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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
occupational regulations; licenses; communications; notice
Purpose
Requires state agencies to provide a specified notice on communications relating to occupational regulations and online.
Background
Laws 2017, chapter 138 established the Right to Earn a Living Act (Act), which requires state agencies to limit all occupational regulations to those that are necessary to fulfill a specific public health, safety or welfare concern (A.R.S. § 41-1093.01). The Act allows an individual to file an action in a court of general jurisdiction to challenge an occupational regulation (A.R.S. § 41-1093.03).
An occupational regulation is a rule, regulation, practice or policy that allows an individual to use an occupational title or work in a lawful occupation, trade or profession or a regulatory requirement that prevents an individual from using an occupational title or working in a lawful occupation. Occupational regulations do not include: 1) a business or facility license or permit; 2) zoning or land use regulations; 3) abortion regulations; 4) regulations required by federal law; 5) regulations authorized by statute and approved by the Governor's Regulatory Review Council; 6) emergency medical and transportation service regulations; and 7) securities regulations (A.R.S. § 41-1093).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires state agencies to post a notice in specified locations that reads:
Notice:
Pursuant to section 41-1093.01, Arizona Revised Statutes, an agency shall limit all occupational regulations to regulations that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern. Pursuant to sections 41-1039.02 and 41‑1093.03, Arizona Revised Statutes, you have the right to petition this agency to repeal or modify the occupational regulation or bring an action in a court of general jurisdiction to challenge the occupational regulation and to ensure compliance with section 41-1093.01, Arizona Revised Statues.
2. Requires an agency to post the occupational regulation notice in the following locations:
a) a prominent location on the agency's website;
b) license applications;
c) communications denying a license;
d) cease and desist orders; and
e) any other communications asserting that a person is required to obtain a license.
2. Becomes effective on the general effective date.
House Action
RA 1/28/19 DPA 4-3-0-0
3rd Read 2/11/19 33-27-0
Prepared by Senate Research
March 5, 2019
MG/AA/gs