Reference Title: fingerprinting; cleanup

AN ACT
AMENDING SECTION 15-512, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1998, CHAPTER 64, SECTION 2 AND CHAPTER 218, SECTION 1; REPEALING SECTION 15-512, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1998, CHAPTER 270, SECTION 2; AMENDING SECTION 15-534, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1998, CHAPTER 218, SECTION 2; PROVIDING FOR THE DELAYED REPEAL OF SECTION 15-534, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1998, CHAPTER 270, SECTION 3; AMENDING SECTIONS 41-619.53, 41-619.55, 41-1758.01 AND 41-1758.04, ARIZONA REVISED STATUTES; AMENDING SECTION 41-1758.03, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1999, CHAPTER 11, SECTION 25; AMENDING LAWS 1998, CHAPTER 270, SECTION 31; RELATING TO FINGERPRINTING.

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

Section 1. Section 15-512, Arizona Revised Statutes, as amended by Laws 1998, chapter 64, section 2 and chapter 218, section 1, is amended to read:

15-512 . Noncertificated personnel; fingerprinting personnel; 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 as a condition of employment 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. 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. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.

C. The 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.

D. Personnel required to be fingerprinted as prescribed in subsection A of this section shall certify on forms that are provided by the school 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 13-604.01.

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 the provisions of 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 F. 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 a 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.

H. 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.

H. 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.

I. J. The superintendent of a school district or chief administrator of a charter school or their 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.

J. K. Until June 30, 1999, A school district may hire noncertificated personnel before receiving the results of the fingerprint check but may 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. 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 are received if all of the following conditions are met:

1. Until June 30, 1999, 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 could be completed.

2. Until June 30, 1999, The school district that is seeking to hire the applicant shall perform all of the following:

(a) Ensure that the department of public safety completes a statewide criminal history information check on the applicant. A statewide criminal history information check shall be completed by the department of public safety every one hundred and 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) Supervise PROVIDE GENERAL SUPERVISION OF the applicant until the date that the fingerprint check is completed.

(d) Report to the superintendent of public instruction on June 30 and December 31 the number of applicants hired prior to the completion of a fingerprint check. In addition, the school district shall report the number of applicants for whom fingerprint checks were not received after one hundred twenty days and after one hundred seventy-five days of hire.

K. 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.

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.

L. N. For the purpose of this section, "background investigation" is defined as MEANS any communication with an employee 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.

Sec. 2. Repeal

Section 15-512 , Arizona Revised Statutes, as amended by Laws 1998, chapter 270, section 2, is repealed.

Sec. 3. Section 15-534, Arizona Revised Statutes, as amended by Laws 1998, chapter 218, section 2, is amended effective from and after August 16, 1999, to read:

15-534 . Fingerprinting; affidavit; violation; classification

A. A person applying for a certificate as prescribed in section 15-203 shall be fingerprinted as a condition of certification. The employee's fingerprints and the form prescribed in subsection E of this section shall be submitted to the department of education at the time of application for certification. HAVE A VALID CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD ISSUED PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1. Applicants for renewal of any certificate shall not be required to be fingerprinted as a condition of renewal unless the school district requests the department of education to fingerprint the applicant. A person who already holds a certificate as provided in section 15-203 and who applies for additional certificates shall not be required to be fingerprinted.

B. The department of education shall develop procedures for the fingerprinting of applicants for certification and renewal of any certificate.

C. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G.

D. The department of education shall assume the costs of fingerprint checks and may charge these costs to the fingerprinted applicant for certification. Any monies collected shall be deposited in the fingerprint revolving fund and shall be used to defray the costs incurred as a result of fingerprint checks. The department shall establish procedures for the expenditure of fund monies and the reimbursement of monies to the fund. The department of education fingerprint revolving fund shall be established as a separate account on the books of the department of education. Monies of the department of education fingerprint revolving fund shall not revert to the state general fund. If a school district requests that an applicant for renewal of any certificate be fingerprinted as provided in subsection A of this section, the department of education may charge these costs to the school district. The costs charged to a fingerprinted applicant are limited to the actual costs, including personnel costs, incurred as a result of the fingerprint checks.

E. B. Applicants shall certify on forms that are provided by the department of education 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 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 , or dangerous DRUGS 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. 12. Burglary in the first degree .

14. Burglary in the second or third degree.

15. 13. Aggravated or armed robbery.

16. 14. Robbery.

17. 15. A dangerous crime against children as defined in section 13-604.01.

18. 16. Child abuse.

19. 17. Sexual conduct with a minor.

20. 18. Molestation of a child.

21. 19. Voluntary Manslaughter.

22. 20. ASSAULT OR aggravated assault.

23. Assault.

24. 21. Exploitation of minors involving drug offenses.

22. A VIOLATION OF SECTION 28-1381, 28-1382 OR 28-1383.

23. OFFENSES INVOLVING DOMESTIC VIOLENCE.

F. C. The state board of education may review and may revoke , not issue or not renew the certificate of a person who has been convicted of or admitted in open court or pursuant to a plea agreement committing any of the criminal offenses prescribed in subsection E B of this section or a similar offense in another jurisdiction. The board shall prescribe guidelines for the review process including a list of offenses that are not subject to review. In considering whether to revoke , not issue or not renew the certification of a person, the state 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 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 state board's review of the person's certification.

5. The reliability of the evidence of an admission of a crime unless made under oath in a court of competent jurisdiction.

G. D. Fingerprints may be submitted up to eighteen months before the time of application for certification.

H. E. Until June 30, 1999, The department of education may issue conditional certification before receiving the results of the fingerprint check AN APPLICANT HAS OBTAINED A VALID CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD . The state board of education may revoke conditional certification if the information on the form provided under subsection E B of this section is inconsistent with the information received from the fingerprint check FALSE OR INCOMPLETE OR THE APPLICANT IS DENIED A CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD . 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 receiving the results of a fingerprint check THE APPLICANT OBTAINS A CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD if all of the following conditions are met:

1. Until June 30, 1999, 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 is completed.

2. Until June 30, 1999, The school district that is seeking to hire the applicant performs all of the following:

(a) Ensures that the department of public safety completes a statewide criminal history information check on the applicant. 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) 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) Obtain 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) Supervise PROVIDES GENERAL SUPERVISION OF the applicant until the applicant receives permanent certification from the department of education.

F. A PERSON WHO MAKES A FALSE STATEMENT, REPRESENTATION OR CERTIFICATION IN ANY APPLICATION FOR CERTIFICATION IS GUILTY OF A CLASS 3 MISDEMEANOR.

Sec. 4. Delayed repeal

Section 15-534 , Arizona Revised Statutes, as amended by Laws 1998, chapter 270, section 3, is repealed effective from and after August 16, 1999.

Sec. 5. Section 41-619.53, Arizona Revised Statutes, is amended effective from and after August 16, 1999, to read:

41-619.53 . Board of fingerprinting; powers and duties; personnel; liability

A. The board of fingerprinting shall:

1. Conduct good cause exception hearings pursuant to section 41-619.55.

2. Adopt rules to implement this article , . These INCLUDING rules shall include procedures and standards for TO ESTABLISH good cause exceptions including standards for THE ISSUANCE OF CLASS ONE AND CLASS TWO FINGERPRINT CLEARANCE CARDS PURSUANT TO SECTION 41-1758.03. THE RULES SHALL DEFINE A COMMON GOOD CAUSE EXCEPTION STANDARD FOR agencies that serve similar populations to allow a good cause exception to be granted to an applicant. THIS RULE MAKING IS EXEMPT FROM THE REQUIREMENTS OF TITLE 41, CHAPTER 6.

3. Administer and enforce this article and rules adopted pursuant to this article.

4. Furnish a copy of its rules to an applicant, licensee, contract provider or state agency on request ALL APPLICANTS WHO PETITION THE BOARD FOR A GOOD CAUSE EXCEPTION HEARING PURSUANT TO SECTION 41-1758.03 AND, ON REQUEST, TO LICENSEES, CONTRACT PROVIDERS AND STATE AGENCIES .

B. If the board members who represent agencies that serve similar populations unanimously agree to grant a good cause exception, the board shall request in writing that the department of public safety issue a card to the applicant. If the board does not make a unanimous decision, a card shall not be issued to the applicant.

C. Each board member shall determine on behalf of the member's respective agency or division whether a person should be granted a good cause exception.

D. If a person is required to be fingerprinted as a condition of employment by more than one agency and the person would not serve a common population and no common good cause exception standard exists, each member shall determine for the purposes of the member's agency alone whether A good cause exception should be granted and SHALL notify the department of public safety to issue the person a card. The board shall request in writing that the department of public safety designate on the fingerprint clearance card the agency or agencies that approve a good cause exception.

E. The board may employ clerical, professional and technical personnel subject to appropriated monies and shall prescribe their duties and determine their compensation.

F. Members of the board are not liable for acts done or actions taken by any board member if the members act in good faith following the requirements of this article.

Sec. 6. Section 41-619.55, Arizona Revised Statutes, is amended effective from and after August 16, 1999, to read:

41-619.55 . Good cause exceptions; revocation

A. The board shall:

1. Adopt rules to establish good cause exceptions for the issuance of class one and class two fingerprint clearance cards pursuant to section 41-1758.03. The rules shall define a common good cause exception standard for agencies that serve similar populations.

2. Furnish a copy of the rules to all applicants, and upon request to licensees, contract providers and agencies.

B. A. The following PERSONS shall be present during good cause exception hearings:

1. A representative of any state agency that requires a person to have a valid fingerprint clearance card.

2. The person who requested the good cause exception hearing. The person may be accompanied by a representative at the hearing.

C. B. The board may grant a good cause exception 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, C, F OR G OR that the person is successfully rehabilitated and is not a recidivist. Before granting a good cause exception the board shall consider all of the following:

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.

D. C. If the board grants a good cause exception to a person, the board shall request in writing that the department of public safety issue a class one or class two fingerprint clearance card to the person.

E. D. The board shall review reports it receives of the arrest, charging or conviction of a person for offenses listed in section 41-1758.03 who previously received a fingerprint clearance card.

E. THE BOARD MAY REQUEST IN WRITING THAT THE DEPARTMENT OF PUBLIC SAFETY REVOKE A PERSON'S FINGERPRINT CLEARANCE CARD PURSUANT TO SECTION 41-1758.04 IF THE PERSON RECEIVED A CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD AND THE PERSON IS SUBSEQUENTLY CONVICTED OF AN OFFENSE LISTED IN SECTION 41-1758.03, SUBSECTION B OR F.

Sec. 7. Section 41-1758.01, Arizona Revised Statutes, is amended effective from and after August 16, 1999, to read:

41-1758.01 . Fingerprinting division; duties

The fingerprinting division is established in the department of public safety and shall:

1. Conduct fingerprint background checks for persons and applicants seeking employment with licensees, contract providers and state agencies that require fingerprint background checks pursuant to sections 8-322, 15-512, 15-534, 15-1330, 36-425.03, 36-594.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-3008, 41-1954.01, 41-1964 and 41-2814, section 46-141, subsection A and section 46-321.

2. Issue fingerprint clearance cards.

3. INFORM IN WRITING EACH PERSON WHO SUBMITS FINGERPRINTS FOR A FINGERPRINT BACKGROUND CHECK OF THE PERSON'S RIGHT TO PETITION THE BOARD OF FINGERPRINTING FOR A GOOD CAUSE EXCEPTION HEARING PURSUANT TO SECTION 41-1758.03.

3. 4. Administer and enforce this article.

Sec. 8. Section 41-1758.03, Arizona Revised Statutes, as amended by Laws 1999, chapter 11, section 25, is amended effective from and after August 16, 1999, to read:

41-1758.03 . Fingerprint clearance cards; issuance

A. On receiving the state and national criminal history record of a person, the division shall compare the record with the list of criminal offenses that preclude the person from receiving a class one fingerprint 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 shall issue the person a class one fingerprint clearance card.

B. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses in this state or similar offenses in another state or jurisdiction is precluded from receiving a class one fingerprint clearance card:

1. Sexual abuse of a minor.

2. Sexual abuse of a vulnerable adult.

3. Incest.

4. First or second degree murder.

5. Kidnapping.

6. Arson.

7. Sexual assault.

8. Sexual exploitation of a minor.

9. Sexual exploitation of a vulnerable adult.

10. Commercial sexual exploitation of a minor.

11. Commercial sexual exploitation of a vulnerable adult.

12. 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.

13. Robbery.

14. Child prostitution as prescribed in section 13-3212.

15. Child abuse.

16. Abuse of a vulnerable adult.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Molestation of a vulnerable adult.

20. Manslaughter.

21. Aggravated assault.

22. A dangerous crime against children as defined in section 13-604.01.

23. Exploitation of minors involving drug offenses.

24. Felony offenses involving contributing to the delinquency of a minor.

25. Taking a child for the purposes of prostitution as defined in section 13-3206.

C. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses is precluded from receiving a class one fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception hearing pursuant to section 41-619.55:

1. Endangerment.

2. Threatening or intimidating.

3. Assault.

4. Unlawfully administering intoxicating liquors, narcotic drugs or dangerous drugs.

5. Assault by prisoners with intent to incite a riot or participate in a riot.

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. Lewd and lascivious acts.

13. Criminal damage.

14. Aggravated criminal damage.

15. Theft.

16. Unlawful use of means of transportation.

17. Theft by extortion.

18. Shoplifting.

19. Unlawful failure to return rented property.

20. Issuing a bad check.

21. Forgery.

22. Criminal possession of a forgery device.

23. Obtaining a signature by deception.

24. Criminal impersonation.

25. Theft of a credit card or obtaining a credit card by fraudulent means.

26. Receipt of anything of value obtained by fraudulent use of a credit card.

27. Forgery of a credit card.

28. Fraudulent use of a credit card.

29. Possession of any machinery, plate or other contrivance or incomplete credit card.

30. False statement as to financial condition or identity to obtain a credit card.

31. Fraud by person PERSONS authorized to provide goods or services.

32. Credit card transaction record theft.

33. Bribery of a public servant.

34. Trading in public office.

35. Commercial bribery.

36. Improper influence on a public officer or employee for consideration.

37. Misconduct involving weapons.

38. Misconduct involving explosives.

39. Depositing explosives.

40. Misconduct involving simulated explosive devices.

41. Concealed weapon violation.

42. Enticement of any persons for purposes of prostitution.

43. Procurement by false pretenses of any person for purposes of prostitution.

44. Procuring or placing persons in a house of prostitution.

45. Receiving earnings of a prostitute.

46. Causing one's spouse to become a prostitute.

47. Detention of persons in a house of prostitution for debt.

48. Keeping or residing in a house of prostitution or employment in prostitution.

49. Pandering.

50. Transporting persons for the purpose of prostitution or other immoral purposes.

51. Possession and sale of peyote.

52. Possession and sale of a vapor-releasing substance containing a toxic substance.

53. Sale of precursor chemicals.

54. Possession, use or sale of marijuana, dangerous drugs or narcotic drugs on school grounds or near schools.

55. Manufacture or distribution of an imitation controlled substance.

56. Manufacture or distribution of an imitation prescription-only drug.

57. Manufacture or distribution of an imitation over-the-counter drug.

58. Possession or possession with intent to use an imitation controlled substance.

59. Possession or possession with intent to use an imitation prescription-only drug.

60. Possession or possession with intent to use an imitation over-the-counter drug.

61. Manufacture of certain substances and drugs by certain means.

62. Adding poison or other harmful substance to food, drink or medicine.

63. Dropping objects from an overpass.

64. A criminal offense involving criminal trespass and burglary under title 13, chapter 15.

65. A criminal offense involving business and commercial frauds under title 13, chapter 22.

66. A criminal offense involving organized crime and fraud under title 13, chapter 23.

67. Child neglect.

68. Neglect of a vulnerable adult.

69. Misdemeanor offenses involving contributing to the delinquency of a minor.

70. A violation of section 28-1381, 28-1382 or 28-1383.

71. Offenses involving domestic violence.

D. Notwithstanding subsection C of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41-619.55, the division shall issue a class one fingerprint clearance card to the person.

E. If a person is precluded from receiving a class one fingerprint clearance card pursuant to subsection B or C of this section, the division shall compare the employee's criminal history record with the list of criminal offenses that preclude the person from receiving a class two fingerprint clearance card. If the person's criminal history record does not contain any of the offenses listed in subsections F and G of this section, the division shall issue the person a class two fingerprint clearance card.

F. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses in this state or similar offenses in another state or jurisdiction is precluded from receiving a class two fingerprint clearance card:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Sexual assault.

5. Sexual exploitation of a minor.

6. Commercial sexual exploitation of a minor.

7. A dangerous crime against children as defined in section 13-604.01.

8. Child abuse.

9. Sexual conduct with a minor.

10. Molestation of a child.

11. Exploitation of minors involving drug offenses.

G. A person who is awaiting trial on or who has been convicted of committing one or more of the following offenses is precluded from receiving a class two fingerprint clearance card, except that the person may petition the board of fingerprinting for a good cause exception hearing pursuant to section 41-619.55:

1. Arson.

2. Felony offenses involving contributing to the delinquency of a minor.

3. 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.

4. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

5. Burglary.

6. Aggravated or armed robbery.

7. Robbery.

8. Kidnapping.

9. Manslaughter.

10. Assault or aggravated assault.

11. A violation of section 28-1381, 28-1382 or 28-1383.

12. Offenses involving domestic violence.

H. Notwithstanding subsection G of this section, on receiving written notice from the board of fingerprinting that a good cause exception was granted pursuant to section 41-619.55, the division shall issue a class two fingerprint clearance card to the person.

I. If the division denies a person's application for a class one or class two fingerprint clearance card pursuant to subsection C or G of this section and a good cause exception hearing is requested pursuant to section 41-619.55, the division shall release the person's criminal history record to the board of fingerprinting.

J. A person who has previously obtained a fingerprint clearance card and who has not been providing services for more than six consecutive months shall obtain a current fingerprint clearance card.

K. The licensee or contract provider shall assume the costs of fingerprint checks and may charge these costs to persons required to be fingerprinted.

L. A person who is under eighteen years of age or who is at least ninety-nine years of age is exempt from the fingerprint clearance card requirements of this section. At all times the person shall be under the direct visual supervision of personnel who have valid fingerprint clearance cards.

M. The division may conduct periodic state criminal history record checks for the purpose of updating the clearance status of current fingerprint clearance card holders and may notify the board of fingerprinting and the agency employing the person of the results of the records check.

N. The division shall revoke a person's fingerprint clearance card on receipt of a written request for revocation from the board of fingerprinting pursuant to section 41-619.55.

O. The division shall not issue a class one or class two fingerprint clearance card to a person if the division cannot determine, within fifteen 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, C, F or G of this section. IF THE DIVISION IS UNABLE TO MAKE THE DETERMINATION REQUIRED BY THIS SECTION AND DOES NOT ISSUE A CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD TO A PERSON, THE PERSON MAY REQUEST A GOOD CAUSE EXCEPTION HEARING PURSUANT TO SECTION 41-619.55.

P. IF AFTER CONDUCTING A STATE AND FEDERAL CRIMINAL HISTORY RECORD CHECK THE DIVISION DETERMINES THAT IT IS NOT AUTHORIZED TO ISSUE A CLASS ONE OR CLASS TWO FINGERPRINT CLEARANCE CARD TO A PERSON, THE DIVISION SHALL NOTIFY THE AGENCY THAT LICENSES OR EMPLOYS THE PERSON THAT THE DIVISION IS NOT AUTHORIZED TO ISSUE A FINGERPRINT CLEARANCE CARD.

P. Q. The division is not liable for damages resulting from:

1. The issuance of a fingerprint clearance card to a person who is later found to have been ineligible to receive a fingerprint clearance card at the time the card was issued.

2. The denial of a fingerprint clearance card to a person who is later found to have been eligible to receive a fingerprint clearance card at the time issuance of the card was denied.

Q. R. The issuance of a class one or class two FINGERPRINT clearance card does not entitle a person to employment.

Sec. 9. Section 41-1758.04, Arizona Revised Statutes, is amended effective from and after August 16, 1999, to read:

41-1758.04 . Denial, suspension or revocation of fingerprint clearance card

A. The division shall deny the issuance of a fingerprint 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 F.

B. The division shall revoke the fingerprint clearance card of a person who has received a class one fingerprint clearance card and who is subsequently convicted of an offense listed in section 41-1758.03, subsection B.

C. The division shall revoke the fingerprint clearance card of a person who has received a class two fingerprint clearance card and who is subsequently convicted of an offense listed in section 41-1758.03, subsection F.

D. The division shall suspend the fingerprint clearance card of a person who is arrested for an offense listed in section 41-1758.03, subsection B, C, F or G.

E. A person who has been arrested for an offense listed in section 41-1758.03, subsection C or G and whose fingerprint clearance card has been suspended pursuant to this section may request a good cause exception hearing pursuant to section 41-619.55.

Sec. 10. Laws 1998, chapter 270, section 31 is amended to read:

Sec. 31. Effective date

This act is effective from and after June 30 AUGUST 16 , 1999.

Sec. 11. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.

APPROVED BY THE GOVERNOR MAY 19, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.