A
“strike-all” amendment
has been filed that will significantly narrow the scope of the bill. The amendment takes out the language preempting local business regulations. The amendment also removes the 2-year sunset/sunrise requirements, 2/3 vote requirements, and fiscal impact analysis requirements.
What’s left?
The amendment preempts the regulation and licensing of professions and occupations to the state. The amendment defines the terms “occupation”, “profession” and “regulation” broadly. The term “occupation” includes any activity undertaken by a person to earn a livelihood. The term “regulation” includes ordinances, rules, guidelines, licenses, policies, requirements, fees, etc. The amendment also preempts specific contracting activities, including painting, flooring, tiling, etc.
The League appreciates the bill sponsor’s sincere effort to address the League’s concerns with CS/HB 3 by filing this amendment. It’s a significant improvement. However, the League still has concerns with the amendment because of the broadness of its definitions. The definitions of “occupation”, “profession” and “regulation” in the amendment could limit the ability of cities to regulate or address many activities, including:
- Pawn Shops
- Adult Entertainment
- Solicitation, canvassing, peddling
- Vehicles for hire
- Flea markets and garage sales
- After hours clubs
- Dance Halls and rave clubs
- Valet parking services
- Vendors on public property or in right-of-way
Please ask your city staff to review the amendment to CS/HB 3 and provide other examples of potential impacts on your city.
