Chapter 0209 - 522R - H Ver of SB1524

House Engrossed Senate Bill

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

CHAPTER 209

SENATE BILL 1524

AN ACT

amending Title 9, chapter 7, article 4, Arizona Revised Statutes, by adding section 9-841; amending Title 11, chapter 11, article 1, Arizona Revised Statutes, by adding section 11-1611; amending section 41‑1002, Arizona Revised Statutes; relating to regulatory actions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 9-841, to read:

START_STATUTE9-841. Limitation on regulatory actions; health, safety and welfare; goods and services; definitions

A. Unless authorized by federal, state or local law a city or town may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

B. Unless authorized by federal, state or local law, a city or town may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

C. For the purposes of this section:

1. "Qualified marketplace contractor" means any person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, that enters into an agreement with a qualified marketplace platform to use the qualified marketplace platform's digital platform to provide goods or services to third-party individuals or entities seeking those services.

2. "Qualified marketplace platform" means an organization, including a corporation, limited liability company, partnership, sole proprietor or any other entity, that operates a digital platform that facilitates the provision of goods or services by qualified marketplace contractors to third-party individuals or entities seeking those goods or services. END_STATUTE

Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1611, to read:

START_STATUTE11-1611. Limitation on regulatory actions; health, safety and welfare; goods and services; definitions

A. Unless authorized by federal, state or local law a county may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

B. Unless authorized by federal, state or local law, a county may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

C. For the purposes of this section:

Sec. 3. Section 41-1002, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1002. Applicability and relation to other law; definitions

A. This article and articles 2 through 5 of this chapter apply to all agencies and all proceedings not expressly exempted.

B. This chapter creates only procedural rights and imposes only procedural duties. They are in addition to those created and imposed by other statutes. To the extent that any other statute would diminish a right created or duty imposed by this chapter, the other statute is superseded by this chapter, unless the other statute expressly provides otherwise.

C. An agency may grant procedural rights to persons in addition to those conferred by this chapter so long as rights conferred on other persons by any provision of law are not substantially prejudiced.

D. Unless specifically authorized by statute, an agency shall avoid duplication of other laws that do not enhance regulatory clarity and shall avoid dual permitting to the extent practicable.

E. Unless authorized by federal or state law, an agency may not take any action that materially increases the regulatory burdens on a business unless there is a threat to the health, safety and welfare of the public that has not been addressed by legislation or industry regulation within the proposed regulated field.

F. Unless authorized by federal or state law, an agency may not apply a regulation to a qualified marketplace platform if the purpose of that regulation is to regulate a business that provides goods or services directly to the customer.

G. For the purposes of this section: