Bill Text: AZ HB2748 | 2012 | Fiftieth Legislature 2nd Regular | Chaptered
Bill Title: Cities; alarm licenses; reciprocity
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-05-11 - Governor Signed [HB2748 Detail]
Download: Arizona-2012-HB2748-Chaptered.html
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Conference Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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CHAPTER 341
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HOUSE BILL 2748 |
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AN ACT
amending sections 32‑101 and 32‑106, Arizona Revised Statutes; amending title 32, chapter 1, article 1, Arizona Revised Statutes, by adding section 32‑113; amending section 32‑121, Arizona Revised Statutes; amending title 32, chapter 1, article 2, Arizona Revised Statutes, by adding sections 32‑122.05, 32‑122.06 and 32‑122.07; making an appropriation; relating to the regulation of alarm businesses and agents.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-101, Arizona Revised Statutes, is amended to read:
32-101. 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 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" 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 other than an alarm system located on the person's own property or the property of the person's employer.
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.
(c) Contracts with an alarm business for alarm monitoring, installation, repair or maintenance services.
2. 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 as attested by registration as an architect.
3. 7. "Architect‑in‑training" means a candidate for registration as a professional architect who is a graduate of a school approved by the board or who has five years or more of education or experience, or both, in architectural work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the architect‑in‑training examination.
4. 8. "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.
5. 9. "Assayer" means a person who analyzes metals, ores, minerals, or alloys in order to ascertain the quantity of gold or silver or any other substance present in them. A person employed on a full‑time basis as an assayer by an employer engaged in the business of developing, mining or treating ores or other minerals shall not be deemed to be engaged in assaying practice for the purposes of this chapter if the person engages in assaying 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 assaying services for anyone other than the person's employer.
6. 10. "Assayer‑in‑training" means a candidate for registration as a professional assayer 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 assaying work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the assayer‑in‑training examination.
7. 11. "Assaying practice" means any professional service or work requiring assaying education, training and experience and the application of special knowledge of the mineral sciences to such service or work as consultation and the evaluation of minerals. A person is deemed to practice or offer to practice assaying who in any manner represents that the person is an assayer or is able to perform any assaying service or other services recognized by educational authorities as assaying.
8. 12. "Board" means the state board of technical registration.
9. 13. "Certified remediation specialist" means a person who has been certified by the board to perform, supervise and review environmental remediations if the use of a certified remediation specialist is specifically authorized by title 49 and rules adopted pursuant to title 49.
14. "Controlling person":
(a) Means a person who is designated by an alarm business.
(b) Does not include an alarm agent.
10. 15. "Drug laboratory site remediation firm" means a firm that is licensed by the registrar of contractors pursuant to chapter 10 of this title and that performs remediation of residual contamination from the manufacture of methamphetamine, ecstasy or LSD or the storage of chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD. For the purposes of this paragraph:
(a) "Ecstasy" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(b) "LSD" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
(c) "Methamphetamine" has the same meaning prescribed in section 13‑3401, paragraph 6 and includes any of the precursor chemicals, regulated chemicals, other substances or equipment used in the unlawful manufacture of the dangerous drug.
11. 16. "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 as attested by registration as a professional engineer.
12. 17. "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 22 27, 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.
13. 18. "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 had four years or more of education or experience, or both, in engineering work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the engineer‑in‑training examination.
14. 19. "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.
15. 20. "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.
16. 21. "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.
17. 22. "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 had four years or more of education or experience, or both, in geological work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the geologist‑in‑training examination.
18. 23. "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.
(c) Plumbing 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.
19. 24. "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.
20. 25. "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.
21. 26. "Home inspector‑in‑training" means a candidate for certification as a home inspector who has completed a course of study approved by the board and who is participating in a training program that complies with standards recommended by the home inspector rules and standards committee and approved by the board.
22. 27. "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 which 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.
(c) Platting or plotting of lands for the purpose of subdividing.
(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.
23. 28. "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.
24. 29. "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 which meets standards specified by the board in its rules. In addition, the candidate shall have passed the land surveyor‑in‑training examination.
25. 30. "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.
26. 31. "Landscape architect‑in‑training" means a candidate for registration as a professional landscape architect who is a graduate of a school approved by the board or who has had four years or more of education or experience, or both, in landscape architectural work which meets standards specified by the board in its rules. In addition, the candidate shall have passed the landscape architect‑in‑training examination.
27. 32. "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.
33. "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.
28. 34. "On‑site supervisor" means the employee of a drug laboratory site remediation firm who is authorized to oversee on‑site workers in the performance of their duties.
29. 35. "On‑site worker" means an employee of a drug laboratory site remediation firm who has on‑site duties or who handles contaminated materials, chemicals or contaminated equipment.
30. 36. "Person" means any individual, firm, partnership, corporation, association or other organization.
31. 37. "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.
38. "Proprietor alarm" means any alarm or alarm system that is owned by an alarm subscriber who has not contracted with an alarm business.
32. 39. "Registrant" means a person registered or certified by the board.
33. 40. "Registration" means a registration or certification issued by the board.
Sec. 2. 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 its meetings and performance of duties imposed upon it by law.
2. Adopt an official seal for attestation of certificates of registration and other official papers and documents.
3. Consider and pass upon applications for registration or certification.
4. Conduct examinations for in‑training and professional registration except for an alarm business or an alarm agent.
5. Hear and pass upon complaints or charges or direct an administrative law judge to hear and pass 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 which shall show 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. The board may employ persons as it deems necessary.
I. The board shall issue a certificate and renewal card to each drug laboratory site remediation firm, remediation supervisor and on‑site worker.
J. The board shall issue or may authorize the executive director to issue a certificate or renewal certificate to each alarm business and a certification or renewal certification card to each alarm agent if the qualifications prescribed by this chapter are met.
Sec. 3. Title 32, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 32-113, to read:
32-113. Preemption; power of local authorities
A. The state legislature determines that the licensure, certification or registration of alarm businesses and alarm agents is a matter of statewide concern. The power to license, register or certify an alarm business or alarm agent is preempted by this state.
B. The board, a county, a city, including a charter city, or a town shall not require an alarm business to provide any information regarding the alarm subscribers of the alarm business without a court order.
C. A county, city, including a charter city, or town that violates this section shall reimburse a prevailing party for fees and expenses. A court may assess civil penalties against the county or city.
Sec. 4. Section 32-121, Arizona Revised Statutes, is amended to read:
32-121. Certificate or registration required for practice
Except as otherwise provided in this section, a person or firm desiring to practice any 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:
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. The alarm agent has submitted an application and fingerprints to the board pursuant to section 32-122.06.
Sec. 5. Title 32, chapter 1, article 2, Arizona Revised Statutes, is amended by adding sections 32-122.05, 32-122.06 and 32‑122.07, to read:
32-122.05. Certification of alarm businesses; application; fingerprinting; fee; renewal
A. Beginning May 1, 2013, the board shall issue certificates to alarm businesses and alarm agents. Beginning October 1, 2013, a person shall not operate an alarm business unless the person obtains an alarm business certificate 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. All alarm business certificates issued pursuant to this article are valid for two 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 application 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 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, residence addresses and dates 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 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 designated person shall complete and sign all application forms required of an individual alarm agent applicant under this article. The applicant shall also provide a copy of the corporation, partnership or limited liability company formation documents.
3. The name of the applicant and each controlling person, any alias or other name used or by which the applicant or any controlling person has been previously known, the applicant's current residence and business addresses, telephone numbers, including fax numbers, and electronic mail addresses.
4. The names and addresses of the alarm agents who are employed by the alarm business.
5. Proof that the applicant 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 by two inch photographs of the applicant.
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.
C. In addition to the application requirements prescribed in subsection B of this section, an applicant for an alarm business certificate shall pay a fee as determined by the board.
D. An applicant for an alarm business certificate or an applicant for a renewal of an alarm business certificate shall notify the board, in writing, of any change in the information contained in the certificate application or renewal application. The applicant shall notify the board within fifteen calendar days after the occurrence of the change.
E. An alarm business 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 having submitted a timely application for renewal, the holder of the expired certificate shall file a new application for an initial certificate.
32-122.06. Certification of alarm agents; fingerprinting; fee
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 application. All alarm agent certificates issued pursuant to this article are valid for two years from the date of issuance.
B. In order to obtain an alarm agent certificate, a person shall submit an application and pay a fee as determined by the board. The person 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 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. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 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.
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 under the direct supervision of a certified alarm agent.
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.
32-122.07. Denial of alarm business and alarm agent certification; appeal
A. The board shall deny an application for certification as an alarm business or alarm agent if a controlling person of an alarm business or an alarm agent has been convicted of any of the following:
1. Theft.
2. Burglary.
3. Robbery or armed robbery.
4. Criminal trespass.
5. Sexual abuse of a vulnerable adult.
6. Abuse of a vulnerable adult.
7. Sexual assault.
8. Any offense involving the exploitation of a minor.
9. Molestation of a child.
10. Homicide, including first or second degree murder and negligent homicide.
11. Distribution, manufacture or sale of marijuana, dangerous drugs or narcotic drugs if committed less than three years before the date of applying for certification.
12. Kidnapping.
13. Fraud by persons authorized to provide goods or services.
B. If the board denies an application for certification as an alarm business or an alarm agent, it 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.
Sec. 6. Appropriation; board of technical registration; certification of alarm businesses and alarm agents
Notwithstanding section 32‑109, Arizona Revised Statutes, in addition to any other monies appropriated to the board of technical registration in fiscal year 2012‑2013, one hundred eighty thousand dollars is appropriated from the technical registration fund established by section 32‑109, Arizona Revised Statutes, for the start‑up and operating costs incurred by the state board of technical registration as a result of the certification of alarm businesses and alarm agents pursuant to title 32, chapter 1, Arizona Revised Statutes, as amended by this act.
APPROVED BY THE GOVERNOR MAY 11, 2012.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 14, 2012.
