ARIZONA
HOUSE OF REPRESENTATIVES
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HB 2532: occupational regulation; municipalities; counties; hearings |
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PRIME SPONSOR: Representative Payne, LD 21 BILL STATUS: Conference Committee |
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Relating to municipal and county
occupational fees and licensing requirements.
Provisions
1. Prohibits a city, town or county from imposing a new occupational licensing requirement on any occupation, trade or profession unless the license or fee is necessary for the public health, safety or welfare and at least one public hearing is held prior to adoption.
a. Exempts occupational licensing requirements on an individual who seeks employment or is employed at:
i. Structured sober living homes;
ii. Adult service providers;
iii. Adult oriented businesses; and
iv. Public airports. (Sec. 1, 2)
2. Requires a city, town or county to publish notice of the public hearing on the occupational licensing requirement.
a. Requires the notice to include the time and the place of the hearing and a general explanation of the matter pursuant to statutory notice requirements. (Sec. 1, 2)
3. Requires a city, town or county to establish administrative rules and procedures for the application and enforcement of occupational fees or licensing requirements. (Sec. 1, 2)
4. Stipulates that if a city, town or county imposes an occupational licensing requirement, it may:
a. Assign or delegate administrative powers to any agency;
b. Create administrative agencies; and
c. Provide for officials and monies for compensation and support of their work. (Sec. 1, 2)
5. Specifies that any new occupational licensing requirement terminates five years after it was adopted unless the requirement is continued by holding a public hearing at least three months prior to its expiration date. (Sec. 1, 2)
6.
Specifies that an
existing occupational licensing requirement terminates after three FIVE years unless a city, town or county holds a public
hearing three months prior to its expiration and it is demonstrated that the
license is necessary for the public health, safety or welfare. (Sec. 1, 2)
7. Defines occupational licensing requirement to include a:
a. Rule, regulation, practice or policy that allows an individual to use an occupational title or work in an occupation;
b. Regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation; and
c. Fee or tax imposed on an individual to use an occupational title or work in a lawful occupation. (Sec. 1, 2)
Current Law
A municipal or county license includes any municipal or county permit, certificate, approval, registration, charter or similar form of permission required by law. Licensing is defined as the municipal or county process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal or amendment of a license (A.R.S §§ 9-831 & 11-1601).
A municipality or county that issues licenses must provide the following information to an applicant at the time of application: a list of all steps required in order to obtain the license; the licensing time frames; the contact information of a person who can answer questions or provide assistance throughout the application process; the website in order to allow the regulated person to use electronic communication with the municipality or county; and notice that the applicant may receive a clarification from the municipality or the county of its interpretation or application of a statute, ordinance, regulation delegation agreement or authorized substantive policy statement (A.R.S §§ 9-836 & 11-1606).
Unless authorized by federal, state, or local law a municipality or county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the public health, safety and welfare that has not been addressed by Legislation or industry regulation. (A.R.S §§ 9-841 & 11-1611).
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Fifty-third Legislature HB 2532
Second Regular Session Version 5: Conference Committee
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