Second Regular Session H.B. 2062
COMMITTEE ON COMMERCE AND PUBLIC SAFETY
SENATE AMENDMENTS TO H.B. 2062
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Title 9, chapter 7, article 4, Arizona Revised Statutes, is amended by adding section 9-842, to read:
9-842. License criteria; constitutionally protected activity
A. IN ANY CASE IN WHICH A LICENSE IS REQUIRED BEFORE A PERSON ENGAGES IN ANY CONSTITUTIONALLY PROTECTED ACTIVITY, A MUNICIPALITY SHALL SPECIFY IN CLEAR AND UNAMBIGUOUS LANGUAGE THE CRITERIA FOR APPROVAL OF A LICENSE UNLESS THE CRITERIA IS ESTABLISHED BY FEDERAL LAW.
B. IN ANY COURT PROCEEDINGS INVOLVING A DENIAL OF A LICENSE APPLICATION FOR CONSTITUTIONALLY PROTECTED ACTIVITY, A COURT SHALL DETERMINE WHETHER THE LANGUAGE IS CLEAR AND UNAMBIGUOUS UNLESS THE CRITERIA IS ESTABLISHED BY FEDERAL LAW.
C. THE APPLICANT FOR A LICENSE INVOLVING CONSTITUTIONALLY PROTECTED ACTIVITY IS ENTITLED TO A REVIEW AND DETERMINATION OF THE APPROVAL OR DENIAL OF THE LICENSE APPLICATION PURSUANT TO THIS ARTICLE WITHIN THIRTY DAYS AFTER THE APPLICATION IS SUBMITTED TO THE MUNICIPALITY UNLESS ANOTHER PERIOD OF TIME IS SPECIFIED BY LAW.
Sec. 2. Title 11, chapter 11, article 1, Arizona Revised Statutes, is amended by adding section 11-1612, to read:
11-1612. License criteria; constitutionally protected activity
A. IN ANY CASE IN WHICH A LICENSE IS REQUIRED BEFORE A PERSON ENGAGES IN ANY CONSTITUTIONALLY PROTECTED ACTIVITY, A COUNTY SHALL SPECIFY IN CLEAR AND UNAMBIGUOUS LANGUAGE THE CRITERIA FOR APPROVAL OF A LICENSE UNLESS THE CRITERIA IS ESTABLISHED BY FEDERAL LAW.
B. IN ANY COURT PROCEEDINGS INVOLVING A DENIAL OF A LICENSE APPLICATION FOR CONSTITUTIONALLY PROTECTED ACTIVITY, A COURT SHALL DETERMINE WHETHER THE LANGUAGE IS CLEAR AND UNAMBIGUOUS UNLESS THE CRITERIA IS ESTABLISHED BY FEDERAL LAW.
C. THE APPLICANT FOR A LICENSE INVOLVING CONSTITUTIONALLY PROTECTED ACTIVITY IS ENTITLED TO A REVIEW AND DETERMINATION OF THE APPROVAL OR DENIAL OF THE LICENSE APPLICATION PURSUANT TO THIS ARTICLE WITHIN THIRTY DAYS AFTER THE APPLICATION IS SUBMITTED TO THE COUNTY UNLESS ANOTHER PERIOD OF TIME IS SPECIFIED BY LAW."
Renumber to conform
Page 2, line 31, strike "or political"
Line 32, strike "subdivision"
Line 35, strike the second comma, insert "or"
Lines 36 and 41, strike "or political subdivision"
Amend title to conform