Bill Text: AZ HB2517 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Businesses; professions; regulation restrictions
Spectrum: Partisan Bill (Republican 32-0)
Status: (Engrossed - Dead) 2016-04-28 - Senate Committee of the Whole action: Do Pass Amended [HB2517 Detail]
Download: Arizona-2016-HB2517-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2517 |
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AN ACT
amending title 9, chapter 7, Arizona Revised Statutes, by adding article 5; amending title 41, chapter 6, Arizona Revised Statutes, by adding article 11; relating to occupational regulation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 7, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. OCCUPATIONAL REGULATION
9‑851. Definitions
In this article, unless the context otherwise requires:
1. "Occupational regulation":
(a) means any law, regulation, policy, fee, condition, test, permit, license or other rule that authorizes a person to engage in an occupation, trade or profession.
(b) does not include Any federal law or license or regulation required by federal law.
2. "Welfare" means the protection of members of the public against fraud, harm or criminal violations punishable under title 13. Welfare does not include the protection of existing businesses, whether publicly or privately owned, against competition.
9‑852. Occupational regulations; limitation
Notwithstanding any other law, a city or town shall limit all occupational regulations to regulations that are demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives.
9‑853. Comprehensive review; occupational regulations; action
A. Within one year after the effective date of this section, each city or town shall conduct a comprehensive review of all occupational regulations within the city's or town's jurisdiction that shall determine:
1. With specificity the public health, safety or welfare objectives served by the regulation.
2. The reason that the regulation is necessary and carefully tailored to serve the specified objectives.
B. If the city or town finds that any occupational regulation conflicts with section 9‑852, the city or town shall:
1. Repeal the occupational regulation or modify the occupational regulation to comply with section 9‑852 if administrative action is required.
2. Recommend legislative action to repeal or amend the occupational regulation to comply with section 9‑852 if legislative action is required.
9‑854. Administrative proceedings
A. Any person may petition a city or town to repeal or modify any occupational regulation within the city's or town's jurisdiction.
B. Within ninety days after a petition has been filed pursuant to subsection A of this section, the city or town shall repeal the occupational regulation, modify the occupational regulation to comply with section 9‑852, recommend legislative action to repeal or amend the occupational regulation to comply with section 9‑852 if legislative action is required or state the basis on which the city or town concludes that the occupational regulation complies with section 9‑852.
9‑855. Enforcement; fees and costs
A. after the ninety‑day period, if the city or town has not acted on a petition filed pursuant to section 9‑854, or any time after the city or town has acted on a petition filed pursuant to section 9‑854, the person that filed the petition may file an action in a court of general jurisdiction.
B. In order for a plaintiff to prevail in an occupational regulation challenge, the court must find by a preponderance of evidence that the challenged occupational regulation on its face or in its effect burdens the entry into or participation in a profession, trade or occupation and that either:
1. The challenged occupational regulation is not demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives.
2. If the challenged occupational regulation is demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives, these objectives can be effectively served by regulations that are less burdensome to economic opportunity.
C. On a finding for the plaintiff, the court shall enjoin further enforcement of the challenged occupational regulation and shall award reasonable attorney fees and costs to the plaintiff.
Sec. 2. Title 41, chapter 6, Arizona Revised Statutes, is amended by adding article 11, to read:
ARTICLE 11. OCCUPATIONAL REGULATION
41-1093. Definitions
In this article, unless the context otherwise requires:
1. "Occupational regulation":
(a) means any law, regulation, policy, fee, condition, test, permit, license or other rule that authorizes a person to engage in an occupation, trade or profession.
(b) does not include:
(i) any law relating to the registration of securities dealers, securities salesmen, investment advisers or investment adviser representatives.
(ii) Any law, license or regulation relating to an institution or person that is subject to title 36, chapter 4, article 10 or Title 36, chapter 20.
(iii) Any federal law or license or regulation required by federal law.
2. "Welfare" means the protection of members of the public against fraud, harm or criminal violations punishable under title 13. Welfare does not include the protection of existing businesses or agencies, whether publicly or privately owned, against competition.
41-1093.01. Occupational regulations; limitation
Notwithstanding any other law, An agency shall limit all occupational regulations to regulations that are demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives.
41-1093.02. Comprehensive review; occupational regulations; action
A. Within one year after the effective date of this section, each AGENCY shall conduct a comprehensive review of all occupational regulations within the agency's jurisdiction that shall determine:
1. With specificity the public health, safety or welfare objectives served by the regulation.
2. The reason that the regulation is necessary and carefully tailored to serve the specified objectives.
B. If the agency finds that any occupational regulation conflicts with section 41‑1093.01, the agency shall:
1. Repeal the occupational regulation or modify the occupational regulation to comply with section 41‑1093.01 if administrative action is required.
2. Recommend legislative action to repeal or amend the occupational regulation to comply with section 41‑1093.01 if legislative action is required.
41-1093.03. Administrative proceedings
A. Any person may petition an agency to repeal or modify any occupational regulation within the agency's jurisdiction.
B. Within ninety days after a petition has been filed pursuant to subsection A of this section, the agency shall repeal the occupational regulation, modify the occupational regulation to comply with section 41‑1093.01, recommend legislative action to repeal or amend the occupational regulation to comply with section 41‑1093.01 if legislative action is required or state the basis on which the agency concludes that the occupational regulation complies with section 41‑1093.01.
41-1093.04. Enforcement; fees and costs
A. after the ninety‑day period, if the agency has not acted on a petition filed pursuant to section 41‑1093.03, or any time after the agency has acted on a petition filed pursuant to section 41‑1093.03, the person that filed the petition may file an action in a court of general jurisdiction.
B. In order for a plaintiff to prevail in an occupational regulation challenge, the court must find by a preponderance of evidence that the challenged occupational regulation on its face or in its effect burdens the entry into or participation in a profession, trade or occupation and that either:
1. The challenged occupational regulation is not demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives.
2. If the challenged occupational regulation is demonstrably necessary and carefully tailored to fulfill legitimate public health, safety or welfare objectives, these objectives can be effectively served by regulations that are less burdensome to economic opportunity.
C. On a finding for the plaintiff, the court shall enjoin further enforcement of the challenged occupational regulation and shall award reasonable attorney fees and costs to the plaintiff.
Sec. 3. Legislative findings; intent
A. The legislature finds and declares that:
1. The right of individuals to pursue a chosen business or profession, free from arbitrary or excessive government interference, is a fundamental civil right.
2. The freedom to earn an honest living traditionally has provided the surest means for economic mobility.
3. In recent years, many regulations of entry into businesses and professions have exceeded legitimate public purposes and have had the effect of arbitrarily limiting entry and reducing competition.
4. The burden of excessive regulation is borne most heavily by individuals outside the economic mainstream, for whom opportunities for economic advancement are curtailed.
B. Because it is in the public interest, by this act the legislature intends to:
1. Ensure the right of all individuals to pursue legitimate entrepreneurial and professional opportunities to the limits of their talent and ambition.
2. Provide the means for the vindication of this right.
3. Ensure that regulations of entry into businesses and professions are demonstrably necessary and carefully tailored to fulfill legitimate health, safety and welfare objectives.
Sec. 4. Short title
This act may be cited as the "Right to Earn a Living Act".
