ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

 

HB 2155: technical correction; obstructing governmental operations

S/E: secretary of state; certifying organizations

Sponsor: Representative Kolodin, LD 3

Committee on Appropriations

Summary of the Strike-Everything Amendment to HB 2155

Overview

Authorizes a private certifying organization (Organization) to register with the Secretary of State (SOS) and outlines regulations.

History

The SOS must perform all duties imposed by law. These duties include keeping a record of fees and compensation earned, collected or charged by the SOS, with the name of the payer and the nature of the services in each case. This must be verified annually by the SOS's affidavit. The SOS must also transfer all noncurrent or inactive books, records, deeds and other papers required to be filed with the SOS to the Arizona State Library, Archives and Public Records. The SOS can refuse a filing based on a reasonable belief that the filing is being requested for an unlawful, illegitimate, false or fraudulent purpose or is being requested or submitted in bad faith or for harassing or defrauding a person or entity (A.R.S. § 41-121).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAllows an Organization to register with the SOS. (Sec. 1)

2.   Requires an Organization to provide the SOS with specified information. (Sec. 1)

3.   Allows the SOS to impose registration fees, rules and forms to facilitate registration. (Sec. 1)

4.   Requires an Organization to:

a)   publish specified information on a website;

b)   require qualifications related to the occupation an individual is privately certified;

c) verify an individual's qualifications and periodically verify they remain eligible for private certification;

d)   require a privately certified individual to make available the private certification, materials and other factors required for private certification on request; and

e)   have at least 50 privately certified individuals in active practice in the United States after one year of applying for registration. (Sec. 1)

5.   Allows a participating Organization to require privately certified individuals to maintain a bond for liability relating to their occupational practice and pay initial and ongoing fees. (Sec. 1)

6.   States that an individual who is certified by a participating Organization may engage in the occupation in which are privately certified. (Sec. 1)

7.   Restricts Arizona or a political subdivision of Arizona from prohibiting or imposing a penalty, fine or fee on a privately certified individual for engaging in a lawful occupation. (Sec. 1)

8.   Prohibits a privately certified individual who is not licensed, registered or certified in Arizona or a political subdivision to use specified terms to describe the individual's credentials that would induce a consumer to believe the privately certified individual is regulated by Arizona or a political subdivision of Arizona. (Sec. 1)

9.   Allows a privately certified individual to use the term privately certified to describe the individual's credentials or as part of a title or designation. (Sec. 1)

10.  States that an individual who knowingly and falsely claims to be privately certified is guilty of fraud and subject to penalties. (Sec. 1)

11.  Authorizes the SOS to enforce this legislation and to terminate the Organization's registration for any reason the SOS deems necessary. (Sec. 1)

12.  States that a participating Organization is guilty of fraud and subject to fines for operating 90 days after failing to meet public health, safety and environment regulations. (Sec. 1)

13.  Specifies that Arizona or a political subdivision are not limited in their authority to enact and enforce laws relating to:

a)   a business license or permit;

b)   a facility license;

c) a building permit or land use regulation; or

d)   public health, safety and environmental regulations. (Sec. 1)

14.  States that this legislation does not:

a)   change Arizona or a political subdivision of Arizona's authority to require a person to maintain a government-issued driver license and related insurance for personal or commercial vehicle use;

b)   limit damages in a private civil action against a privately certified person or who knowingly and falsely claims to be certified;

c) require a private party or Arizona or a political subdivision of Arizona to do business with an individual who is not licensed, certified or registered with Arizona or a political subdivision of Arizona;

d)   create a cause of action against a private party of Arizona or a political subdivision of Arizona;

e)   allow for private certification of occupations regulated by the federal government or require certification by the federal government;

f) require an Organization to participate and register with Arizona or a political subdivision of Arizona;

g)   increase the authority of Arizona or a political subdivision of Arizona to regulate nonparticipating Organizations;

h)   require doctors and other medical professional to obtain operating room privileges or other credentials; and

i) reduce the authority of the Arizona Supreme Court to regulate who issue subpoenas, service discover and litigate cases before judges in Arizona. (Sec. 1)

15.  Defines terms. (Sec. 1)

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19.                    HB 2155

20.  Initials AF/MT    Page 0 Appropriations

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