ARIZONA STATE SENATE
Phoenix, Arizona
fingerprint checks and
clearance cards
Purpose
Standardizes background
checks for employees who receive fingerprint clearance cards with the background
checks that are required for people working with vulnerable adult populations
and makes changes to the list of crimes that eliminate eligibility for
fingerprint clearance cards. Contains a
Proposition 108 clause.
Background
In 1998 the Legislature
standardized the fingerprinting procedures for five state agencies into a
single process administered by the Department of Public Safety (DPS). The law created a Division of Fingerprinting
within DPS to process fingerprints and to determine if applicants were eligible
for class 1 or class 2 fingerprint clearance cards.
A class 1 card allows a
person to have direct contact with all participating agency client populations,
including children and developmentally disabled clients. A class 2 card permits a person to work with
children, but not with the developmentally disabled. The issuance of class 1 or class 2 cards is dependent upon a
person’s criminal history and requires a subsequent background check every three
years. The idea behind the measure was
to centralize the collection of fingerprints and only require one set of
fingerprints from a potential employee.
Despite the intention to
consolidate fingerprinting requirements and minimize the need for submission of
multiple sets of fingerprints, some applicants still must gain clearance
through two different levels of screening.
Applicants who want to work with vulnerable adult populations must
receive a “letter of clearance” for some types of employment, yet still require
a fingerprint clearance card for other positions. S.B. 1281 incorporates the proscribed crimes against vulnerable
adults into the class 1 and class 2 clearance process and eliminates the need
for letters of clearance.
The fiscal impact of this
bill is unknown at this time.
Provisions
1. Establishes that the classes of employees who must currently undergo fingerprinting and criminal records checks and receive a letter of clearance to work with vulnerable adults will instead be required to receive a fingerprint clearance card. The legislation provides an exception for an employee who has received approval via a letter of clearance prior to the effective date of this legislation.
2. Authorizes an employee who provides direct care, home health services or supportive services for a residential care institution, home health agency or nursing care institution to not submit to fingerprint and criminal records check requirements again if the person remains employed by the same employer or changes employers within two years after gaining a fingerprint clearance card.
3. Adds domestic violence shelter personnel, child care personnel licensed through the Department of Economic Security (DES) and specified employees and contractors of DES to the list of employees for whom fingerprint clearance will be based upon the consolidated list of offenses.
4. Makes changes to the crimes that eliminate eligibility for fingerprint clearance cards, including the addition of the crimes of abuse of a vulnerable adult, neglect of a vulnerable adult and sexual abuse of a vulnerable adult.
5. Contains a Proposition 108 clause.
6. Makes clarifying, technical and conforming changes.
7. Provides for a general effective date.
Amendments Adopted by Committee
1. Clarifies the clearance requirements necessary for people working in residential care institutions, nursing care institutions, home health agencies and child care facilities.
2. Removes some crimes from the list of crimes that prohibit receipt of a class 1 or class 2 clearance card, including the crimes of issuing a bad check and dropping objects from an overpass.
3. Makes conforming changes.
Amendments Adopted by Committee of the Whole
Clarifies that employees and volunteers shall not work in child care facilities without a clearance card or interim approval from the Board of Fingerprinting
Amendments Adopted by House of Representatives
1. Returns from seven days to the 20 days allowable under current law the timeframe for new employees to apply for fingerprint clearance cards from DPS after the date the person begins work.
2. Authorizes an employee who provides direct care, home health services or supportive services for a residential care institution, home health agency or nursing care institution to not submit to fingerprint and criminal records check requirements again if the person remains employed by the same employer or changes employers within two years after gaining a fingerprint clearance card. Furthermore, if the person has received approval via a letter of clearance prior to the effective date of this legislation, the person is not required to apply for a fingerprint clearance card.
3. Adds domestic violence shelter personnel, child care personnel licensed through DES and specified employees and contractors of DES to the list of employees for whom fingerprint clearance will be based upon the consolidated lists of offenses.
4. Removes arson and manslaughter from the list of offenses that preclude the issuance of a class 1 fingerprint clearance card and adds these offenses to the list of offenses for which a good cause exception may be sought from the DPS Board of Fingerprinting.
5. Adds a Proposition 108 clause.
Senate Action House Action
JUD 2/6/01 DPA 8-0-0-0 HEA 4/2/01 DPA 10-0-0-0
3rd Read 2/19/01 28-0-2-0 JUD 4/3/01 DPA 9-0-0-1
Final Read 5/1/01 28-1-1-0 3rd Read 4/26/01 54-2-4-0
Signed by Governor 5/7/01
Chapter 350
Prepared by Senate Staff
May 25, 2001