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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
VETOED
technical registration board; endorsement registration
Purpose
Outlines registration or certification by endorsement requirements for professional registration, specifies requirements for in-training designation and requires the Arizona Board of Technical Registration (AZBTR) to exempt an applicant from examinations if certain requirements are met.
Background
The AZBTR's responsibilities include: 1) conducting examinations for in-training and professional registration; 2) acting on applications for registration or certification; and 3) adopting rules establishing professional conduct for registrants (A.R.S. § 32-106).
An applicant for an in-training designation as an engineer, geologist or land surveyor must: 1) be of good moral character; 2) be a graduate of a AZBTR-approved school or have at least four years of relevant education or experience; and 3) pass the applicable in-training examination (A.R.S. § 32-122). An applicant for professional registration as an architect, engineer, geologist or landscape architect must: 1) be of good moral character; 2) be engaged in relevant education or experience for at least eight years; and 3) pass the applicable in-training and professional examinations (A.R.S. § 32-122.01).
The AZBTR is required to exempt an applicant from examination requirements, other than an applicant for professional registration as a land surveyor, if an applicant either: 1) holds a certificate of registration issued by another state or foreign country which has registration requirements substantially identical to Arizona's; 2) holds a certificate of qualification issued by a national bureau of registration or certification recognized by the AZBTR; or 3) holds a certificate of registration and has been engaged in another state or foreign country as a professional registrant for at least ten years (A.R.S. § 32-126).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Registration or Certification by Endorsement
1. Requires the AZBTR or the Executive Director of the AZBTR (Director) to grant registration or certification by endorsement to an applicant for a AZBTR-regulated profession or occupation if the applicant:
a) submits a complete application;
b) pays required fees;
c) holds and verifies the status of a valid registration or certification in good standing that is issued by another state or a United States territory that has substantially equivalent or greater requirements than Arizona’s; and
d) demonstrates active practice for at least five years in the profession and in the state or territory where registration or certification is sought.
2. Requires an applicant for professional certification as a home inspector, to be granted certification by endorsement, to:
a) submit a complete application;
b) pay required fees;
c) satisfy home inspector regulation requirements; and
d) provide the AZBTR with:
i. one home inspection report that meets the standards of professional practice in Arizona;
ii. evidence of having completed four hours of education on pool and spa inspection; and
iii. evidence of having a valid fingerprint clearance card.
3. Requires an applicant for professional registration as a land surveyor, to be granted registration by endorsement, to:
a) submit a complete application;
b) pay required fees;
c) pass the state-specific examination relating to surveying methods and legal principles in Arizona; and
d) hold a valid registration or certification in good standing that:
i. is issued by another state or a United States territory that has substantially equivalent or greater requirements to Arizona’s and practice for at least five years in the state or territory; or
ii. is verified by the applicant as being in good standing or is issued by a AZBTR‑recognized United States national council of registration or certification.
4. Allows the AZBTR or the Director to grant registration or certification by endorsement to an applicant who has been convicted of a felony or crime that is reasonably related to the profession for which registration or certification is sought if the applicant successfully demonstrates rehabilitation, good moral character and the ability to practice the profession safely.
5. Prohibits the AZBTR and the Director from granting registration or certification by endorsement to alarm agents, alarm businesses or controlling persons.
Professional Registration
6. Requires an applicant for professional registration as an architect, engineer, geologist, or landscape architect to pass the applicable national fundamentals examination, rather than the in-training examination.
7. Requires an applicant for professional registration as a geologist or home inspector to pass the applicable national examination.
8. Requires an applicant for professional registration as a land surveyor to:
a) pass the applicable national fundamentals examination, rather than the in-training examination; and
b) pass the state-specific examination relating to surveying methods and legal principles in Arizona.
In-Training Designation
9. Requires an applicant for an in-training designation as a land surveyor to:
a) be of good moral character and repute;
b) be a graduate of a school approved by the AZBTR or have four years of land surveying education or experience that meets standards specified by the AZBTR; and
c) pass the national fundamentals of land surveying examination, rather than the in-training examination.
10. Requires an applicant for an in-training designation as a geologist to:
a) be of good moral character and repute;
b) be a graduate of a school approved by the AZBTR or have four years of geological education or experience that meets standards specified by the AZBTR; and
c) pass the national fundamentals of geology examination, rather than the in-training examination.
11. Requires an applicant for an in-training designation as an engineer to:
a) be of good moral character and repute;
b) be a graduate of a school approved by the AZBTR or have four years of engineering education or experience that meets standards specified by the AZBTR; and
c) pass the national fundamentals of engineering examination, rather than the in-training examination.
Examination Exemption
12. Removes the requirement that a registered professional engineer who holds a proficiency designation in one branch of engineering and seeks a different proficiency designation must submit evidence of four years of engineering experience.
13. Requires the AZBTR to exempt an applicant for professional registration from the national fundamentals examination, rather than the in-training examination, if the applicant is a graduate of a AZBTR-approved school and has been engaged in the profession for at least 12 years.
14. Requires the AZBTR to waive the examination requirement for an applicant for professional registration who has been engaged in another state or a United States territory, rather than a foreign country.
15. Removes the requirement that the AZBTR must waive the examination for an applicant who holds a certificate of registration from another state or foreign country with similar registration requirements.
16. Prohibits the AZBTR from waiving the examination requirement for an applicant for professional registration as a geologist or home inspector.
Miscellaneous
17. Removes the definitions of engineer-in-training, geologist-in-training and land surveyor‑in‑training.
18. Resolves, effective August 4, 2019, conflicting versions of statute by repealing and transferring to conform versions.
19. Makes technical and conforming changes.
20. Becomes effective on the general effective date, except as otherwise noted.
Governor's Veto Message
The Governor indicates in his veto message that H.B. 2037 is no longer necessary following the signing of H.B. 2569.
House Action Senate Action
RA 1/28/19 DP 7-0-0-0 COM 3/7/19 DP 6-0-2
3rd Read 2/11/19 57-3-0 3rd Read 4/4/19 29-0-1
Vetoed by the Governor 4/11/19
Prepared by Senate Research
April 17, 2019
MG/AA/gs