*Red font in the legislation and regulation indicates changes from previous reporting

ARIZONA – proposed state constitutional amendment that could affect your business by limiting the regulation of professions

Issue: SCR 1037 - Right to engage in profession or occupation

Affects:  Those who service or build pools or spas

Send comments to:  Jennifer Hatfield,jhatfield@apsp.org

Bill Summary:This concurrent resolution that if passed would place a proposed amendment to the state constitution on the ballot, states that a person has a fundamental right to engage in an occupation or profession. No state law or rule shall be enacted or enforced that prohibits or regulates a person from engaging in any occupation or profession unless the state law or rule is clearly necessary to protect the public health or safety. In any action to enforce such a state law or rule, or in any challenge to such a state law or rule, the state must prove by clear and convincing evidence that the prohibition or rule is necessary to protect the public health or safety. Deference may not be given to an administrative conclusion that an occupation or profession threatens the public health or safety. This measure states that occupational licensing is a matter of statewide concern and that a county, a municipality or any other political subdivision of this state may not enact or enforce any occupational licensing ordinance, rule or regulation. However, this measure does not prohibit this state from enforcing or the legislature from enacting criminal statutes provided that this state does not impose criminal liability for the failure to satisfy occupational or professional licensing requirements alone. This could eliminate any possibility for new pool & spa licensing requirements beyond what is currently in law.

Status:Failed upon adjournment May 3 but see HB 2532 that was similar and sent to Governor.

Current Legislation: https://apps.azleg.gov/BillStatus/GetDocumentPdf/456452