HB2037 - 541R

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

Section 1. Heading change

The chapter heading of title 32, chapter 1, Arizona Revised Statutes, is changed from "ARCHITECTS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS AND SURVEYORS" to "ARCHITECTS, ENGINEERS, GEOLOGISTS, HOME INSPECTORS, LANDSCAPE ARCHITECTS, LAND SURVEYORS AND THE ALARM INDUSTRY".

Sec. 2. Section 32-101, Arizona Revised Statutes, is amended to read:

START_STATUTE32-101. Purpose; definitions

A. The purpose of this chapter is to provide for the safety, health and welfare of the public through the promulgation and enforcement of standards of qualification for those individuals who are registered or certified and seeking registration or certification pursuant to this chapter.

B. In this chapter, unless the context otherwise requires:

1. "Advertising" includes business cards, signs or letterhead provided by a person to the public.

2. "Alarm" or "alarm system":

(a) Means any mechanical or electrical device that is designed to emit an audible alarm or transmit a signal or message if activated and that is used to detect an unauthorized entry into a building or other facility or alert other persons of the occurrence of a medical emergency or the commission of an unlawful act against a person or in a building or other facility.

(b) Includes a silent, panic, holdup, robbery, duress, burglary, medical alert or proprietor alarm that requires emergency personnel to respond.

(c) Does not include a telephone call diverter or a system that is designed to report environmental and other occurrences and that is not designed or used to alert or cause other persons to alert public safety personnel.

3. "Alarm agent":

(a) Means a person, whether an employee, an independent contractor or otherwise, who acts on behalf of an alarm business and who tests, maintains, services, repairs, sells, rents, leases or installs alarm systems.

(b) Does not include any action by a person that:

(i) Is performed in connection with an alarm system located on the person's own property or the property of the person's employer.

(ii) Is acting on behalf of an alarm business whose work duties do not include visiting the location where an alarm system installation occurs.

4. "Alarm business":

(a) Means any person who, either alone or through a third party, engages in the business of either of the following:

(i) Providing alarm monitoring services.

(ii) Selling, leasing, renting, maintaining, repairing or installing a nonproprietor alarm system or service.

(b) Does not include any of the following:

(i) A person or company that purchases, rents or uses an alarm that is affixed to a motor vehicle.

(ii) A person who owns or conducts a business of selling, leasing, renting, installing, maintaining or monitoring an alarm that is affixed to a motor vehicle.

(iii) A person who installs a nonmonitored proprietor alarm for a business that the person owns, is employed by or manages.

(iv) The installation or monitoring of fire alarm systems.

(v) An alarm system that is operated by a city or town.

5. "Alarm subscriber" means any person who:

(a) Leases, rents or purchases any monitored alarm system or service from an alarm business.

(b) Leases or rents an alarm system.

6. "Architect" means a person who, by reason of knowledge of the mathematical and physical sciences and the principles of architecture and architectural engineering acquired by professional education and practical experience, is qualified to engage in the practice of architecture and is registered as an architect pursuant to this chapter.

7. "Architectural practice" means any professional service or creative work requiring architectural education, training and experience, and the application of the mathematical and physical sciences and the principles of architecture and architectural engineering to such professional services or creative work as consultation, evaluation, design and review of construction for conformance with contract documents and design, in connection with any building, planning or site development. A person shall be deemed to practice or offer to practice architecture who in any manner represents that the person is an architect or is able to perform any architectural service or other services recognized by educational authorities as architecture.

8. "Board" means the state board of technical registration.

9. "Controlling person":

(a) Means a person who is designated by an alarm business.

(b) Does not include an alarm agent.

10. "Engineer" means a person who, by reason of special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design acquired by professional education and practical experience, is qualified to practice engineering and is registered as a professional engineer pursuant to this chapter.

11. "Engineering practice" means any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional services or creative work as consultation, research investigation, evaluation, planning, surveying as defined in paragraph 20, subdivisions (d) and (e) of this subsection, design, location, development, and review of construction for conformance with contract documents and design, in connection with any public or private utility, structure, building, machine, equipment, process, work or project. Such services and work include plans and designs relating to the location, development, mining and treatment of ore and other minerals. A person shall be deemed to be practicing or offering to practice engineering if the person practices any branch of the profession of engineering, or by verbal claim, sign, advertisement, letterhead, card or any other manner represents that the person is a professional engineer or is able to perform or does perform any engineering service or other service recognized by educational authorities as engineering. A person employed on a full‑time basis as an engineer by an employer engaged in the business of developing, mining and treating ores and other minerals shall not be deemed to be practicing engineering for the purposes of this chapter if the person engages in the practice of engineering exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any engineering services for persons other than the person's employer.

12. "Engineer‑in‑training" means a candidate for registration as a professional engineer who is a graduate in an approved engineering curriculum of four years or more of a school approved by the board or who has four years or more of education or experience, or both, in engineering work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the engineer‑in‑training examination.

13. 12. "Firm" means any individual or partnership, corporation or other type of association, including the association of a nonregistrant and a registrant who offers to the public professional services regulated by the board.

14. 13. "Geological practice" means any professional service or work requiring geological education, training and experience, and the application of special knowledge of the earth sciences to such professional services as consultation, evaluation of mining properties, petroleum properties and groundwater resources, professional supervision of exploration for mineral natural resources including metallic and nonmetallic ores, petroleum and groundwater, and the geological phases of engineering investigations.

15. 14. "Geologist" means a person, not of necessity an engineer, who by reason of special knowledge of the earth sciences and the principles and methods of search for and appraisal of mineral or other natural resources acquired by professional education and practical experience is qualified to practice geology as attested by registration as a professional geologist. A person employed on a full‑time basis as a geologist by an employer engaged in the business of developing, mining or treating ores and other minerals shall not be deemed to be engaged in geological practice for the purposes of this chapter if the person engages in geological practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any geological services for persons other than the person's employer.

16. "Geologist‑in‑training" means a candidate for registration as a professional geologist who is a graduate of a school approved by the board or who has four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the geologist‑in‑training examination.

17. 15. "Home inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building's systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:

(a) Heating system.

(b) Cooling system.

(d) Electrical system.

(e) Structural components.

(f) Foundation.

(g) Roof covering.

(h) Exterior and interior components.

(i) Site aspects as they affect the building.

(j) Pursuant to rules adopted by the board, swimming pool and spa.

18. 16. "Home inspection report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of a completed dwelling and any visible major defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.

19. 17. "Home inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.

23. 18. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by registration as a landscape architect.

24. 19. "Landscape architectural practice" means the performance of professional services such as consultations, investigation, reconnaissance, research, planning, design or responsible supervision in connection with the development of land and incidental water areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings of and approaches to buildings, structures, facilities or other improvements, natural drainage and the consideration and the determination of inherent problems of the land relating to erosion, wear and tear, light or other hazards. This practice shall include the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph but shall not include the making of cadastral surveys or final land plats for official recording or approval, nor mandatorily include planning for governmental subdivisions.

20. "Land surveying practice" means the performance of one or more of the following professional services:

(a) Measurement of land to determine the position of any monument or reference point that marks a property line, boundary or corner for the purpose of determining the area or description of the land.

(b) Location, relocation, establishment, reestablishment, setting, resetting or replacing of corner monuments or reference points which identify land boundaries, rights‑of‑way or easements.

(d) Measurement by angles, distances and elevations of natural or artificial features in the air, on the surface and immediate subsurface of the earth, within underground workings and on the surface or within bodies of water for the purpose of determining or establishing their location, size, shape, topography, grades, contours or water surface and depths, and the preparation and perpetuation of field note records and maps depicting these features.

(e) Setting, resetting or replacing of points to guide the location of new construction.

21. "Land surveyor" means a person who by reason of knowledge of the mathematical and physical sciences, principles of land surveying and evidence gathering acquired by professional education or practical experience, or both, is qualified to practice land surveying as attested by registration as a land surveyor. A person employed on a full‑time basis as a land surveyor by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in land surveying practice for purposes of this chapter if the person engages in land surveying practice exclusively for and as an employee of such employer and does not represent that the person is available and is not represented as being available to perform any land surveying services for persons other than the person's employer.

22. "Land surveyor‑in‑training" means a candidate for registration as a professional land surveyor who is a graduate of a school and curriculum approved by the board or who has four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules. In addition, the candidate shall have passed the land surveyor‑in‑training examination.

25. 22. "Monitored alarm" means a device that is designed for the detection of an entry on any premises and that if activated generates a notification signal.

26. 23. "Person" means any individual, firm, partnership, corporation, association or other organization.

27. 24. "Principal" means an individual who is an officer of the corporation or is designated by a firm as having full authority and responsible charge of the services offered by the firm.

28. 25. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.

29. 26. "Registrant" means a person registered or certified by the board.

30. 27. "Registration" means a registration or certification issued by the board. END_STATUTE

Sec. 3. 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 designations 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 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. 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. 4. Section 32-122, Arizona Revised Statutes, as amended by Laws 2016, chapter 167, section 5, is amended to read:

START_STATUTE32-122. Qualifications for in‑training designation

A. An applicant for in‑training designation as an engineer, geologist or land surveyor shall:

1. Be of good moral character and repute.

2. Be a graduate of a school approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.

3. Unless exempt under section 32‑126, subsection D E, pass the in‑training applicable national fundamentals examination in the profession in which registration the designation is sought.

B. An applicant for in‑training designation as an assayer shall:

1. Be of good moral character and repute.

2. Be a graduate of a school and curriculum approved by the board or have four years or more of education or experience, or both, in work in the profession in which registration is sought that meets standards specified by the board in its rules.

3. Unless exempt under section 32‑126, subsection D, pass the in‑training examination in the profession in which registration is sought.

B. In addition to the qualifications prescribed in subsection A of this section:

1. An applicant for in‑training designation as an engineer shall both:

(a) Be a graduate in an approved engineering curriculum of four years or more of a school approved by the board or have four years or more of education or experience, or both, in engineering work THAT MEETS standards specified by the board in its rules.

(b) Have passed the national fundamentals of engineering examination.

2. An applicant for in‑training designation as a geologist shall both:

(a) Be a graduate of a school approved by the board or have four years or more of education or experience, or both, in geological work that meets standards specified by the board in its rules.

(b) Have passed the national fundamentals of geology examination.

3. An applicant for in‑training designation as a land surveyor shall both:

(a) Be a graduate of a school and curriculum approved by the board or have four years or more of education or experience, or both, in land surveying work that meets standards specified by the board in its rules.

(b) Have passed the national fundamentals of land surveying examination. END_STATUTE

Sec. 5. Repeal

Section 32-122, Arizona Revised Statutes, as amended by Laws 2016, chapter 352, section 9 and chapter 371, section 11, is repealed.

Sec. 6. Section 32-122.01, Arizona Revised Statutes, is amended to read:

START_STATUTE32-122.01. Qualifications for professional registration

A. An applicant for professional registration as an architect, engineer, geologist or landscape architect shall:

1. Be of good moral character and repute.

2. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least eight years.

3. Unless exempt under section 32‑126, pass the applicable in‑training national fundamentals and professional examinations in the profession in which registration is sought.

B. An applicant for professional registration as a land surveyor shall:

1. Be of good moral character and repute.

2. Be actively engaged in education or experience, or both, in the profession for which registration is sought for at least six years.

3. Unless exempt under section 32‑126, pass the in‑training national fundamentals and professional examinations in the profession in which registration is sought.

4. Pass the state‑specific examination in this state relating to surveying methods and legal principles in this state.

C. In computing the period of active engagement required under this section:

1. Each year of study that is satisfactorily completed in an architectural, engineering, geological or landscape architectural school approved by the board is equivalent to one year of active engagement up to a maximum of five years. One year or more of teaching architectural, engineering, geological or landscape architectural subjects in a school approved by the board is equivalent to one year of active engagement.

2. Each year of study satisfactorily completed in a land surveying curriculum and school approved by the board is considered equivalent to one year of active engagement up to a maximum of four years. One year or more of teaching land surveying or other courses approved by the board as pertinent to the profession in which registration is sought in a school approved by the board is equivalent to one year of active engagement.

D. Except as provided in subsection E of this section, experience credited by the board under this section and sections 32‑101, 32‑122 and 32‑126 must be attained under the direct supervision of a professional who is satisfactory to the board and registered in this state, another state or a foreign country in the profession in which the applicant is seeking registration, except that up to one year's experience may be attained under the direct supervision of a professional who is satisfactory to the board and registered in another profession regulated under this chapter in this state, another state or a foreign country.

E. By a two‑thirds majority vote, the board may allow an applicant except for an architect applicant to meet the requirements of subsection D of this section by crediting comparable experience satisfactory to the board that the applicant attained without direct supervision of a registered professional. END_STATUTE

Sec. 7. Section 32-126, Arizona Revised Statutes, is amended to read:

START_STATUTE32-126. Exemptions from examination requirement

A. The board shall waive the examination requirement for an applicant, other than an applicant for professional registration as a land surveyor, geologist or home inspector, who satisfies any one either of the following:

1. Holds a valid certificate of registration in good standing issued by another state or foreign country which has or had requirements for registration substantially identical to those of this state.

2. 1. Holds a certificate of qualification in good standing issued by a United States national bureau council of registration or certification recognized by the board.

3. 2. Has been actively engaged in another state or foreign country a united States territory as a professional registrant in the profession in which registration is sought for at least ten years and holds a valid certificate of registration in good standing issued by that state or country united States territory.

B. A registered professional engineer who holds a proficiency designation in one branch of engineering in this state and seeks an additional or different proficiency designation shall submit evidence to the board of either:

1. Four years of experience acceptable to the board as a registered professional engineer practicing in that branch of engineering in which the person seeks the proficiency designation.

2. Successful completion of successfully completing the professional examination in the branch of engineering in which the applicant seeks the proficiency designation.

C. An applicant for professional registration as a land surveyor who satisfies any one either of the requirements of subsection A shall pass of this section must have successfully passed the part of the professional land surveyor examination relating to surveying methods and legal principles in this state prescribed by the board in its rules.

D. An applicant for professional registration as a geologist or home inspector must have successfully passed the applicable national examination required for professional practice.

D. E. The board shall exempt an applicant from the in‑training national fundamentals examination if the applicant is a graduate of a school and curriculum approved by the board and has been actively engaged in experience in the profession for which registration is sought for at least twelve years after graduation. END_STATUTE

Sec. 8. Title 32, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 32-126.01, to read:

START_STATUTE32-126.01. Registration or certification by endorsement; requirements; exceptions

A. Except as provided in subsections B, C and E of this section, the board or the executive director shall grant registration or certification by endorsement to an applicant for a board-regulated profession or occupation if the applicant:

1. Submits a complete application.

2. Pays all fees required by this chapter.

3. Satisfies both of the following:

(a) Holds a valid registration or certification in good standing that both:

(i) Is issued by another state or a United States territory that has registration or certification requirements that are substantially equivalent to or GREATER than the requirements of this state.

(ii) Demonstrates active practice for at least five years in that state or territory as a professional registrant or certification holder in the profession in which registration or certification is sought.

(b) Verifies having registration or certification in good standing for all registrations or certifications held in each state or United States territory or holds a certificate of qualification in good STANDING ISSUED by a United States national council that is recognized by the board.

B. Before the board or the executive director grants registration by endorsement to an applicant for professional registration as a land surveyor, the applicant must do all of the following:

1. Submit a complete application.

2. Pay all fees required by this chapter.

3. Satisfy the requirements in subsection A, paragraph 3, subdivision (a) or (b) of this section.

4. Pass the state‑specific examination in this state relating to surveying methods and legal principles in this state.

C. Before the board or the executive director grants certification by endorsement to an applicant for certification as a professional home inspector, the applicant must do all of the following:

1. Submit a complete application.

2. Pay all fees required by this chapter.

3. Satisfy the requirements in section 32-122.02, subsection A.

4. provide the board with all of the following:

(a) One home inspection report that was completed during the applicant's period of lawful certification as a professional home inspector in the applicant's original state of certification that meets the standards of professional practice in this state.

(b) Evidence of having completed Four hours of education on pool and spa inspection.

D. Except as provided in subsection E of this section, the board or the executive director may grant registration or certification by ENDORSEMENT to an applicant who has been convicted of a felony or a crime that is reasonably related to the profession for which registration or certification is sought if the applicant successfully demonstrates to the board the applicant's rehabilitation, good moral character and ability to practice the profession safely.

E. The board or the executive director may not grant registration or certification by endorsement to alarm agents, alarm businesses or controlling persons. END_STATUTE

Sec. 9. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 3 and chapter 296, section 12, 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 public safety, the department of transportation, the state real estate department, the department of financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy 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 3-314.

~~(a)~~ (b) Section 8‑105.

~~(b)~~ (c) Section 8‑322.

~~(c)~~ (d) Section 8‑463.

~~(d)~~ (e) Section 8‑509.

~~(e)~~ (f) Section 8‑802.

~~(f)~~ (g) Section 8‑804.

~~(g)~~ (h) Section 15‑183.

~~(h)~~ (i) Section 15‑503.

~~(i)~~ (j) Section 15‑512.

~~(j)~~ (k) Section 15‑534.

~~(k)~~ (l) Section 15‑763.01.

~~(l)~~ (m) Section 15‑782.02.

~~(m)~~ (n) Section 15‑1330.

~~(n)~~ (o) Section 15‑1881.

~~(o)~~ (p) Section 17‑215.

~~(p)~~ (q) Section 28‑3228.

~~(q)~~ (r) Section 28‑3413.

~~(r)~~ (s) Section 32-122.02.

~~(s)~~ (t) Section 32‑122.05.

~~(t)~~ (u) Section 32‑122.06.

(v) Section 32‑126.01.

~~(u)~~ (w) Section 32‑1232.

~~(v)~~ (x) Section 32‑1276.01.

~~(w)~~ (y) Section 32‑1284.

~~(x)~~ (z) Section 32‑1297.01.

~~(y)~~ (aa) Section 32‑1904.

~~(z)~~ (bb) Section 32-1941.

~~(aa)~~ (cc) Section 32‑2022.

~~(bb)~~ (dd) Section 32‑2108.01.

~~(cc)~~ (ee) Section 32‑2123.

~~(dd)~~ (ff) Section 32‑2371.

~~(ee)~~ (gg) Section 32‑3620.

~~(ff)~~ (hh) Section 32‑3668.

~~(gg)~~ (ii) Section 32‑3669.

~~(hh)~~ (jj) Section 36‑207.

~~(ii)~~ (kk) Section 36‑411.

~~(jj)~~ (ll) Section 36‑425.03.

~~(kk)~~ (mm) Section 36‑446.04.

~~(ll)~~ (nn) Section 36‑594.01.

~~(mm)~~ (oo) Section 36‑594.02.

~~(nn)~~ (pp) Section 36‑882.

~~(oo)~~ (qq) Section 36‑883.02.

~~(pp)~~ (rr) Section 36‑897.01.

~~(qq)~~ (ss) Section 36‑897.03.

~~(rr)~~ (tt) Section 36‑3008.

~~(ss)~~ (uu) Section 41‑619.53.

~~(tt)~~ (vv) Section 41‑1964.

~~(uu)~~ (ww) Section 41‑1967.01.

~~(vv)~~ (xx) Section 41‑1968.

~~(ww)~~ (yy) Section 41‑1969.

~~(xx)~~ (zz) Section 41‑2814.

~~(yy)~~ (aaa) Section 46‑141, subsection A.

~~(zz)~~ (bbb) Section 46‑321.END_STATUTE

Sec. 10. Repeal

Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 3, is repealed.

Sec. 11. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 4 and chapter 296, section 13, 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 public safety, 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 Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy or the board of physical therapy 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 3-314.

~~(a)~~ (b) Section 8‑105.

~~(b)~~ (c) Section 8‑322.

~~(c)~~ (d) Section 8‑463.

~~(d)~~ (e) Section 8‑509.

~~(e)~~ (f) Section 8‑802.

~~(f)~~ (g) Section 15‑183.

~~(g)~~ (h) Section 15‑503.

~~(h)~~ (i) Section 15‑512.

~~(i)~~ (j) Section 15‑534.

~~(j)~~ (k) Section 15‑763.01.

~~(k)~~ (l) Section 15‑782.02.

~~(l)~~ (m) Section 15‑1330.

~~(m)~~ (n) Section 15‑1881.

~~(n)~~ (o) Section 17‑215.

~~(o)~~ (p) Section 28‑3228.

~~(p)~~ (q) Section 28-3413.

~~(q)~~ (r) Section 32-122.02.

~~(r)~~ (s) Section 32‑122.05.

~~(s)~~ (t) Section 32‑122.06.

(u) Section 32‑126.01.

~~(t)~~ (v) Section 32‑1232.

~~(u)~~ (w) Section 32‑1276.01.

~~(v)~~ (x) Section 32‑1284.

~~(w)~~ (y) Section 32‑1297.01.

~~(x)~~ (z) Section 32‑1904.

~~(y)~~ (aa) Section 32-1941.

~~(z)~~ (bb) Section 32‑2022.

~~(aa)~~ (cc) Section 32‑2108.01.

~~(bb)~~ (dd) Section 32‑2123.

~~(cc)~~ (ee) Section 32‑2371.

~~(dd)~~ (ff) Section 32‑3620.

~~(ee)~~ (gg) Section 32‑3668.

~~(ff)~~ (hh) Section 32‑3669.

~~(gg)~~ (ii) Section 36‑207.

~~(hh)~~ (jj) Section 36‑411.

~~(ii)~~ (kk) Section 36‑425.03.

~~(jj)~~ (ll) Section 36‑446.04.

~~(kk)~~ (mm) Section 36‑594.01.

~~(ll)~~ (nn) Section 36‑594.02.

~~(mm)~~ (oo) Section 36‑882.

~~(nn)~~ (pp) Section 36‑883.02.

~~(oo)~~ (qq) Section 36‑897.01.

~~(pp)~~ (rr) Section 36‑897.03.

~~(qq)~~ (ss) Section 36‑3008.

~~(rr)~~ (tt) Section 41‑619.52.

~~(ss)~~ (uu) Section 41‑619.53.

~~(tt)~~ (vv) Section 41‑1964.

~~(uu)~~ (ww) Section 41‑1967.01.

~~(vv)~~ (xx) Section 41‑1968.

~~(ww)~~ (yy) Section 41‑1969.

~~(xx)~~ (zz) Section 41‑2814.

~~(yy)~~ (aaa) Section 46‑141, subsection A.

~~(zz)~~ (bbb) Section 46‑321.

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

Sec. 12. Repeal

Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 4, is repealed.

Sec. 13. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 5 and chapter 296, section 14, 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 3-314, 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, 28‑3228, 28‑3413, 32-122.02, 32‑122.05, 32‑122.06, 32-126.01, 32‑1232, 32‑1276.01, 32‑1284, 32‑1297.01, 32‑1904, 32‑1941, 32‑2022, 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

Sec. 14. Repeal

Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 5, is repealed.

Sec. 15. Effective date

The following sections are effective from and after August 3, 2019:

1. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 3 and chapter 296, section 12 and this act.

2. Section 41-619.51, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 3 and repealed by this act.

3. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 4 and chapter 296, section 13 and this act.

4. Section 41-1758, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 4 and repealed by this act.

5. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 46, section 5 and chapter 296, section 14 and this act.

6. Section 41-1758.01, Arizona Revised Statutes, as amended by Laws 2018, chapter 287, section 5 and repealed by this act.