Bill Text: AZ HB2443 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed


Bill Title: Metal dealer licensure; local authority

Spectrum: Slight Partisan Bill (Republican 9-3)

Status: (Engrossed - Dead) 2016-03-28 - Senate Committee of the Whole action: Do Pass [HB2443 Detail]

Download: Arizona-2016-HB2443-Engrossed.html

 

 

 

House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HOUSE BILL 2443

 

 

 

AN ACT

 

amending section 44-1648, Arizona Revised Statutes; relating to scrap metal dealers.

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 44-1648, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1648.  Preemption; power of local authorities; city, town or county licensing system

A.  The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern.  The power to register scrap metal dealers is preempted by this state.

B.  sections 9-500.36 and 11-269.14 do not affect a city's, town's or county's power to enforce laws relating to business licensing of scrap metal dealers.  This article does not affect a city's, town's or county's power to enforce laws relating to business licensing.  sections 9-500.36 and 11-269.14 and this article does do not apply to a city's, town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification and fingerprinting of the owners of the scrap metal dealer.

C.  A scrap metal dealer's license that is current and in good standing with a city's, town's or county's licensing system before September 13, 2013 is in compliance with that licensing system and the city, town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's, town's or county's licensure licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's, town's or county's licensing system's requirements. END_STATUTE

Sec. 2.  Section 44-1648, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1648.  Preemption; power of local authorities; city, town or county licensing system

A.  The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern.  The power to register scrap metal dealers is preempted by this state.

B.  Sections 9-500.38 and 11-269.15 do not affect a city's, town's or county's power to enforce laws relating to business licensing of scrap metal dealers.  This article does not affect a city's, town's or county's power to enforce laws relating to business licensing.  sections 9‑500.38 and 11‑269.15 and this article does do not apply to a city's, town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification and fingerprinting of the owners of the scrap metal dealer.

C.  A scrap metal dealer's license that is current and in good standing with a city's, town's or county's licensing system before September 13, 2013 is in compliance with that licensing system and the city, town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's, town's or county's licensure licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's, town's or county's licensing system's requirements. END_STATUTE

Sec. 3.  Conditional enactment

A.  If House Bill 2131, fifty-second legislature, second regular session, relating to the regulation of auxiliary containers, becomes law, both of the following apply:

1.  Section 1 of this act does not become effective.

2.  Section 2 of this act becomes effective.

B.  If House Bill 2131, fifty-second legislature, second regular session, relating to the regulation of auxiliary containers, does not become law, both of the following apply:

1.  Section 1 of this act becomes effective.

2.  Section 2 of this act does not become effective.

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