|
Senate Engrossed |
|
State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
|
|
SENATE BILL 1404 |
|
|
|
|
AN ACT
amending title 9, chapter 7, Arizona Revised Statutes, by adding article 5; amending title 11, chapter 11, Arizona Revised Statutes, by adding article 2; relating to occupational regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 7, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. OCCUPATIONAL REGULATION
9-851. Definitions
In this article, unless the context otherwise requires:
1. "Licensing requirement" means a rule, regulation, practice or policy that is adopted by a local licensing authority and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession.
2. "Local licensing authority" means any city or town department, board, commission or office that has the authority to impose an occupational fee or licensing requirement on any occupation, trade or profession.
3. "Occupational fee" means a fee or tax that a city or town imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession.
9-852. Occupational licensing regulations
A. Beginning on the effective date of this section, a city or town may not impose any occupational fee or licensing requirement on any occupation, trade or profession if that city or town does not already impose an occupational fee or licensing requirement on that occupation, trade or profession, except that a city or town may do either of the following:
1. Continue to regulate any occupation, trade or profession that is subject to an occupational fee or a licensing requirement for that occupation, trade or profession on the effective date of this section.
2. Impose an occupational fee or licensing requirement on a structured sober living home as defined in section 9-500.40, an adult service provider or a person seeking employment in an adult oriented business as defined in section 11-811.
B. Notwithstanding subsection A of this section, if this state, pursuant to statute or rule, imposes a new occupational fee or licensing requirement on any occupation, trade or profession that has not been previously regulated by this state but that has been regulated by the city or town, the city or town May not continue to impose any occupational fee or licensing requirement on that occupation, trade or profession on or after the effective date of the statute or rule.
9-853. Occupational fees; cap
Beginning on the effective date of this section, a city or town may not increase the amount of any occupational fee on any occupation, trade or profession that is currently subject to the occupational fee.
Sec. 2. Title 11, chapter 11, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. OCCUPATIONAL REGULATION
11-1621. Definitions
In this article, unless the context otherwise requires:
1. "County licensing authority" means any county department, board, commission or office that has the authority to impose an occupational fee or licensing requirement on any occupation, trade or profession.
2. "Licensing requirement" means a rule, regulation, practice or policy that is adopted by a county licensing authority and that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation, trade or profession.
3. "Occupational fee" means a fee or tax that a county imposes on an individual to use an occupational title or work in a lawful occupation, trade or profession.
11-1622. Occupational licensing regulation
A. Beginning on the effective date of this section, a county may not impose any occupational fee or licensing requirement on any occupation, trade or profession if that county does not already impose an occupational fee or licensing requirement on that occupation, trade or profession, except that a county may do either of the following:
1. Continue to regulate any occupation, trade or profession that is subject to an occupational fee or a licensing requirement for that occupation, trade or profession on the effective date of this section.
2. Impose an occupational fee or licensing requirement on a structured sober living home as defined in section 11-269.18, an adult service provider or a person seeking employment in an adult oriented business as defined in section 11-811.
B. Notwithstanding subsection A of this section, if this state, pursuant to statute or rule, imposes a new occupational fee or licensing requirement on any occupation, trade or profession that has not been previously regulated by this state but that has been regulated by the county, the county may not continue to impose any occupational fee or licensing requirement on that occupation, trade or profession on or after the effective date of the statute or rule.
11-1623. Occupational fees; cap
Beginning on the effective date of this section, a county may not increase the amount of any occupational fee on any occupation, trade or profession that is currently subject to the occupational fee.