SB 1120
Initials DC Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: GOV DPA/SE 4-2-2-0 | 3rd Read 16-12-2-0
House: RA DP 4-2-0-1
SB 1120: consumer fraud; unlawful practices
NOW: occupational regulations; complaints
Sponsor: Senator Wadsack, LD 17
Caucus & COW
Overview
Permits an agency or occupational association with disciplinary authority over its members
to investigate a complaint or take enforcement action only if the complainant has a
substantial nexus to the person who is the subject of the complaint.
History
Statute limits occupational regulations to those necessary to fulfill a public health, safety or
welfare concern. If an individual is harmed by an occupational regulation, the person may
petition the agency to repeal or modify the regulation. Within 90 days after the petition filing,
the agency must: 1) repeal or modify the regulation; 2) suggest legislative action to bring the
regulation into compliance with current law; or 3) state the basis for why the regulation
complies with statute (A.R.S. §§ 41-1093.01, 41-1093.02).
Further, current law permits an individual to file an action in a court of general jurisdiction
to challenge an occupational regulation and the court must find by a preponderance of the
evidence that the challenged occupational regulation "burdens the entry into or participation
in an occupation, trade or profession and that this state has failed to prove by a preponderance
of the evidence that the challenged occupational regulation is demonstrated to be necessary to
specifically fulfill a public health, safety or welfare concern." Statute directs the court to
enjoin further enforcement of the occupational regulation and award the plaintiff with
reasonable attorney's fees and costs. (A.R.S. § 41-1093.03).
Black's Law Dictionary defines nexus as a point of casual intersection, link, relation or
connection.
Provisions
1. States that regardless of any other law, an agency or occupational association with
disciplinary authority over its members may only investigate a complaint and take
disciplinary or enforcement action if the complainant has a substantial nexus with the
individual who is the subject of the complaint. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note