Bill Amendment: AZ HB2632 | 2024 | Fifty-sixth Legislature 2nd Regular
Bill Title: State agencies; powers; continuations
Status: 2024-05-14 - Senate Committee of the Whole action: Do Pass Amended [HB2632 Detail]
Download: Arizona-2024-HB2632-SENATE_-_Government_-_Strike_Everything.html
Fifty-sixth Legislature Government
Second Regular Session H.B. 2632
COMMITTEE ON GOVERNMENT
SENATE AMENDMENTS TO H.B. 2632
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 32-106, Arizona Revised Statutes, is amended to read:
32-106. Powers and duties
A. The board shall:
1. Adopt rules for the conduct of conducting its meetings and performance of performing duties imposed on it by law.
2. Adopt an official seal for attestation of attesting certificates of registration and other official papers and documents.
3. Consider and act on or delegate the authority to act on applications for registration or certification.
4. Conduct examinations for in-training and professional registration, except for an alarm business, a controlling person or an alarm agent.
5. Hear and act on complaints or charges or direct an administrative law judge to hear and act on complaints and charges relating to the review of drawings, plans or design specifications by any of the following:
(a) an architect.
(b) a geologist.
(c) a landscape architect.
(d) a professional ENGINEER.
(e) a land surveyor.
6. Compel attendance of witnesses, administer oaths and take testimony concerning all matters coming within its jurisdiction. In exercising these powers, the board may issue subpoenas for the attendance of witnesses and the production of books, records, documents and other evidence it deems relevant to an investigation or hearing.
7. Keep a record of its proceedings.
8. Keep a register that shows the date of each application for registration or certification, the name of the applicant, the practice or branch of practice in which the applicant has applied for registration, if applicable, and the disposition of the application.
9. Do other things necessary to carry out the purposes of this chapter.
B. The board shall specify the proficiency designation in the branch of engineering in which the applicant has designated proficiency on the certificate of registration and renewal card issued to each registered engineer and shall authorize the engineer to use the title of registered professional engineer. The board shall decide what branches of engineering it shall recognize.
C. The board may investigate a complaint pursuant to subsection A, paragraph 5 of this section and may take any necessary disciplinary or enforcement action resulting from a complaint only if the COMPLAINANT has a SUBSTANTIAL nexus with the person who is the subject of the complaint.
C. D. The board may hold membership in and be represented at national councils or organizations of proficiencies registered under this chapter and may pay the appropriate membership fees. The board may conduct standard examinations on behalf of national councils and may establish fees for those examinations.
D. E. The board may employ and pay on a fee basis persons, including full-time employees of a state institution, bureau or department, to prepare and grade examinations given to applicants for registration or review an applicant's submissions of required documents for home inspector certification and regulation and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations, review an applicant's submissions of required documents for home inspector certification and regulation and perform other services the board authorizes, and to receive payment for these services from the technical registration fund. The board may contract with an organization to administer the registration examination, including selecting the test site, scheduling the examination, billing and collecting the fee directly from the applicant and grading the examination if a national council of which the board is a member or a professional association approved by the board does not provide these services. If a national council of which the board is a member or a professional association approved by the board does provide these services, the board shall enter into an agreement with the national council or professional association to administer the registration examination.
E. F. The board may rent necessary office space and pay the cost of this office space from the technical registration fund.
F. G. The board may adopt rules establishing rules of professional conduct for registrants relating to the review of drawings, plans or design specifications by any of the following:
1. an architect.
2. a geologist.
3. a landscape architect.
4. a professional ENGINEER.
5. a land surveyor.
G. H. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.
H. I. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.
I. J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and each controlling person and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
Sec. 2. Repeal
Section 32-111, Arizona Revised Statutes, is repealed.
Sec. 3. Section 32-122.02, Arizona Revised Statutes, is amended to read:
32-122.02. Certification of home inspectors; insurance
A. An applicant for certification as a home inspector shall:
1. Be at least eighteen years of age.
2. Have passed within two years preceding application a written examination that is approved by the board and that meets the competency standards recommended by the home inspector rules and standards committee and adopted by the board.
3. Have passed a course of study that meets the standards recommended by the home inspector rules and standards committee and approved by the board.
4. Pay a fee as determined by the board and for initial certification shall provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.
5. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application.
6. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies.
7. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section.
B. Within sixty days after certification and before any fee-based home inspection is performed, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules recommended by the home inspector rules and standards committee and adopted by the board:
1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of $200,000 in the aggregate and $100,000 per occurrence.
2. A bond that is retroactive to the certification date in the amount of $25,000 or proof that minimum net assets have a value of at least $25,000.
C. If a home inspector loses or otherwise fails to maintain a required financial assurance, the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days, the certification shall be automatically revoked.
D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter.
E. Except as provided in subsection A, paragraph 4 of this section, the board may not require the submission of a fingerprint clearance card for certification renewal or any other purpose.
Sec. 4. Section 32-128, Arizona Revised Statutes, is amended to read:
32-128. Disciplinary action; letter of concern; judicial review
A. The board may take the following disciplinary actions, in combination or alternatively, that are related to the review of drawings, plans or design specifications by an architect, geologist, landscape architect, professional ENGINEER or land surveyor:
1. Revocation of a certification or registration.
2. Suspension of a certification or registration for a period of not more than three years.
3. Imposition of an administrative penalty of not more than two thousand dollars $2,000 for each violation of this chapter or rules adopted pursuant to this chapter.
4. Imposition of restrictions on the scope of the registrant's practice.
5. Imposition of peer review and professional education requirements.
6. Imposition of probation requirements that are best adapted to protect the public safety, health and welfare and that may include a requirement for restitution payments to professional services clients or to other persons suffering economic loss resulting from violations of this chapter or rules adopted pursuant to this chapter.
7. Issuance of a letter of reprimand informing a person regulated under this chapter of a violation of this chapter or rules adopted by the board.
B. The board may issue a letter of concern if the board believes there is insufficient evidence to support disciplinary action against the registrant or home inspector but sufficient evidence for the board to notify the registrant or home inspector of the board's concern. A letter of concern is a public document.
C. The board may take disciplinary action against the holder of a certificate or registration under this chapter who is charged with the commission of any of the following acts:
1. Fraud or misrepresentation in obtaining a certificate of qualification, whether in the application or qualification examination.
2. Gross negligence, incompetence, bribery or other misconduct in the practice of the profession relating to the review of drawings, plans or design specifications by any of the following:
(a) an architect.
(b) a geologist.
(c) a landscape architect.
(d) a professional ENGINEER.
(e) a land surveyor.
3. Aiding or abetting an unregistered or uncertified person to evade this chapter or knowingly combining or conspiring with an unregistered or uncertified person, or allowing one's registration or certification to be used by an unregistered or uncertified person or acting as agent, partner, associate or otherwise of an unregistered or uncertified person, with intent to evade this chapter.
4. Violation of this chapter or board rules.
5. Failing to pay a collaborating registered professional within seven calendar days after the registrant receives payment from a client unless specified otherwise contractually between the prime professional and the collaborating registered professional. For the purposes of this paragraph, "collaborating registered professional" means a registered professional with whom the prime professional has a contract to perform professional services.
D. The board may make investigations, employ investigators and expert witnesses, appoint members of advisory committees and conduct hearings to determine whether a disciplinary action should be taken against the holder of a certificate or registration under this chapter.
E. An investigation may be initiated on receipt of an oral or written complaint. The board, on its own motion, may direct the executive director to file a verified complaint charging a person with a violation of this chapter or board rules and shall give notice of the hearing pursuant to title 41, chapter 6, article 10. The executive director shall then serve on the accused, by either personal service or certified mail, a copy of the complaint together with notice setting forth the charge or charges to be heard and the time and place of the hearing, which shall not be less than thirty days after the service or mailing of notice.
F. A person who has been notified of charges pending against the person shall file with the board an answer in writing to the charges not more than thirty days after service of the complaint and notice of hearing. If a person fails to answer in writing, it is deemed an admission by the person of the act or acts charged in the complaint and notice of hearing. The board may then take disciplinary action pursuant to this chapter without a hearing.
G. A disciplinary action may be informally settled by the board and the accused either before or after initiation of hearing proceedings.
H. On its determination that any person has violated this chapter or a rule adopted pursuant to this chapter, the board may assess the person with its reasonable costs and expenses, including attorney fees, incurred in conducting the investigation and administrative hearing. All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the technical registration fund established by section 32-109 and shall only be used by the board to defray its expenses in connection with investigation related training, disciplinary investigations and hearings. Notwithstanding section 35-143.01, these monies may be spent without legislative appropriation.
I. The board shall immediately notify the clerk of the board of supervisors of each county in the state of the suspension or revocation of a certificate or of the reissuance of a suspended or revoked certificate.
J. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.
Sec. 5. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.03, to read:
41-710.03. Department prohibitions; public monies and resources; violation; payment
Notwithstanding any other law, the department may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the department violates this section, the department shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used.
Sec. 6. Title 41, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 41-784, to read:
41-784. State personnel board prohibitions; public monies and resources; violation; payment
Notwithstanding any other law, the state personnel board may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the board violates this section, the board shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used.
Sec. 7. Title 41, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 41-2055, to read:
41-2055. Governor's office on tribal relations prohibitions; public monies and resources; violation; payment
Notwithstanding any other law, the governor's office on tribal relations may not spend public monies or use public resources on anything that is prohibited by section 41-1494. If the office violates this section, the office shall pay to the aggrieved employee an amount equal to the public monies that were spent or the value of the public resources that were used.
Sec. 8. Repeal
Sections 41-3024.08, 41-3024.09, 41-3024.10, 41-3024.11, 41-3024.14, 41-3024.18, 41-3024.19 and 41-3024.23, Arizona Revised Statutes, are repealed.
Sec. 9. Title 41, chapter 27, article 2, Arizona Revised Statutes, is amended by adding sections 41-3026.13, 41-3026.14, 41-3026.15, 41-3026.16, 41-3026.17, 41-3026.18, 41-3026.19 and 41-3026.20, to read:
41-3026.13. Arizona historical society; termination July 1, 2026
A. The Arizona historical society terminates on July 1, 2026.
B. Title 41, chapter 4.1, article 1 and this section are repealed on January 1, 2027.
41-3026.14. Prescott historical society of Arizona; termination July 1, 2026
A. The Prescott historical society of Arizona terminates on July 1, 2026.
B. Title 41, chapter 4.1, article 2 and this section are repealed on January 1, 2027.
41-3026.15. State personnel board; termination July 1, 2026
A. The state personnel board terminates on July 1, 2026.
B. Title 41, chapter 4, article 6 and this section are repealed on January 1, 2027.
41-3026.16. Board of technical registration; termination July 1, 2026
A. The board of technical registration terminates on July 1, 2026.
B. Title 32, chapter 1 and this section are repealed on January 1, 2027.
41-3026.17. Department of administration; termination July 1, 2026
A. The department of administration terminates on July 1, 2026.
B. Title 41, chapter 4, articles 1, 2, 3, 4, 5 and 7, title 18, chapter 1 and this section are repealed on January 1, 2027.
41-3026.18. Boiler advisory board; termination July 1, 2026
A. The boiler advisory board terminates on July 1, 2026.
B. Section 23-486 and this section are repealed on January 1, 2027.
41-3026.19. Occupational safety and health review board; termination July 1, 2026
A. The occupational safety and health review board terminates on July 1, 2026.
B. Sections 23-422 and 23-423 and this section are repealed on January 1, 2027.
41-3026.20. Governor's office on tribal relations; termination July 1, 2026
A. The governor's office on tribal relations terminates on July 1, 2026.
B. Title 41, chapter 15 and this section are repealed on January 1, 2027.
Sec. 10. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Arizona historical society to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society.
Sec. 11. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the Prescott historical society of Arizona in order to purchase, receive, hold, lease and sell property for the benefit of this state and the use of the society.
Sec. 12. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the state personnel board to hear and review appeals relating to personnel actions taken against state employees and dismissals from state service, suspensions for more than forty hours and demotions resulting from disciplinary actions.
Sec. 13. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the board of technical registration to protect the public safety and welfare by regulating architects, engineers, geologists, home inspectors, alarm agents, landscape architects and land surveyors.
Sec. 14. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the department of administration in order to provide services to state government in the following areas:
1. Automation.
2. Finance.
3. Personnel administration.
4. Public buildings maintenance.
5. Surplus property.
6. Risk management.
Sec. 15. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the boiler advisory board to assist the division of occupational safety and health in drafting standards and rules for boilers and water heaters.
Sec. 16. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the occupational safety and health review board to hear administrative appeals regarding industrial commission of Arizona matters.
Sec. 17. Purpose
Pursuant to section 41-2955, subsection B, Arizona Revised Statutes, the legislature continues the governor's office on tribal relations in order to assist and support tribal nations and communities in this state and to enhance government to government relations between the twenty-two tribal nations within the boundaries of this state.
Sec. 18. Sunset termination; review; committees of reference
Notwithstanding section 41-2953, Arizona Revised Statutes, the joint legislative audit committee shall direct the committees of reference to conduct the sunset review for the next sunset termination schedule that includes all of the following:
1. The Arizona historical society.
2. The Prescott historical society of Arizona.
3. The state personnel board.
4. The board of technical registration.
5. The department of administration.
6. The boiler advisory board.
7. The occupational safety and health review board.
8. The governor's office on tribal relations.
Sec. 19. Retroactivity
Sections 8 and 9 of this act apply retroactively to from and after July 1, 2024."
Amend title to conform
