ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
licensure; registration;
applicants; fingerprint requirements
An emergency measure
conforming state fingerprint criminal record check provisions to current
federal law.
Authorized agencies obtain
fingerprints from applicants and then transfer the fingerprints to the
Department of Public Safety (DPS) for criminal record checks. DPS maintains, transfers, coordinates, provides
and exchanges criminal records with federal and state authorized agencies.
Over a period of several
years there have been numerous changes to federal law regarding fingerprint
criminal record checks (Public Law 92-544).
The Federal Bureau of Investigations (FBI) is responsible for federal
criminal records and has allowed state agencies to access federal criminal
records without revision of state statute for a number of years. However, recent complications have prompted
the FBI to require compliance with federal law. An audit conducted by the FBI revealed the agencies in Arizona
that require fingerprint regulation compliance. DPS was informed that the State
has until August of 2002 to conform fingerprint statutes to federal law or
various agencies will not be allowed to access federal criminal records.
To conform to federal law,
S.B. 1164 amends and grants statutory authority to various entities to request
fingerprints from applicants in order to carry out criminal records
checks.
The fiscal impact of the
legislation to the state general fund is undetermined at this time.
1. Gives the Board of Chiropractic Examiners and the Structural Pest Control Commission permissive statutory authority to obtain fingerprints from applicants and submit them to DPS for state and federal criminal record checks.
2. Conforms the following entities' fingerprinting authority to current federal law:
(a)
Department
of Liquor Licenses and Control
(b)
Department
of Racing
(c)
State
Banking Department
(d)
Department
of Insurance
(e)
State
Board of Optometry
(f)
Registrar
of Contractors
(g)
Corporation
Commission
(h)
County
Sheriffs
3. Clarifies that DPS is authorized to exchange fingerprint information with the FBI.
4. Specifies that state and federal fingerprint criminal record checks will be done in compliance with state and federal law.
5. Allows the Department to grant a license before receiving results of background and record checks if the Department has no reason to suspect the applicant has a criminal record.
6. Allows the Department to revoke a license if a fingerprint card is unreadable and collect refingerprinting costs from the applicant.
7. Allows the Department to require a current licensee, organizer, director, active manager, responsible individual or officer of a corporation to submit fingerprints for criminal record checks.
8. Allows the State Racing Commission to obtain fees for background investigations from applicants.
9. Makes technical and conforming changes
10. Becomes effective on signature of the Governor.
Amendments Adopted by Committee of the Whole
· Conforms a county sheriff's fingerprinting authority to federal law for the purpose of pawnbroker licensing.
Senate Action
JUD 2/12/02 DP 7-0-1-0
3rd Read 3/21/02 29-0-1-0
Prepared by Senate Staff
March 22, 2002