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REFERENCE TITLE: contracts; licensure requirements; waiver; applicability |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2146 |
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Introduced by Representative Rivero
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AN ACT
amending title 44, chapter 1, Arizona Revised Statutes, by adding Article 6; relating to contracts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 1, Arizona Revised Statutes, is amended by adding article 6, to read:
ARTICLE 6. WAIVER OF LICENSURE REQUIREMENTS
44-171. Waiver of licensure, certification, registration or other authorization to act; applicability
A. notwithstanding any other law, in a contract between two or more private parties, the parties may agree to waive any state, city, town or county laws relating to licensure, certification, registration or other authorization to act for the purposes of the contract if all of the following apply:
1. The subject of the contract is substantially delivered by electronic means.
2. The contract specifies the laws that are waived.
3. The subject of the contract is lawful.
4. The waiver does not materially affect a third party.
5. The waiver does not clearly harm or damage public health or safety.
6. The subject of the contract does not exceed $6,000 per year between any two parties and $250,000 in total aggregate profit in the previous calendar year for any one party related to the services provided in the contract.
B. On the agreement of all the parties to a contract described in this section, The parties may amend the contract to retroactively waive additional licensure, certification, registration or other authorization to act laws.
C. this section does not apply to:
1. Any health profession regulated by this state.
2. Restrictions in section 6‑632.
3. Any regulated practice of law.
4. Legal document preparers.
5. Fiduciaries who are licensed pursuant to title 14, chapter 5, article 7.
6. Defensive driving schools that are certified pursuant to title 28, chapter 8, article 7.
7. Certified reporters who are regulated pursuant to title 32, chapter 40.
8. Confidential intermediaries as described in section 8-134.