SB1186 - 531R

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

Section 1. Section 32-106, Arizona Revised Statutes, is amended to read:

START_STATUTE32-106. Powers and duties

A. The board shall:

1. Adopt rules for the conduct of its meetings and performance of duties imposed on it by law.

2. Adopt an official seal for attestation of 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.

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 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. 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 and may fix the fee to be paid for these services. These employees are authorized to prepare, grade and monitor examinations 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. The board may rent necessary office space and pay the cost of this office space from the technical registration fund.

F. The board may adopt rules establishing rules of professional conduct for registrants.

G. The board may require evidence it deems necessary to establish the continuing competency of registrants as a condition of renewal of licenses.

H. Subject to title 41, chapter 4, article 4, the board may employ persons as it deems necessary.

I. 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. END_STATUTE

Sec. 2. Section 32-121, Arizona Revised Statutes, is amended to read:

START_STATUTE32-121. Certificate or registration required for practice

Except as otherwise provided in this section, a person or firm desiring to practice any board regulated board-regulated profession or occupation shall first secure a certificate or registration and shall comply with all the conditions prescribed in this chapter. An alarm business or an alarm agent may install alarms as follows if all of the following apply:

1. The alarm business has submitted an application for certification pursuant to section 32‑122.05 or is a licensed contractor pursuant to chapter 10 of this title.

2. Each controlling person has submitted an application and proof of a valid fingerprint clearance card to the board pursuant to section 32-122.05.

2. 3. The alarm agent has submitted an application and fingerprints proof of a valid fingerprint clearance card to the board pursuant to section 32‑122.06. END_STATUTE

Sec. 3. Section 32-122.05, Arizona Revised Statutes, is amended to read:

START_STATUTE32-122.05. Certification of alarm businesses and controlling persons; applications; fingerprinting; fee; renewal

A. Beginning May 1, 2013, The board shall issue certificates to alarm businesses and alarm agents controlling persons. Beginning October 1, 2013, a person shall not operate an alarm business unless the person obtains An alarm business certificate may not operate until the alarm business and each of its controlling persons submit applications and receive certification from the board. A separate certificate is required for each business name under which an alarm business conducts business or advertises, except that one certificate may be used for two businesses with the same ownership. To obtain an alarm business certificate, each controlling person of the alarm business shall submit a completed fingerprint card and a fingerprint background check fee to the board. On receipt of the application and each year thereafter on the anniversary of the initial certification for as long as the alarm business is certified, the board shall submit the fingerprints of each controlling person to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92‑544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Each controlling person of the alarm business shall submit a fingerprint background check fee to the board annually on the anniversary of the initial certification of the alarm business. The board shall keep and maintain the fingerprint card for as long as the person is the controlling person of the alarm business. Provide proof to the board of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. All alarm business certificates and controlling person certificates issued pursuant to this article are valid for two three years from the date of issuance.

B. A person shall submit an application for an alarm business certificate or renewal of the certificate to the board. The An application for an alarm business certificate and for a controlling person certificate shall include:

1. The name, business address, mailing address and telephone number of the alarm business. If the applicant is a corporation, general or limited partnership, limited liability company or other legal entity, the applicant shall state the name of the applicant alarm business exactly as shown in its articles of incorporation, charter, certificate of limited partnership, articles of organization or other organizational documents, as applicable, together with the state and date of incorporation and the names name, residence addresses address and dates date of birth of each controlling person. If one or more of the partners, members or shareholders of the applicant is a corporation or other legal entity, the provisions of this subsection relating to information required of a corporation apply.

2. If the applicant alarm business is a corporation, general or limited partnership, limited liability company or other legal entity, designation of one of its designated controlling persons to have full authority, and act as principal the alarm business's contact with the board and be responsible for the alarm business's compliance with this chapter. The Each designated controlling person shall complete and sign all application forms required of an individual alarm agent applicant under this article. The applicant alarm business shall also provide a copy of the corporation, partnership or limited liability company formation documents to the board.

3. The name of the applicant alarm business and each controlling person, any alias or other name used or by which the applicant alarm business or any controlling person has been previously known, and the applicant's current residence and business addresses, telephone numbers, including fax numbers, and electronic mail e-mail addresses of each alarm business and each controlling person.

4. The names and addresses of the alarm agents who are employed by the alarm business.

5. Proof that the applicant person submitting the application and each controlling person are at least eighteen years of age as indicated on a current driver license or other picture identification document that is issued by a governmental agency.

6. Two current two inch two‑inch by two inch two‑inch photographs of the applicant each controlling person.

7. Information as to whether the applicant or any controlling person, or the business on behalf of which the certificate is being applied for, has ever been refused or denied any similar registration, certificate, license or permit or has had any similar license or permit revoked, canceled or suspended and the reason or reasons for the revocation, cancellation or suspension.

8. Whether the person submitting the application or any controlling person has been convicted of a felony or misdemeanor.

C. In addition to the application requirements prescribed in subsection B of this section, an applicant for an alarm business certificate and an applicant for a controlling person certificate shall pay a fee as determined by the board.

D. An applicant for an initial alarm business certificate or an initial controlling person certificate or an applicant for a renewal of an alarm business certificate or a controlling person certificate shall notify the board, in writing, of any change in the information contained in the certificate application or renewal application, including the names of controlling persons or alarm agents that have left the applicant's employment. The applicant shall notify the board within fifteen calendar days after the occurrence of the change.

E. An alarm business and each controlling person shall file an application for a certificate renewal with the board no later than fourteen days before the expiration of the certificate that is currently in effect. If a certificate expires without the alarm business or controlling persons having submitted a timely application for renewal, the alarm business may not operate until the holder of the expired certificate shall file files a new application for an initial certificate. END_STATUTE

Sec. 4. Section 32-122.06, Arizona Revised Statutes, is amended to read:

START_STATUTE32-122.06. Certification of alarm agents; fee; fingerprinting; temporary certification; renewal

A. Each alarm agent shall apply for an alarm agent certification and a renewal certification card from the board. The board shall issue or deny an alarm agent certification card or a renewal certification card within ten business days after receiving the an administratively complete application that includes an explanation of any criminal or disciplinary history. All alarm agent certificates issued pursuant to this article are valid for two three years from the date of issuance.

B. In order To obtain an alarm agent certificate, a person shall submit an application and to the board, pay a fee as determined by the board. The person shall submit a completed fingerprint card and a fingerprint background check fee and provide to the board evidence of having a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1. On receipt of the application and each year thereafter on the third anniversary of the initial certification for as long as the person is an alarm agent, the board shall submit the alarm agent's fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41‑1750 and Public Law 92‑544. verify with the department of public safety may exchange this fingerprint data with the federal bureau of investigation the status of the alarm agent's fingerprint clearance card. This subsection does not apply if the alarm agent is also the controlling person and has complied with section 32‑122.05. For as long as the person is an alarm agent:

1. The person shall submit a fingerprint background check fee to the board annually on the anniversary of the person's initial certification.

2. The board shall keep and maintain the fingerprint card. An alarm agent certificate remains valid only if the person maintains a valid fingerprint clearance card.

C. A person shall apply for an alarm agent certificate within five working days after being employed by an alarm business. A person may not work as an alarm agent until the application is processed and approved unless the person is under the direct supervision of a certified alarm agent or unless the alarm business employing an alarm agent who is applying for an initial alarm agent certificate certifies that the alarm business has determined through a privately administered background check by a nationally recognized database company that the applicant has not been convicted of a crime that would prevent the applicant from receiving a fingerprint clearance card. The alarm business employing the alarm agent shall provide a copy of the background check to the board on request. A copy of the application showing that the application has been filed with the board and that a background check has been conducted is valid as a sixty‑day temporary certification under this subsection. The sixty‑day temporary certification may be extended for an additional thirty days if the applicant shows good cause to the board. When the applicant receives a fingerprint clearance card, the applicant shall provide a copy of the fingerprint clearance card to the board. If the board determines that a person is working as an alarm agent without a valid certification or temporary certification, the person is subject to disciplinary action and penalties pursuant to this chapter.

D. An alarm agent shall physically possess the agent's alarm agent certification card when performing or authorizing the performance of any task pursuant to this chapter.

E. An alarm agent certificate card becomes the personal property of the person to whom it is issued. The person shall retain possession of the card. END_STATUTE

Sec. 5. Section 32-122.07, Arizona Revised Statutes, is amended to read:

START_STATUTE32-122.07. Denial of alarm business, controlling person or alarm agent certification; appeal

A. The board may deny an application for certification as an alarm business, controlling person or alarm agent if a controlling person of an alarm business or an alarm agent lacks good moral character or has been convicted of an act involving moral turpitude. A lack of good moral character may be established by evidence of past criminal activity and shall be determined by the board.

B. If the board denies an application for certification as an alarm business, controlling person or an alarm agent, it the board shall send notice of its action by certified mail to the applicant, setting forth the reasons for the action taken.

C. Within thirty days after the date of the notice, the applicant may request a hearing before the board pursuant to title 41, chapter 6, article 10. END_STATUTE

Sec. 6. Section 41-619.51, Arizona Revised Statutes, is amended to read:

START_STATUTE41-619.51. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, or the Arizona state board of pharmacy or the state board of technical registration.

2. "Board" means the board of fingerprinting.

3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41‑619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8‑804.

4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.

5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.

6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:

(a) Section 8‑105.

(b) Section 8‑322.

(d) Section 8‑509.

(e) Section 8‑802.

(f) Section 8‑804.

(g) Section 15‑183.

(h) Section 15‑503.

(i) Section 15‑512.

(j) Section 15‑534.

(k) Section 15‑763.01.

(l) Section 15‑782.02.

(m) Section 15‑1330.

(n) Section 15‑1881.

(o) Section 17‑215.

(p) Section 28‑3413.

(q) Section 32‑122.05.

(r) Section 32‑122.06.

(q) (s) Section 32‑1232.

(r) (t) Section 32‑1284.

(s) (u) Section 32‑1297.01.

(t) (v) Section 32‑1904.

(u) (w) Section 32‑2108.01.

(v) (x) Section 32‑2123.

(w) (y) Section 32‑2371.

(x) (z) Section 32‑3620.

(y) (aa) Section 32‑3668.

(z) (bb) Section 32‑3669.

(aa) (cc) Section 36‑207.

(bb) (dd) Section 36‑411.

(cc) (ee) Section 36‑425.03.

(dd) (ff) Section 36‑446.04.

(ee) (gg) Section 36‑594.01.

(ff) (hh) Section 36‑594.02.

(gg) (ii) Section 36‑882.

(hh) (jj) Section 36‑883.02.

(ii) (kk) Section 36‑897.01.

(jj) (ll) Section 36‑897.03.

(kk) (mm) Section 36‑3008.

(ll) (nn) Section 41‑619.53.

(mm) (oo) Section 41‑1964.

(nn) (pp) Section 41‑1967.01.

(oo) (qq) Section 41‑1968.

(pp) (rr) Section 41‑1969.

(qq) (ss) Section 41‑2814.

(rr) (tt) Section 46‑141, subsection A.

(ss) (uu) Section 46‑321. END_STATUTE

Sec. 7. Section 41-1758, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of transportation, the state real estate department, the department of financial institutions, the board of fingerprinting, the Arizona game and fish department, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, or the Arizona state board of pharmacy or the state board of technical registration.

2. "Division" means the fingerprinting division in the department of public safety.

3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.

4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41‑619.55.

5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:

(a) Section 8‑105.

(b) Section 8‑322.

(d) Section 8‑509.

(e) Section 8‑802.

(f) Section 15‑183.

(g) Section 15‑503.

(h) Section 15‑512.

(i) Section 15‑534.

(j) Section 15‑763.01.

(k) Section 15‑782.02.

(l) Section 15‑1330.

(m) Section 15‑1881.

(n) Section 17‑215.

(o) Section 28-3413.

(p) Section 32‑122.05.

(q) Section 32‑122.06.

(p) (r) Section 32‑1232.

(q) (s) Section 32‑1284.

(r) (t) Section 32‑1297.01.

(s) (u) Section 32‑1904.

(t) (v) Section 32‑2108.01.

(u) (w) Section 32‑2123.

(v) (x) Section 32‑2371.

(w) (y) Section 32‑3620.

(x) (z) Section 32‑3668.

(y) (aa) Section 32‑3669.

(z) (bb) Section 36‑207.

(aa) (cc) Section 36‑411.

(bb) (dd) Section 36‑425.03.

(cc) (ee) Section 36‑446.04.

(dd) (ff) Section 36‑594.01.

(ee) (gg) Section 36‑594.02.

(ff) (hh) Section 36‑882.

(gg) (ii) Section 36‑883.02.

(hh) (jj) Section 36‑897.01.

(ii) (kk) Section 36‑897.03.

(jj) (ll) Section 36‑3008.

(kk) (mm) Section 41‑619.52.

(ll) (nn) Section 41‑619.53.

(mm) (oo) Section 41‑1964.

(nn) (pp) Section 41‑1967.01.

(oo) (qq) Section 41‑1968.

(pp) (rr) Section 41‑1969.

(qq) (ss) Section 41‑2814.

(rr) (tt) Section 46‑141, subsection A.

(ss) (uu) Section 46‑321.

6. "Vulnerable adult" has the same meaning prescribed in section 13‑3623. END_STATUTE

Sec. 8. Section 41-1758.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1758.01. Fingerprinting division; powers and duties

A. The fingerprinting division is established in the department of public safety and shall:

1. Conduct fingerprint background checks for persons and applicants who are 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 pursuant to sections 8‑105, 8‑322, 8‑463, 8‑509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑763.01, 15‑782.02, 15‑1330, 15‑1881, 17‑215, 28‑3413, 32‑122.05, 32‑122.06, 32‑1232, 32‑1284, 32‑1297.01, 32‑1904, 32‑2108.01, 32‑2123, 32‑2371, 32‑3620, 32‑3668, 32‑3669, 36‑207, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.

2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.

3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.

4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41‑1758.03, 41‑1758.04 or 41‑1758.07.

5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.

6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41‑1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41‑1750 and Public Law 92‑544.

7. Administer and enforce this article.

B. The fingerprinting division may contract for electronic or internet‑based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15‑106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:

1. All information privacy and security measures and submission standards established by the department of public safety.

2. The information technology security policy approved by the department of public safety. END_STATUTE