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REFERENCE TITLE: private certification; occupations |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2561 |
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Introduced by Representatives Petersen, Borrelli, Kwasman, Senator Farnsworth D: Representatives Forese, Livingston, Mesnard, Mitchell, Montenegro, Olson, Pratt, Seel, Shope
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AN ACT
amending title 32, Arizona Revised Statutes, by adding chapter 45; relating to private certification.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 32, Arizona Revised Statutes, is amended by adding chapter 45, to read:
CHAPTER 45
PRIVATE CERTIFICATION
ARTICLE 1. GENERAL PROVISIONS
32-4501. Definitions
In this chapter, unless the context otherwise requires:
1. "Lawful occupation" means a course of conduct, pursuit or profession that includes the sale of goods or services that is not itself illegal irrespective of an occupational regulation.
2. "Occupational regulation" means a statute, ordinance, rule or other requirement in law that requires an individual to possess certain personal qualifications to work in a lawful occupation.
3. "Personal qualifications" means criteria related to an individual's personal background, including completion of an approved educational program, satisfactory performance on an examination, work experience, criminal history, moral standing and completion of continuing education.
4. "Private certification" means a voluntary program in which a private certifying organization grants nontransferable recognition to an individual to perform a lawful occupation within the scope of practice established by the private certifying organization based on the individual possessing certain personal qualifications that are established by the private certifying organization.
5. "Private certifying organization" means a nongovernmental organization that allows any individual to apply for private certification regardless of the individual's gender, race or ethnicity.
6. "Privately certified" means a designated title that an individual may use if the individual is certified by a private certifying organization.
32-4502. Private certifying organizations; bond
A. A private certifying organization shall:
1. Publish on a publicly accessible website all of the following:
(a) the scope of practice for each lawful occupation that the organization certifies.
(b) The personal qualifications that an individual must possess to become certified by the private certifying organization, including the nature of each personal qualification.
(c) the names and business addresses of all privately certified individuals.
2. Require personal qualifications that are related to the lawful occupation for which an individual is certified other than only registration or payment of a fee.
3. Verify an individual's personal qualifications before certification and periodically verify that the certified individual remains eligible for certification.
4. Require a privately certified individual to prominently display the private certification and to make available materials about the personal qualifications required for the private certification on request.
B. A private certifying organization may require individuals it certifies to obtain and maintain a bond for liability that is related to the practice of the individual's certified lawful occupation.
32-4503. Right to engage in occupation
A. Notwithstanding any other law, an individual who is certified by a private certifying organization may engage in the lawful occupation for which that individual is privately certified, regardless of any occupational regulation.
B. A board, an agency or a department of this state or a political subdivision of this state shall not impose a monetary assessment, penalty, fine or fee on a privately certified individual for engaging in a lawful occupation in compliance with this chapter.
32-4504. Sign; violation; classification
A. A privately certified individual who engages in a lawful occupation for which the government has enacted an occupational regulation must prominently display a sign with lettering that is at least one inch in height stating that the individual is not licensed or otherwise occupationally regulated by the government.
B. A privately certified individual who is not licensed, registered or certified by a governmental agency shall not use the term "licensed", "certified" or "registered" to describe the individual's credential.
C. A person who violates subsection B of this section is guilty of a class 1 misdemeanor and is subject to a fine of up to two thousand five hundred dollars or a penalty as otherwise prescribed by law.
32-4505. False claim; violation; classification
An individual who knowingly and falsely claims to be privately certified pursuant to this chapter is guilty of a class 6 felony and, notwithstanding sections 13‑801 and 13‑803, is subject to a fine of up to an amount equal to the last twelve months of the individual's revenue from the lawful occupation or five thousand dollars, whichever is greater.
32-4506. Enforcement
A. The attorney general shall enforce this chapter.
B. This chapter does not limit damages in a private civil action against an individual who is privately certified or who knowingly and falsely claims to be privately certified.
C. This chapter does not limit the government's authority to enact and enforce laws relating to businesses, including a business license, facility license, building permit and land use regulation, except to the extent that the laws require a privately certified individual to possess personal qualifications established by the government to perform a lawful occupation.
Sec. 2. Conforming legislation
The legislative council staff shall prepare proposed legislation conforming the Arizona Revised Statutes to the provisions of this act for consideration in the fifty‑second legislature, first regular session.