Second Regular Session S.B. 1391
PROPOSED AMENDMENT
SENATE AMENDMENTS TO S.B. 1391
(Reference to printed bill)
Page 3, line 32, strike "engaged in instructional work directly as a classroom,"
Strike lines 33 through 36, insert "engaged in instructional work directly as a classroom, laboratory or other teacher or indirectly as a supervisory teacher, speech therapist or principal"
Line 43, strike "fingerprint checked pursuant to" insert "issued a fingerprint clearance card as provided by"
Page 4, line 2, strike "F" insert "B"
Line 16, strike "check" insert "clearance card"; strike "completed" insert "issued or denied"
Page 11, line 19, strike "fingerprinting personnel" insert "fingerprint clearance cards"
Line 20, strike "affidavit;"
Line 27, strike “except”
Strike lines 28 through 31
Line 32, strike “employee terminated employment with the district”
Line 33, strike "release the results of a background check" insert "communicate"
Line 34, after "purposes" insert "whether the person has been issued or denied a fingerprint clearance card"; after the period strike remainder of line
Strike lines 35 through 38
Line 39, strike "from the fingerprint check."
Line 40, after the period strike remainder of line
Strike lines 41 through 45
Strike page 12
Page 13, strike lines 1 through 25
Reletter to conform
Page 14, line 9, strike "check" insert "clearance card"
Page 15, line 2, strike "F" insert "B"
Line 6, strike "results of the fingerprint check" insert "fingerprint clearance card"
Line 7, strike "on the form provided in subsection D of this section"
Line 8, strike "check" insert "clearance card"
Line 12, strike "the results of"
Line 13, strike "check are received" insert "clearance card is issued"
Line 16, strike "check" insert "clearance card"; strike "completed" insert "issued"
Lines 23 and 28, strike "check" insert "clearance card"; strike "completed" insert "issued or denied"
Line 30, strike "completion" insert "issuance"
Line 31, strike "check" insert "clearance card"
Line 32, strike "checks" insert "clearance cards"; strike "received" insert "issued"
Page 16, between lines 2 and 3, insert:
"Sec. 3. Section 23-1361, Arizona Revised Statutes, is amended to read:
23-1361. Blacklist; definition; exceptions; privileged communications; immunity
A. "Blacklist" means any understanding or agreement whereby the names of any person or persons, list of names, descriptions or other means of identification shall be spoken, written, printed or implied for the purpose of being communicated or transmitted between two or more employers of labor, or their bosses, foremen, superintendents, managers, officers or other agents, whereby the laborer is prevented or prohibited from engaging in a useful occupation. Any understanding or agreement between employers, or their bosses, foremen, superintendents, managers, officers or other agents, whether written or verbal, comes within the meaning of this section and it makes no difference whether the employers, or their bosses, foremen, superintendents, managers, officers or other agents, act individually or for some company, corporation, syndicate, partnership or society and it makes no difference whether they are employed or acting as agents for the same or different companies, corporations, syndicates, partnerships or societies.
B. It is not unlawful for a former employer to provide to a requesting employer, or agents acting in the employer's behalf, information concerning a person's education, training, experience, qualifications and job performance to be used for the purpose of evaluating the person for employment. It is not unlawful for a school district to provide information received as a result of a fingerprint check required by section 15‑512 communicate to any other school district if requested to do so by the person who was the subject of the fingerprint check applied for the fingerprint clearance card whether the person has been issued or denied a fingerprint clearance card as provided by section 15-512. A copy of any written communication regarding employment must be sent by the employer providing the information to the former employee's last known address.
C. An employer who in good faith provides information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee is immune from civil liability for the disclosure or the consequences of providing the information. There is a presumption of good faith if either:
1. The employer employs less than one hundred employees and provides only the information authorized by this subsection.
2. The employer employs at least one hundred employees and has a regular practice in this state of providing information requested by a prospective employer about the reason for termination of a former employee or about the job performance, professional conduct or evaluation of a current or former employee.
D. The presumption of good faith under subsection C of this section is rebuttable by showing that the employer disclosed the information with actual malice or with intent to mislead. This subsection and subsection C of this section do not alter any privileges that exist under common law. For the purposes of this subsection, "actual malice" means knowledge that the information was false or was provided with reckless disregard of its truth or falsity.
E. Communications concerning employees or prospective employees that are made by an employer or prospective employer, or by a labor organization, to a government body or agency and that are required by law or that are furnished pursuant to written rules or policies of the government body or agency are privileged.
F. An employer, including this state and its agencies, a labor organization or an individual is not civilly liable for privileged communications made pursuant to subsection E of this section.
G. In response to a request by another bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker it is not unlawful for a bank, a savings and loan association, a credit union, an escrow agent, a commercial mortgage banker, a mortgage banker or a mortgage broker to provide a written employment reference that advises of the applicant's involvement in any theft, embezzlement, misappropriation or other defalcation that has been reported to federal authorities pursuant to federal banking guidelines or reported to the department of financial institutions. In order for the immunity provided in subsection H of this section to apply, a copy of the written employment reference must be sent by the institution providing the reference to the last known address of the applicant in question.
H. No bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker shall be civilly liable for providing an employment reference unless the information provided is false and the bank, savings and loan association, credit union, escrow agent, commercial mortgage banker, mortgage banker or mortgage broker providing the false information does so with knowledge and malice.
I. A court shall award court costs, attorney fees and other related expenses to any party that prevails in any civil proceeding in which a violation of this section is alleged.
Sec. 4. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2013, chapter 128, section 13 and chapter 174, section 3, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks or background investigations for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks or background investigations pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 26‑103, 28-3413, 32‑2108.01, 32‑2123, 32‑2371, 32‑2372, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the person's right to petition the board of fingerprinting for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 5. Repeal
Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2013, chapter 129, section 26, is repealed."
Renumber to conform
Page 16, lines 4 and 5, strike "fingerprinting and background investigation" insert "fingerprint clearance card"
Line 12, strike "fingerprinting and"
Line 13, strike "background investigation" insert "fingerprint clearance card"
Line 14, strike "one year" insert "five years"
Amend title to conform