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ARIZONA HOUSE OF REPRESENTATIVESFifty-third Legislature - Second Regular SessionMAJORITY CAUCUS CALENDAR #23May 2, 2018BLUE SHEET #20 (concur-refuse)BLUE SHEET #21 (concur-refuse)Bill NumberShort TitleCommitteeDateActionCommittee on AppropriationsChairman:David Livingston, LD22Vice Chairman:Vince Leach, LD11Analyst:Jennifer ThomsenIntern:Adam CiampaglioSB 1476pre-arrest diversion; precomplaint education programSPONSOR:GRAY, LD21SENATE3/5/2018(22-7-1-0)(No: DALESSANDRO,PESHLAKAI,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA; NV: BURGES)APPROP3/28DPA/SE(10-1-0-2-0)(No: UGENTI-RITA; Abs: CARDENAS,CARTER)SB 1478retirement systems; member information; confidentialitySPONSOR:FANN, LD1SENATE2/15/2018(29-0-1-0)(NV: MIRANDA)APPROP3/28DPA/SE(13-0-0-0-0)SB 1505technical correction; petroleum product storage (Now: Native American code writers program)SPONSOR:SMITH, LD11SENATE3/5/2018(29-0-1-0)(NV: BURGES)APPROP3/21DP(12-0-0-1-0)(Abs: UGENTI-RITA)Committee on EducationChairman:Paul Boyer, LD20Vice Chairman:Douglas Coleman, LD16Analyst:Aaron WondersIntern:Ileen YounanSB 1444schools; American civics educationSPONSOR:YEE, LD20SENATE3/5/2018(29-0-1-0)(NV: BURGES)ED3/12DP(9-0-0-1-0)(Abs: STRINGER)APPROP3/21DP(12-0-0-1-0)(Abs: BOWERS)Committee on GovernmentChairman:Douglas Coleman, LD16Vice Chairman:Bob Thorpe, LD6Analyst:Michael HansIntern:Stiv FicoHCR 2047Lindsey Perry; auditor general.SPONSOR:KERN, LD20HOUSEGOV4/25DP(6-0-0-2-0)(Abs: UGENTI-RITA,CLODFELTER)Committee on Land, Agriculture and Rural AffairsChairman:Brenda Barton, LD6Vice Chairman:Darin Mitchell, LD13Analyst:Sharon CarpenterIntern:Adrienne AustillSB 1098industrial hemp; licensingSPONSOR:BORRELLI, LD5SENATE2/15/2018(29-0-1-0)(NV: MIRANDA)LARA3/8DP(7-0-0-2-0)(Abs: BENALLY,GRANTHAM)Committee on Military, Veterans and Regulatory AffairsChairman:Jay Lawrence, LD23Vice Chairman:Mark Finchem, LD11Analyst:Brittany GreenIntern:Amanda HigbySB 1420medical marijuana; inspection; testing; appropriationSPONSOR:BORRELLI, LD5SENATE2/22/2018(27-3-0-0)(No: CONTRERAS,MENDEZ,QUEZADA)MVRA3/12DP(7-1-0-1-0)(No: ANDRADE; Abs: DESCHEENIE)APPROP3/21DPA(13-0-0-0-0)Committee on Transportation and InfrastructureChairman:Noel W. Campbell, LD1Vice Chairman:Drew John, LD14Analyst:Liam MaherIntern:Samuel RosenbergSB 1181technical correction; county library district (Now: corporation commission; railway safety inspectors)SPONSOR:GRIFFIN, LD14SENATE2/27/2018(30-0-0-0)TI3/7DP(7-0-0-1-0)(Abs: SALDATE)APPROP3/21DPA/SE(12-0-0-1-0)(Abs: UGENTI-RITA)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1476: S/E: appropriation; county sheriff; reentry planningPRIME SPONSOR: Senator Gray, LD 21BILL STATUS: HYPERLINK "" \o "Bill Status Inquiry"Caucus & COWAPPROP: DP 10-1-0-2069215Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to an appropriation for county reentry planning services.ProvisionsAppropriates $500,000 in FY 2019, FY 2020 and FY 2021 from the GF to the county sheriff of counties with a population less than 300,000 persons and a population greater than 250,000 persons (Yavapai County) to administer reentry planning services for persons under custody of the sheriff. (Sec. 1)Exempts monies from lapsing. (Sec. 1)Additional InformationIn FY 2016 Yavapai County received a $250,00 federal grant from the Bureau of Justice Assistance for the Yavapai County Post Arrest Diversion Program.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1478: S/E: employer contributions; EORPPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: Caucus & COWAPPROP: DPA/SE 13-0-0-0317569850Legend:ASRS – Arizona State Retirement SystemEODCRS – Elected Officials’ Defined Contribution Retirement System EORP – Elected Officials' Retirement PlanFY – Fiscal YearAmendments – BOLD and Stricken (Committee)00Legend:ASRS – Arizona State Retirement SystemEODCRS – Elected Officials’ Defined Contribution Retirement System EORP – Elected Officials' Retirement PlanFY – Fiscal YearAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to EORP employer contributions.ProvisionsRemoves the employer contribution rate of 23.5%. (Sec. 1)Requires the employer contribution rate, beginning July 1, 2018, to be an actuarial determined amount sufficient to meet both the normal cost plus the unfunded accrued liability amortized over a closed period of at least 20 years, but not more than 30 years. (Sec. 1)Asserts an employer's contribution to EORP in combination with member contributions may not be less than the actuarially determined normal cost for that FY. (Sec. 1)Removes language regarding employer contribution rates beginning FY45. (Sec. 1)Contains an emergency clause. (Sec. 2)Current LawEstablished in 1985, EORP is a cost sharing multiple-employer public retirement plan established by Title 38, Chapter 5, Article 3 to provide benefits for elected officials and judges of certain state, county and local governments. The PSPRS Board of Trustees administers EORP.Each member is required to contribute 13% of compensation to EORP. Beginning January 1, 2014 and continuing for 30 years, employer contributions equal 23.5% of aggregate payroll. Aggregate payroll is on behalf of active members in EORP and active members in EODCRS, and active members in ASRS who opt-out of EODCRS because they had money on account with ASRS.The employer contributions are used to pay for: 1) EORP Defined Benefits = Employer Normal Cost plus an amount to amortize the unfunded accrued liability; 2) EODCRS Defined Contribution = 6% of pay for those electing EODCRS; and 3) ASRS Defined Benefits = Employer’s contribution amount. Additionally, from FY14 through FY43, the sum of $5,000,000 is appropriated in each fiscal year from the state general fund to EORP to supplement the normal cost plus an amount to amortize the unfunded accrued liability (A.R.S. § 38-810). In 2013, the Legislature closed EORP to new members and created EODCRS. EODCRS members contribute 8% of compensation to an annuity account annually (A.R.S. § 38-833). Additional InformationAccording to PSPRS's Actuarial Valuation (June 2017), EORP is currently 30.7% funded.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1505: Native American code writers programPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus & COWAPPROP: DP 12-0-0-122860-12700Legend:ADE – Arizona Department of EducationADOA – Arizona Department of AdministrationAIAC – American Indian Advisory Council Fund – State Web Portal FundSFA – Science Foundation ArizonaSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationADOA – Arizona Department of AdministrationAIAC – American Indian Advisory Council Fund – State Web Portal FundSFA – Science Foundation ArizonaSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to an appropriation to the Code Writers Initiative Pilot Program.ProvisionsAppropriates $500,000 in FY 2019 from the Fund to ADE to administer a competitive grant program for participants in the Code Writers Initiative Pilot Program. (Sec. 1)Instructs the AIAC to make recommendations to ADE concerning the distribution of grants. (Sec. 1)Instructs ADE to award grants to programs with other funding sources. (Sec. 1)Requires that grant recipients must:Generate curriculum for high school students.Deliver technology-focused education to Native American students.Work with industry partners to generate opportunities for program graduates.Instruct teachers and administrators in technology focused curriculum.Create assessment metrics to evaluate the program.Install distance learning equipment at key delivery points to maximize students impacted.Evaluate the impact of the program on standardized test scores and graduation rates.Submit an annual report to AIAC and ADE concerning adherence to grant requirements. (Sec. 1)Requires ADE to annually deliver a summary of grant reports to the President of the Senate, Speaker of the House, JLBC and SOS. (Sec. 1)Exempts appropriation from lapsing. (Sec. 1)Includes a sunset date for the program of July 1, 2021. (Sec. 1)Current LawIn FY 2017 $500,000 was appropriated from the Fund to ADE to administer the same grant program (Laws 2016, Ch. 124, Sec. 40). Additional InformationPer the 2017 Annual Summary of the program, ADE awarded $500,000 to SFA. SFA awarded $95,000 to three schools participating in their Native American Code Writers Program. SFA also oversaw the creation and implementation of computer science curriculum for the program.Under ADOA, the Fund consists of monies from grants, web portal usage fees and appropriations from the Legislature. Monies from the Fund are used to maintain and upgrade the state's web portals and applications. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1444: schools; American civics educationPRIME SPONSOR: Senator Yee, LD 20BILL STATUS: Caucus & COWED: DP 9-0-0-1APPROP: DP 12-0-0-1317569215Legend:ADE – Arizona Department of EducationGF – State General FundRFP – Request for ProposalSBE – State Board of EducationSY – School YearAmendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationGF – State General FundRFP – Request for ProposalSBE – State Board of EducationSY – School YearAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to Social Studies academic standards.ProvisionsRequires SBE's academic standards in Social Studies to include American Civics Education. (Sec. 1)Instructs ADE to develop a five-year pilot program for American Civics Education for high school students, starting in SY 2020, and to select participating schools, subject to approval by SBE. (Sec. 3)Requires ADE to develop application procedures and selection criteria for voluntary program participants. (Sec. 3)Requires the number of program participants to proportionally reflect the number of public schools in Arizona. (Sec. 3)Instructs ADE to prioritize applicants that currently provide fewer instructional hours on American Civics Education when selecting participants. (Sec. 3)Directs program participants to determine curricula that includes at least one American Civics course lasting at least one semester, and administer the assessment of American Civics Education. The course may be provided through a digital software program. (Sec. 3)Requires ADE to:Submit a RFP to assessment providers for an assessment that is more rigorous than the current civics test, subject to the SBE approval;Establish the application format, application procedures and selection criteria for assessment providers;Award a contract to one assessment provider to deliver the assessment, subject to SBE approval; andDetermine the assessment's cut score for proficiency, subject to the SBE approval. (Sec. 3)Exempts participants from administering the current civics test. (Sec. 3)Permits ADE to terminate a school's participation upon determining it is not adequately educating students. (Sec. 3)Directs the ADE to submit a progress report on the program's development and administration to the Governor, President of Senate, Speaker of House of Representatives and Secretary of State by September 31, 2019. (Sec. 3)Directs the ADE to submit an annual report detailing results on the assessment to the Governor, President of Senate, Speaker of House of Representatives, SBE and Secretary of State beginning September 1, 2020. (Sec. 3)Establishes the American Civics Education Fund, administered by ADE, and appropriates $500,000 from the GF in FY 2020 to the Fund. (Sec. 3 & 4)Specifies the Fund is subject to legislative appropriation and is exempt from lapsing. (Sec. 3)Permits ADE to use up to $50,000 from the Fund for administration and distributes the remainder to the assessment provider and participants for costs incurred. (Sec. 4)Repeals the pilot program on January 1, 2025. (Sec. 3)Makes conforming and technical changes. (Sec. 1 & 2)Current LawTo graduate from high school a student must successfully complete 22 credits, three of which are required to be in Social Studies. The required credits include one credit in American and Arizona history, one credit in world history and geography, half a credit in American and Arizona government and half a credit in economics (A.A.C. R7-2-302). The academic standards for Social Studies prescribed by the SBE include personal finance (A.R.S. § 15-701.01).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHCR2047: Lindsey Perry; auditor general.PRIME SPONSOR: Representative Kern (with permission of committee on Rules), LD 20BILL STATUS: Caucus & COWGOV: DP 6-0-0-2317569215Legend:JLAC – Joint Legislative Audit CommitteeAmendments – BOLD and Stricken (Committee)00Legend:JLAC – Joint Legislative Audit CommitteeAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the appointment of the Auditor General.ProvisionsApproves the appointment of Lindsey Perry as the Auditor General. (Sec. 1)Current LawJLAC is required to appoint an Auditor General, subject to approval by a concurrent resolution of the Legislature (A.R.S § 41- 1279). The Auditor General is required to be a certified public accountant that is licensed to practice in the state and is subject to the standards and ethics of the accounting profession regulated by the Arizona State Board of Accountancy. The term of office for the Auditor General is five years, beginning on the date of appointment (A.R.S. § 41-1279.01). Additional InformationJLAC met on April 18, 2018 and appointed Lindsey Perry as the Auditor General, subject to approval by the Legislature. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1098: industrial hemp; licensingPRIME SPONSOR: Senator Borrelli, LD 5BILL STATUS: Caucus & COWLARA: DP 7-0-0-2278130-445770Legend:AZDA – Arizona Department of Agriculture ADPS – Arizona Department of Public Safety ALJ – Administrative Law JudgeDEA – US Drug Enforcement Agency FDA – US Food and Drug Administration Program – Agricultural Pilot ProgramTHC – tetrahydrocannabinol Trust Fund – Industrial Hemp Trust Fund Amendments – BOLD and Stricken (Committee)00Legend:AZDA – Arizona Department of Agriculture ADPS – Arizona Department of Public Safety ALJ – Administrative Law JudgeDEA – US Drug Enforcement Agency FDA – US Food and Drug Administration Program – Agricultural Pilot ProgramTHC – tetrahydrocannabinol Trust Fund – Industrial Hemp Trust Fund Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to regulation of industrial hemp.ProvisionsIndustrial Hemp LegalizationDeclares industrial hemp is an agricultural product subject to regulation by the AZDA. (Sec. 1)Authorizes industrial hemp propagation, processing, manufacturing, distribution and market research under a preapproved Program.Allows the commercial production, processing, manufacturing, distribution and commerce of industrial hemp outside the Program if authorized under federal law. (Sec. 1)Requires the AZDA to certify hemp seed derived from previously authorized hemp seed. (Sec. 1)Prohibits the planting of unauthorized hemp seed. (Sec. 1)Requires the AZDA Director to:adopt rules to oversee the licensing, production and management of industrial hemp and hemp seed, including rules to address, correct and remediate violations;adopt fees by rule; and authorize qualified applicants to propagate, harvest, transport or process, or any combination thereof, industrial hemp according to adopted rules. (Sec. 1)Declares that the Legislature intends the fees adopted be used to fund AZDA's activities in licensing, testing, inspecting and supervising industrial hemp production. (Sec. 1)LicensureRequires a grower, harvester, transporter or processor to obtain a license from the AZDA. (Sec. 1)Specifies an application for an original and renewal industrial hemp license must:be on a form provided by AZDA;include complete and accurate information; and be accompanied by the licensing fee. Requires the AZDA Director to deposit these fees into the Trust Fund. (Sec. 1)Requires an applicant to provide proof of having a valid Fingerprint Clearance Card to validate eligibility. Directs ADPS to conduct fingerprint background checks on license applicants. (Sec. 1, 5)Allows a member of an Indian Tribe to apply for a license, subject to the prescribed requirements. (Sec. 1)Provides that the license is valid for one year, unless revoked, and may be renewed. (Sec. 1)Permits a licensee to pay twice the amount prescribed for biennial renewal but maintains annual reporting requirements. (Sec. 1)Permits AZDA to revoke or refuse to issue or renew a license for a violation of any state or federal law, rule or order. (Sec. 1)Recordkeeping, Inspection, Transportation and DistributionInstructs a licensed grower, harvester, transporter or processor to keep and maintain records as required by rule or order. (Sec. 1)Allows the AZDA Director or their designee to do the following to ensure compliance:inspect or audit records during normal business hours; andphysically inspect an industrial hemp site and take a representative sample for analysis by the State agricultural laboratory or a state-certified laboratory. (Sec. 1)Specifies only a licensee, the AZDA Director or the AZDA Director's designee may transport industrial hemp off the industrial hemp site. (Sec. 1)Directs the licensee to carry the licensing documents as evidence that the industrial hemp was grown by a licensed grower when transporting industrial hemp. Excludes the transportation of hemp products. (Sec. 1)Requires a licensed grower to notify the AZDA Director of:the sale or distribution of any industrial hemp grown under their license;the name and address of the person or entity receiving the industrial hemp; andamount sold or distributed. (Sec. 1)Corrective Actions, Violations and Civil PenaltiesPermits the AZDA take corrective action if a crop contains an average delta-9 THC concentrate exceeding 0.3% on a dry weight basis or violates any other pesticide law. (Sec. 1)Grants the AZDA Director the ability to:issue and enforce a written cease and desist order;issue a stop sale; size and destroy any crop, harvested crop or hemp seed not in compliance;take any other action to enforce compliance. (Sec. 1)Requires the order to prohibit the further sale, processing or transportation of the industrial hemp except on approval of the AZDA Director. (Sec. 1)Allows a person in violation to request a hearing before an ALJ. Specifies the ALJ decision is subject to review by the AZDA Director. (Sec. 1)Asserts that a request for a hearing before an ALJ does not stay a cease and desist order. (Sec. 1)Permits the AZDA Director to impose a civil penalty of not more than $5,000 for each violation of:a licensing requirement;a license term or condition; ora rule or order. (Sec. 1)Prescribes a class 1 misdemeanor (6 months jail/up to $2,500 fines plus surcharges) to any person who intentionally violates any statute, rule or order. (Sec. 1)Prohibits a person who does not hold a license or who is not a designee or agent of a licensee from propagating, harvesting, transporting or processing industrial hemp and prescribes the penalties associated with the possession, use, production, sale or transport of marijuana. (Sec. 1)Provides an affirmative defense to any prosecution for the possession or cultivation of marijuana to a licensee or their designee or agent who is in compliance. (Sec. 1)Exempts:a licensee who possesses, uses, sells, produces, manufactures or transports industrial hemp from the statutes criminalizing the possession, use, production, sale or transport of marijuana; anda person who engages in the commercial production, processing, manufacturing, distribution or commerce of industrial hemp outside of the Program is authorized by federal law. (Sec. 2)Trust FundEstablishes the Trust Fund for the exclusive purpose of implementing, continuing and supporting industrial hemp licensing.Specifies the Trust Fund consists of appropriations, licensing fees and other sources. (Sec. 1)Declares the beneficiary of the Trust is the Industrial Hemp Program.Includes salaries, fees and office, administrative, bonding and travel expenses. (Sec. 1)Requires the AZDA Director to administer the Trust Fund as Trustee. (Sec. 1)Permits the AZDA Director to accept and spend federal monies and private grants, gifts, contributions and devises. (Sec. 1) Exempts Trust Fund monies remaining unexpended at the end of the FY from reversion to the GF. (Sec. 1)MiscellaneousAppropriates:$250,000 and 3 FTE positions from the GF to the AZDA Plant Services Division in FY 2020; and$500,000 from the GF to the AZDA in FY 2020. (Sec. 8)Requires the AZDA Director to establish an Industrial Hemp Advisory Council to:advise the AZDA Director regarding expenditures from the Trust Fund; andprovide additional assistance as deemed necessary. (Sec. 1)Specifies the Council consists of five members, including one public member appointed by the AZDA Director. Allows AZDA to adopt rules and provides a one-year rulemaking exemption. (Sec. 7)Defines terms. (Sec. 1)Contains a legislative findings clause and purpose statement. (Sec. 1)Becomes effective one year after the General Effective date of the Fifty-third Legislature, Second Regular Session. (Sec. 9)Makes technical and conforming changes. (Sec. 3-6).Current LawThe Agricultural Act of 2014 (2014 Farm Bill) allows universities and state departments of agriculture to begin cultivating industrial hemp for purposes of research conducted under a Program or other agricultural and academic research if allowed under state law. Grow sites must be certified and registered by the state. The USDA, in consultation with the DEA and FDA, released a Statement of Principles on Industrial Hemp to inform the public on the applicable activities associated with industrial hemp grown in accordance with the 2014 Farm Bill. Additional InformationAt least 30 states have passed legislation related to industrial hemp, and in general, have taken three approaches: 1) establishing research and/or pilot programs; 2) authorizing studies; or 3) establishing commercial programs. State statutes, except for West Virginia, define industrial hemp as a variety of cannabis with a THC concentration of not more than 0.3%. Many states specify that the THC concentration is based on a dry weight basis and can be measured from any part of the plant. Additionally, some states also require the plant to be processed by a licensed grower for it to be considered industrial hemp. Most requirements for licensing, registration and permitting include: 1) criminal background checks; 2) periodic renewals, usually one to three years; 3) registration of the grow sites; 3) record keeping and reporting of sales or distribution, including to whom it was sold or distributed; and 4) documentation from the state agency or institution of higher education proving the grower is participating in an approved program. Some states have also removed hemp from the controlled substances list and exempted industrial hemp from the statutory definition on marijuana if it is grown within specific regulations. To protect growers from criminal prosecution some states provide an affirmative defense for cannabis possession and cultivation charges for licensed individuals. Some state laws establishing commercial programs require a change in federal law or waivers from the DEA before implementation by the state (NCSL).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1420: medical marijuana; inspection; testing; appropriationPRIME SPONSOR: Senator Borrelli, LD 5BILL STATUS: Caucus & COWMVRA: DP 7-1-0-1APPROP: DPA 13-0-0-0317569215Legend:AZDA – Arizona Department of AgricultureADHS – Arizona Department of Health ServicesBOD – Board of DirectorsDispensary – Nonprofit Medical Marijuana DispensaryAmendments – BOLD and Stricken (Committee)00Legend:AZDA – Arizona Department of AgricultureADHS – Arizona Department of Health ServicesBOD – Board of DirectorsDispensary – Nonprofit Medical Marijuana DispensaryAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the testing and inspection of medical marijuana. ProvisionsEstablishes medical marijuana as an agricultural commodity that is subject to regulation beginning June 1, 2019. (Sec. 1)Allows the AZDA Director to adopt necessary rules relating to the cultivation of medical marijuana. (Sec. 1)Requires for a person that provides laboratory analysis of medical marijuana to apply for a certificate from the Arizona agricultural laboratory. (Sec. 2)Requires the AZDA Director to adopt rules for the certification of laboratories that analyze, sample and test medical marijuana.OWNERS OR EMPLOYEES OF A LABORATORY THAT TESTS MEDICAL MARIJUANA ARE PROHIBITED FROM HAVING A FAMILIAL RELATIONSHIP WITH AN OWNER OR AGENT OF A DISPENSARY. (APPROP)Laboratories must report the test results only to the Dispensary or designated caregiver that cultivates the marijuana, ADHS and the Arizona Agricultural Laboratory. (Sec. 2)Prohibits an employee of AZDA or an employee of any contracted third-party testing facility to be charged with or prosecuted for possession of any amount of medical marijuana or any sample of marijuana that is being used for testing. (Sec. 2)Extends the definition of a plant or crop to include marijuana that is cultivated for medical use by a Dispensary or a designated caregiver. (Sec. 3)Extends the definition of agricultural seed to include seeds of marijuana that is cultivated for medical use by a Dispensary or a designated caregiver. (Sec. 4)Allows the AZDA Director to enter, at reasonable times, on private property where medical marijuana is cultivated for the purpose of ascertaining compliance or noncompliance with rules or orders. The Director must notify the Dispensary or the designated caregiver when entering on the property. (Sec. 5)Removes the requirement that ADHS establishes a sliding scale of patient applications and renewal fees based on a qualifying patient's household income. (Sec. 6) (APPROP)Requires a Dispensary agent to register with ADHS before employment. (Sec. 7)Permits a registered Dispensary agent to be employed by or volunteer at any registered Dispensary that is owned by the same corporation and has the same BODs or principal officers. (Sec. 7)Requires a registered Dispensary agent to provide ADHS with the name and location of a different Dispensary within 10 days of beginning employment or volunteer work. (Sec. 7)Permits a Dispensary agent to use their same registration, for employment or volunteer work, at multiple Dispensaries owned by the same corporation with the same BODs or principal officers. (Sec. 7)Requires ADHS to do the following:Establish inspection protocols for Dispensaries that include the inspection of dispensary premises beginning June 1, 2019 for sanitary conditions, storing and processing medical marijuana and for the existence of mold in any building operated by the dispensary; and Establish remediation requirements for Dispensary premises where an inspection violation is found. (Sec. 8)Requires ALLOWS ADHS to collect RANDOM samples of each medical marijuana product being sold for testing to confirm that the product SAMPLE does not include HARMFUL LEVELS OF mold, pathogenic bacteria or other harmful adulterants. The product SAMPLE must be labeled correctly and the included disclosure document must reflect any chemical used in producing the product SAMPLE and the actual contents of the product SAMPLE. (Sec. 8) (APPROP)Allows ADHS to contract with a third-party independent laboratory to collect and test the medical marijuana product samples. If a product SAMPLE is not labeled correctly or a disclosure document is not accurate based on the results of the testing, the product SAMPLE must be DESTROYED returned to the Dispensary and be labeled correctly before being dispensed. (Sec. 8) (APPROP)Requires for all medical marijuana products to be in childproof containers and have the registered qualifying patient's name and registry identification card number indicated on the label. The product must include a written disclosure listing all chemical compounds used during the cultivation of the product as tested. (Sec. 8)Prohibits an employee of ADHS or an employee of any contracted third-party testing facility to be charged with or prosecuted for possession of any amount of medical marijuana that is used as a sample for testing. (Sec. 8)Appropriates $2,000,000 from the medical marijuana fund in FY 2019 to AZDA for regulating marijuana as an agricultural commodity. The appropriation is exempt from lapsing. (Sec. 9)Exempts AZDA from the rulemaking requirement for one year after the effective date. (Sec. 10)Establishes this act as the Medical Marijuana Reform Act. (Sec. 11)Makes technical and conforming changes. (Sec. 2-8)Current LawArizona voters passed Proposition 203 in 2010, an initiative measure to adopt and enforce a regulatory system for medical marijuana. Proposition 203 outlined requirements for medical marijuana and required ADHS to adopt rules for implementation (A.R.S. §§ 36-2801 through 36-2819). A person who establishes, conducts or maintains an agricultural laboratory that provides services to Arizona agencies or departments must apply for a certificate from the Arizona agricultural laboratory as proof that the laboratory is certified and is in compliance with rules adopted by the AZDA Director (A.R.S. § 3-145).A Dispensary agent must be registered with ADHS before volunteering or working at a medical marijuana dispensary. A Dispensary may apply to ADHS for a registry identification card for an agent by submitting: 1) the name, address and date of birth of the agent, 2) an application, 3) a statement signed by the agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana and 4) an application fee (A.R.S. § 36-2804.01). Registered Dispensaries are subject to reasonable inspection by ADHS and there must be reasonable notice of the inspection (A.R.S. § 36-2806).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB1181: S/E: corporation commission; railway safety inspectorsPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWTI: DP 7-0-0-1APPROP: DPA/SE 12-0-0-1317569215Legend:ACC – Arizona Corporation CommissionAmendments – BOLD and Stricken (Committee)00Legend:ACC – Arizona Corporation CommissionAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to appropriating monies to the ACC.ProvisionsAppropriates $196,600 and two FTEs from the GF to the ACC each FY, starting in FY 2019, for personal services and employee related expenditures for two railway safety inspectors. (Sec. 1) ................
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