The Arizona Board of Technical Registration Sunset Debacle

On June 14, 2024, one day before the Arizona legislature was scheduled to adjourn, Arizona House Bill 2091 passed, and the Arizona Board of Technical Registration (AZBTR or the Board) was continued for another six years and is now scheduled to terminate on July 1, 2030. However, the Board is now only allowed to investigate and take disciplinary or enforcement action resulting from a complaint if the complainant either: 1) has or had a contractual relations with the person who is the subject of the complaint at the time of the complaint, or 2) was harmed by the alleged misconduct or witnessed the outcome of the misconduct during the course of that person’s contractual duties with complainants.

How did the AZBTR get into this situation? What is the significance? Does this truly protect the public from incompetent or negligent practice? What can we learn from Arizona’s experience, and how can we avoid it?

The Arizona State Board of Registration was established in 1921, and in 1936, it became the Board of Technical Registration. The AZBTR, which is made up of 11 members (five professionals and six public members, all appointed by the Governor), regulates the professions of architecture, engineering, land surveying, landscape architecture, geology, home inspection, and the alarm industry.

The last Sunset Review of the AZBTR took place in 2016, and the board was continued until July 1, 2024. In 2023, the AZBTR prepared its response to the most recent Sunset Audit—a 49-page document that is available online. House Bill 2253 was introduced in January 2024 that would have simply continued the AZBTR for eight years until July 1, 2032. The bill passed easily through the House Commerce Committee and was passed by the House with a vote of 46-10.

In February, the bill continued on to the Senate and was sent to the Senate Government Committee of Reference, which refused to agendize it. On March 21, 2024, the Senate Government Committee proposed a “striker bill,” HB 2632, that would have continued the board for only two years and would have stripped it of its ability to discipline many of its registrants. On May 14, 2024, an amendment to HB 2632 was introduced that would have continued the board for eight years without the proposed changes, but it failed. The Arizona Legislature was scheduled to adjourn on June 15, 2024, and it was too late to introduce new legislation. At that point, the Arizona BTR was scheduled to end on July 1, 2024. Republican members of the Government Senate Committee said the Board was too heavy-handed and believed that online reviews such as Yelp or Google would be adequate enough for consumers to decide if a professional was trustworthy.

On June 14, one day before the Arizona legislature adjourned, a floor amendment to HB 2091 was passed to continue the AZBTR for six years not eight, with the restrictions mentioned at the beginning of this article. The bill was transmitted to the House and then to the Governor, who signed it on June 18, 2024.

The balance between Democrats and Republicans in the Arizona legislature is on a razor’s edge with Republicans holding a majority in both chambers while the Arizona Governor is a Democrat. The Freedom Caucus is the leading group in Republican politics in Arizona. The Senate has not been confirming many of the Governor’s appointments, creating a tense, acrimonious, and litigious atmosphere. Further complicating matters, the husband of one of the members of the Senate Government Committee is a home inspector who ran afoul of the AZBTR and received a letter of reprimand in January 2024. Also, the chair of the Senate Government Committee is under indictment for his participation in Arizona’s “fake electors” scheme.

Ending the board would have thrown the design and construction industry, if not the Arizona economy, into complete disarray. According to AZBTR staff, if the board were to have dissolved, all licenses would have become null and void, expired or not. It would not have been possible for Arizona engineers to transmit their Arizona records to other states and to get licensed in other states by reciprocity. There would have been no enforcement for unlicensed practice, and there would have been no investigation or disciplinary or enforcement actions taken against negligent or incompetent practice.

Most practicing professionals were not aware that this drama was playing out in Arizona at the time. The refusal to agendize the continuation bill came with little notice or fanfare. The proposal to make it more difficult for the Board to investigate, discipline, or take enforcement actions was not subject to any hearings or public review. This flurry of activity and legislation all came at the last minute. By the time SEI/ASCE, NCSEA, and CASE/ACEC were put on notice and began to respond, the die was cast, and the resulting legislation had already been approved.

nforcement is now limited because of who is allowed to make a complaint. The AZBTR is still trying to interpret the meaning of the new language in the law.

Our legislative committees need to be active and nimble in states as well as at a national level. We need members to be familiar with and known by their local representatives. We need to let our representatives know how important it is to ensure we have qualified and ethical licensees; when they are not, they need to be reprimanded and disciplined. We need experienced and responsible members to take the time and effort to serve on their licensing boards. Ideally, and as difficult as it may be for us to imagine, we need to elect engineers to serve in our legislatures. ■

About the Author

Carl Josephson, PE, SE is a Senior Principal with Josephson-Werdowatz & Associates in San Diego and is the Chair of the Structural Engineering Licensure Coalition. www.selicensure.org