Bill Text: AZ SB1471 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed

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Bill Title: Criminal background checks; employees

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-03-13 - Referred to House JUD Committee [SB1471 Detail]

Download: Arizona-2012-SB1471-Engrossed.html

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Senate Engrossed

 

 

 

 

State of Arizona

Senate

Fiftieth Legislature

Second Regular Session

2012

 

 

SENATE BILL 1471

 

 

 

AN ACT

 

amending title 44, Arizona Revised Statutes, by adding chapter 35; relating to business employees.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 44, Arizona Revised Statutes, is amended by adding chapter 35, to read:

CHAPTER 35

BUSINESS EMPLOYEES

ARTICLE 1.  GENERAL PROVISIONS

START_STATUTE44-7801.  Definitions

In this chapter, unless the context otherwise requires:

1.  "Background check" means either of the following:

(a)  A fingerprint clearance card issued by the department of public safety pursuant to section 41-1758.07.

(b)  A state and federal criminal history records check provided by a private investigator who is licensed pursuant to title 32, chapter 24 or a consumer reporting agency as defined in section 44-1691 that meets all of the following requirements:

(i)  Is a member in good standing with a national association of background screeners.

(ii)  Has obtained current criminal history records checks on each employee or prospective employee from each jurisdiction that the private investigator or consumer reporting agency learned through investigation is where the employee or prospective employee resided or was involved in activity.  The criminal history records checks shall be obtained electronically if electronic records are available from the courts of the jurisdiction or shall be obtained directly if electronic records are not available from the courts of the jurisdiction.

2.  "employee" means a person who is required to enter a private residence in the course of official business while employed by an employer.

3.  "Employer" means a person who has employees who are required to enter a private residence in the course of official business.

4.  "Prospective employee" means a person who is in the process of obtaining an offer of employment from an employer or who has received a conditional offer of employment from an employer.

5.  "Residence" means a house, apartment or other dwelling IN WHICH people are domiciled. END_STATUTE

START_STATUTE44-7802.  Causes of action; false background check

an employee or prospective employee may not bring a cause of action against an employer who has established a background check program unless the employer's action is based on a false background check, the employer knew or clearly should have known that the result was in error and the employer ignored the true background check result out of reckless or malicious disregard for the truth or the willful intent to deceive or be deceived. END_STATUTE

START_STATUTE44-7803.  Limits to defamation of character, libel, slander or damage to reputation causes of action

an employee or prospective employee may not bring a cause of action for defamation of character, libel, slander or damage to reputation against an employer who has established a background check program unless all of the following apply:

1.  The results of the background check were disclosed to a person other than the employer, an authorized employee, agent or representative of the employer, the employee or prospective employee who is the subject of the background check or any other person authorized or privileged by law to receive the information.

2.  The information disclosed was a false background check result.

3.  The false background check result was disclosed negligently.

4.  All elements of an action for defamation of character, libel, slander or damage to reputation as established by law are satisfied. END_STATUTE

START_STATUTE44-7804.  Presumption employer not negligent

A.  In an action brought against an employer for criminal acts or omissions of an employee, there is a rebuttable presumption that the employer has not acted negligently if both of the following apply:

1.  The employer establishes a background check policy pursuant to this article.

2.  The employee's background check does not show that the employee committed any of the offenses listed in section 41-1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction unless the board of fingerprinting grants a good cause exception pursuant to section 41‑619.55.

B.  This section does not require an employer to violate federal or state employment laws for the rebuttable presumption to apply to that employer. END_STATUTE

START_STATUTE44-7805.  Additional causes of action

This chapter does not create any additional cause of action under state law. END_STATUTE

Sec. 2.  Legislative intent

It is the intent of the legislature to create an incentive for employers to develop and implement a process to conduct background checks on employees who enter private residences in the course of official business for the protection of residents in their homes.  The legislature does not intend to do either of the following:

1.  Relieve employers from any other liability or responsibility to protect the public.

2.  Require an employer to violate any federal or state employment laws.