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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
traffic schools; instructors; fingerprint clearance
Purpose
Requires, effective January 1, 2027, instructors who are employed by or under contract with a traffic survival school to provide the Arizona Department of Transportation (ADOT) with a standard fingerprint clearance card. Allows a person whose fingerprint clearance card application is pending within the Department of Public Safety (DPS) to be granted a temporary work authorization by the relevant agency while the person's application is being processed if outlined conditions are met.
Background
A person may not act as a traffic survival school unless the person applies for and obtains a license from the Director of ADOT (Director) in a manner and form prescribed by the Director. Rules adopted by the Director must state the requirements for a traffic survival school license, including requirements concerning location, equipment, courses of instruction, previous records of the school and instructors and a requirement that course of instruction must: 1) consist of at least eight hours of instruction and include information relating to aggressive driving; and 2) be offered and completed in person and may not be offered online unless the Governor declares a state of emergency or ADOT issues a person a one-time waiver of the in-person requirement when the person demonstrates that completing the course in person would impose a substantial burden on the person. Each applicant for a traffic survival school license who owns 20 percent or more of an entity and each partner or stakeholder who owns 20 percent or more of an entity who seeks licensure must provide ADOT or a contracted private entity of ADOT with a valid fingerprint clearance card (A.R.S. § 28-3413).
The Fingerprinting Division (Division) is established in DPS and must: 1) conduct fingerprint background checks for persons and applicants 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; 2) issue fingerprint clearance cards; 3) collect fees established by the Board of Fingerprinting (Board) on submission of an application for deposit in the Board of Fingerprinting Fund; and 4) inform each person, in writing, who submits fingerprints for a fingerprint background check of the right to petition the Board for a good cause exception. If the Division determines that the Division is not authorized to issue a fingerprint clearance card to a person, after conducting a state and federal criminal history records check, the Division must inform the person in writing that the Division is not authorized to issue the fingerprint clearance card and the notice must include the criminal history information on which the denial is based (A.R.S. § 41-1758.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, effective January 1, 2027, each instructor who is employed by or under contract with a traffic survival school to provide ADOT or a contracted private entity of ADOT with a standard fingerprint clearance card.
2. Prohibits an agency in Arizona, without statutory authority to require a fingerprint clearance card, from requiring a person to obtain a fingerprint clearance card as a condition of licensure, certification, registration or employment.
3. Allows, for occupations and positions that are pending approval for a federal criminal records check, a person who is required to obtain and possess a valid fingerprint clearance card to be granted a temporary work authorization by the relevant agency while the person's application is being processed if all other requirements for licensure, registration, certification or work authorization are met.
4. Specifies that a person who is granted a temporary work authorization as outlined is authorized to work while the person's fingerprint clearance card application is being processed if the person:
a) provides documentation to the relevant agency that shows that the person's fingerprint clearance card application is pending within DPS; and
b) certifies, on forms that are provided by the relevant agency and that are notarized, that the person is not:
i. awaiting trial on, has never been convicted of and has never admitted in open court or pursuant to a plea agreement to committing any of the prescribed criminal offenses in Arizona that preclude the person from obtaining a valid fingerprint clearance card or similar offenses in another state or jurisdiction; and
ii. subject to registration as a sex offender in Arizona or any other jurisdiction.
5. Specifies that a temporary work authorization expires if DPS denies the issuance of a fingerprint clearance card.
6. Requires DPS to notify the relevant agency if DPS denies issuance of a fingerprint clearance card.
7. Allows an agency to:
a) adopt any policies and procedures necessary to implement the outlined conditions related to granting a temporary work authorization while a person's fingerprint clearance card application is pending within DPS;
b) conduct a third-party background check of a person;
c) deny a temporary work authorization if the relevant agency has verifiable information that the person is awaiting trial on, has been convicted of or has admitted in open court or pursuant to a plea agreement to committing any of the prescribed offenses that preclude the issuance of a fingerprint clearance card, or the person is subject to registration as a sex offender; and
d) take appropriate disciplinary action against a person who misrepresents any of the information required to be provided to the relevant agency when the person is seeking a temporary work authorization.
8. Specifies that agency includes a board or commission.
9. Becomes effective on the general effective date, with a delayed effective date as noted.
Amendments Adopted by Committee of the Whole
1. Allows a person who is required to obtain a fingerprint clearance card to be granted a temporary work authorization while the person's fingerprint clearance card application is being processed if outlined conditions are met.
2. Outlines information that a person must provide to a relevant agency in order to be authorized to work under a temporary work authorization.
3. Prohibits an agency, without statutory authority to require fingerprint clearance cards, from requiring a person to obtain a fingerprint clearance card as a condition of licensure, certification, registration or employment.
4. Specifies that a temporary work authorization expires if DPS denies the issuance of the fingerprint clearance card.
5. Requires DPS to notify an agency if DPS denies issuing a fingerprint clearance card.
6. Outlines actions that an agency may perform relating to issuing a temporary work authorization as prescribed.
7. Specifies that agency includes a board or commission.
8. Adds a delayed effective date of January 1, 2027, to the requirement that instructors employed by or under contract with a traffic survival school provide ADOT or a contracted private entity of ADOT with a standard fingerprint clearance card.
House Action Senate Action
TI 2/4/26 DP 7-0-0-0 ATT 3/24/26 DP 10-0-0
3rd Read 2/26/26 49-3-8
Prepared by Senate Research
April 14, 2026
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