Legislative Alert

APLS is taking action on the following legislation that affects the land surveying profession. APLS is urging Members to take action by contacting your legislator.

 

Click here for a synopsis of 2020 bills affecting professional practice provided by Douglas Folk, Esq.


HB 2589 - Opposed

HB 2589, in its current form would defeat the purpose of the statute (ARS 11-831) and set up the possibility of allowing land splits and building permits on land that does not meet minimum applicable zoning requirements. The HB also creates a ‘buyer beware’ option which is not good public policy. Requiring a survey be conducted for the parcel to be split is necessary for staff review to determine that the size and configuration of resulting parcels meet minimum applicable zoning requirements.

APLS Members are urged to contact their legislator and voice opposition to HB 2589. Below are tools to assist in making contact.

In addition to contacting your Legislator, also contact the bill Sponsor, Gail Griffin, and the Speaker of the House, Rusty Bowers.

SB 1274 (Opposed Unless Further Amended) – As originally introduced the bill changed the composition of the Board of Technical Registration to be a majority of public members and did not guarantee a board position for each of the professions represented.  The bill has been amended to guarantee each profession will have a seat on the Board and it will now increase the number of members of the Board to create a public member majority.  APLS is seeking an additional amendment that would stipulate the public members can not represent a majority of any one profession, trade, or industry.

SB 1274 also prohibits Board members from serving past the end of their terms. Under current law, Board members serve until their replacements have been appointed. For the last several years, the Governor has not been timely in appointing replacements for the current Board members. If SB1274 were to pass, existing Board members whose terms have expired may be required to step down immediately. If the Governor did not appoint new professional members to the Board, it would cease to function as we currently understand it. With six public members, BTR would have a quorum to function without professionals represented on the board and would no longer provide the balance and technical competence that presently exists with representation by the professional members. This bill should be opposed unless further amended allows board members to continue to serve if a new board member have not be appointed.

SB1507 (Opposed) -  This bill undermines the role of administrative hearings in Arizona agency practice by stating that anyone who appeals from an agency determination—which would include denial of registration or imposition of discipline—is entitled to a new trial regardless of the findings of the administrative law judge. The findings of the administrative law judge or the agency or board who ruled against the appellant would not be given any deference in the appeal to the courts.

SB 1142 (Opposed) – This bill would change the sunrise and sunset standard for administrative agency and board review. This bill is based on the American Legislative Exchange Council’s Occupational Licensing Review Act (https://www.alec.org/model-policy/occupational-licensing-review-act-formerly-part-of-occupational-board-reform-model-act/ ) which seeks to downgrade or repeal professional licensing. This bill sets the stage for eliminating or seriously degrading professional licensing boards at their sunrise or next sunset review. It attempts to impose limitations on what legal and policy grounds justify regulation, and it would eliminate current law requiring the Committee of Reference to survey and consider information from all sides of an issue in determining whether to renew a Board’s existence.

HB 2836 (Neutral) – APLS does not object to HB 2836, however the bills language is redundant since the Arizona Administrative Code and Arizona Boundary Minimum Standards already address what is contained in the bill.