the board of fingerprinting arizona background clearance cards or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Division" means the fingerprinting division in the department of public safety.
2. "Authorized investigative provider" means an Arizona criminal background investigation company that is licensed to conduct criminal history records investigations by the department of administration pursuant to section 41-1758.08.
3. "Good cause exception" means the issuance of a fingerprint an Arizona background clearance card to an employee pursuant to section 41‑619.55.
4. "Person" means a person who is required to be fingerprinted have an Arizona background clearance card pursuant to any of the following:
(a) Section 8‑105.
(b) Section 8‑322.
(c) Section 8‑509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15-503.
(g) Section 15‑512.
(h) Section 15‑534.
(i) Section 15‑1330.
(j) Section 15-1881.
(k) Section 26-103.
(l) Section 32‑2108.01.
(m) Section 32‑2123.
(n) Section 36-411.
(o) Section 36‑425.03.
(p) Section 36-446.04.
(q) Section 36‑594.01.
(r) Section 36‑594.02.
(s) Section 36‑882.
(t) Section 36‑883.02.
(u) Section 36‑897.01.
(v) Section 36‑897.03.
(w) Section 36‑3008.
(x) Section 41-619.52.
(y) Section 41-619.53.
(z) Section 41‑1964.
(aa) Section 41‑1967.01.
(bb) Section 41‑1968.
(cc) Section 41-1969.
(dd) Section 41‑2814.
(ee) Section 46‑141, subsection A.
(ff) Section 46‑321.
5. "Vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 41. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Authorized investigative providers; duties
The fingerprinting division is established in the department of public safety and An authorized investigative provider shall:
1. Conduct fingerprint background checks for a state and federal criminal background investigation on persons and applicants who are United States citizens or who have a legal right to live and work in this state and 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 a criminal background investigation pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑1330, 15‑1881, 26-103, 32‑2108.01, 32‑2123, 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 Arizona background clearance cards. On issuance, a fingerprint an Arizona background clearance card becomes remains the personal property of the cardholder and authorized investigative provider but the cardholder shall retain possession of the fingerprint arizona background clearance card. If the Arizona investigative provider, the department of public safety or the board of Arizona background clearance cards suspends or terminates a fingerprint clearance card or an Arizona background clearance card, the cardholder shall return the card to the issuing provider.
3. Each applicant shall submit an application directly to an authorized investigative provider for a state and federal criminal records investigation pursuant to section 41-1758.08. On submission of an application for a fingerprint an Arizona background 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 the applicant shall pay the fee for the investigation established by the provider and the fee pursuant to section 41-619.53 directly to the authorized investigative provider. The authorized investigative provider shall publish its investigation fee on its website.
4. Inform in writing each person who submits fingerprints an application for a fingerprint an Arizona background check clearance card of the person's right to petition the board of fingerprinting Arizona background clearance cards for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
Sec. 42. Section 41-1758.02, Arizona Revised Statutes, is amended to read:
41-1758.02. Criminal background investigation for an Arizona background clearance card; registration
A. The person, provider or agency shall submit a full set of fingerprints to the division an application for an Arizona background clearance card with the information set forth in section 41-1758.08 to an authorized investigative provider for the purpose of obtaining a state and federal criminal history records check investigation pursuant to section 41‑1750 and Public Law 92‑544 this article. If the person can present a valid fingerprint clearance card or credible documentation that the person's application for a fingerprint clearance card is pending, the person, provider or agency is not required to submit another application for a fingerprint clearance card. The division may exchange this fingerprint data with the federal bureau of investigation.
B. The person shall submit a new set of fingerprints to the division for a fingerprint background check every six years An arizona background clearance card is valid for two years from the date of issuance. The division authorized investigative provider shall conduct a new state and federal criminal history records check investigation on each application for a new or a renewal card. All class one or class two fingerprint clearance cards that were issued before October 1, 2003 january 1, 2012 pursuant to this article shall remain valid only until their normal expiration dates at which time or through December 31, 2013, whichever is later, at which time they automatically expire and the cardholder shall apply for a new fingerprint an Arizona background clearance card.
C. In order to obtain a fingerprint an Arizona background clearance card, a person shall submit a completed application for a fingerprint an Arizona background clearance card provided by the division authorized investigative provider.
D. The person, provider or agency shall submit the application and all information and documentation required by subsection C of this section along with the fingerprints 41-1758.08 to the division authorized investigative provider for a state and federal criminal history records check investigation.
Sec. 43. Section 41-1758.03, Arizona Revised Statutes, is amended to read:
41-1758.03. Arizona background clearance cards; issuance; immunity
A. On receiving the state and federal criminal history record investigation of a person, the division authorized investigative provider shall compare the record with the list of criminal offenses that preclude the person from receiving a fingerprint an arizona background clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the division authorized investigative provider shall issue the person a fingerprint an arizona background clearance card.
B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint an arizona background clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. First or second degree murder.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child prostitution as prescribed in section 13‑3212.
10. Child abuse.
11. Abuse of a vulnerable adult.
12. Sexual conduct with a minor.
13. Molestation of a child.
14. Molestation of a vulnerable adult.
15. A dangerous crime against children as defined in section 13-705.
16. Exploitation of minors involving drug offenses.
17. Taking a child for the purpose of prostitution as prescribed in section 13‑3206.
18. Neglect or abuse of a vulnerable adult.
19. Sex trafficking.
20. Sexual abuse.
21. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.
22. Furnishing harmful items to minors as prescribed in section 13‑3506.
23. Furnishing harmful items to minors by internet activity as prescribed in section 13-3506.01.
24. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.
25. Luring a minor for sexual exploitation.
26. Enticement of persons for purposes of prostitution.
27. Procurement by false pretenses of person for purposes of prostitution.
28. Procuring or placing persons in a house of prostitution.
29. Receiving earnings of a prostitute.
30. Causing one's spouse to become a prostitute.
31. Detention of persons in a house of prostitution for debt.
32. Keeping or residing in a house of prostitution or employment in prostitution.
33. Pandering.
34. Transporting persons for the purpose of prostitution, polygamy and concubinage.
35. Portraying adult as a minor as prescribed in section 13‑3555.
36. Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.
37. Unlawful sale or purchase of children.
38. Child bigamy.
C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a fingerprint an arizona background clearance card, except that the person may petition the board of fingerprinting Arizona background clearance cards for a good cause exception pursuant to section 41‑619.55:
1. Manslaughter.
2. Endangerment.
3. Threatening or intimidating.
4. Assault.
5. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.
6. Assault by vicious animals.
7. Drive by shooting.
8. Assaults on officers or fire fighters.
9. Discharging a firearm at a structure.
10. Indecent exposure.
11. Public sexual indecency.
12. Aggravated criminal damage.
13. Theft.
14. Theft by extortion.
15. Shoplifting.
16. Forgery.
17. Criminal possession of a forgery device.
18. Obtaining a signature by deception.
19. Criminal impersonation.
20. Theft of a credit card or obtaining a credit card by fraudulent means.
21. Receipt of anything of value obtained by fraudulent use of a credit card.
22. Forgery of a credit card.
23. Fraudulent use of a credit card.
24. Possession of any machinery, plate or other contrivance or incomplete credit card.
25. False statement as to financial condition or identity to obtain a credit card.
26. Fraud by persons authorized to provide goods or services.
27. Credit card transaction record theft.
28. Misconduct involving weapons.
29. Misconduct involving explosives.
30. Depositing explosives.
31. Misconduct involving simulated explosive devices.
32. Concealed weapon violation.
33. Possession and sale of peyote.
34. Possession and sale of a vapor‑releasing substance containing a toxic substance.
35. Sale of precursor chemicals.
36. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs.
37. Manufacture or distribution of an imitation controlled substance.
38. Manufacture or distribution of an imitation prescription‑only drug.
39. Manufacture or distribution of an imitation over‑the‑counter drug.
40. Possession or possession with intent to use an imitation controlled substance.
41. Possession or possession with intent to use an imitation prescription‑only drug.
42. Possession or possession with intent to use an imitation over‑the‑counter drug.
43. Manufacture of certain substances and drugs by certain means.
44. Adding poison or other harmful substance to food, drink or medicine.
45. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.
46. A criminal offense under title 13, chapter 23.
47. Child neglect.
48. Misdemeanor offenses involving contributing to the delinquency of a minor.
49. Offenses involving domestic violence.
50. Arson.
51. Kidnapping.
52. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.
53. Robbery.
54. Aggravated assault.
55. Felony offenses involving contributing to the delinquency of a minor.
56. Negligent homicide.
57. Criminal damage.
58. Misappropriation of charter school monies as prescribed in section 13-1818.
59. Taking identity of another person or entity.
60. Aggravated taking identity of another person or entity.
61. Trafficking in the identity of another person or entity.
62. Cruelty to animals.
63. Prostitution.
64. Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.
65. Welfare fraud.
D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or similar offense in another state or jurisdiction within five years from the date of applying for a fingerprint an arizona background clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division authorized investigative provider shall place a notation on the fingerprint Arizona background clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.
E. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting Arizona background clearance cards that a good cause exception was granted pursuant to section 41‑619.55, the division authorized investigative provider shall issue a fingerprint an Arizona background clearance card to the person.
F. If the division authorized investigative provider denies a person's application for a fingerprint an Arizona background clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the division authorized investigative provider shall release, on request by the board of fingerprinting Arizona background clearance cards, the person's criminal history record to the board of fingerprinting Arizona background clearance cards.
G. A person shall be granted a fingerprint an Arizona background clearance card if either of the following applies:
1. An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified. The fingerprint Arizona background clearance card shall specify only the program that granted the good cause exception. On the request of the applicant, the agency that granted the prior good cause exception shall notify the division authorized investigative provider in writing of the date on which the prior good cause exception was granted and the date of the conviction and the name of the offense for which the good cause exception was granted.
2. The board granted a good cause exception and no new precluding offense is identified.
H. The licensee or contract provider shall assume the costs of fingerprint checks and may charge these costs to persons required to be fingerprinted.
I. H. A person who is under eighteen years of age or who is at least ninety‑nine years of age is exempt from the fingerprint Arizona background clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid fingerprint Arizona background clearance cards.
J. I. The division authorized investigative provider may conduct periodic state criminal history records checks for the purpose of updating the clearance status of current fingerprint Arizona background clearance card holders and may notify the board of fingerprinting Arizona background clearance cards and the agency employing the person of the results of the records check investigation.
K. J. The division department of public safety shall revoke a person's fingerprint Arizona background clearance card on receipt of a written request for revocation from the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55. The authorized investigative provider that issued the card shall revoke a person's Arizona background clearance card on receipt of a written request for revocation from the board of Arizona background clearance cards pursuant to section 41‑619.55.
L. K. The division authorized investigative provider shall not issue a fingerprint an Arizona background clearance card to a person if the division authorized investigative provider cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing any of the offenses listed in subsection B or C of this section. If the division authorized investigative provider is unable to make the determination required by this section and does not issue a fingerprint an Arizona background clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.
M. L. Except as provided in subsection N M of this section, if after conducting a state and federal criminal history records check investigation the division authorized investigative provider determines that it is not authorized to issue a fingerprint an Arizona background clearance card to a person, the division authorized investigative provider shall notify the applicant and agency that licenses or employs the person that the division authorized investigative provider is not authorized to issue a fingerprint an Arizona background clearance card. This 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.
N. M. If, after conducting a state and federal criminal history records check investigation on a person who requests a fingerprint an Arizona background clearance card pursuant to section 15‑1881, the division authorized investigative provider determines that it is not authorized to issue a fingerprint an Arizona background clearance card to the person, the division authorized investigative provider shall not notify the agency. The division authorized investigative provider shall notify only the person who requested the card that the division authorized investigative provider is not authorized to issue a fingerprint an Arizona background clearance card.
O. N. The division authorized investigative provider is not liable for damages resulting from:
1. The issuance of a fingerprint an Arizona background clearance card to a person who is later found to have been ineligible to receive a fingerprint an Arizona background clearance card at the time the card was issued.
2. The denial of a fingerprint an Arizona background clearance card to a person who is later found to have been eligible to receive a fingerprint an Arizona background clearance card at the time issuance of the card was denied.
P. O. The issuance of a fingerprint an Arizona background clearance card does not entitle a person to employment.
Q. P. Notwithstanding any law to the contrary, a person may apply for and receive a level I fingerprint Arizona background clearance card pursuant to section 41-1758.07 to satisfy a requirement that the person have a valid fingerprint Arizona background clearance card issued pursuant to this section.
Sec. 44. Section 41-1758.04, Arizona Revised Statutes, is amended to read:
41-1758.04. Denial, suspension or revocation of fingerprint clearance card or an Arizona background clearance card
A. The division An authorized investigative provider shall deny the issuance of a fingerprint an Arizona background clearance card to any person who is awaiting trial on or who has been convicted of an offense listed in section 41‑1758.03, subsection B or C or section 41‑1758.07, subsection B or C.
B. Through December 31, 2013, for any person who holds a fingerprint clearance card the division department of public safety shall revoke the fingerprint clearance card of a person who has received a fingerprint clearance card and who is subsequently convicted of an offense listed in section 41‑1758.03, subsection B or section 41-1758.07, subsection B or C. The authorized investigative provider that issues an Arizona background clearance card shall revoke the clearance card of a person who is subsequently convicted of an offense listed in section 41‑1758.03, subsection B or section 41-1758.07, subsection B or C.
C. Through December 31, 2013, for any person who holds a fingerprint clearance card the division department of public safety shall suspend the fingerprint clearance card of a person who becomes subject to registration as a sex offender or a person who is arrested for an offense listed in section 41‑1758.03, subsection B or C or section 41‑1758.07, subsection B or C. The authorized investigative provider that issues an Arizona background clearance card shall revoke the clearance card of a person who is subject to registration as a sex offender or a person who is arrested for an offense listed in section 41‑1758.03, subsection B or C or section 41‑1758.07, subsection B or C.
D. A person who has been arrested for an offense listed in section 41‑1758.03, subsection C or section 41‑1758.07, subsection C and whose fingerprint clearance card or Arizona background clearance card has been suspended pursuant to this section may request a good cause exception hearing pursuant to section 41‑619.55.
Sec. 45. Section 41-1758.05, Arizona Revised Statutes, is amended to read:
41-1758.05. Violation; classification
A person who knowingly falsifies a material fact or who makes or uses a false fingerprint clearance card or an Arizona background clearance card knowing the false fingerprint application for the clearance card or the clearance card contains a false, fictitious or fraudulent statement is guilty of a class 3 misdemeanor.
Sec. 46. Section 41-1758.06, Arizona Revised Statutes, is amended to read:
41-1758.06. Arizona background clearance card fund; exemption from lapsing
A. The fingerprint Arizona background clearance card fund is established consisting of fees collected from applicants or contract providers by an authorized investigative provider for a fingerprint an Arizona background clearance card. The authorized investigative provider shall transmit all fees collected from applicants to the department for deposit in the fund. The department shall administer the fund as a continuing appropriation.
B. Monies deposited in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations.
Sec. 47. Section 41-1758.07, Arizona Revised Statutes, is amended to read:
41-1758.07. Level I Arizona background clearance cards; definitions
A. On receiving the state and federal criminal history record of a person who is required to be fingerprinted have a level I Arizona background clearance card pursuant to this section, the fingerprinting division in the department of public safety authorized investigative provider shall compare the record with the list of criminal offenses that preclude the person from receiving a level I fingerprint Arizona background clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections B and C of this section, the fingerprinting division authorized investigative provider shall issue the person a level I fingerprint Arizona background clearance card.
B. A person who is subject to registration as a sex offender in this state or any other jurisdiction or who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint Arizona background clearance card:
1. Sexual abuse of a vulnerable adult.
2. Incest.
3. Homicide, including first or second degree murder, manslaughter and negligent homicide.
4. Sexual assault.
5. Sexual exploitation of a minor.
6. Sexual exploitation of a vulnerable adult.
7. Commercial sexual exploitation of a minor.
8. Commercial sexual exploitation of a vulnerable adult.
9. Child prostitution as prescribed in section 13‑3212.
10. Child abuse.
11. Felony child neglect.
12. Abuse of a vulnerable adult.
13. Sexual conduct with a minor.
14. Molestation of a child.
15. Molestation of a vulnerable adult.
16. Dangerous crimes against children as defined in section 13‑705.
17. Exploitation of minors involving drug offenses.
18. Taking a child for the purpose of prostitution as prescribed in section 13‑3206.
19. Neglect or abuse of a vulnerable adult.
20. Sex trafficking.
21. Sexual abuse.
22. Production, publication, sale, possession and presentation of obscene items as prescribed in section 13‑3502.
23. Furnishing harmful items to minors as prescribed in section 13‑3506.
24. Furnishing harmful items to minors by internet activity as prescribed in section 13‑3506.01.
25. Obscene or indecent telephone communications to minors for commercial purposes as prescribed in section 13‑3512.
26. Luring a minor for sexual exploitation.
27. Enticement of persons for purposes of prostitution.
28. Procurement by false pretenses of person for purposes of prostitution.
29. Procuring or placing persons in a house of prostitution.
30. Receiving earnings of a prostitute.
31. Causing one's spouse to become a prostitute.
32. Detention of persons in a house of prostitution for debt.
33. Keeping or residing in a house of prostitution or employment in prostitution.
34. Pandering.
35. Transporting persons for the purpose of prostitution, polygamy and concubinage.
36. Portraying adult as a minor as prescribed in section 13‑3555.
37. Admitting minors to public displays of sexual conduct as prescribed in section 13‑3558.
38. Any felony offense involving contributing to the delinquency of a minor.
39. Unlawful sale or purchase of children.
40. Child bigamy.
41. Any felony offense involving domestic violence as defined in section 13-3601 except for a felony offense only involving criminal damage in an amount of more than two hundred fifty dollars but less than one thousand dollars if the offense was committed before the effective date of this section June 29, 2009.
42. Any felony offense in violation of title 13, chapter 12 if committed within five years before the date of applying for a level I fingerprint Arizona background clearance card.
43. Felony drug or alcohol related offenses if committed within five years before the date of applying for a level I fingerprint Arizona background clearance card.
44. Felony indecent exposure.
45. Felony public sexual indecency.
46. Terrorism.
47. Any offense involving a violent crime as defined in section 13‑901.03.
C. A person who is awaiting trial on or who has been convicted of committing or attempting, soliciting, facilitating or conspiring to commit one or more of the following offenses in this state or the same or similar offenses in another state or jurisdiction is precluded from receiving a level I fingerprint Arizona background clearance card, except that the person may petition the board of fingerprinting Arizona background clearance cards for a good cause exception pursuant to section 41‑619.55:
1. Any misdemeanor offense in violation of title 13, chapter 12.
2. Misdemeanor indecent exposure.
3. Misdemeanor public sexual indecency.
4. Aggravated criminal damage.
5. Theft.
6. Theft by extortion.
7. Shoplifting.
8. Forgery.
9. Criminal possession of a forgery device.
10. Obtaining a signature by deception.
11. Criminal impersonation.
12. Theft of a credit card or obtaining a credit card by fraudulent means.
13. Receipt of anything of value obtained by fraudulent use of a credit card.
14. Forgery of a credit card.
15. Fraudulent use of a credit card.
16. Possession of any machinery, plate or other contrivance or incomplete credit card.
17. False statement as to financial condition or identity to obtain a credit card.
18. Fraud by persons authorized to provide goods or services.
19. Credit card transaction record theft.
20. Misconduct involving weapons.
21. Misconduct involving explosives.
22. Depositing explosives.
23. Misconduct involving simulated explosive devices.
24. Concealed weapon violation.
25. Misdemeanor possession and misdemeanor sale of peyote.
26. Felony possession and felony sale of peyote if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
27. Misdemeanor possession and misdemeanor sale of a vapor‑releasing substance containing a toxic substance.
28. Felony possession and felony sale of a vapor-releasing substance containing a toxic substance if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
29. Misdemeanor sale of precursor chemicals.
30. Felony sale of precursor chemicals if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
31. Misdemeanor possession, misdemeanor use or misdemeanor sale of marijuana, dangerous drugs or narcotic drugs.
32. Felony possession, felony use or felony sale of marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
33. Misdemeanor manufacture or misdemeanor distribution of an imitation controlled substance.
34. Felony manufacture or felony distribution of an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
35. Misdemeanor manufacture or misdemeanor distribution of an imitation prescription‑only drug.
36. Felony manufacture or felony distribution of an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
37. Misdemeanor manufacture or misdemeanor distribution of an imitation over‑the‑counter drug.
38. Felony manufacture or felony distribution of an imitation over‑the‑counter drug if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
39. Misdemeanor possession or misdemeanor possession with intent to use an imitation controlled substance.
40. Felony possession or felony possession with intent to use an imitation controlled substance if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
41. Misdemeanor possession or misdemeanor possession with intent to use an imitation prescription‑only drug.
42. Felony possession or felony possession with intent to use an imitation prescription-only drug if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
43. Misdemeanor possession or misdemeanor possession with intent to use an imitation over‑the‑counter drug.
44. Felony possession or felony possession with intent to use an imitation over-the-counter drug if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
45. Misdemeanor manufacture of certain substances and drugs by certain means.
46. Felony manufacture of certain substances and drugs by certain means if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
47. Adding poison or other harmful substance to food, drink or medicine.
48. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.
49. A criminal offense under title 13, chapter 23, except terrorism.
50. Misdemeanor offenses involving child neglect.
51. Misdemeanor offenses involving contributing to the delinquency of a minor.
52. Misdemeanor offenses involving domestic violence as defined in section 13-3601.
53. Felony offenses involving domestic violence if the offense only involved criminal damage in an amount of more than two hundred fifty dollars but less than one thousand dollars and the offense was committed before the effective date of this section june 29, 2009.
54. Arson.
55. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
56. Criminal damage.
57. Misappropriation of charter school monies as prescribed in section 13-1818.
58. Taking identity of another person or entity.
59. Aggravated taking identity of another person or entity.
60. Trafficking in the identity of another person or entity.
61. Cruelty to animals.
62. Prostitution, as prescribed in section 13-3214.
63. Sale or distribution of material harmful to minors through vending machines as prescribed in section 13‑3513.
64. Welfare fraud.
65. Any felony offense in violation of title 13, chapter 12 if committed more than five years before the date of applying for a level I fingerprint Arizona background clearance card.
66. Kidnapping.
67. Robbery, aggravated robbery or armed robbery.
D. A person who is awaiting trial on or who has been convicted of committing or attempting to commit a misdemeanor violation of section 28‑1381, 28‑1382 or 28‑1383 in this state or the same or a similar offense in another state or jurisdiction within five years from the date of applying for a level I fingerprint Arizona background clearance card is precluded from driving any vehicle to transport employees or clients of the employing agency as part of the person's employment. The division authorized investigative provider shall place a notation on the level I fingerprint Arizona background clearance card that indicates this driving restriction. This subsection does not preclude a person from driving a vehicle alone as part of the person's employment.
E. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting Arizona background clearance cards that a good cause exception was granted pursuant to section 41‑619.55, the fingerprinting division authorized investigative provider shall issue a level I fingerprint Arizona background clearance card to the applicant.
F. If the fingerprinting division authorized investigative provider denies a person's application for a level I fingerprint Arizona background clearance card pursuant to subsection C of this section and a good cause exception is requested pursuant to section 41‑619.55, the fingerprinting division authorized investigative provider shall release, on request by the board of fingerprinting Arizona background clearance cards, the person's criminal history record to the board of fingerprinting Arizona background clearance cards.
G. A person shall be granted a level I fingerprint Arizona background clearance card pursuant to this section if either of the following applies:
1. An agency granted a good cause exception before August 16, 1999 and no new precluding offense is identified. The fingerprint Arizona background clearance card shall specify only the program that granted the good cause exception. On the request of the applicant, the agency that granted the prior good cause exception shall notify the fingerprinting division or the authorized investigative provider, as applicable, in writing of the date on which the prior good cause exception was granted, and the date of the conviction and the name of the offense for which the good cause exception was granted.
2. The board granted a good cause exception and no new precluding offense is identified.
H. The licensee or contract provider shall assume the costs of fingerprint checks conducted pursuant to this section and may charge these costs to persons required to be fingerprinted.
I. H. A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the level I fingerprint Arizona background clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid level I fingerprint Arizona background clearance cards.
J. I. The fingerprinting division and an authorized investigative provider may conduct periodic state and federal criminal history records checks investigations for the purpose of updating the clearance status of current level I fingerprint clearance cardholders and level I Arizona background clearance cardholders pursuant to this section and may notify the board of fingerprinting Arizona background clearance cards and the agency of the results of the records check investigation.
K. J. The fingerprinting division or the authorized investigative provider, as applicable, shall revoke a person's level I fingerprint clearance card or level I Arizona background clearance card on receipt of a written request for revocation from the board of fingerprinting Arizona background clearance cards pursuant to section 41‑619.55.
L. K. The fingerprinting division authorized investigative provider shall not issue a level I fingerprint Arizona background clearance card to an applicant if the division authorized investigative provider cannot determine, within thirty business days after receipt of the person's state and federal criminal history record information, whether the person is awaiting trial on or has been convicted of committing any of the offenses listed in subsection B or C of this section. If the division authorized investigative provider is unable to make the determination required by this section and does not issue a level I fingerprint Arizona background clearance card to a person, the person may request a good cause exception pursuant to section 41‑619.55.
M. L. If after conducting a state and federal criminal history records check investigation the fingerprinting division authorized investigative provider determines that it is not authorized to issue a level I fingerprint Arizona background clearance card to an applicant, the division authorized investigative provider shall notify the applicant and the agency that the fingerprinting division authorized investigative provider is not authorized to issue a level I fingerprint arizona background clearance card. This 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.
N. M. The fingerprinting division authorized investigative provider is not liable for damages resulting from:
1. The issuance of a level I fingerprint Arizona background clearance card to an applicant who is later found to have been ineligible to receive a level I fingerprint Arizona background clearance card at the time the card was issued.
2. The denial of a level I fingerprint Arizona background clearance card to an applicant who is later found to have been eligible to receive a level I fingerprint Arizona background clearance card at the time issuance of the card was denied.
O. N. Notwithstanding any law to the contrary, an individual may apply for and receive a level I fingerprint Arizona background clearance card pursuant to this section to satisfy a requirement that the person have a valid fingerprint Arizona background clearance card issued pursuant to section 41-1758.03.
P. O. Notwithstanding any law to the contrary, except as prescribed pursuant to subsection Q P of this section, an individual who receives a level I fingerprint Arizona background clearance card pursuant to this section also satisfies a requirement that the individual have a valid fingerprint Arizona background clearance card issued pursuant to section 41‑1758.03.
Q. P. Unless a cardholder commits an offense listed in subsection B or C of this section after the effective date of this section, a fingerprint June 29, 2009, an Arizona background clearance card issued pursuant to section 41-1758.03 before the effective date of this section June 29, 2009 and its renewals are valid for all requirements for a level I fingerprint Arizona background clearance card except those relating to the requirements of section 8-105 or 8-509. A fingerprint An Arizona background clearance card issued before the effective date of this section June 29, 2009 to meet the requirements of section 8-105 or 8-509, and its renewals are valid after the effective date of this section June 29, 2009 to meet all requirements for a level I fingerprint Arizona background clearance card, including the requirements of section 8-105 or 8-509 if the cardholder has been certified by the court to adopt or has been issued a foster home license before the effective date of this section June 29, 2009.
R. Q. The issuance of a level I fingerprint Arizona background clearance card does not entitle a person to employment.
R. All fingerprint clearance cards issued by the department of public safety expire on December 31, 2013.
S. For the purposes of this section:
1. "Person" means a person who is fingerprinted required to submit to a state and federal criminal records investigation and obtain an Arizona background clearance card pursuant to:
(a) Section 8-105, 8-509, 8-802, 36-594.01, 36-594.02, 36-882, 36‑883.02, 36-897.01, 36-897.03, 41-619.52, 41‑619.53, 41-1964, 41‑1967.01, 41-1968, 41-1969 or 46-141.
(b) Subsection O N of this section.
2. "Renewal" means the issuance of a fingerprint an Arizona background clearance card to an existing fingerprint Arizona background clearance cardholder who applies before the person's existing fingerprint arizona background clearance card expires.
Sec. 48. Title 41, chapter 12, article 3.1, Arizona Revised Statutes, is amended by adding section 41-1758.08, to read:
41-1758.08. Arizona authorized investigative provider; licensure; duties; identity verification
A. The department of administration shall license and monitor an authorized investigative provider for the purpose of conducting state and federal criminal history records investigations and issuing Arizona background clearance cards to applicants. To be licensed as an authorized investigative provider, the authorized investigative provider shall:
1. Pay an application fee of two thousand five hundred dollars.
2. Pay an annual license maintenance fee of five hundred dollars.
3. Be a corporation or limited liability company that is incorporated in this state or that has its principle office located in this state.
4. Require that each majority shareholder or managing member be a licensed Arizona private investigator for not less than five years preceding the date of application and be a resident of this state.
5. Require that all employees or persons who are assigned, responsible for, in charge of or accountable for investigative duties on any applicant file are licensed as a private investigator pursuant to title 32, chapter 24.
6. Require that any person who is employed by the authorized investigative provider pass the same criminal history records background investigation prescribed in sections 41-1758.03 and 41-1758.07.
B. A licensed authorized investigative provider shall:
1. Conduct a new and live investigation on each application by researching current state and federal court databases, or physically researching state and federal court files if court databases are not available, for disposition records in the jurisdiction where the applicant resided for the twenty years preceding the application date. The authorized investigative provider may expand and enhance its investigation by using other information received from a non-court database or through instant search methodologies for identification verification.
2. Include the following information on each issued Arizona background clearance card:
(a) The cardholder's full name, age and department or agency of employment.
(b) A current photograph of the cardholder in passport style.
(c) The card's date of issue and date of expiration.
(d) A unique and personal verification number for the purpose of immediate verification and authentication of the card and the cardholder.
(e) The authorized investigative provider's name, address, telephone number and website address.
(f) At least one security feature on the card.
3. Provide that each Arizona background clearance card is verifiable by internet access through the authorized investigative provider's website, free of charge to the public. The online verification site shall include:
(a) The applicant's photo and age and the card's date of issue and expiration.
(b) A feature allowing the person accessing the information to view and print a certification of the applicant's Arizona background clearance card status.
4. Notify a cardholder in writing sixty days before the expiration of the card of the card's expiration date.
5. Not sell or give any information obtained by a provider from an applicant and the department of public safety to any other entity or person as provided by this article.
6. Submit as part of its application to the department of administration how the provider will develop, document and implement a company-wide information security program to provide information security for the personal information of all Arizona background clearance card applicants, information received from the department of public safety and its information systems. A provider must host, store and backup Arizona background clearance card applicant information only in a facility it owns or leases which must be within the United States. No such information may be outsourced in or to a third-party facility to host, store or backup.
7. If the provider determines that a person has been indicted, charged with, convicted of or pled guilty no contest to any crime listed in section 41-1758.03 or 41‑1758.07, the authorized investigative provider, or the board of Arizona background clearance cards, deny, suspend or terminate the person's Arizona background clearance card and provide notice of the denial, suspension or termination on the authorized investigative provider's website. If already issued, the Arizona background clearance card shall be reinstated only by order of the board of Arizona background clearance cards.
8. If an agency informs the provider that a cardholder is under investigation for a crime that is precluded pursuant to section 41-1758.03 or 41-1758.07 and the provider verifies the information through a law enforcement agency or court, temporarily suspend the card and provide notice of the suspension to the agency and individual in writing, including that the person has a right of appeal to the board of Arizona background clearance cards.
9. At the request of the department of administration, deliver a secured electronic file of all of the Arizona background clearance card investigations performed by the provider, including name, date of birth, address, issuance date and expiration date. The department of administration shall keep the data in a safe and secured location. Failure to provide the data subjects the provider to license revocation and a five hundred thousand dollar penalty assessable against the company and its officers or principle members.
C. An applicant for a valid Arizona background clearance card may obtain an application from an authorized investigative provider. The applicant shall complete the application and provide a current photo, in passport style and form, which may be printed on the application in the space provided or attached to the application. The application shall contain the applicant's full name and maiden name, if any, address, birth date, social security number, height, weight, eye color and hair color. The applicant shall present at least one form of valid state government issued photo identification and a valid social security card to a notary public for review and sign the application in front of the notary public. The notary public shall sign an acknowledgment of authentication of the applicant's signature. The applicant shall send or deliver the completed notarized application to an authorized investigative provider for final identity verification and investigation of the applicant's state and federal criminal background. The authorized investigative provider shall verify the applicant's identity as part of the criminal background investigation. The applicant shall cooperate with the authorized investigative provider regarding information needed to verify the applicant's identity. If the applicant provides materially false information on the application, the authorized investigative provider shall not issued an Arizona background clearance card and shall notify the applicant of the denial. The applicant may appeal the denial to the board of Arizona background clearance cards for review. If the board of Arizona background clearance cards finds that the identity of the individual is verified or that the information provided on the application by the applicant is not materially false, the authorized investigative provider shall continue with the investigation on notice from the board.
D. If an authorized investigative provider requests a copy of a disposition record from an Arizona court for the purposes of an investigation, the court shall release the disposition record to the authorized investigative provider at a price that is not more than the court's cost for retrieving the information and shall do so in an expeditious and timely manner. A disposition record shall include the plea agreement, judgment or court order regarding the case disposition and history, if any.
E. All authorized investigative providers shall collect the fees prescribed in section 41-619.53 and transmit the fees to the board of Arizona background clearance cards within thirty days of the end of each month. If a provider fails to timely transmit the fees and the amounts are not paid within ten days after the board mails notice to the provider of the failure to pay, the department of administration may revoke the provider's license. With ten day's written notice, a representative of the board of Arizona background clearance cards or the department of administration may review or audit a provider's financial books with reference to any investigation performed by the provider for an Arizona background clearance card at the provider's location.
F. The department of administration shall license an authorized investigative provider applicant who meets all of the requirements of this section. On ten days written notice, the department of administration may audit any authorized provider's processes, including the investigation of state and federal records, the issuance of Arizona background clearance cards and for compliance with all of the requirements in this section. The department of administration may suspend or terminate the license of an authorized investigative provider who fails to abide by the requirements of this section.
Sec. 49. Section 41-1964, Arizona Revised Statutes, is amended to read:
41-1964. Day care homes; child care personnel; Arizona background clearance card; definition
A. Child care personnel shall have valid fingerprint clearance cards or valid Arizona background clearance cards issued pursuant to section 41‑1758.07 or shall apply for a fingerprint An Arizona background clearance card no later than seven working days from the date of certification by the department or within seven working days after residing or working in the home of a child care home provider or being designated as a backup provider.
B. Before certification or within seven working days after residing or working in the home of a child care provider or being designated as a backup provider, child care personnel shall certify on forms that are provided by the department and notarized whether:
1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.
C. The department shall make documented, good faith efforts to contact previous employers of certified day care home personnel to obtain information or recommendations that may be relevant to an individual's fitness for work in a certified day care home.
D. The notarized forms are confidential.
E. The department of economic security shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the department of economic security receives credible evidence that any child care personnel who possesses a valid fingerprint clearance card the cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B or C.
2. Falsified information on the form required by subsection B of this section.
F. For the purposes of this section, "child care personnel" means child care home providers, in‑home providers and noncertified relative providers as defined in section 46‑801 and designated backup providers and all persons who are eighteen years of age or older and who work or reside in the home of a child care home provider.
Sec. 50. Section 41-1967, Arizona Revised Statutes, is amended to read:
41-1967. Child care resource and referral system; immunity
A. The department shall establish and maintain a statewide child care resource and referral system, including a child care home provider registry, through community‑based organizations to:
1. Provide families with:
(a) Information on all types of child care.
(b) Referrals to child care providers and programs.
(c) Information about child care resources and services.
(d) Information about choosing child care.
(e) Information about registered child care home providers.
2. Assist child care providers and programs with:
(a) Information on training related to child care issues.
(b) Technical assistance that relates to initiating or providing child care services.
(c) Parent referrals.
(d) Becoming registered as a child care home provider.
3. Coordinate with the community to:
(a) Develop statistics of the demand for and supply of child care.
(b) Maintain ongoing relationships with all local groups interested in child care.
B. The child care resource and referral system shall:
1. Identify all available child care providers and programs through coordination with public and private agencies.
2. Collect in a uniform method provider information for the referral database that includes:
(a) The type of program.
(b) The hours of service.
(c) The ages of children served.
(d) Fees for service.
(e) The licensure, certification and registration status of providers.
(f) Other significant provider and program information.
3. Establish and maintain a referral process that responds to parental need for information. The child care resource and referral system shall make referrals to child care providers and programs that:
(a) Promote parental choice and meet the needs of families.
(b) Are included in the resource and referral database.
4. Collect in a uniform method family information for the referral database that includes the:
(a) Number of calls and contacts.
(b) Ages of children in need of care.
(c) Days and times of care requested.
(d) Type of care requested.
(e) Special needs and requests made by the family.
(f) Reason that the care is needed.
5. Provide outreach services that include:
(a) Efforts to reach parents and providers in local communities.
(b) Involvement in the local communities.
(c) Publication of services through all available media sources, agencies and other appropriate channels.
(d) Public awareness information to parents and providers about the child care home provider registry and the benefits of using the registry or becoming registered.
6. Provide technical assistance to existing and prospective child care providers and programs that include:
(a) Information on all aspects of initiating new child care services including child care regulations, zoning, program and budget development and assistance in finding information from other sources.
(b) Educational information and resources that assist existing child care providers and programs to better serve the children and parents in their community.
(c) Local coordination of existing child care and child related services.
7. Establish and maintain a child care home provider registry that includes:
(a) Child care home providers that are registered pursuant to section 41‑1967.01.
(b) A complaint tracking system that contains written complaints concerning providers and written provider responses. The complaints and responses are available to the public.
(c) A system for notifying a provider that is excluded or removed from the registry that the provider may appeal directly to the entity making the determination resulting in the exclusion or removal.
(d) Information provided by registered providers relating to the services provided and child care environment.
C. The following child care providers are eligible to be considered for inclusion in the child care resource and referral database, unless barred by other provisions of law:
1. Child care providers licensed or certified by a government agency that is authorized by law to license, certify or approve child care providers.
2. Child care home providers that are registered pursuant to section 41‑1967.01. These providers shall submit and amend when necessary sworn, written statements to the department or its designees, on forms approved by the department, attesting that the provider is not subject to exclusion or removal from the child care resource and referral database under any of the grounds specified in subsection E of this section.
D. Child care providers identified in subsection C, paragraph 1 of this section may be excluded or removed from the child care resource and referral database whenever the provider's license or certification is revoked, terminated or suspended, or when a child care facility is closed for cause.
E. Child care home providers identified in subsection C, paragraph 2 of this section may be excluded or removed from the child care home provider registry and the child care resource and referral database if:
1. The provider fails to obtain a fingerprint clearance card or an Arizona background clearance card or the provider's fingerprint clearance card or Arizona background clearance card is revoked or suspended.
2. The provider has been denied a license to operate a facility for the care of children or had a license or certificate to operate a facility revoked or has been removed for cause from participation in the child and adult food program in this state or in any other state or jurisdiction.
3. The provider, the provider's employees or any person eighteen years of age or older who resides in the provider's child care facility has been convicted of or is awaiting trial on any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar criminal offenses in any other state or jurisdiction.
4. The provider, the provider's employees or any person who resides in the provider's child care facility has been the subject of an investigation where a report of child abuse or neglect has been substantiated by a child protective services agency or a law enforcement agency in this state or in any other state or jurisdiction.
5. The provider fails to maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.
6. The provider fails to enclose a pool pursuant to section 36‑1681, subsections A, B and C.
7. The provider fails to separately store firearms and ammunition under lock and key or combination lock.
F. This section and section 41‑1967.01 do not create an affirmative obligation on the part of any state agency or any child care resource and referral agency to review, monitor or investigate child care providers and programs.
G. Neither this state nor its officers or employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41‑1967.01, except for gross negligence or conduct intended to cause injury.
H. Neither a child care resource and referral agency nor its officers and employees, acting within the scope of their employment, are liable for any damage or injury caused by their conduct pursuant to this section or section 41‑1967.01, except for gross negligence or conduct intended to cause injury.
I. The department shall adopt rules that are consistent with the terms of this section.
Sec. 51. Section 41-1967.01, Arizona Revised Statutes, is amended to read:
41-1967.01. Child care home provider; registration; Arizona background clearance card; definition
A. A child care home provider who receives compensation to care for four or fewer children and who has not been certified by the department of economic security pursuant to section 46‑807 or licensed or certified by the department of health services pursuant to section 36‑883 or 36‑897.01 shall register with the department of economic security if the child care home provider wishes to be listed with the child care resource and referral system.
B. Each applicant for registration shall submit a full set of fingerprints to the department of public safety an application for an Arizona background clearance card to an authorized investigative provider for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation and an Arizona background clearance card issued pursuant to chapter 12, article 3.1 of this title.
C. Child care providers shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07 or shall apply for a fingerprint clearance card or an Arizona background clearance card by the date of registration with the department.
D. By the date of registration, child care providers shall certify on forms that are provided by the department and notarized whether:
1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41‑1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.
2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have been denied a license to operate a child care facility for cause in this state or another state or had a license or certificate to operate a child care facility revoked.
E. The notarized forms are confidential.
F. Each applicant for registration shall not have been the subject of an investigation where a report of child abuse or neglect has been substantiated.
G. Each applicant shall maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.
H. The applicant shall enclose any pool on the applicant's premises pursuant to section 36‑1681, subsections A, B and C.
I. The applicant shall separately store firearms and ammunition under lock and key or combination lock.
J. The department shall adopt rules to carry out this section.
K. The director shall charge a fee for processing the fingerprint information required pursuant to this section.
K. If an applicant does not have a valid fingerprint clearance card, the applicant shall apply directly with an authorized investigative provider to obtain an Arizona background clearance card.
L. Any obligation or liability under this section is governed by the provisions of section 41‑1967, subsections F, G and H.
M. For the purposes of this section, "child care provider" means a registered child care home provider pursuant to subsection A of this section.
Sec. 52. Section 41-1968, Arizona Revised Statutes, is amended to read:
41-1968. DES employees; Arizona background clearance card requirement; definition
Each employee of the department who has contact with children or vulnerable adults shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07 or provide to the department documentation of the person's application for a fingerprint an Arizona background clearance card. The employee shall certify on forms that are provided by the department or an authorized investigative provider and that are notarized whether the employee is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13‑3623.
Sec. 53. Section 41-1969, Arizona Revised Statutes, is amended to read:
41-1969. Information technology personnel; criminal history records
A. Each employee of the department of economic security who is employed in an information technology position shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07 or provide to the department documentation of the person's application for a fingerprint an Arizona background clearance card. Before accepting an offer of employment, an applicant for an information technology position in the department of economic security shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41‑1758.07 or provide to the department documentation of the person's application for a fingerprint an Arizona background clearance card.
B. The department of economic security shall not disclose information obtained pursuant to subsection A of this section except to members of the department's staff solely for employment purposes.
Sec. 54. Section 41-2814, Arizona Revised Statutes, is amended to read:
41-2814. Arizona background clearance card personnel requirement; exception; violation; classification; definition
A. All employees of the department and all contract service providers that provide services primarily on department premises shall be fingerprinted have a valid fingerprint clearance card or a valid Arizona background clearance card. These individuals shall submit fingerprints and the form an application for an Arizona background clearance card prescribed in subsection F of this section within seven days after the date of employment. Employment with the department is conditioned on the results of the fingerprint check state and federal criminal records investigation and the issuance of an Arizona background clearance card to that person. Fingerprint checks A state and federal criminal records investigation shall be conducted pursuant to section 41‑1750, subsection G, paragraph 1 chapter 12, article 3.1 of this title.
B. Except as provided in subsection A of this section, a paid or unpaid employee of a licensee or contract provider who has direct contact with committed youth shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to chapter 12, article 3.1 of this title or shall apply for a fingerprint an Arizona background clearance card within seven days of beginning employment.
C. A service contract or license with any contract provider or licensee that involves the employment of persons who have direct contact with committed youth shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsection F of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsection F of this section in this jurisdiction or acts committed in another jurisdiction that would be offenses in this jurisdiction or if the person does not possess A valid fingerprint clearance card or is denied issuance of a valid fingerprint Arizona background clearance card.
D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or a valid fingerprint clearance card, who has been denied issuance of a valid fingerprint Arizona background clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 1, 2, 3, 6, 7, 9, 15 through 18 and 21 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth.
E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or a valid fingerprint clearance card, who has been denied issuance of a valid fingerprint Arizona background clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 4, 5, 8, 10 through 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth unless the employee is granted a good cause exception pursuant to section 41‑619.55.
F. Personnel who are employed by the department and contract personnel who have direct contact with committed youth shall certify on forms provided by the department or an authorized investigative provider and notarized whether they are awaiting trial on or have ever been convicted of or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:
1. Sexual abuse of a minor.
2. Incest.
3. First or second degree murder.
4. Kidnapping.
5. Arson.
6. Sexual assault.
7. Sexual exploitation of a minor.
8. Felony offenses involving contributing to the delinquency of a minor.
9. Commercial sexual exploitation of a minor.
10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.
11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
12. Burglary.
13. Aggravated or armed robbery.
14. Robbery.
15. A dangerous crime against children as defined in section 13-705.
16. Child abuse.
17. Sexual conduct with a minor.
18. Molestation of a child.
19. Manslaughter.
20. Assault or aggravated assault.
21. Exploitation of minors involving drug offenses.
22. A violation of section 28‑1381, 28‑1382 or 28‑1383.
23. Offenses involving domestic violence.
G. The department shall make documented, good faith efforts to contact previous employers of personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment.
H. Hospital employees, licensed medical personnel, staff and volunteers who provide services to juveniles in a health care facility located outside the secure care facility and who are under the direct visual supervision as is medically reasonable of the department's employees or the department's contracted security employees are exempt from the requirements of this section.
I. The department of juvenile corrections shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the department of juvenile corrections receives credible evidence that a person who possesses a valid fingerprint clearance card cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection F of this section.
J. A person who makes a false statement, representation or certification in an application for employment with the department is guilty of a class 3 misdemeanor.
K. For the purposes of this section, "employee" means paid and unpaid personnel who have direct contact with committed youth.
Sec. 55. Section 41-3013.12, Arizona Revised Statutes, is amended to read:
41-3013.12. Board of Arizona background clearance cards; termination July 1, 2013
A. The board of fingerprinting Arizona background clearance cards terminates on July 1, 2013.
B. Title 41, chapter 3, article 12 is repealed on January 1, 2014.
Sec. 56. Section 46-141, Arizona Revised Statutes, is amended to read:
46-141. Criminal record information investigations; Arizona background clearance card for employees and applicants
A. Each license granted by the department of economic security and each contract entered into between the department of economic security and any contract provider for the provision of services to juveniles shall provide that, as a condition of employment, personnel who are employed by the licensee or contractor, whether paid or not, and who are required or allowed to provide services directly to juveniles shall have a valid fingerprint clearance card or a valid Arizona background clearance card issued pursuant to section 41-1758.07 or shall apply for a fingerprint an Arizona background clearance card within seven working days of employment.
B. All applicants shall apply for and pay for an Arizona background clearance card directly to an authorized investigative provider. The licensee or contractor shall may assume the costs of fingerprint checks and may charge these costs to its fingerprinted personnel the investigation for an Arizona background clearance card. The department may allow all or part of the costs of fingerprint checks the state and federal criminal records investigation to be included as an allowable cost in a contract.
C. A service contract or license with any contract provider or licensee that involves the employment of persons who have contact with juveniles shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsections F and G of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsections F and G of this section in this state or similar offenses in another state or jurisdiction or if the person does not possess a valid fingerprint clearance card or a valid Arizona background clearance card or is denied issuance of a valid fingerprint Arizona background clearance card.
D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or a valid fingerprint clearance card or a valid Arizona background clearance card, who has been denied issuance of a valid fingerprint Arizona background clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection B is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing contact with juveniles.
E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or a valid fingerprint clearance card or a valid Arizona background clearance card, who or has been denied issuance of a valid fingerprint Arizona background clearance card or who certifies pursuant to subsections F and G of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in section 41-1758.07, subsection C is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring contact with juveniles unless the person is granted a good cause exception pursuant to section 41‑619.55.
F. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security or an authorized investigative provider and notarized whether they are awaiting trial on or have ever been convicted of any of the criminal offenses listed in section 41‑1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.
G. Personnel who are employed by any contract provider or licensee, whether paid or not, and who are required or allowed to provide services directly to juveniles shall certify on forms provided by the department of economic security or an authorized investigative provider and notarized whether they have ever committed any act of sexual abuse of a child, including sexual exploitation and commercial sexual exploitation, or any act of child abuse.
H. Federally recognized Indian tribes or military bases may submit and the department of economic security shall accept certifications that state that personnel who are employed or who will be employed during the contract term have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection F of this section.
I. A person who applies to the department of economic security for a license or certificate or for paid or unpaid employment, including contract services, and who will provide direct services to juveniles or vulnerable adults shall submit a full set of fingerprints to the department an application for an Arizona background clearance card to an authorized investigative provider for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. This subsection does not apply to those persons who are subject to section 8‑105, 8-509, 8-802 or 41-1968 investigation pursuant to title 41, chapter 12, article 3.1.
J. The special services unit of the department of economic security may use the department of public safety automated system to update all criminal history record information in order to ensure, to the maximum extent reasonably possible, complete disposition information. The department of economic security may deny employment or issuance or renewal of the contract or license applied for in these cases if it determines that the criminal history record information indicates that such employee, applicant or contractor is not qualified or suitable.
K. Only volunteers who provide services to juveniles under the direct visual supervision of the contractor's or licensee's employees are exempt from the fingerprinting Arizona background clearance card requirements of this section.
L. The department of economic security shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the department of economic security receives credible evidence that a person who possesses a valid fingerprint clearance card or a valid Arizona background clearance card pursuant to subsection A of this section either:
1. Is arrested for or charged with an offense listed in section 41‑1758.07, subsection B or C.
2. Falsified information on the form required by subsection F of this section.
Sec. 57. Section 46-321, Arizona Revised Statutes, is amended to read:
46-321. Arizona background clearance card; affidavit
A. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies from the department of education shall register with the department of education in order to receive those monies, unless they are public schools, child care facilities licensed by the department of health services or child care homes certified by the department of economic security.
B. Sponsors, except military bases and federally recognized Indian tribes, receiving federal child care food program monies as provided in subsection A of this section shall require all child care providers to submit the form prescribed in subsection F of this section to the department of education and to have valid fingerprint clearance cards or valid Arizona background clearance cards issued pursuant to title 41, chapter 12, article 3.1 or to apply for a fingerprint an Arizona background clearance card within seven working days of employment before they receive any of those monies.
C. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that any child care personnel who is employed or who will be employed during the contract term has not been convicted of, has not admitted to or is not awaiting trial on any of the offenses listed in subsection F of this section or is not the parent or guardian of a child adjudicated to be a dependent child as defined in section 8‑201 or the parent or guardian of a child adjudicated a dependent child under similar provisions in another state or jurisdiction.
D. Sponsors that are federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that good faith efforts have been made to contact previous employers of tribal and military child care personnel.
E. The department of education shall charge sponsors receiving federal child care food program monies as provided in subsection A of this section for the costs of their fingerprint checks investigations. All applicants shall apply and pay for an Arizona background clearance card directly to an authorized investigative provider.
F. Sponsors receiving federal child care food program monies as provided in subsection A of this section shall require all child care personnel to certify on forms that are provided by the department of education and notarized that:
1. They are not awaiting trial on and have never been convicted of or admitted committing any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:
(a) Sexual abuse of a minor.
(b) Incest.
(c) First or second degree murder.
(d) Kidnapping.
(e) Arson.
(f) Sexual assault.
(g) Sexual exploitation of a minor.
(h) Felony offenses involving contributing to the delinquency of a minor.
(i) Commercial sexual exploitation of a minor.
(j) Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.
(k) Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
(l) Burglary.
(m) Aggravated or armed robbery.
(n) Robbery.
(o) A dangerous crime against children as defined in section 13-705.
(p) Child abuse.
(q) Sexual conduct with a minor.
(r) Molestation of a child.
(s) Manslaughter.
(t) Assault or aggravated assault.
(u) Exploitation of minors involving drug offenses.
(v) A violation of section 28‑1381, 28‑1382 or 28‑1383.
(w) Offenses involving domestic violence.
2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8‑201.
3. They have not been denied a license to operate a facility for the care of children for cause in this state or another state or had a license or certificate to operate such a facility revoked.
G. Sponsors shall make documented, good faith efforts to contact previous employers of child care personnel who receive federal child care food program monies as provided in subsection A of this section to obtain information or recommendations that may be relevant to an individual's fitness for child care.
H. The notarized forms are confidential.
I. The state board of education shall notify the department of public safety if the person possesses a fingerprint clearance card or the authorized investigative provider if the person possesses an Arizona background clearance card if the state board of education receives credible evidence that any child care provider who possesses a valid fingerprint clearance card is a cardholder either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection F of this section.
Sec. 58. Requirements for enactment; two-thirds vote
Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.
Sec. 59. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fiftieth legislature, second regular session.
