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House Engrossed professional licensure fees; waiver; reduction |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HOUSE BILL 2267 |
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AN ACT
amending title 32, chapter 48, article 1, Arizona Revised Statutes, by adding section 32-4802; relating to professions and occupations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Heading change
The article heading of title 32, chapter 48, article 1, Arizona Revised Statutes, is changed from "PUBLIC MEETINGS" to "GENERAL PROVISIONS".
Sec. 2. Title 32, chapter 48, article 1, Arizona Revised Statutes, is amended by adding section 32-4802, to read:
32-4802. Licensure and certification fees; annual review; waivers; reductions; reporting requirements; applicability
A. On or before SEPTEMBER 1 OF EACH YEAR, each REGULATORY BOARD AND AGENCy SHALL REVIEW THE costs it INCURs, THE MONIES it has IN its FUNDS AND THE FEE REVENUES it COLLECTs TO DETERMINE WHETHER the regulatory board or agency EXPECTs ENDING BALANCES IN its LICENSING FUND TO EXCEED FIFTY PERCENT OF THE APPROPRIATIONS FROM THat FUND IN THE CURRENT FISCAL YEAR.
B. NOTWITHSTANDING ANY OTHER LAW, IF THE REGULATORY BOARD OR AGENCY DETERMINES PURSUANT TO SUBSECTION A OF THIS SECTION THAT ITS ENDING BALANCE WOULD EXCEED FIFTY PERCENT OF ITS APPROPRIATION, THE regulatory BOARD OR AGENCY SHALL PROVIDE A ONETIME WAIVER OR REDUCTION FROM LICENSURE OR CERTIFICATion RENEWAL FEES TO REDUCE THE BALANCE IN its licensing FUND TO BELOW FIFTY PERCENT OF ITS APPROPRIATION FROM THAT FUND IN THE UPCOMING FISCAL YEAR, OR WITHIN THE BOARD'S or agency's NORMAL SCHEDULE FOR RENEWING LICENSES or certificates IF LONGER THAN ONE YEAR. IN DETERMINING THE AMOUNT OF THE WAIVER OR REDUCTION, THE regulatory BOARD OR AGENCY shall ATTEMPT TO ENSURE THAT ALL EXISTING LICENSEES or certificate holders RECEIVE ONE WAIVER OR REDUCTION PURSUANT TO THIS subSECTION. FEES FOR NEW LICENSEES or certificate holders SHALL BE WAIVED OR REDUCED FOR THE subsequent FISCAL YEAR. regulatory BOARDS and AGENCIES SHALL ATTEMPT TO ENSURE THAT FEE REDUCTIONS PURSUANT TO THIS subSECTION, AS A PERCENTAGE OF THE BASE FEES, ARE THE SAME FOR BOTH INITIAL AND RENEWAL licenses and CERTIFICATES.
C. Notwithstanding any other law, as prescribed by this section, a regulatory board or agency may temporarily reduce or waive any initial or renewal licensure or certification fees.
D. Each rEGULATORY BOARD AND AGENCy that is SUBJECT TO THIS SECTION SHALL REPORT its FEE PLANS TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES ON or before SEPTEMBER 1 OF EACH YEAR. AT A MINIMUM, THESE REPORTS SHALL INCLUDE THE AMOUNT OF REVENUES AND EXPENDITURES EXPECTED IN THE CURRENT FISCAL YEAR, THE PROJECTED ENDING BALANCES FOR THE regulatory board's or agency's LICENSING FUND AND THE REASONING AND JUSTIFICATION FOR HOW THE regulatory board's or agency's WAIVER OR REDUCTION PLAN WILL ACHIEVE REQUIRED FEE REDUCTIONS PURSUANT TO THIS SECTION.
E. On or before JULY 1 OF THE FISCAL YEAR IN WHICH a FEE REDUCTION OR WAIVER pursuant to this section BECOMES EFFECTIVE, THE regulatory BOARD OR AGENCY SHALL NOTIFY ITS EXISTING LICENSEES or certificate holders OF ITS INTENTION TO PROVIDE THE REDUCTION OR WAIVER AND ITS EXPECTED AMOUNT. Additionally, THE regulatory BOARD OR AGENCY SHALL PROMINENTLY ANNOUNCE THE FEE REDUCTION OR WAIVER FOR NEW AND EXISTING LICENSEES or certificate holders ON the HOME PAGE of its website.
F. IF A REGULATORY BOARD OR AGENCY BELIEVES IT WILL REQUIRE ONETIME monies GREATER THAN FIFTY PERCENT OF ITS ANNUAL APPROPRIATION FOR ONETIME CAPITAL, INFORMATION TECHNOLOGY OR SIMILAR COSTS, the regulatory board or agency MAY INCLUDE A REPORT OF THIS EXPECTED NEED IN ITS submission of budget estimates REQUIRED by SECTION 35-113.
G. This section applies only to regulatory boards or agencies established by:
1. Chapters 1, 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 29, 30, 33, 34, 35, 39, 41 and 42 of this title.