Second Regular Session H.B. 2532
PROPOSED
SENATE AMENDMENTS TO H.B. 2532
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 9-842, to read:
9-842. Regulation of occupation, trade or profession; notice; hearing; exemptions; enforcement; definitions
A. A city or town may impose an occupational fee or licensing requirement on any occupation, trade or profession if the city or town demonstrates through clear evidence that the new occupational fee or licensing requirement is necessary to protect the health, safety or welfare of the public.
B. Beginning on the effective date of this section, a city or town may not impose an occupational fee or licensing requirement on any occupation, trade or profession on which the city or town has not previously imposed a fee, requirement or other regulation unless the city or town adopts the occupational fee or licensing requirement pursuant to the procedures prescribed in subsection C of this section.
C. Before adopting an occupational fee or licensing requirement on any occupation, trade or profession, a city or town shall hold at least one public hearing on the proposed occupational fee or licensing requirement. The city or town shall publish notice of the time and place of the public hearing on the occupational fee or licensing requirement, including a general explanation of the matter to be considered, pursuant to section 9‑812.
D. If the city or town adopts an occupational fee or licensing requirement pursuant to this section, the city or town shall determine and establish administrative rules and procedures for the application and enforcement of the occupational fee or licensing requirement. The city or town may:
1. Assign or delegate administrative powers and duties to any agency, as necessary.
2. Create administrative agencies.
3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work.
E. A city or town that does not adopt an occupational fee or licensing requirement is not prohibited from adopting an occupational fee or licensing requirement in the future if the city or town follows the procedures in subsection C of this section when reconsidering the requirement.
F. An occupational fee or licensing requirement adopted pursuant to this section shall terminate three years after its adoption unless the city or town continues the occupational fee or licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational fee or licensing requirement expires.
G. An occupational fee or licensing requirement that is in effect on the effective date of this section shall terminate three years after the effective date of this section unless the city or town continues the occupational fee or licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational fee or licensing requirement expires and demonstrates through clear evidence that the new occupational fee or licensing requirement is necessary to protect the health, safety or welfare of the public.
H. This section may be enforced in a private civil action and relief may be awarded against a city or town. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a city or town for a violation of this section. The city or town has the burden of proof that an occupational fee or licensing requirement on any occupation, trade or profession is necessary to protect the health, safety or welfare of the public.
I. Notwithstanding subsections A through H 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 a 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.
J. This section does not apply to an occupational fee or licensing requirement on:
1. A structured sober living home as defined in section 9-500.40.
2. An adult service provider.
3. A person seeking employment in an adult oriented business as defined in section 11-811.
K. For the purposes of this section:
1. "Licensing requirement" means a rule, regulation, practice or policy that is adopted by a city or town 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. "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.
Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1612, to read:
11-1612. Regulation of occupation, trade or profession; notice; hearing; exemptions; enforcement; definitions
A. A county may impose an occupational fee or licensing requirement on any occupation, trade or profession if the county demonstrates through clear evidence that the new occupational fee or licensing requirement is necessary to protect the health, safety or welfare of the public.
B. Beginning on the effective date of this section, a county may not impose an occupational fee or licensing requirement on any occupation, trade or profession on which the county has not previously imposed a fee, requirement or other regulation unless the county adopts the occupational fee or licensing requirement pursuant to the procedures prescribed in subsection C of this section.
C. Before adopting an occupational fee or licensing requirement on any occupation, trade or profession, a county shall hold at least one public hearing on the proposed occupational fee or licensing requirement. The county shall publish notice of the time and place of the public hearing on the occupational fee or licensing requirement, including a general explanation of the matter to be considered, as provided by section 39-204. In cases of occupational fees or licensing requirements enacted on behalf of a private person, the private person shall pay the expense of publication and may designate the newspaper.
D. If the county adopts an occupational fee or licensing requirement pursuant to this section, the county shall determine and establish administrative rules and procedures for the application and enforcement of the occupational fee or licensing requirement. The county may:
1. Assign or delegate administrative powers and duties to any agency, as necessary.
2. Create administrative agencies.
3. Provide for officials and for monies for the compensation of officers, employees and agencies and for the support of their work.
E. A county that does not adopt an occupational fee or licensing requirement is not prohibited from adopting an occupational fee or licensing requirement in the future if the county follows the procedures in subsection C of this section when reconsidering the requirement.
F. An occupational fee or licensing requirement adopted pursuant to this section shall terminate three years after its adoption unless the county continues the occupational fee or licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational fee or licensing requirement expires.
G. An occupational fee or licensing requirement that is in effect on the effective date of this section shall terminate three years after the effective date of this section unless the county continues the occupational fee or licensing requirement after following the procedures prescribed in subsection C of this section at least three months before the occupational fee or licensing requirement expires and demonstrates through clear evidence that the new occupational fee or licensing requirement is necessary to protect the health, safety or welfare of the public.
H. This section may be enforced in a private civil action and relief may be awarded against a county. The court may award reasonable attorney fees, damages and all fees associated with the license application to a party that prevails in an action against a county for a violation of this section. The county has the burden of proof that an occupational fee or licensing requirement on any occupation, trade or profession is necessary to protect the health, safety or welfare of the public.
I. Notwithstanding subsections A through H 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 a 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.
J. This section does not apply to an occupational fee or licensing requirement on:
1. A structured sober living home as defined in section 11-269.18.
2. An adult service provider.
3. A person seeking employment in an adult oriented business as defined in section 11-811 is exempt from the requirements of this section.
K. For the purposes of this section:
1. "Licensing requirement" means a rule, regulation, practice or policy that is adopted by a county 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. "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."
Amend title to conform