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REFERENCE TITLE: department of revenue; applicants; fingerprinting |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019 |
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SB 1180 |
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Introduced by Senator Boyer
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AN ACT
amending section 42‑1003, Arizona Revised Statutes; relating to the department of revenue.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-1003, Arizona Revised Statutes, is amended to read:
42-1003. Department organization; director's staff; deputy director; assistant directors; fingerprinting; consumer reports; definition
A. The department shall consist consists of such divisions as the director deems necessary to achieve maximum efficiency, economy and effectiveness in administering and collecting taxes. The departmental organization shall provide for administering taxes as prescribed by law and for administrative services to the department, including data processing, accounting, records management, publications, collection of delinquent accounts, personnel services and budget and property control.
B. The director may divide the state into a reasonable number of districts and establish a full‑time or part‑time branch office or offices in each district as may be necessary. In establishing districts and branch offices, the director shall give due consideration to economy of administration and service to the taxpayers.
C. The director may employ, appoint and remove, in the manner prescribed by law, such officers, agents, branch office deputies and other staff personnel as he the director deems necessary to assist him in the administration of administering the department. The director's staff may perform such functions as the director prescribes which include, but are not limited to, including budget development, legal research and analysis, tax research, departmental audit and public relations.
D. A deputy director of the department may be appointed by the director with the approval of the governor. The deputy director, if appointed, shall serve serves at the pleasure of the director with the approval of the governor. The deputy director shall assist the director in the administration of administering the department and shall have such has the duties and responsibilities as may be assigned to him by the director assigns.
E. The director may, with the approval of the governor, may appoint an assistant director to head each division of the department. Any assistant director appointed shall be is directly responsible for the functions performed by his or her the assistant director's division. Each assistant director shall serve serves at the pleasure of the director with the approval of the governor.
F. The director may appoint other deputies or assistants to conduct hearings, prescribe administrative rules or perform any other duty prescribed for the department by law.
G. The director may require officers, agents, deputies and other employees designated by the director to give bond for the faithful performance of their duties in such an amount and with such sureties as the director may determine determines or as prescribed by statute. The department shall pay all premiums on the bonds out of monies appropriated for the administration of the department.
H. The director and officers and employees designated by him the director may administer an oath to any person or take the acknowledgement of any person in respect of any return or report required by law or the administrative rules of the department.
I. The director may reassign the administration of taxes and may assign and delegate the duties, powers and functions of the department among its divisions in order to achieve maximum efficiency, economy and effectiveness. The director or his the deputy director, if any, shall enforce cooperation among the divisions in the provision and integration of all functions at all levels of the department.
J. The director may obtain a state and criminal records check for an applicant for employment for the purpose of hiring personnel. Before making a final offer of employment, the director shall require the preferred applicants to submit a full set of fingerprints. The director shall submit the fingerprints to the department of public safety 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. The department of revenue may disclose information obtained pursuant to this subsection only to members of the department's staff solely for employment purposes. An applicant is not disqualified from employment under this subsection except in accordance with section 13-904, subsection E.
K. The director may obtain a consumer report for an applicant for employment for the purpose of hiring personnel. Information obtained in the consumer report may be used only to determine the suitability of the applicant for positions involving fiduciary or financial responsibilities or access to highly confidential information. Consumer report information may be obtained and used only in accordance with the fair credit reporting act (P.L. 90-321; 84 Stat. 1128; 15 United States Code sections 1681 through 1681x). An applicant is not disqualified from employment under this subsection unless the consumer report information relied on for the disqualification has a reasonable relationship to the functions of the position.
L. For the purposes of this section, "applicant" means any person who seeks employment as a new hire or any employee of the department who seeks a transfer, a reclassification or a reassignment to a different position.