Assigned to COMPS FOR
COMMITTEE
Assigned to COMPS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
occupational regulation; municipalities; counties; prohibition
Purpose
Prohibits local governments from imposing licensing requirements or occupational fees on window washers, florists, interior designers or photographers.
Background
A municipality may not base a licensing decision on a requirement or condition that is not specifically authorized by statute, rule, ordinance or code. A general grant of authority does not constitute a basis for imposing a licensing requirement (A.R.S. § 9-832). Unless authorized by federal, state or local law, a city or town may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed, regulated field (A.R.S. § 9-841). Municipalities are also required to avoid duplication of other laws that do not enhance regulatory clarity (A.R.S. § 9-834).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city, town or county from imposing an occupational fee or licensing requirement on the following professions:
a) window washers;
b) florists;
c) interior designers; and
d) photographers.
2. Invalidates city, town or county occupational fees or licensing requirements imposed on any of the four specified professions.
3. Preserves the ability of a city, town or county to issue business or industry licenses and adopt zoning ordinances.
4. Becomes effective on the general effective date.
House Action
LIA 2/14/18 DP 4-3-0-0
3rd Read 2/22/18 34-22-4
Prepared by Senate Research
March 8, 2018
GH/JP/lb