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REFERENCE TITLE: professional regulatory boards; composition |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1274 |
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Introduced by Senator Ugenti-Rita
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AN ACT
amending sections 32‑102, 32‑302, 32‑502, 32‑702, 32‑1302 and 32‑4202, Arizona Revised Statutes; relating to professional and occupational regulatory boards.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 32-102, Arizona Revised Statutes, is amended to read:
32-102. State board of technical registration; members; vacancies; terms
A. The state board of technical registration is established consisting of members who are appointed by the governor as follows:
1. Two architects.
2. Three professional engineers, one of whom is a civil engineer and two of whom are representatives of branches of engineering other than civil engineering and are registered in those branches pursuant to this chapter.
1. Four members who are architects, engineers, landscape architects, geologists or land surveyors. Not more than one of these members may be of the same profession regulated by this chapter.
3. 2. One Five public member members.
4. One landscape architect.
5. One geologist.
6. One land surveyor.
B. On the expiration of any of the terms, a successor who is qualified pursuant to subsection A of this section shall be appointed for a full term of three years. The governor may remove a member of the board for misconduct, incapacity or neglect of duty. Appointment to fill a vacancy caused other than by expiration of term shall be for the unexpired portion of the term.
C. No A member may not serve more than two consecutive terms.
Sec. 2. Section 32-302, Arizona Revised Statutes, is amended to read:
32-302. Board of barbers; members; appointment; qualifications; terms
A. A The board of barbers is established consisting of the following five members appointed by the governor:
1. Two members who are any of the following:
1. (a) One A barber who has been actively practicing barbering in this state for at least five years.
2. (b) One member who is A holder of a barber school license who is a barber. or a holder of a shop or salon license who is a barber or
(c) A barber who has been actively practicing barbering in this state for at least five years. Preference will be given to a holder of a barber school license then to a holder of a barber shop or salon license and then to a barber.
3. (d) One A holder of a barber shop or salon license who is a barber.
4. 2. Two Three public members, preferably one of whom is an educator.
B. The two members who are appointed pursuant to subsection A, paragraph 1 of this section shall be appointed under different subdivisions of subsection A, paragraph 1 of this section.
B. C. A public member shall not be associated, directly or indirectly, with the manufacture of barber appliances or supplies or their rental, sale or distribution to licensees or represent the barbering industry in any manner.
C. D. The terms of office of board members are five years beginning and ending June 30. Members shall not serve more than two consecutive terms.
D. E. The governor may remove a board member for neglect of duty, malfeasance or misfeasance.
Sec. 3. Section 32-502, Arizona Revised Statutes, is amended to read:
32-502. Board of cosmetology; members; appointment; qualifications; terms
A. The board of cosmetology is established consisting of the following seven members who are appointed by the governor:
1. Two cosmetologists who have been actively practicing in this state for at least three years immediately preceding appointment.
2. One nail technician who has been actively practicing in this state for at least three years immediately preceding appointment.
3. One instructor who has been actively practicing in this state for at least three years immediately preceding appointment.
4. One school owner.
1. Three members who have been actively practicing in this state for at least three years immediately preceding appointment and who are any of the following:
(a) A cosmetologist.
(b) A nail technician.
(c) An instructor.
(d) A school owner.
5. 2. Two Four public members who are not and have never been associated with the cosmetology or nail technology industry, licensed as a cosmetologist or nail technician or involved in the manufacture of cosmetology or nail technology products.
B. The three members who are appointed pursuant to subsection A, paragraph 1 of this section shall be appointed under different subdivisions of subsection A, paragraph 1 of this section.
B. C. The term of office for members is three years beginning and ending June 22.
C. D. The governor may remove board members for neglect of duty, malfeasance or misfeasance.
Sec. 4. Section 32-702, Arizona Revised Statutes, is amended to read:
32-702. Arizona state board of accountancy; members; officers; administrative duties; compensation
A. The Arizona state board of accountancy is established to administer and enforce this chapter.
B. The board consists of seven members who are residents of this state and who are appointed by the governor as follows:
1. Five Three members who currently hold valid certificates issued pursuant to this chapter. At least three of these members must be in active public practice as certified public accountants. No Not more than one of these members may be from the same firm. If a member's certificate is on probation, revoked or suspended, the member's appointment automatically terminates and the position becomes vacant.
2. Two Four public members who do not hold a certificate issued pursuant to this chapter but who have professional or practical experience in using accounting services and financial statements and who are qualified to make judgments about the qualifications and conduct of persons and firms subject to this chapter.
C. The term of office of members of the board is five years, beginning and ending on July 3, except that the governor may remove any member for neglect of duty or other just cause. The governor shall fill vacancies by appointment for the unexpired term. A person who has served a complete term is not eligible for reappointment for a period of one year.
D. The board shall annually elect a president, secretary and treasurer from among its members. The president, secretary or treasurer may sign and approve claims filed against the board of accountancy fund to pay expenses incurred under this chapter.
E. The board shall have a seal that shall be judicially noticed.
F. The board shall retain or provide for retention of the following according to its retention schedule pursuant to section 41‑151.19:
1. All documents under oath that are filed with the board.
2. Records of its proceedings.
G. Each member of the board or member of an accounting and auditing, tax, peer review, law, certification or continuing professional education committee appointed by the board pursuant to section 32‑703, subsection B, paragraph 10 is eligible for compensation of one hundred dollars $100 for each day or part of a day spent, plus reimbursement for the member's actual and necessary expenses incurred, in discharging the member's official duties.
Sec. 5. Section 32-1302, Arizona Revised Statutes, is amended to read:
32-1302. State board of funeral directors and embalmers; members; appointment; term; qualifications; oath; compensation
A. The state board of funeral directors and embalmers is established. The board consists of seven members appointed by the governor pursuant to section 38‑211. Members serve at the pleasure of the governor. Board members serve staggered terms of four years beginning and ending on January 1 unless removed by the governor. The governor shall appoint a member for the unexpired portion of a term to fill a vacancy occurring during a term of office.
B. Each member of the board shall be a resident of this state. Four Three members shall be practicing funeral directors or embalmers licensed under this chapter. Three Four members shall be public members, one of whom is an owner or manager of a business that has no pecuniary or proprietary interest in a funeral establishment or crematory or in the sale of funeral goods and services. The public members shall not be licensed under this chapter currently or have been licensed under this chapter in the five years preceding appointment.
C. Before entering office, each appointee shall take and subscribe to an oath before an officer competent to administer oaths that the appointee is qualified to hold office and will faithfully perform the duties imposed on board members by law.
D. Members of the board are eligible to receive compensation pursuant to section 38‑611 for each day of actual service in the business of the board.
Sec. 6. Section 32-4202, Arizona Revised Statutes, is amended to read:
32-4202. Board of massage therapy; members; terms; compensation; immunity
A. The board of massage therapy is established consisting of the following members appointed by the governor:
1. Three Two massage therapists who are residents of this state, who possess an unrestricted license to practice massage therapy in this state and who have been practicing in this state for at least five years immediately preceding their appointment. The governor may make these appointments from a list of names submitted by a statewide massage or bodywork therapy association, or both, or any other group or person. The initial three appointees are not required to be licensed pursuant to this chapter at the time of selection but must meet all of the qualifications for licensure as prescribed by this chapter.
2. Two Three public members who are residents of this state and who are not affiliated with and do not have any financial interest in any health care profession but who have an interest in consumer rights or have a background in compliance or law enforcement issues.
B. Board members serve staggered five‑year terms that begin and end on the third Monday in January. Board members shall not serve for more than two successive five‑year terms or for more than ten consecutive years, except that the term of office for a member of the board appointed to fill a vacancy that occurs before the expiration of a full term is for the unexpired portion of that term, and the governor may reappoint that member to not more than two additional full terms.
C. If requested by the board, the governor may remove a board member for misconduct, incompetence or neglect of duty.
D. Board members are eligible to receive compensation in the amount of one hundred dollars $100 per day for each day of actual service in the business of the board and for reimbursement of expenses pursuant to title 38, chapter 4, article 2 to cover necessary expenses for attending each board meeting or for representing the board in an official board approved activity.
E. A board member who acts within the scope of board duties, without malice and in the reasonable belief that the member's action is warranted by law is not subject to civil liability.
Sec. 7. Retention of members
Notwithstanding sections 32‑102, 32‑302, 32‑502, 32‑702, 32‑1302 and 32‑4202, Arizona Revised Statutes, as amended by this act, all persons serving as members of the state board of technical registration, the board of barbers, the board of cosmetology, the Arizona state board of accountancy, the state board of funeral directors and embalmers and the board of massage therapy on the effective date of this act may continue to serve until the expiration of their normal terms. The governor shall make all subsequent appointments as prescribed by statute.