Granting Authority to the Arizona Department of Homeland Security to Receive Criminal History Record Information

WHEREAS, the Arizona Department of Homeland Security (DOHS) is responsible under A.R.S. § 41-4254 for formulating policies, plans and programs to enhance the ability of this State to prevent and respond to acts of terrorism, cybersecurity threats, and other critical hazards and for receiving and distributing grant monies for homeland security purposes; and

WHEREAS, DOHS employees may have significant access to sensitive and confidential information related to the security of the State, and it is therefore in the State's best interests to inquire into the character and past criminal conduct of DOHS employees and applicants for employment; and

WHEREAS, the Arizona Department of Public Safety (DPS) maintains a Central State Repository pursuant to A.R.S. § 41-1750 for the purpose of procuring and maintaining information concerning arrests and convictions of persons for public offenses; and

WHEREAS, DPS is authorized pursuant to A.R.S. § 41-1750 to provide criminal history record information to noncriminal justice agencies of the State for the purpose of evaluating the fitness of prospective and current employees and volunteers; and

WHEREAS, DOHS is considered a noncriminal justice agency of the State; and

WHEREAS, noncriminal justice agencies of the State may receive criminal history record information from DPS pursuant to A.R.S. § 41-1750 only by specific authority granted to that agency by statute, ordinance, or executive order, and subject to rules of the Arizona Department of Public Safety.

NOW, THEREFORE, I, Katie Hobbs, Governor of the State of Arizona, under the authority provided by A.R.S. § 41-1750, hereby authorize DPS to provide (upon receipt of applicant fingerprint cards and fees), and DOHS to receive, criminal history record information for the purpose of evaluating the fitness of all current and prospective DOHS employees and volunteers in accordance with those rules issued by DPS.