REFERENCE TITLE: auxiliary containers; regulation; prohibition; repeal





State of Arizona


Fifty-fifth Legislature

Second Regular Session




SB 1281


Introduced by

Senators Stahl Hamilton: Bowie, Gabaldon, Marsh, Quezada, Steele, Terán; Representatives Andrade, Blackwater-Nygren, Cano, Dalessandro, Epstein, Hernandez M, Solorio





repealing sections 9-500.38 and 11-269.16, arizona revised statutes; amending section 44-1648, arizona revised statutes; repealing laws 2016, chapter 28, section 5; relating to local regulation.





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

Section 1. Repeal

Sections 9-500.38 and 11-269.16, Arizona Revised Statutes, are repealed.

Sec. 2. Section 44-1648, Arizona Revised Statutes, is amended to read:

START_STATUTE44-1648. Preemption; power of local authorities; city, town or county licensing system

A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern.  The power to register scrap metal dealers is preempted by this state.

B. Sections 9-500.38 and 11-269.16 do not affect a city's, town's or county's power to enforce laws relating to business licensing of scrap metal dealers. This article does not affect a city's, town's or county's power to enforce laws relating to business licensing. Sections 9-500.38 and 11-269.16 and This article do does not apply to a city's, town's or county's system for licensing a scrap metal dealer if the licensing system includes background checks or identification identifying and fingerprinting of the owners of the scrap metal dealer.

C. A scrap metal dealer's license that is current and in good standing with a city's, town's or county's licensing system before September 13, 2013 is in compliance with that licensing system and the city, town or county may not require the scrap metal dealer to reapply for licensure in order to be in compliance with the city's, town's or county's licensing system unless there is an event or circumstance that requires an amendment or filing pursuant to the city's, town's or county's licensing system's requirements. END_STATUTE

Sec. 3. Repeal

Laws 2016, chapter 28, section 5 is repealed.