|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: TI DP 7-0-0-0 | Third Read 49-3-8-0Senate: ATT DP 10-0-0-0 | Third Read 26-1-3-0 Final Read: 52-3-5-0 Chapter: 119 |
HB 2916: traffic schools; instructors; fingerprint clearance
Sponsor: Representative Marshall, LD 7
Signed by the Governor
Overview
Tasks each employed or contracted instructor at a traffic survival school with providing a valid fingerprint clearance card (card) to the Arizona Department of Transportation (ADOT) or a contracted private entity of ADOT. Restricts an agency without statutory authority to require a card from requiring a person to obtain a card as a condition of licensure, certification registration or employment. Provides rules on granting temporary work authorization by the relevant agency while a person's card application is being processed.
History
A person may not act as a traffic survival school unless the person applies for and obtains from the ADOT Director (Director) a license in the manner and form prescribed by the director.
Rules adopted by the Director must state the requirements for a school license, including: 1) requirements concerning location, equipment, courses of instruction, instructors, previous records of the school and instructors, insurance in an amount and with provisions that the Director deems necessary to protect adequately the interests of the public and other matters prescribed by the Director; and 2) a requirement that traffic survival school courses of instruction must consist of at least eight hours of instruction and include information relating to aggressive driving and be offered and completed in person and may not be offered or completed online unless the Governor declares a state of emergency.
ADOT may grant a person who enrolls in a traffic survival school a onetime waiver of the in-person requirement if the person demonstrates to ADOT that completing the course in person would impose a substantial burden on the person.
Each applicant who owns 20% or more of an entity and each partner or stockholder who owns 20% or more of an entity and who seeks traffic survival school licensure must provide ADOT or a contracted private entity of ADOT with a valid card (A.R.S. § 28-3413).
Provisions
1. Requires each instructor who is employed by or under contract with a traffic survival school to provide to ADOT or a contracted private entity of ADOT, with a valid card. (Sec. 1)
2. Prohibits an agency without statutory authority to require a card from requiring a person to obtain a card as a condition of licensure, certification registration or employment. (Sec. 2)
3. Allows a person who is pending approval for a federal criminal records check, to be granted a temporary work authorization by the relevant agency while the person's card application is being processed. (Sec. 2)
4. Stipulates that the person may only be granted a temporary work authorization, if all other requirements for work authorization including licensure, registration or certification are met. (Sec. 2)
5. Permits a person who is granted a temporary work authorization, to work while the person's card application is being processed, if the applicant:
a. provides documentation to the relevant agency that shows the persons application is pending within the Department of Public Safety (DPS);
b. certifies on forms that are provided by the relevant agency and that are notarized that the applicant:
i. is not awaiting trial on and has never been convicted of, admitted in open court or pursuant to a plea agreement to committing any of the prescribed criminal offenses; and
ii. is not subject to registration as a sex offender. (Sec. 2)
6. Stipulates that the temporary work authorization expires if DPS denies the issuance of a card. (Sec. 2)
7. Requires DPS to notify the relevant agency of the card denial. (Sec. 2)
8. Allows the relevant agency to:
a. adopt any policies and procedures necessary to implement temporary work authorization on application of a card;
b. conduct a third-party background check of the applicant;
c. deny the temporary work authorization if the agency has verifiable information that the person is awaiting trial on, has been convicted of, admitted in open court or pursuant to a plea agreement to committing any of the prescribed criminal offenses;
d. deny the temporary work authorization if they have verifiable information that the person is subject to registration as a sex offender; and
e. take appropriate disciplinary action against a person who misrepresents any of the required information to apply for a temporary work authorization while the person's card application is being processed. (Sec. 2)
9. Defines Agency to include a board or commission. (Sec. 2)
10. Adds an effective date of January 1, 2027. (Sec. 3)
---------- DOCUMENT FOOTER ---------
Initials LM HB 2916
4/14/2026 Page 0 Signed by the Governor
---------- DOCUMENT FOOTER ---------