ARIZONA STATE SENATE

JASON THEODOROU

LEGISLATIVE RESEARCH ANALYST

GOVERNMENT COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

GOVERNMENT COMMITTEE

DATE:            February 12, 2024

SUBJECT:      Strike everything amendment to S.B. 1120, relating to relating to occupational regulations; complaints

Purpose

Allows an agency or an occupational association that has disciplinary authority to investigate a complaint or take disciplinary or enforcement action resulting from a complaint only if the complainant has a substantial nexus with the person who is the subject of the complaint.

Background

Statute provides licensing standards for numerous professions, which may include education, training, experience, examination, age and criminal background check requirements. Statute also outlines grounds for disciplinary action or refusal to issue or renew such licenses including:
1) commission of an act involving dishonesty, fraud, deceit or negligence; 2) malpractice or incompetency; 3) false or deceptive advertising; 4) using controlled substances; 5) violating a provision of statute or rule; 6) making false statements to the licensing board; or 7) conviction of a crime (A.R.S. Title 32).

Statute also outlines certain occupational regulations including: 1) requiring an agency to limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern; 2) allowing a person to petition a state agency for a determination as to whether the person's criminal record will disqualify the person from obtaining a license, permit, certificate or other state recognition; and 3) prohibiting a state agency from determining that a person's criminal record disqualifies the person from obtaining a license, permit, certificate or other state recognition, unless the individual was convicted of prescribed crimes and the conviction has not been set aside or expunged (A.R.S. Title 41, Chapter 6, Article 11).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows an occupational association that has disciplinary authority over its members to investigate complaints and take disciplinary or enforcement action resulting from a complaint only if the complainant has a substantial nexus with the person who is subject to the complaint.

2. Allows an agency to investigate a complaint and take disciplinary or enforcement action resulting from a complaint only if the complainant has a substantial nexus with the person subject to the complaint.

3. Become effective on the general effective date.