ARIZONA HOUSE OF REPRESENTATIVES - Arizona Legislature



ARIZONA HOUSE OF REPRESENTATIVESFifty-third Legislature - First Regular SessionMAJORITY CAUCUS CALENDAR #15March 28, 2017BLUE SHEET #6 (concur/refuse)BLUE SHEET #7 (concur/refuse)Bill NumberShort TitleCommitteeDateActionCommittee on Banking and InsuranceChairman:David Livingston, LD22Vice Chairman:Eddie Farnsworth, LD12Analyst:Paul BennyIntern:Sheridan SmedeSB 1063technical correction; payment method (Now: PSPRS; risk pool)SPONSOR:LESKO, LD21SENATE3/1/2017(27-3-0-0)(No: PETERSEN,MONTENEGRO,FARNSWORTH D)BI3/20DPA(6-0-0-2-0)(Abs: WENINGER,SALMAN)SB 1115PSPRS; retirement benefit calculationSPONSOR:LESKO, LD21SENATE3/6/2017(30-0-0-0)BI3/20DP(5-0-0-3-0)(Abs: LOVAS,WENINGER,SALMAN)SB 1441insurers; health providers; claims mediation (Now: insurers; health providers; claims arbitration)SPONSOR:LESKO, LD21SENATE3/1/2017(25-5-0-0)(No: ALLEN S,MONTENEGRO,BARTO,MENDEZ,BROPHY MCGEE)BI3/20DPA(5-2-0-1-0)(No: FARNSWORTH E,BUTLER; Abs: SALMAN)Committee on CommerceChairman:Jeff Weninger, LD17Vice Chairman:Jill Norgaard, LD18Analyst:Diana ClayIntern:James Garret MooneySB 1116contractor licensure; requirements; confidential informationSPONSOR:SMITH, LD11SENATE2/2/2017(30-0-0-0)COM3/21DPA(9-0-0-0-0)SB 1214local governments; smallcell equipment permitting (Now: small cell equipment; local governments) (COM S/E: microcell equipment; local governments)SPONSOR:FANN, LD1SENATE2/21/2017(30-0-0-0)COM3/14DPA/SE(9-0-0-0-0)Committee on EducationChairman:Paul Boyer, LD20Vice Chairman:Douglas Coleman, LD16Analyst:Aaron WondersIntern:Andrew BadertscherSB 1178ASRS; nonparticipating employers; liability (ED S/E: schools; annual inflation spending; reporting)SPONSOR:LESKO, LD21SENATE3/8/2017(27-3-0-0)(No: PETERSEN,MONTENEGRO,BURGES)ED3/20DPA/SE(6-4-0-1-0)(No: ALSTON,BOLDING,SALDATE,UDALL; Abs: NORGAARD)SB 1204high school textbooks; review periodSPONSOR:GRIFFIN, LD14SENATE2/13/2017(21-9-0-0)(No: DALESSANDRO,OTONDO,FARLEY,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)ED3/20DP(8-3-0-0-0)(No: ALSTON,BOLDING,SALDATE)SB 1209technical correction; health services; fees (Now: universities; students; financial incentives) (ED S/E: teacher; principal; evaluation instrument)SPONSOR:SMITH, LD11SENATE2/22/2017(22-8-0-0)(No: BORRELLI,PETERSEN,MONTENEGRO,GRIFFIN,BARTO,FARNSWORTH D,LESKO,BURGES)ED3/20DPA/SE(9-1-1-0-0)(No: ALSTON; Present: BOLDING)SB 1405schools; elections; ballot arguments; exclusionSPONSOR:LESKO, LD21SENATE2/23/2017(29-1-0-0)(No: QUEZADA)ED3/20DP(9-2-0-0-0)(No: BOWERS,STRINGER)Committee on Energy, Environment and Natural ResourcesChairman:Russell "Rusty" Bowers, LD25Vice Chairman:Brenda Barton, LD6Analyst:Sharon CarpenterIntern:Benjamin KapplerSB 1256Arizona power authority; reportSPONSOR:GRIFFIN, LD14SENATE2/20/2017(29-0-1-0)(NV: MONTENEGRO)EENR3/21DP(7-2-0-0-0)(No: GONZALES,DESCHEENIE)SB 1285technical correction; game; fish; facilities (Now: G&F; in-lieu fee; trust fund)SPONSOR:PRATT, LD8SENATE3/1/2017(30-0-0-0)EENR3/14DPA(8-1-0-0-0)(No: GONZALES)SCM 1004urging Congress; technical correction (Now: repeal; clean power plan; replace) (EENR S/E: urging Congress; hunting; angling; support)SPONSOR:GRIFFIN, LD14SENATE2/27/2017(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)EENR3/21DPA/SE(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)SCM 1010urging BLM; travel management plansSPONSOR:GRIFFIN, LD14SENATE2/23/2017(30-0-0-0)EENR3/21DP(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)SCR 1010nuclear energy; supportSPONSOR:GRIFFIN, LD14SENATE2/27/2017(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)EENR3/21DP(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)SCR 1019BLM planning 2.0 rule; oppositionSPONSOR:GRIFFIN, LD14SENATE2/23/2017(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)EENR3/21DP(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)Committee on Federalism, Property Rights and Public PolicyChairman:Bob Thorpe, LD6Vice Chairman:Mark Finchem, LD11Analyst:Brittany GreenIntern:Maddison PowersSB 1122personal property transfer; limitations prohibitedSPONSOR:GRIFFIN, LD14SENATE3/1/2017(16-14-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,BROPHY MCGEE,QUEZADA,MEZA)FPRPP3/21DP(5-4-0-0-0)(No: CAMPBELL,HERNANDEZ,BLANC,NAVARRETE)SB 1247conservation easement; in lieu paymentsSPONSOR:GRIFFIN, LD14SENATE2/23/2017(18-12-0-0)(No: CAJERO BEDFORD,OTONDO,PESHLAKAI,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,BROPHY MCGEE,QUEZADA,MEZA)FPRPP3/21DP(6-3-0-0-0)(No: HERNANDEZ,BLANC,NAVARRETE)Committee on GovernmentChairman:Douglas Coleman, LD16Vice Chairman:Bob Thorpe, LD6Analyst:Mike HansIntern:Kassandra HendricksenSB 1448state treasurer; public monies; proceduresSPONSOR:YEE, LD20SENATE2/20/2017(29-0-1-0)(NV: MONTENEGRO)GOV3/9DP(8-0-0-0-0)SCR 1027state senators; four-year termsSPONSOR:YARBROUGH, LD17SENATE2/27/2017(19-11-0-0)(No: DALESSANDRO,PESHLAKAI,FARLEY,PETERSEN,MONTENEGRO,BOWIE,CONTRERAS,HOBBS,MENDEZ,QUEZADA,MEZA)GOV3/9DP(5-3-0-0-0)(No: CLARK,SALMAN,MARTINEZ)Committee on HealthChairman:Heather Carter, LD15Vice Chairman:Regina E. Cobb, LD5Analyst:Rick HazeltonIntern:Emma HurleySB 1336nurse anesthetists; prescribing authority; limitationSPONSOR:BARTO, LD15SENATE2/22/2017(25-5-0-0)(No: BOWIE,CONTRERAS,YEE,BROPHY MCGEE,MEZA)HEALTH3/16DPA(8-0-0-1-0)(Abs: RIVERO)SB 1451orthotics; prosthetics; standardsSPONSOR:BROPHY MCGEE, LD28SENATE2/21/2017(25-5-0-0)(No: ALLEN S,PETERSEN,MONTENEGRO,FARNSWORTH D,BURGES)HEALTH3/9DP(9-0-0-0-0)Committee on Judiciary and Public SafetyChairman:Eddie Farnsworth, LD12Vice Chairman:Anthony T. Kern, LD20Analyst:Katy ProctorIntern:Sue LuntSB 1025public entities; absolute immunity; defensesSPONSOR:BURGES, LD22SENATE2/21/2017(17-13-0-0)(No: CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,YARBROUGH,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)JPS3/22DPA(6-3-0-0-0)(No: GONZALES,HERNANDEZ,ENGEL)SB 1072administrative decisions; scope of reviewSPONSOR:PETERSEN, LD12SENATE2/28/2017(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)JPS3/15DPA(6-2-0-1-0)(No: GONZALES,ENGEL; Abs: HERNANDEZ)SB 1180bingo establishments; ADA complianceSPONSOR:BORRELLI, LD5SENATE2/23/2017(27-3-0-0)(No: PETERSEN,MONTENEGRO,FARNSWORTH D)JPS3/22DP(8-1-0-0-0)(No: GONZALES)SB 1253peace officers; investigative interviews; recordings (JPS S/E: law enforcement officers; administrative investigations)SPONSOR:BORRELLI, LD5SENATE2/22/2017(19-11-0-0)(No: DALESSANDRO,OTONDO,PESHLAKAI,FARLEY,BRADLEY,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)JPS3/8DPA/SE(6-3-0-0-0)(No: GONZALES,HERNANDEZ,ENGEL)SCM 1002division; ninth circuit; urging CongressSPONSOR:GRIFFIN, LD14SENATE2/2/2017(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)JPS3/22DP(6-3-0-0-0)(No: GONZALES,HERNANDEZ,ENGEL)Committee on Land, Agriculture and Rural AffairsChairman:Brenda Barton, LD6Vice Chairman:Darin Mitchell, LD13Analyst:Sharon CarpenterIntern:Benjamin KapplerSB 1121certified qualified applicators; fingerprinting requirementSPONSOR:GRIFFIN, LD14SENATE2/9/2017(27-2-1-0)(No: PETERSEN,FARNSWORTH D; NV: PESHLAKAI)LARA3/9DPA(7-0-0-1-0)(Abs: BENALLY)SB 1412surface water; adjudication sequenceSPONSOR:GRIFFIN, LD14SENATE2/22/2017(19-11-0-0)(No: DALESSANDRO,CAJERO BEDFORD,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,QUEZADA,MEZA)LARA3/16DPA(5-3-0-0-0)(No: GABALD?N,RUBALCAVA,BENALLY)SCM 1009urging delisting of gray wolfSPONSOR:GRIFFIN, LD14SENATE2/23/2017(18-12-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,QUEZADA,MEZA)LARA3/16DP(6-2-0-0-0)(No: GABALD?N,BENALLY)Committee on Local and International AffairsChairman:Tony Rivero, LD21Vice Chairman:Todd A. Clodfelter, LD10Analyst:Mike HansIntern:Kassandra HendricksenSB 1056municipal codes; publication; onlineSPONSOR:GRIFFIN, LD14SENATE1/26/2017(30-0-0-0)LIA3/22DP(6-0-0-1-0)(Abs: CH?VEZ)SB 1316jail districts; maintenance of effortSPONSOR:ALLEN S, LD6SENATE2/21/2017(29-1-0-0)(No: LESKO)LIA3/15DPA(7-0-0-0-0)SB 1430nonresident tax credit; taxable year (Now: municipalities; wastewater fees; vacant land)SPONSOR:FARNSWORTH D, LD16SENATE2/27/2017(29-1-0-0)(No: BORRELLI)LIA3/15DP(5-2-0-0-0)(No: GABALD?N,BLANC)Committee on Military, Veterans and Regulatory AffairsChairman:Jay Lawrence, LD23Vice Chairman:Mark Finchem, LD11Analyst:Brittany GreenIntern:Maddison PowersSB 1071provisional licenses; criminal convictionsSPONSOR:BURGES, LD22SENATE3/1/2017(30-0-0-0)MVRA3/20DPA(9-0-0-0-0)Committee on Transportation and InfrastructureChairman:Noel W. Campbell, LD1Vice Chairman:Drew John, LD14Analyst:Liam MaherIntern:Jack HortonSB 1216towing firms; assets; definitionSPONSOR:FANN, LD1SENATE2/20/2017(29-0-1-0)(NV: MONTENEGRO)TI3/15DPA(8-0-0-0-0)SB 1379misused transportation excise tax; repaymentSPONSOR:LESKO, LD21SENATE2/21/2017(30-0-0-0)TI3/8DP(8-0-0-0-0)Committee on Ways and MeansChairman:Michelle B. Ugenti-Rita, LD23Vice Chairman:Vince Leach, LD11Analyst:Michael MaddenIntern:Edith LefevreSB 1480revisions; community facilities districtsSPONSOR:SMITH, LD11SENATE3/6/2017(21-9-0-0)(No: DALESSANDRO,OTONDO,PESHLAKAI,PETERSEN,GRIFFIN,FARNSWORTH D,BURGES,MENDEZ,QUEZADA)WM3/22DPA(5-4-0-0-0)(No: BOLDING,CARDENAS,UGENTI-RITA,EPSTEIN)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1063: PSPRS; risk poolPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: HYPERLINK "" \o "Bill Status Inquiry" Caucus and COW BI: DPA 6-0-0-232594551526540Legend:RPA – Retiree Pool AccountAPV – Actuarial Present ValuePSPRS – Public Safety Personnel Retirement SystemRisk Pool – Public Safety Employer Risk PoolAmendments – BOLD and Stricken (Committee)00Legend:RPA – Retiree Pool AccountAPV – Actuarial Present ValuePSPRS – Public Safety Personnel Retirement SystemRisk Pool – Public Safety Employer Risk PoolAmendments – BOLD and Stricken (Committee)AbstractRelating to PSPRS. ProvisionsPublic Safety Employer Risk PoolEstablishes the Risk Pool for members hired on or after July 1, 2017, and consists of any employer of an eligible group that has 250 or less active members hired before July 1, 2017. Prohibits an employer who has more than 250 members hired before July 1, 2017 in any eligible group from participating in the Risk Pool. (Sec. 1)Requires the state, any political subdivision, Indian tribe, or public organization that is a new employer with 250 or less employees in an eligible group to participate in the Risk Pool. (Sec. 1) Allows Indian tribes electing to participate in PSPRS to opt out of the Risk Pool before January 1, 2018 and requires the Indian tribe to notify the administrator of the system in writing of the decision. Indian tribes that are new employers to PSPRS have 90 days after the date of participation to elect to opt-out and notify the administrator. (Sec. 1) Outlines the process for handling an increased or decreased unfunded liability arising from a deviation in reported active member payroll of greater than 20% of the average of all participating employers in a 24-month period. (Sec. 1)ContributionsPrescribes contributions for employers and members in the Risk Pool as follows:Requires employers to pay 50% of the normal cost plus the actuarially determined amount required to amortize the total unfunded accrued liability within the Risk Pool.Stipulates a new amortization base must be created for each year that new unfunded liabilities are attributable to the Risk Pool. Requires the remaining 50% to be equally divided by the total number of members in the Risk Pool. (Sec. 2) Retiree Pool AccountEstablishes the RPA for the purpose of sharing the actuarial liability attributable to uncontrollable costs for specified employers. (Sec. 3)Requires the following amounts to be transferred from the employer's account to the RPA:For members eligible for normal retirement benefits, an amount equal to the APV of future benefit payments as of the member's retirement date.For members eligible for accidental, ordinary or catastrophic disability pension, who have not reached normal retirement, an amount equal to the APV of future benefit payments already accrued, as of the date of the disability retirement. The amount for members who have reached the normal retirement date is calculated in the same manner as a normal retirement. For survivors of deceased members determined eligible for a death benefit who have not reached normal retirement, an amount equal to the APV of future survivor benefit payments already accrued as of the survivor's retirement date. The amount for members who have reached the retirement date is equal to the APV of future survivor benefit payments, plus any amount payable, as of the survivor's retirement date. (Sec. 3)Requires the RPA to remain 100% funded and any amount necessary to adjust the account to 100% funded be transferred from or to the investment earnings before distribution to each employer's account. (Sec. 3)MiscellaneousRequires any future benefit increase adopted by any participating employer to be fully paid in the year of enactment and prohibits any amortization. (Sec. 4)Makes technical and conforming changes. (Sec. 1(BI), 2, 4)Adds an emergency clause. (Sec. 5 BI)Current LawPSPRS is a multiple-employer public employee retirement plan where employers pool assets for investment purposes, but retain their own individual obligations established by Title 38, Chapter 5, Article 4 to provide benefits for public safety employees of certain state and local governments. Police officers who are certified peace officers and fire fighters are eligible to participate in PSPRS if the employee’s customary employment is for at least 40 hours per week for more than six months in a calendar year and are regularly assigned to hazardous duties. Retroactive to January 1, 2009, police and fire chiefs are eligible to participate in PSPRS. The nine-member PSPRS Board of Trustees and local boards jointly administer PSPRS. Laws 2016, Chapter 2 required on the PSPRS Board to study a) the extent and the basis of liability risk pooling to be established for Tier 3, and b) the extent, if any, to which the local boards (Local Boards) of the System should be consolidated and report its recommendations to the Legislature on or before February 15, 2017.PSPRS's Report on Risk Pooling & Local Board Consolidation, as prepared by the Cortex Applied Research Inc., analyzed three basic options for pooling liability risk:Status Quo, no liability risks are pooled, except for death in the line of duty.100% Risk Pooling, pension liabilities of all Employers in the System are calculated together as a single liability pool, and each Employer is responsible for paying an identical contribution rate based on its expected payroll.Hybrid Option, some liability risks would be pooled and some would be borne by individual Local Employers and all employees.The report recommends that PSPRS implement a Hybrid approach for Tier 3 by pooling additional non-controllable risks and making local employers that make human resource decisions that generate added costs for the pool responsible for 50% of such added costs, with the remaining 50% being borne by employees.07967980? 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 Notecenter-40259000ARIZONA HOUSE OF REPRESENTATIVESSB 1115: PSPRS; retirement benefit calculationPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: Caucus and COWBI: DP 5-0-0-332594551526540Legend:PSPRS – Public Safety Personnel Retirement System Amendments – BOLD and Stricken (Committee)00Legend:PSPRS – Public Safety Personnel Retirement System Amendments – BOLD and Stricken (Committee)AbstractRelating to PSPRS retirement benefits. ProvisionsEstablishes a multiplier for Tier 2 members who have 15 years of credited service, but less than 25 years of service, and are at least 52.5 years of age. In determining the pension amount, the member's average monthly benefit compensation is multiplied by the years of credited service, multiplied by:1.5% for 15 years up to 17 years of credited service.1.75% for 17 years up to 19 years of credited service.2% for 19 years up to 22 years of credited service.2.25% for 22 years up to 25 years of credited service. Makes conforming changes. (Sec. 1, 2)Current Lawcenter7982585? 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 NoteA.R.S. § 38-845 outlines the monthly amount of retirement benefits for Tier 1 and Tier 2 members. The amount is based on a percentage of their average monthly benefit compensation, which is 50% for Tier 1 members and 62.5% for Tier 2 members. If a Tier 1 or Tier 2 member retires with other than 20 or 25 years of credited service respectively, the monthly amount is adjusted as follows:Reduced by 4% for each year of credited service under 20 or 25 years. Increased monthly by 2% (Tier 1) or 2.5% (Tier 2) of the member's average monthly benefit compensation multiplied by the number of years of credited service in excess of 20 or 25 years. The percentage increases to 2.5% for Tier 1 members retiring with 25 or more years of credited service. The maximum amount payable as a normal pension is 80% of the average monthly benefit compensation. Additional InformationTier 1 members are those who became members of PSPRS prior to January 1, 2012. Tier 1 members must have 20 years of service, or have 15 years of service and be at least age 62, to be eligible for a normal pension benefit. Tier 2 members are those who became members of PSPRS between January 1, 2012 and July 1, 2017. Tier 2 members must have 25 years of service and be at least age 52.5 to be eligible for a normal pension benefit. (PSPRS Member Handbook)center-50165000ARIZONA HOUSE OF REPRESENTATIVESSB 1441: insurers; health providers; claims arbitrationPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: Caucus and COWBI: DPA 5-2-0-1right1524000Legend:Department – Department of InsuranceAmendments – BOLD and Stricken (Committee)00Legend:Department – Department of InsuranceAmendments – BOLD and Stricken (Committee)AbstractRelating to out-of-network claim disputes.ProvisionsSpecifies out-of-network claim disputes do not apply to the following:Non-covered health care services,Limited benefit coverage, orCharges for health care services or durable medical equipment subject to a direct payment agreement. (Sec. 2)Outlines the requirements for a bill to qualify as a surprise out-of-network bill. (Sec. 2)Adds any services related to the emergency provided during the inpatient admission to any health care facility as a surprise out-of-network bill qualifier. (BI)Allows an enrollee who has received and disputes the amount of a surprise out-of-network bill to request arbitration of the bill provided:The amount of the bill is at least $1,000, andThe bill is a surprise out-of-network bill. (Sec. 2)Stipulates an enrollee must participate in an informal settlement teleconference if arbitration is requested.Allows the enrollee to participate in the arbitration. (Sec. 2)Requires the health care provider and the health insurer to participate in the informal settlement teleconference and the arbitration.A party is required to pay the costs for arbitration for failure to participate in the teleconference. (Sec. 2)Prohibits an enrollee from requesting arbitration if the enrollee signed a disclosure waiving rights to arbitration. (Sec. 2)Directs the Department to develop arbitration procedures and to contract with entities to provide qualified arbitrators. (Sec. 2)A person must have at least three years' experience in health care services claims adjudication to qualify as an arbitrator. (Sec. 5)Requires the Department to notify the health insurer and the health care provider upon receiving a request for arbitration by an enrollee. (Sec. 2)Requires the Department to arrange an informal settlement teleconference within 30 days after receiving a request for arbitration. The parties must notify the Department if a dispute is not settled. (Sec. 2)Requires the insurer to provide the enrollee's cost sharing requirements to the parties as part of the teleconference. (BI)Stipulates the Department to appoint an arbitrator for arbitration if the dispute is not settled during the teleconference.If either party objects to the appointed arbitrator, the Department must assign five arbitrators to which each party removes two arbitrators leaving the final arbitrator to conduct the arbitration. (Sec. 2)Requires the enrollee, prior to arbitration, to agree in writing to pay the health care provider:The total amount of the enrollee's cost sharing requirements that is due for the services that are subject of the surprise out-of-network bill, The lesser of $1,000 or the remaining amount of the enrollee's cost sharing requirements, and (BI)Any amount received from the enrollee's health insurer as payment for the out-of-network services provided. (Sec. 2)Requires the insurer, prior to arbitration, to remit any payments for out-of-network services to the provider. (BI)Specifies where and how the arbitration may be conducted. (Sec. 2)Asserts the arbitrator determines the amount the health care provider is entitled to receive and allows each party to provide specified information in evaluating the surprise out-of-network bill. (Sec. 2)Specifies the arbitrations to be conducted within 120 days after the Department's notice of arbitration and not last more than four hours, unless otherwise agreed to by both parties. (Sec. 2)Requires the arbitrator to issue a decision within 10 business days after the hearing and provide a copy to the enrollee, health insurer and health care provider. (Sec. 2)Allows any party to the arbitration to appeal the arbitrator's decision by filing a demand for trial de novo with the appropriate superior court. (Sec. 2) (BI)Asserts all pricing information provided in arbitration is confidential and may not be disclosed. (Sec. 2)States claims that are subject to arbitration are not subject to statutory requirements relating to timely payment of health care providers' claims and requires a health insurer to remit payment within 30 days of resolution of the claim. (Sec. 2)Prohibits the health care provider from issuing any additional balance bill to the enrollee that was subject to the teleconference or arbitration. (Sec. 2)Specifies the health care provider and health insurer to share the costs of the arbitration equally, with exception. (Sec. 2)Clarifies amounts for which the enrollee is responsible. (BI) Makes a technical change. (Sec. 1)Defines pertinent terms. (Sec. 2)Contains a delayed effective date of January 1, 2019. (Sec. 3)Clarifies the cost sharing requirements are based on the adjudicated claim. (BI)Adds clarifying changes. (BI)Current LawCurrent statute states that a health care services organization must pay for covered health care services as outlined in the contract with a hospital or provider, and stipulates that if the organization doesn't pay for covered health care services, the enrollee is not liable for any amounts owed.Providers or hospitals are prohibited from charging an enrollee more than the amount originally contracted with the health care services organization.Statute also stipulates that a health care service not covered by the organization and not paid for by the organization on behalf of an enrollee does not impair the right of a provider or hospital to charge, collect from, attempt to collect from or maintain an action at law against an enrollee. This includes out of area claims that are not covered or paid for by a health care services organization (A.R.S. § 20-1072).Additional InformationBalance billing (also known as surprise billing) is defined by the NAIC under the Health Benefit Plan Network Access and Adequacy Model Act as the practice of a provider billing for the difference between the provider's charge and the health carrier's allowed amount.07999730? 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 Notecenter-38354000ARIZONA HOUSE OF REPRESENTATIVESSB 1116: contractor licensure; requirements; confidential informationPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus and COWCOM: DPA 9-0-0-0right1526540Legend:Registrar – Registrar of Contractors ROC – Registrar of Contractor's OfficeAmendments – BOLD and Stricken (Committee)00Legend:Registrar – Registrar of Contractors ROC – Registrar of Contractor's OfficeAmendments – BOLD and Stricken (Committee)AbstractRelating to construction contractors.ProvisionsRemoves the statutory requirement for certain applicants for licensure to submit detailed financial information to the ROC. (Sec. 1)Requires the ROC to keep licensee and applicant identifying information confidential as follows: Residential Address and telephone number, unless the Registrar determines that disclosure serves the interest of justice and is in the public's best interest. Email address, except to a court or governmental agency for official use. Social Security number, except to a court or governmental agency for official use. (Sec. 2)REQUIRES THE ROC TO DISCLOSE THE RESIDENTIAL ADDRESS/TELEPHONE NUMBER WHEN THEY ARE THE SAME AS THE BUSINESS INFORMATION.Stipulates the email and residential address/telephone number of inactive licensees remain confidential unless the Registrar determines that disclosure serves the interests of justice and the public's best interest. (Sec. 2)Repeals the section of law requiring general remodeling and repair contractors to obtain workers' compensation as a condition for licensure; and, requiring swimming pool and spa contracts to contain progress payments. (Sec. 3)RETAINS THE LAW REQUIRING PROGRESS PAYMENTS BY THE HOME OWNER TO THE SWIMMING POOL AND SPA CONTRACTORS AND FURTHER AMENDS THE SECTION OF LAW: SPECIFIES A DOWN PAYMENT UP TO 15% OF THE ORIGINAL CONTRACT AMOUNT.REQUIRES MAXIMUM INCREMENTAL PAYMENTS OF 25% OF THE ORIGINAL CONTRACT AMOUNT PLUS ANY WRITTEN CHANGE ORDERS APPROVED BY THE PURCHASER. Current LawAny applicant seeking a contractor's license must submit the person's current financial condition information to the Registrar. This includes a swimming pool contractor, but excludes a residential contractor. (A.R.S. § 32-1122) Additionally, a general remodeling and repair contractor who fails to obtain workers' compensation coverage on behalf of the person's employees, must be served by the Registrar with a summary suspension of the contractor's license, pending a formal hearing for license revocation or other action. Statute outlines the timeframes and specific requirements. (A.R.S. § 32-1171)A.R.S. § 32-1101 defines residential contractor as?any person, firm, partnership or?corporation that bids to construct, alter, repair or improve residential structures, such as houses, condominiums,?cooperative units or apartment complexes of four units or less; connects the?residential structure to utility or sewer?lines; or provides mechanical or structural service. The defined term contractor includes subcontractors, specialty contractors, floor covering contractors, landscape contractors (other than gardeners) and managers on a construction project for the property owner as outlined.A.R.S. § 32-1158.01 specifies the progression of payments and other minimum requirements for a swimming pool or spa construction contract between the licensed builder and the homeowner. Statute requires a maximum down payment of $1,000 payable upon signing the contract, and then incremental payments of up to 30% of the original contract amount as the construction progresses. There are exceptions and exclusions; for example, the cost of any written change orders approved by the purchaser.07994015? 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 Notecenter-38925500ARIZONA HOUSE OF REPRESENTATIVESSB 1214: small cell equipment; local governmentsPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: Caucus and COWright1571625Legend:Mobile Radio Service – Commercial Mobile Radio ServiceProvider – Qualified Service ProviderTelecom – TelecommunicationsTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:Mobile Radio Service – Commercial Mobile Radio ServiceProvider – Qualified Service ProviderTelecom – TelecommunicationsTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)COM: DPA/SE 9-0-0-0Strike-Everything Amendment AbstractRelating to the use of small cell equipment in the rights-of-way.ProvisionsDefines Affiliate and includes the term in pertinent sections of law. (Sec. 1, 3, 4) Stipulates that a political subdivision cannot discriminate against a cable operator using its own cable systems in the public highways to provide Telecom and other noncable services, if the cable operator complies with all state and federal laws. (Sec. 3)States that the provisions do not affect or limit a political subdivision's authority:To establish competitively neutral and nondiscriminatory requirements for Telecom corporations. To manage its public highways or exercise its police and land use powers. (Sec. 3)Clarifies only a Provider may use microcell equipment to supply Mobil Radio Service. (Sec. 4)Ensures the provisions do not affect federal law concerning the application process, issuing permits or levying charges on microcell equipment in the public highways. (Sec. 4)Contains a legislative findings clause. (Sec. 5)Contains an applicability clause. (Sec. 6)Conditions the enactment of the measure on passage of HB 2365 relating to wireless services (Fifty-third Legislature, First Regular Session). (Sec. 7) Current LawThe licensing authority of a city, including a charter city, or town for an incorporated area, or county in an unincorporated area may issue a license to any person to use public streets, road and alleys for the purpose of authorizing and regulating the construction, operation, and maintenance of cable television systems. The licensing authority is required to impose conditions, restrictions and limitations on the usage of the license and may impose a license fee on gross revenues and levy TPT. The licensing authority may not levy a tax, fee or charge on a cable operator for the use of public streets, roads or alleys to provide cable service or for the privilege of engaging in the cable service business (A.R.S. § 9-506). A political subdivision may not discriminate against a cable operator in its provision of telecommunications services if the cable operator is in compliance with requirements applicable to telecommunications corporations (A.R.S. § 9-582). A political subdivision is required to issue permits upon application for the installation, operation and maintenance of microcell equipment in the public highways within the political subdivision on a competitively neutral and nondiscriminatory basis (A.R.S. § 9-584). -190508067675? 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 Notecenter-38227000ARIZONA HOUSE OF REPRESENTATIVESSB 1178: ASRS; nonparticipating employers; liabilityPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: Caucus and COW ED: DPA/SE 6-4-0-1right1524000Legend:ADE – Arizona Department of EducationFY – Fiscal YearLEA – Local Education AgencyOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationFY – Fiscal YearLEA – Local Education AgencyOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to inflation spending reporting.ProvisionsDirects each LEA to annually report to the OAG through FY 2026 the amount of monies received for annual inflation funding and from Proposition 123 and how the monies were spent. (Sec. 1)Directs the OAG, in conjunction with ADE, to prescribe the format for the report and directs the report to include a detailed accounting of how monies were spent, including the amount used to increase teacher salaries. (Sec. 1)Directs the OAG to compile a statewide report which includes the total amount of new monies used to increase teacher salaries and how the rest of the monies were spent. (Sec. 1)Permits the OAG to request additional documentation or information from LEAs and requires LEAs to comply with all OAG requests. (Sec. 1)Repeals the session law on July 1, 2026. (Sec. 1)Defines teacher. (Sec. 1)Additional Informationcenter7982585? 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 NoteIn 2016, voters approved Proposition 123 which increased the distribution from the State Land Trust Permanent Endowment Fund from 2.5% to 6.9% through FY 2025, including a $259 million distribution in FY 2016 to K-12 schools. The ballot pamphlet containing the text of the proposition, as well as Legislative Council and Joint Legislative Budget Committee analysis, may be found here.center-52446000ARIZONA HOUSE OF REPRESENTATIVESSB 1204: high school textbooks; review periodPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWED: DP 8-3-0-0right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to high school textbooks.ProvisionsPermits high school district governing boards to purchase textbooks from publishers, if approved. (Sec. 2)Requires school district governing boards to complete the following prior to approving high school textbooks:Provide information on the district's website on the proposed textbooks, if a website is maintained.Require textbook review and selection meetings to be open to the public.Provide at least a 60-day public comment period.Make a copy of each proposed textbook available for public review at the district office for at least 60 days before the formal selection. (Sec. 2)Makes technical and conforming changes. (Sec. 1, 2)Current Lawcenter7982585? 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 NoteHigh school district governing boards are required to approve the course of study and basic textbooks for each course (A.R.S. § 15-722). Governing boards have the authority to prescribe up to five textbooks for each course and teachers, with consent of the governing board, may select any of the prescribed textbooks to teach the course. K-8 school district governing boards are additionally required to approve the course of study and textbooks for each course and the governing board is required to hold open public meetings for committees reviewing textbooks. Proposed textbooks are required to be made available at the district office for public review for at least 60 days prior to the formal selection (A.R.S. § 15-721).center-50278800ARIZONA HOUSE OF REPRESENTATIVESSB 1209: universities; students; financial incentivesPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus and COWED: DPA/SE 9-1-1-0right1562100Legend:ADE – Arizona Department of EducationSBE – State Board of EducationAmendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationSBE – State Board of EducationAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to teacher and principal evaluations.ProvisionsDirects SBE's teacher and principal evaluation instrument to be designed to improve performance and include quantitative data for all students. (Sec. 1)Directs the quantitative student data component of the evaluation framework to account for 50 percent of the outcome, rather than between 33 and 50 percent.Requires teachers who instruct in content areas tested by the statewide assessment to have between 10 and 20 percent of the 50 percent count towards the quantitative data on academic progress AND HAVE THE REMAINING 40 PERCENT INCLUDE OTHER QUANTITATIVE DATA ON ACADEMIC PROGRESS. PROHIBITS TEACHERS WHO DO NOT INSTRUCT STUDENTS IN CONTENT AREAS TESTED BY THE STATEWIDE ASSESSMENT FROM HAVING QUANTITATIVE DATA ASSOCIATED WITH THE STATEWIDE ASSESSMENT AS PART OF THEIR EVALUATION. (Sec. 1)(ED)Requires quantitative data on academic progress to be directly attributable to the teacher being evaluated. (Sec. 1)Instructs the framework to allow for the exclusion of students who were not enrolled for a full academic year from academic progress data. (Sec. 1)Removes employment related expenses from Classroom Site Fund disbursements. (Sec. 2)Requires school district governing boards to adopt a performance based compensation system by School Year 2019 that includes the 50 percent quantitative data requirement in Classroom Site Fund distributions and performance evaluations.Removes the authority for governing boards to modify the statutory performance components.Directs the plan to be available on ADE's website rather than in a submitted report. (Sec. 2)Defines academic progress. (Sec. 1)Replaces AIMS references with statewide assessment. (Sec. 2)Makes technical and conforming changes (Sec. 1, 2)Current LawSBE is required to maintain a framework for teacher and principal evaluations that designates between 33 and 50 percent of the evaluation outcomes to be based on quantitative data on student academic progress. The framework must additionally include four performance classifications and guidelines for individual district or charter school use in evaluation instruments. School districts and charter schools are required to use an instrument for teacher and principal evaluations that meets data requirements and must adopt definitions for the four performance classifications (A.R.S. § 15-203).08025765? 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 Notecenter-38925500ARIZONA HOUSE OF REPRESENTATIVESSB 1405: schools; elections; ballot arguments; exclusionPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: Caucus and COWED: DP 9-2-0-0right1485900Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to bond and override election pamphlets. ProvisionsRequires ballot arguments for budget overrides and bond elections to be signed as the school district governing board without listing individual names. (Sec. 1, 2)Makes technical changes. (Sec. 1, 2)Current LawA school district governing board is required to mail an informational report to qualified electors within the district at least 35 days prior to an override or bond election. The report is directed to contain specified information, including arguments in favor of or against a budget increase or bond issuance. Arguments in favor of the proposed budget increase or bond issuance must be provided in writing and signed by the governing board. Additional arguments in favor of or against the proposed budget increase or bond issuance must be provided in writing and signed by those submitting the arguement. The names of persons and entities submitting written arguments are required to be included in the report (A.R.S. §§ 15-481, 15-491).9144007915910? 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 Notecenter-48450500ARIZONA HOUSE OF REPRESENTATIVESSB 1256: Arizona power authority; reportPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWEENR: DP (7-2-0-0)32575501523365Legend:APA – Arizona Power AuthorityNREW – Natural Resources, Energy & WaterEENR – Energy, Environment & Natural ResourcesCommission – APA CommissionAmendments – BOLD and Stricken (Committee)00Legend:APA – Arizona Power AuthorityNREW – Natural Resources, Energy & WaterEENR – Energy, Environment & Natural ResourcesCommission – APA CommissionAmendments – BOLD and Stricken (Committee)AbstractRelating to an annual report of the APA.ProvisionsExpands the list of recipients of the APA annual report to include:the President of the Senate;the Speaker of the House of Representatives;the Chairman of the Senate NREW committee or its successor committee; andthe Chairman of the House EENR committee or its successor committeecenter7982585? 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 Note. (Sec. 1)Makes technical changes. (Sec 1)Current LawThe Commission is required to submit an annual report to the Governor containing a full and complete account of its transactions and proceedings for the preceding FY, together with other facts, suggestions and recommendations deemed of public value, by December 1 (A.R.S. 30-108).center-48702400ARIZONA HOUSE OF REPRESENTATIVESSB 1285: G&F; in-lieu fee; trust fundPRIME SPONSOR: Senator Pratt, LD 8BILL STATUS: Caucus and COWright1537970Legend:AGFD – Arizona Game and Fish DepartmentCommission – Arizona Game and Fish CommissionCorps – U.S. Army Corps of EngineersCWA – Clean Water ActEPA – U.S. Environmental Protection AgencyTrust Fund – Game and Fish In-Lieu Fee Program Restoration Endowment Trust FundAmendments – BOLD and Stricken (Committee)00Legend:AGFD – Arizona Game and Fish DepartmentCommission – Arizona Game and Fish CommissionCorps – U.S. Army Corps of EngineersCWA – Clean Water ActEPA – U.S. Environmental Protection AgencyTrust Fund – Game and Fish In-Lieu Fee Program Restoration Endowment Trust FundAmendments – BOLD and Stricken (Committee)EENR: DPA (8-1-0-0)AbstractRelating to the AGFD and establishing the Trust Fund.ProvisionsEstablishes the Trust Fund to fulfill AGFD's obligations as an in-lieu fee sponsor of the CWA. (Sec. 1)Requires the Commission to administer the Trust Fund as trustee. (Sec. 1)Specifies the Trust Fund is a permanent endowment fund consisting of proceeds received by AGFD that includes:compensatory mitigation monies received from federal in-lieu fee permittees through the purchase of in-lieu fee mitigation credits; monies received from the Corps for other approved in-lieu fee programs; andmonies received from the Corps as a resolution of unauthorized activities under a completed federal enforcement action of the CWA. (Sec. 1)States that Trust Fund monies are continuously appropriated, do not revert to the GF and are exempt from lapsing. (Sec. 1)Directs the State Treasurer to accept, separately account for and hold in trust any monies deposited in the State Treasury.Prohibits monies from being commingled with any other monies in the State Treasury except for investment purposes. (Sec. 1)Requires the State Treasurer, on notice from the Commission, to invest and divest any Trust Fund monies deposited in the State Treasury and credit monies earned from interest and investment income to the Trust Fund. (Sec. 1)States the beneficiaries of the Trust Fund are the in-lieu fee projects sponsored by AGFD. (Sec. 1)Requires the Commission to spend monies in the Trust Fund solely for the purposes authorized under any enabling instrument between the Commission, Corps and EPA. (Sec. 1)Requires deposit of all monies received by the Commission in connection with CWA in-lieu projects in the Trust Fund. (Sec. 2)MAKES TECHNICAL CHANGES. (EENR) (Sec. 1, 2)Current LawUnder the CWA, the discharge of dredged or fill material into Waters of the U.S. is prohibited unless under permit. All applicable steps must be taken to avoid and minimize impacts to aquatic resources if there is a proposed discharge. Compensatory mitigation is required for unavoidable impacts to replace the loss of wetland, stream or other aquatic resource functions. The Corps or approved state authority is responsible for determining the appropriate form and amount of compensatory mitigation. A permittee may make a payment to an in-lieu fee program that will conduct aquatic resource restoration, creation, enhancement, or preservation activities. Federal rule requires in-lieu fee sponsors to establish a program account prior to accepting fees from permittees (33 CFR 332.8.i). In-lieu fee programs in Arizona are administered by AGFD through an agreement to use in-lieu fee payments collected from permittees. Funds received by AGFD are considered private trust funds subject to refund or return to sender. A state agency receiving private funds or contributions available for the purpose of work done under its direction or other receipts that may be subject to refund or return to the sender must open a donation and trust fund account with the State Treasurer. Funds deposited into the account will have a designated subaccount for each program project (A.R.S § 35-149). Additionally, the State Treasurer may establish investment pools for the collective investment of trust monies held by the State (A.R.S. § 35-316). 08030210? 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 Notecenter-39941500ARIZONA HOUSE OF REPRESENTATIVESSCM 1004: repeal; clean power plan; replacePRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWEENR: DPA/SE (6-3-0-0)right1524000Legend:AGFD – Arizona Game and Fish DepartmentCommission – Arizona Game and Fish CommissionSOS –Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:AGFD – Arizona Game and Fish DepartmentCommission – Arizona Game and Fish CommissionSOS –Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to hunting and angling in Arizona.ProvisionsUrges Congress to:respect the historic and current use of Arizona's recreational areas by sportsmen and sportswomen;support the time-honored Arizona traditions of hunting and angling, the very backbone of conservation; andrespect the administration of wildlife conservation through the sound science delivered by AGFD and science-based policies developed by the Commission.Instructs the SOS to transmit copies of this Memorial as outlined.Current Law9144008011160? 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 NoteCurrently not addressed in statute.center-48043900ARIZONA HOUSE OF REPRESENTATIVESSCM 1010: urging BLM; travel management plansPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWEENR: DP (6-3-0-0)right1571625Legend:BLM – U.S. Bureau of Land ManagementTMPs – Travel Management PlansOHV – off-highway vehicleSOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:BLM – U.S. Bureau of Land ManagementTMPs – Travel Management PlansOHV – off-highway vehicleSOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to the development of TMPs by the BLM.ProvisionsUrges BLM to coordinate and consult with all affected stakeholders, including state and local elected officials and property owners, in the development of TMPs affecting Arizona. Instructs the SOS to transmit a copy of this Memorial as outlined.Current Lawcenter7982585? 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 NoteCurrently not addressed in statute. Additional InformationThe BLM’s TMPs address different types of travel on BLM lands ranging from hiking and horseback riding to motorcycles and OHVs. It addresses which routes should be open to certain uses, which should be closed and?whether new routes should be developed.BLM Arizona manages 12.2 million acres of public lands: less than 1% are designated as open, 88% are designated as limited and 11% are closed to OHV use. Open areas are areas where all types of vehicle use are permitted at all times anywhere in the area. Limited areas are restricted at certain times, in certain areas and/or to certain vehicular use. Closed areas are those which are closed to all types of vehicle use (BLM).center-44320500ARIZONA HOUSE OF REPRESENTATIVESSCR 1010: nuclear energy; supportPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWEENR: DP (6-3-0-0)right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to nuclear energy. ProvisionsExpresses the Legislature's: support of the use of nuclear energy as a safe and efficient means of energy production; andcommitment to the continued and safe use of nuclear energy to supply the energy consumption needs of the people of Arizona.Current Lawcenter7982585? 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 NoteNot currently addressed in statute. center-44511800ARIZONA HOUSE OF REPRESENTATIVESSCR 1019: BLM planning 2.0 rule; oppositionPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWEENR: DP (6-3-0-0)right1524000Legend:BLM – U.S. Bureau of Land ManagementAct – Federal Land Policy and Management ActAmendments – BOLD and Stricken (Committee)00Legend:BLM – U.S. Bureau of Land ManagementAct – Federal Land Policy and Management ActAmendments – BOLD and Stricken (Committee)AbstractRelating to the BLM Planning 2.0 Rule.ProvisionsDeclares the Legislature's opposition to the BLM Planning 2.0 Rule.Current LawCurrently not addressed in statute. Additional Information9144008001635? 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 NoteOn December 1, 2016, BLM issued final rules amending regulations that establish the procedures used to prepare, revise or amend land use plans in pursuant to the Act. BLM Arizona manages 12.2 million acres of public lands (BLM).center-44529900ARIZONA HOUSE OF REPRESENTATIVESSB 1122: personal property transfer; limitations prohibitedPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWFPRPP: DP 5-4-0-0right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to the transfer of personal property.ProvisionsProhibits the state, cities, towns and counties from requiring a property owner to search or facilitate the search of any federal or state databases or involve a third party as a condition of the private sale, gift, donation or other transfer of personal property. (Sec. 1)Current Lawcenter7982585? 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 NotePersonal property includes money, goods, chattels, things in action and evidences of debt (A.R.S. § 1-215(29)).center-46508400ARIZONA HOUSE OF REPRESENTATIVESSB 1247: conservation easement; in lieu paymentsPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWFPRPP: DP (6-3-0-0)right1543050Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to conservation easements.ProvisionsAllows a conservation easement holder to make an annual payment in lieu of taxes on the reduction of value of the original parcel. (Sec. 1)Requires payment to the county treasurer of the county where the real property burdened by the easement is located. (Sec. 1)Stipulates that payments must be distributed by the county treasurer in the same manner as other property tax revenue to the county and its school districts, cities and towns. (Sec. 1)Contains a retroactive effective date of January 1, 2017. (Sec 2).Current Lawleft7884160? 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 NoteA conservation easement is a nonpossessory interest in real property imposing limitations or affirmative obligations for conservation purposes or to preserve the historical, architectural, archaeological or cultural aspects of real property. (A.R.S. § 33-271)Laws 2016, Chapter 168 established property tax classification class two C for real property burdened by a conservation easement. The county assessor in each county must establish and maintain a public digital registry including specific information on each parcel of class two C property in the county. A class two C property tax is designated as an assessment ratio of 15%, applying to the full-cash value or limited valuation of the conservation easement.center-50252400ARIZONA HOUSE OF REPRESENTATIVESSB 1448: state treasurer; public monies; proceduresPRIME SPONSOR: Senator Yee, LD 20BILL STATUS: Caucus and COWGOV: DP (8-0-0-0)32575501524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to service fees for credit card transactions with state agencies and the investment of monies by the State Treasurer. ProvisionsService Fee or Surcharge for Credit Card Payments to State AgenciesPermits state agencies that contract with an authorized agent for electronic processing of procurement transactions to include a provision in the contract to allow the authorized agent to impose a service fee or surcharge necessary for the state agency to process a credit card payment. (Sec. 2)Requires state agencies to submit any proposed convenience fee, service fee or surcharge to the State Treasurer for approval. (Sec. 2)Requires the proposed fee or surcharge to be: Necessary to ensure the efficient processing of payments to the state agency; andIn compliance with the standards of the credit card industry. (Sec. 2) Requires state agencies to include the costs of the service fee or surcharge in the cost-benefit report. (Sec. 2)State agencies must submit a cost-benefit report once the percentage of electronic transactions exceeds 30% of the agency's total transactions (A.R.S. § 35-142). Requires service fees and surcharges to be deposited and deducted into the appropriate state fund the same method as convenience fees. (Sec. 2)Investment by the State TreasurerPermits the State Treasurer to invest and reinvest trust and treasury monies in:Repurchase agreements collateralized with securities that are authorized for investment and purchased from authorized counterparties that have adequate capital and liquidity, rather than from only dealers that make markets in obligations guaranteed by the United States or any of its agencies, corporations or instrumentalities; andCommercial paper whose issuer is investment grade, rather than the two highest rating categories, for short-term obligations by any two nationally recognized rating organizations. (Sec. 3) Requires collateral posted in the form of securities by borrowers of securities loaned by the state treasurer to be in an amount of at least 102% of the market value of the loaned securities, rather than in an amount no more than 110% of the market value. (Sec. 3)Defines service fee or surcharge. (Sec. 1)Makes technical and conforming changes. (Sec. 1, 2, 3)Current LawAny state agency that contracts with an authorized agent for the electronic processing of procurement transactions may include a provision in the contract to allow the authorized agent to impose a convenience fee. The convenience fee is an additional fee that is imposed by an authorized agent on a web-based or voice response portal transaction for acceptance of a credit card that would not be charged if the same transaction were completed by an alternate method of payment. The convenience fee may be used to offset the costs imposed by the authorized agent in processing the transactions (A.R.S. §§ 35-101 & 35-142). The State Treasurer is permitted to invest and reinvest trust and treasury monies in certain items, including: obligations issued or guaranteed by the United States, bonds or other evidence of indebtedness of the state, commercial paper whose issuer is rated in one of the two highest rating categories for short-term obligations and negotiable certificates of deposit issued by a nationally or state charted bank of savings and loan association (A.R.S. § 35-313).The State Treasurer is permitted to establish and maintain investment pools for the collective investment of trust monies. The State Treasurer can deposit operating monies in the investment pools and receive monies of a state agency, county, city or town into the pools (A.R.S. § 35-316). Securities owned by the trust funds and operating monies deposited into the investment pools may be loaned by the State Treasurer to the financial or dealer community if the borrow transfers collateral to the State Treasurer or acting agent in the form of cash or securities in which the State Treasurer is permitted to invest or reinvest monies (A.R.S. § 35-313). 9144008066405? 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 Notecenter-38227000ARIZONA HOUSE OF REPRESENTATIVESSCR 1027: state senators; four-year termsPRIME SPONSOR: Senator Yarbrough, LD 17BILL STATUS: Caucus and COWGOV: DP (5-3-0-0)32575501524000Legend:SOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:SOS – Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to four-year terms for State Senators. ProvisionsExtends the term of a State Senator to four-years, rather than two-years, beginning in 2023. (Sec. 1)Prohibits a State Senator whose term begins after January 1, 2023, from serving more than two four-year terms. (Sec. 1)Specifies that State Senators who serve:Three consecutive terms in the Senate and whose first term began in January 2017, are eligible to serve one additional consecutive term in the Senate;Two consecutive terms in the Senate and whose first term began in January 2019, are eligible to serve one additional term in the Senate; andOne term in the Senate and whose first term began in January, 2021 are eligible to serve two additional consecutive terms in the Senate. (Sec. 1)Requires the SOS to submit this proposition to the voters at the next General Election. (Sec. 2)Current Lawcenter7982585? 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 NoteThe terms of office for members of the Legislature is two years. State Senators and Representatives are prohibited from serving more than four consecutive terms in office. A member of the Legislature who has served four consecutive terms is prohibited from serving in the same office until the member has been out of office for at least one full term (Arizona Constitution, Article IV, Part 2, § 21). center-49072300ARIZONA HOUSE OF REPRESENTATIVESSB 1336: nurse anesthetists; prescribing authority; limitationPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus and COWHEALTH: DPA 8-0-0-1right1571625Legend:COR – Committee of ReferenceCRNA – Certified Registered Nurse AnesthetistsAmendments – BOLD and Stricken (Committee)00Legend:COR – Committee of ReferenceCRNA – Certified Registered Nurse AnesthetistsAmendments – BOLD and Stricken (Committee)AbstractRelating to scope of practice for Certified Registered Nurse Anesthetists.ProvisionsPermits a CRNA to issue a medication order for a controlled substance. (Sec. 2)Clarifies that a CRNA does not have prescribing authority to write or issue a prescription for medications to be filled or dispensed for a patient outside of statutory parameters. A CRNA's prescriptive authority includes controlled substances. (Sec. 1, 2)States that statute governing the scope of practice for CRNAs does not limit a physician or health care institution's ability to establish a more restrictive bylaw, policy or procedure for administering anesthesia. (Sec. 2) (Health)STATES THAT A SURGEON OR PHYSICIAN IS NOT LIABLE FOR ANY ACT OR OMISSION OF A CRNA WHO ORDERS OR ADMINISTERS ANESTHETICS. (SEC. 2) (Health)Modifies the definition of presence to mean within the same health care institution or office and available as necessary, rather than in the same room, an adjoining room or within the same surgical or obstetrical suite. (Sec. 2)Modifies the definition of medication order to include controlled substances. (Sec. 1)Defines direction as the coordination and communication between the physician or surgeon and the CRNA, consistent with their applicable specialties. (Sec. 2) (Health)Makes technical and conforming changes. (Sec. 1, 2)Current Lawcenter7982585? 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 NoteCRNAs are permitted to administer anesthetics under the direction of and in the presence of a physician or surgeon as it relates to all aspects of operative care of a patient. CRNAs may only administer anesthetics in a health care institution, an office of a licensed health care professional or an ambulance. Statute outlines the scope of practice for a CRNA which includes issuing a medication order (A.R.S. § 32-1634.04).Additional InformationThe Senate Health and Human Services COR and the House Health COR met on December 16, 2016 to consider the sunrise application submitted by the Arizona Association of Nurse Anesthetists. The CNRA sunrise application was adopted by a voice vote.2362200-50467600ARIZONA HOUSE OF REPRESENTATIVESSB 1451: orthotics; prosthetics; standardsPRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0right1524000Legend:HHS – Health and Human ServicesAmendments – BOLD and Stricken (Committee)00Legend:HHS – Health and Human ServicesAmendments – BOLD and Stricken (Committee)AbstractRelating to requirements for custom orthotics and prosthetics.ProvisionsRequires, beginning January 1, 2018, custom orthotics or prosthetic devices that are furnished to an individual to meet the following requirements:Be provided by a fabricator or supplier who is accredited by an approved independent accreditation organization approved by the HHS Secretary;Be provided by a health care provider that is a qualified practitioner pursuant to federal law; andHave a valid prescription. (Sec. 2)Prohibits a health care provider that does not receive insurance payment for a custom orthotic or prosthetic device from attempting to collect payment or reimbursement for the amount of coverage denial.The prohibition only applies if the coverage denial is based on the custom device or the provider does not meet all custom orthotic or prosthetic device requirements. (Sec. 2)Exempts custom orthotic devices or prosthetic devices provided by the following health care professionals:Podiatrists;Allopathic physicians;Osteopathic physicians;Physical therapists;Physicians assistants; andOccupational therapists. (Sec. 2)States that custom orthotic or prosthetic device requirements do not require health care providers to accept Medicare patients. (Sec. 2)Defines custom orthotic or custom prosthetic device. (Sec. 1)Makes technical and conforming changes. (Sec. 1)Current Lawcenter7982585? 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 NoteNot currently addressed in statute.center-38227000ARIZONA HOUSE OF REPRESENTATIVESSB 1025: public entities; absolute immunity; defensesPRIME SPONSOR: Senator Burges, LD 22BILL STATUS: Caucus & COWJPS: DPA 6-3-0-0right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to public entity and public employee liability.ProvisionsExpands the determination of fundamental governing policy, for purposes of providing immunity to a public entity for acts and omissions of employees, to include the establishment, implementation and enforcement of minimum:Guidelines or standards for transportation facilities, including highways, roads, streets, bridges or rights of way; andSafety standards for street car systems. (Sec 1)Expands the affirmative defense for public entities and public employees to apply in the case of an injury arising from a plan or design for construction, maintenance or improvement to transportation facilities, provided that:The plan or design was prepared in conformance with accepted engineering or design standards in effect at the time; andA reasonably adequate warning is provided by the entity or employee of any unreasonably dangerous hazards, which would allow the public to take precautions. (Sec 2)States that the entity or employee may be liable for an injury in these circumstances if the entity or employee:Does not give a reasonably adequate warning of hazards; andIs grossly negligent. (Sec 2)Bifurcates the process for adjudicating whether the affirmative defense applies from the awarding of damages in the action. If an issue of material facts exists regarding the defense, the court must resolve the issue:At a trial;At the earliest possible timeSeparate and apart from a trial on damages.Makes technical changes. (Sec 1, 2)Current LawA.R.S. Title 12, Chapter 7, Article 2 governs civil actions against public entities or public employees. A.R.S. § 12-820 defines a public entity includes the state and political subdivisions (state includes any agency, board, commission or department). This section also defines employee, injury, maintenance and public employee. This Article grants public employees and entities absolute and qualified immunity, depending on the situation. It also provides an affirmative defense for entities and employees that can be invoked in a civil action as a shield from liability if the conditions of the affirmative defense are met. Public entities and employees acting within the scope of employment are not liable for punitive or exemplary damages and claims must be initiated within one year of the cause of action. A.R.S. § 12-820.01 provides absolute immunity for a public entity for any acts or omissions of its employees that constitute either:The exercise of a judicial or legislative function; orThe exercise of an administrative function involving the determination of fundamental governmental policy.The section further outlines what is considered the determination of fundamental governmental policy by stating that it involves the exercise of discretion in various situations, such as:Whether to seek or provide resources for the:Purchase of equipment;Hiring of employees;Construction and maintenance of facilities; orProvision of services.The licensing and regulation of a profession or occupation; andThe establishment, implementation and enforcement of safety standards for light rail transit systems.Qualified immunity is provided in A.R.S. § 12-820.02 for public entities and public employees in outlined situations, unless the employee acting within the scope of employment:Intended to cause injury; orWas grossly negligent. A.R.S. § 12-820.03 provides an affirmative defense for a public entity or employee related to an injury arising out of a plan or design for construction, maintenance or improvement of:Highways;Roads;Streets;Bridges; orRights-of-wayIf the plan or design conformed with generally accepted engineering/design standards in effect at the time. However, reasonably adequate warning must be given to unreasonably dangerous hazards to allow the public to take precautions. 0891286000center-43751500ARIZONA HOUSE OF REPRESENTATIVESSB 1072: administrative decisions; scope of reviewPRIME SPONSOR: Senator Petersen, LD 12BILL STATUS: Caucus and COWJPS: DPA 6-2-0-132607251526540Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to judicial review of agency actions.ProvisionsRequires, rather than permits, the court to reverse, modify or vacate and remand the agency action upon a determination that the action was contrary to law. (Sec. 1)Instructs the court to decide all questions of law, including the interpretation of a constitutional or statutory provisions and agency rule, without regard to previous determinations. (Sec. 1)Requires the courts to award attorney fees and other expenses in a successful civil action challenging an administrative decision on the grounds that the decision is contrary to law, if the agency or commission is statutorily exempt from rulemaking. (JPS)Instructs the court to affirm any agency action that arises from a health care appeal unless the court determines that the action is:Not supported by substantial evidence; Contrary to law;Arbitrary and capricious; orAn abuse of discretion. (Sec. 1)Exempts actions by the Arizona Corporation Commission from judicial review of administrative decisions. (Sec. 1)Current LawAppealable agency action means an action that determines the legal rights, duties or privileges of a party and that is not a contested case (A.R.S. § 41-1092). Parties to the appealable agency action are generally required to exhaust administrative remedies before the case is eligible for a judicial review (A.R.S. § 45-114, 41-1092.09, 41-1046). The court is required to affirm the agency action unless, after reviewing the administrative record and supplemental evidence from the evidentiary hearing, the court determines the action is: Not supported by substantial evidence;Contrary to law;Arbitrary and capricious; or An abuse of discretion. The court may reverse, modify or vacate and remand the agency action upon the determination that one of the above applies. (A.R.S. § 12-910)The final decision, order, judgment or decree of the court may be appealed to the Supreme Court. (A.R.S. § 12-913)9144008004175? 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 Notecenter-50278800ARIZONA HOUSE OF REPRESENTATIVESSB 1180: bingo establishments; ADA compliancePRIME SPONSOR: Senator Borrelli, LD 5BILL STATUS: Caucus & COWJPS: DP 8-1-0-032004001581150Legend:ADA – The Americans with Disabilities ActADOR – Arizona Department of RevenueOperators – Operators of bingo establishmentsAmendments – BOLD and Stricken (Committee)00Legend:ADA – The Americans with Disabilities ActADOR – Arizona Department of RevenueOperators – Operators of bingo establishmentsAmendments – BOLD and Stricken (Committee)AbstractRelating to ADA compliance for bingo establishments.ProvisionsRequires operators to offer assistance to players with disabilities to comply with ADA requirements. (Sec. 1)Permits operators to offer card-minding or other technological devices. Requires at least two of these to be reserved for players with disabilities. (Sec. 1)Prohibits operators from requiring disabled players to pay a fee or other minimum purchase for the use of card reading or other technological devices. Permits a minimum purchase if it is imposed on all players. (Sec. 1)Allows disabled players using a card-minder or technological device to use a printout or other evidence of a winning card. (Sec. 1)Requires operators to allow players to use a form of visual or audio signal as notification of a winning pattern or bingo. Outlines methods that may be used. (Sec. 1)Permits another person to assist a disabled player if the disability restricts the player from marking cards or using available assistance devices. (Sec. 1)Permits an individual with a disability who is employed by an operator to use technological devices to carry out the functions of the person's job. (Sec. 1)Exempts the following from the requirement that a bingo establishment own the equipment used to conduct the game:Card-minding devices;Technological aids; Computers; Electronic devices; andA contractor's personnel needed to operate devices for the purpose of assisting players with disabilities. (Sec. 1)Includes contractors in the list of individuals who may participate in conducting a bingo game held by the licensee. (Sec. 1)Makes technical changes. (Sec 1) -190507796530? 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 NoteCurrent LawA.R.S. Title 5, Chapter 4, Article 1 governs bingo licensing and establishments. A.R.S. § 5-406 outlines the processes for conducting bingo and states that games must be conducted on equipment owned by licensee. The Americans with Disabilities Act prohibits discrimination and requires that modifications be made when necessary to ensure disabled persons have equal access to commercial facilities. Additional InformationADOR is responsible for licensing bingo operators and enforcing laws related to conducting bingo in Arizona. Additional information can be found on the ADOR website. center-38227000ARIZONA HOUSE OF REPRESENTATIVESSB 1253: peace officers; investigative interviews; recordingsPRIME SPONSOR: Senator Borrelli, LD 5BILL STATUS: Caucus and COWJPS: DPA/SE 6-3-0-0right1524000Legend:LEA – Law Enforcement AgencyLEO – Law Enforcement OfficerAmendments – BOLD and Stricken (Committee)00Legend:LEA – Law Enforcement AgencyLEO – Law Enforcement OfficerAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to the review of video recordings of use of force incidents in administrative investigations.ProvisionsStates that if a LEO recorded a video of a use of force incident that resulted in death or serious physical injury to another person, the LEO must:Have an opportunity to view the recorded video and provide a clarification statement any further information regarding the footage that the LEO believes is relevant before the administrative investigation is complete; andBe read the prescribed notice before giving a statement about the incident. (JPS) (Sec. 1)Stipulates that LEAs are not precluded from adopting a policy or rule regarding a LEO's review of that officer's recorded video. (Sec. 1)Current LawA.R.S. § 38-1103 states that a LEO is not subject to disciplinary action except for just cause. Disciplinary action is defined as the dismissal, demotion or suspension of a LEO that is authorized by statute, charter or ordinance and is subject to a hearing or other procedure by a local merit board, a civil service board, an administrative law judge or a hearing officer (A.R.S. § 38-1101(3)).Just cause is defined as disciplinary action reasonably related to the standards of conduct for a professional LEO, the mission of the agency, the orderly, efficient or safe operation of the agency or the LEO's fitness for duty. The discipline must be: 1) supported by a preponderance of evidence that the conduct occurred, 2) reasonably related to the seriousness of the offense and the LEO's service record and 3) may not be excessive (A.R.S. § 38-1101(7)). A.R.S. § 38-1104 outlines requirements for interviewing a LEO during the course of an administrative investigation if either the employer or LEO reasonably believes the interview could result in disciplinary action against the LEO. During such an interview, the LEO is entitled to:A non-attorney representative from the same employer or the LEO's union to act as an observer;Reasonable breaks for telephonic or in-person consultation with authorized persons, including an attorney; andWritten notice of the alleged facts that are the basis of the investigation and copies of all complaints containing the alleged facts prior to the interview.At the end of the interview, the LEO is entitled to a consultation with his or her representative and may make a statement for up to five minutes to address specific facts or policies related to the interview.A.R.S. § 38-1110 requires an employer to make a good faith effort to complete any investigation of employee misconduct within 180 calendar days of receiving notice of the allegation. The investigation is considered complete when the LEO is served with either the notice of discipline or the notice of findings. If the employer exceeds the 180 calendar day limit, the employer must notify the employee with a written explanation of the reasons the investigation exceeded the time limit. The 180 calendar day limit is suspended if:There is a pending criminal investigation or prosecution connected with the alleged misconduct;The LEO is incapacitated or otherwise unavailable;The LEO submits a written waiver of the limitation;The Governor has declared a state of emergency within the jurisdictional boundaries of the employer; orAn extended time period is reasonably necessary to facilitate coordination in a multijurisdictional investigation.9048757996555? 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 Notecenter-43243500ARIZONA HOUSE OF REPRESENTATIVESSCM1002: division; ninth circuit; urging CongressPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWJPS: DP 6-3-0-0right1600200Legend:Congress – The United States CongressNinth Circuit – United States Court of Appeals for the Ninth CircuitAmendments – BOLD and Stricken (Committee)00Legend:Congress – The United States CongressNinth Circuit – United States Court of Appeals for the Ninth CircuitAmendments – BOLD and Stricken (Committee)AbstractUrging the division of the Ninth Circuit.ProvisionsAsks Congress to divide the Ninth Circuit into two circuits. Requires the Secretary of State to transmit a copy of the memorial to:The President of the United States Senate;The Speaker of the United States House of Representatives; and Each member of Congress from Arizona.Additional InformationArticle III of the United States Constitution establishes the judicial system and grants Congress the authority to ordain and establish federal courts. The Ninth Circuit serves Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, the Commonwealth of the Northern Mariana Islands and Guam. H.R.250 was introduced on January 4, 2017 for the purpose of dividing the Ninth Circuit into: A new Ninth Circuit composed of California, Hawaii, Oregon, Washington, Guam and the Northern Mariana Islands;A newly established Twelfth Circuit, composed of Alaska, Arizona, Idaho, Montana and Nevada. H.R. 250 also designates locations for the new circuits and distributes current judges of the Ninth Circuit to the new circuits. 9144008068310? 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 Notecenter-48862800ARIZONA HOUSE OF REPRESENTATIVESSB 1121: certified qualified applicators; fingerprinting requirementPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWLARA: DPA (7-0-0-1)AbstractRelating to certification of a new qualified applicator.ProvisionsRequires an applicant for certification as a new qualified applicator to submit a full set of fingerprints and fees to the Division. (Sec. 1)Requires the ADA Director to submit the fingerprints and fees to ADPS for the purpose of obtaining a state and federal criminal records check. Permits ADPS to exchange the data with the FBI. (Sec. 1)SPECIFIES THE APPLICATION FOR APPLICATOR CERTIFICATION MUST SET FORTH WHETHER THE APPLICANT HAS EVER BEEN CONVICTED OF A FELONY. (EENR) (Sec. 1) Current LawCertified qualified applicator means an individual who is licensed by the Division to provide pest management services and is responsible for ensuring the training, equipping and supervision of all applicators of a business licensee or school district (A.R.S. § 3-3601). An individual may apply for certification as an applicator or qualified applicator in any one or a combination of the following categories: 1) industrial, institutional, structural and health-related pest management; 2) wood-destroying organism management; 3) ornamental and turf pest management; 4) right-of-way pest management; 5) aquatic pest management; 6) fumigation; or 7) other categories established by rule (A.R.S. § 3-3614).The ADPS Director is required to authorize the exchange of criminal justice information between the central state repository or ACJIS with any noncriminal justice agency authorized to receive criminal history record information for evaluating the fitness of current or prospective licensees, employees, contract employees or volunteers, on submission of fingerprints and the prescribed fee (A.R.S. § 41-1750).9144007891780? 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 Note32575501523365Legend:Division – Pest Management DivisionADA – Arizona Department of AgricultureADPS – Arizona Department of Public SafetyFBI – Federal Bureau of InvestigationACJIS – Arizona Criminal Justice Information SystemAmendments – BOLD and Stricken (Committee)00Legend:Division – Pest Management DivisionADA – Arizona Department of AgricultureADPS – Arizona Department of Public SafetyFBI – Federal Bureau of InvestigationACJIS – Arizona Criminal Justice Information SystemAmendments – BOLD and Stricken (Committee)center-48863700ARIZONA HOUSE OF REPRESENTATIVESSB 1412: surface water; adjudication sequencePRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWLARA: DPA (5-3-0-0)right1524000Legend:af – acre foot (1 af = 325, 851 gallons of water)gpm – gallons per minuteAmendments – BOLD and Stricken (Committee)00Legend:af – acre foot (1 af = 325, 851 gallons of water)gpm – gallons per minuteAmendments – BOLD and Stricken (Committee)AbstractRelating to surface water adjudication.ProvisionsDefers the determination of water rights of all small water use claims IN ANY SPECIFIC SUBWATESHED until all other claims are determined by the Superior Court in the course of the adjudication. (EENR) (Sec. 5)REQUIRES DETERMINATION OF A CLAIMANT'S SMALL WATER USE CLAIM IN CONJUNCTION WITH THE CLAIMANT'S OTHER CLAIMS IN THE SAME SUBWATERSHED. (EENR) (Sec. 5)ASSERTS THAT THE SUPERIOR COURT OR THE SPECIAL MASTER IS NOT PRECLUDED FROM APPROVING SETTLEMENTS OF SMALL WATER USE CLAIMS AT ANY TIME DURING THE COURSE OF THE ADJUDICATION. (EENR) (Sec. 5)Defines small water use claim as any claim for a stockpond, stock water use or WATER well identified in a claimant statement filed for any of the following specific conditions:a stockpond with a capacity of not more than 15 af used solely for watering livestock or wildlife and contains appropriable water;any well equipped with maximum pumping capacity of 35 gpm; ora stock watering use by livestock and wildlife directly from a naturally occurring body of water or a developed facility served by a diversion of appropriable water (EENR) (Sec. 2). Repeals the summary adjudication of de minimis water uses statute. (Sec. 6)Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 7).Current LawThe general stream adjudication is a judicial proceeding to determine or establish the extent and priority of water rights in the Gila River system and the Little Colorado River system. Thousands of claimants and water users are joined in these proceedings that will result in the Superior Court issuing a comprehensive final decree of water rights for both river systems. Laws 1995, Chapter 9 and Chapter 230 revised numerous statutes dealing with surface water rights and the general adjudication process in an attempt to focus the proceedings on larger claims by establishing a summary adjudication procedure for those claimants with relatively small, or de minimis, annual usage. The legislation deemed stockponds with a capacity of 15 af or less, domestic uses of 3 af or less, small business uses of 3 af or less and stock watering uses of 1 af or less as de minimis, summarily adjudicated and incorporated into the final decree. Objections to de minimis claims could only be made in post-decree severance and transfer or change of use proceedings or in post-decree enforcement actions (A.R.S. § 45-258). Additional InformationThe San Carlos Apache Tribe, Tonto Apache Tribe and the Yavapai Apache Tribe – Camp Verde Reservation filed a special action in the Arizona Supreme Court challenging the constitutionality of HB 2276 and HB 2193. The Arizona Supreme Court held that provisions of HB 2276 were unconstitutional under Article III of the Arizona Constitution and that A.R.S. § 45-258 relating to de minimis uses was invalid (Apache Tribe v. Superior Court, 193 Ariz. 195 (1999)). 9144008061325? 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 Notecenter-38417500ARIZONA HOUSE OF REPRESENTATIVESSCM 1009: urging delisting of gray wolfPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWright1524000Legend:USFWS – U.S. Fish and Wildlife ServicesESA – Endangered Species ActSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:USFWS – U.S. Fish and Wildlife ServicesESA – Endangered Species ActSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)LARA: DP (6-2-0-0)AbstractRelating to the gray wolf.ProvisionsUrges USFWS to delist the gray wolf from the ESA.Instructs the SOS to transmit a copy of this memorial as outlined. Current Lawcenter7982585? 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 NoteNot currently addressed in statute. Additional InformationIn 1978, the USFWS reclassified the gray wolf (Canis lupus) as an endangered population at the species level throughout the contiguous US and Mexico (USFWS). An endangered species is one that is in danger of extinction throughout all or a significant portion of its range. Gray wolf populations in Idaho and Montana were delisted due to recovery in 2011. On July 1, 2015, the USFWS determined that a petition to reclassify all gray wolves in the conterminous US, except for the Mexican wolf in the Southwest, as a threatened species under the ESA does not present substantial information indicating that reclassification may be warranted.The Mexican wolf (Canis lupus baileyi) is a subspecies of the gray wolf and has been reintroduced in a geographic area that encompasses Arizona and New Mexico from Interstate 40 south to the international border with Mexico. The Mexican Wolf Interagency Field Team documented a minimum of 113 Mexican wolves in the wild in Arizona and New Mexico at the end of 2016. center-50278800ARIZONA HOUSE OF REPRESENTATIVESSB 1056: municipal codes; publication; onlinePRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus and COWLIA: DP (6-0-0-1)32575501524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to the publication of municipal code or public record.ProvisionsPermits a municipality to publish a code or public record adopted by reference online. (Sec. 1)Modifies the definition of published to include online electronic reproductions. (Sec. 1)Makes technical changes. (Sec. 1)Current Lawcenter7982585? 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 NoteCities and towns may publish code or public record adopted by reference by print, lithograph, multigraph, mimeograph or other reproduction (A.R.S. § 9-801).A municipality may enact the provisions of a code or public record by reference, but the adopting ordinance must be published in full. A code or public record enacted by reference may be amended in the same manner (A.R.S. § 9-802).center-50278800ARIZONA HOUSE OF REPRESENTATIVESSB 1316: jail districts; maintenance of effortPRIME SPONSOR: Senator Allen S, LD 6BILL STATUS: Caucus and COWLIA: DPA (7-0-0-0)right1524000Legend:BOS – county board of supervisorsOAG – Office of the Auditor GeneralTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:BOS – county board of supervisorsOAG – Office of the Auditor GeneralTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)AbstractRelating to county maintenance of efforts payments to county jail districts. ProvisionsEstablishes an alternative amount for county maintenance of efforts payments to a jail district in a county WITH A POPULATION OF LESS THAN 500,000 that has a negative net new assessed valuation in any year after 2015 and within three years preceding when a community corrections tax is levied. Sets the base expenditure amount at 25%, rather than 100%, of the amount expended by the county for maintenance and operations of correctional facilities and programs in the previous FY. Specifies that this base expenditure amount applies for the duration of the tax. (Sec. 2) (GOV)CAPS THE RATE OF THE DISTRICT EXCISE TAX LEVIED BY A COUNTY MAKING MAINTENANCE OF EFFORTS PAYMENT USING THE ALTERNATIVE BASE EXPENDITURE AMOUNT AT 6.67%, RATHER THAN 10%, OF THE STATE TPT RATE. (GOV)Requires a county that makes maintenance of effort payments using the alternative base expenditure amount to meet the same statutory audit and payment method requirements as counties using the current base expenditure amount. (Sec. 2)A.R.S. § 48-4024 lists current requirements for county maintenance of efforts payments to county jail districts. Makes technical and conforming changes. (Sec. 1, 2, 3)Current LawA BOS may establish a county jail district for the purpose of acquiring, constructing, operating, maintaining and financing county jails and jail systems and juvenile detention facilities. The district includes all incorporated and unincorporated areas of the county (A.R.S. § 48-4001). The BOS is permitted to levy either an excise tax or ad valorem property tax to fund the district, which must be approved by the voters of the district. The rate of the excise tax may not exceed 5% or 10% of the current statutory rate for each classification, depending on the county population. The secondary property tax must be levied on all taxable property in the district and may not exceed 20? per $100 of assessed valuation (A.R.S. §§ 48-4021, 48-4022 & 48-4023). Upon approval of the district tax levy, the OAG is required to determine the amount expended by the county for maintenance and operation of correctional facilities and programs in the FY immediately preceding the FY in which the tax levy is effective. This total amount is the base expenditure for the district. Each year, the OAG must determine the amount that the county must pay to the district in maintenance of efforts payments for the FY by adjusting the base expenditure by the lesser of the percentage of change in the county's primary property tax or the annual change in the GDP price deflator (A.R.S. § 48-4024). 9144008019415? 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 Notecenter-37084000ARIZONA HOUSE OF REPRESENTATIVESSB 1430: municipalities; wastewater fees; vacant landPRIME SPONSOR: Senator Farnsworth D, LD 16BILL STATUS: Caucus and COWLIA: DP (5-2-0-0)32531051530985Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to municipal fees for wastewater on vacant land. ProvisionsProhibits a municipality from charging a wastewater fee for vacant land that does not have a wastewater connection or service. (Sec. 1)Current LawA municipality is permitted to assess developmental fees to offset costs of providing necessary public services to developments, including water and wastewater. Development fees assessed by the municipality must result in a beneficial use to the development, be calculated based on the infrastructure improvements plan adopted by the municipality, not exceed a proportionate share of the cost of necessary public services and meet other requirements (A.R.S. § 9-463.05). center7982585? 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 NoteAll rates and charges collected by municipalities for water and wastewater service must be just and reasonable. A municipality engaging in a domestic water or wastewater business that wishes to increase any water or wastewater rate, rate component, fee or service charge must prepare a written report or supply data supporting the increase. After preparing a copy of the report, the municipality must hold a public hearing on the proposed increase. The governing body of the municipality may adopt the increase only by ordinance or resolution after the public hearing. The increased rate becomes effective 30 days after the adoption of the ordinance or resolution (A.R.S. § 9-511.01).center-48883500ARIZONA HOUSE OF REPRESENTATIVESSB 1071: provisional licenses; criminal convictionsPRIME SPONSOR: Senator Burges, LD 22BILL STATUS: Caucus and COWMVRA: DPA (9-0-0-0)right1562100Legend:ADOC – Arizona Department of CorrectionsAmendments – BOLD and Stricken (Committee)00Legend:ADOC – Arizona Department of CorrectionsAmendments – BOLD and Stricken (Committee)AbstractRelating to regular and provisional license eligibility for ex-criminal offenders.ProvisionsGives the licensing authority discretion to issue either a regular or provisional license to a qualified applicant who has been convicted of an A CRIMINAL offense. (Sec. 1) (MVRA)Requires a provisional license to be valid for a term of no more than one year specified by the licensing authority. (Sec. 1)Allows a licensing authority to revoke a provisional license if the licensee:Is charged with a new felony; Commits an act or omission that causes supervision, probation or parole to be revoked; orViolates the law or rules that govern the practice of the occupation which the license is issued. (Sec. 1) Specifies that if a licensing authority revokes a regular license, the licensee is not allowed to receive another provisional or regular license, however, the ability of a licensee to obtain another license in the future is within the discretion of the licensing authority. (Sec. 1)Requires an applicant who has a provisional license and who is on community supervision, probation or parole, to provide name and contact information of the reporting officer to the licensing authority. (Sec. 1)REQUIRES A LICENSING AUTHORITY TO NOTIFY THE COURT IF A REGULAR OR PROVISIONAL LICENSE HAS BEEN ISSUED TO AN APPLICANT FOR PURPOSES OF RECOVERING RESTITUTION AND THAT APPLICANT MUST PROVIDE THE LICENSING AUTHORITY WITH THE NAME OF THE COURT THAT ORDERED THE RESTITUTION. (SEC. 1) (MVRA)Mandates the licensing authority to notify the reporting officer that a provisional license has been issued to the licensee. (Sec. 1)Specifies that if a licensee was convicted of criminal trespass, burglary or robbery within the last 10 years, the provisional license must include a condition that the licensee only work under the direction of a supervisor who has no criminal record during all home visits and affidavit must be signed by the supervisor. If the offense occurred more than 10 years ago, the condition is discretionary with the licensing authority. (Sec. 1)Clarifies that a licensing authority may exercise discretion to issue a license to individuals who are not covered under this law. (Sec. 1)REQUIRES AN INDIVIDUAL WHO IS WORKING IN AN ASSISTED LIVING OR SKILLED NURSING FACILITY WITH A PROVISIONAL LICENSE TO WORK ONLY UNDER THE DIRECT SUPERVISION OF ANOTHER LICENSEE AND THE SUPERVISING LICENSEE MUST SIGN A VERIFYING AFFIDAVIT. (SEC. 1) (MVRA)Prohibits a person who is incarcerated to apply for a provisional license until after their release. (Sec. 1)Clarifies that this law does not apply to:A person who is convicted of a violent crime that result in the death or physical injury of another, sexual offenses, kidnapping and an offenses involving fraud if the licensed occupation is one in which the licensee owes a fiduciary duty to a client; Any initial or renewal license application where the applicant was convicted of committing an offense in the course of performing the duties of the occupation or a substantially similar occupation. Any occupation where the licensee would be supervising vulnerable adults; and Any repeat offenders. (Sec. 1)REQUIRES THE DIRECTOR OF ADOC TO DEVELOP, IMPLEMENT AND MAINTAIN A GRADUATED INTERVENTION POLICY FOR OFFENDERS WHO VIOLATE A CONDITION OF COMMUNITY SUPERVISION AND THE POLICY MUST INCLUDE THE FOLLOWING:GUIDELINES FOR USING GRADUATED INTERVENTIONS ON AN OFFENDER WHO COMMITS A TECHNICAL VIOLATION OF A CONDITION OF COMMUNITY SUPERVISION; AND ADOC MAY TAKE INTO ACCOUNT WHETHER THE OFFENDER HAS BEEN ISSUED A PROVISIONAL LICENSE AND ANY EFFECTS THAT THE INTERVENTION MAY HAVE ON THAT LICENSE. (SEC. 2) (MVRA)REQUIRES ADOC TO PREPARE AND SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE DETAILING THE USE OF AND COMPLETION RATES FOR MAJOR GRADUATE INTERVENTIONS IN THE PREVIOUS YEAR. (SEC. 2) (MVRA)MANDATES ADOC TO PROVIDE A COPY OF THE REPORT TO THE SECRETARY OF STATE. (SEC. 2) (MVRA)Defines licensing authority as an agency, department, board or commission of this state that issues a license pursuant to Title 32, EXCEPT TITLE 32, CHAPTER 40 for the purposes of operating a business in this state to an individual who provides a service to any person. (Sec. 1) (MVRA)Current LawWithin Title 32 are the laws relating to professions and occupations. Included therein are education and licensing requirements and applicable regulations.9144007999095? 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 Notecenter-50278800ARIZONA HOUSE OF REPRESENTATIVESSB1216: towing firms; assets; definitionPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: Caucus and COWTI: DPA 8-0-0-0-0right1524000Legend:Department– Arizona Department of Public SafetyDirector– Director of the Arizona Department of Public SafetyAmendments – BOLD and Stricken (Committee)00Legend:Department– Arizona Department of Public SafetyDirector– Director of the Arizona Department of Public SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to geographic towing areas.ProvisionsProhibits an owner of a towing firm that has a shared use of assets with another towing firm from applying for a contractual agreement with the Department or a city, town or county within the same geographic area. (Sec. 1)Requires the Director or a city, town or county to determine that each towing firm is in compliance and to review any complaints that are submitted with supporting documentation. (Sec. 1)Defines asset. (Sec. 1)Makes technical change. (Sec. 1)Current Lawcenter7982585? 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 NoteThe Director or a city, town or county may enter into contractual agreements with towing firms. Towing firms in contractual agreements are required to disclose in writing the owners of the firm or firms applying for the same contract. A towing firm is only permitted to have one contractual agreement per geographic towing area with the Department or a city, town or county for towing or storage services (A.R.S. 41-1830.51).center-50355500ARIZONA HOUSE OF REPRESENTATIVESSB 1379: misused transportation excise tax; repaymentPRIME SPONSOR: Senator Lesko, LD 21BILL STATUS: Caucus and COWTI: DP 8-0-0-0right1524000Legend:ADOT – Arizona Department of TransportationOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)AbstractRelating to the repayment of misused transportation excise tax.ProvisionsRequires ADOT to require a jurisdiction that misused transportation excise tax monies to directly repay the monies to the county's regional area road fund. (Sec. 1) Specifies the repayment must be as a lump sum or in consecutive annual payments of at least 10% of the full amount each FY. (Sec. 1)Instructs the State Treasurer to withhold the jurisdiction's revenue from the transportation excise tax for failure to timely and fully repay the fund. (Sec. 1)Current Lawcenter7982585? 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 NoteThe OAG is required to conduct an audit and review past expenditures and future planned expenditures of the transportation excise revenues and determine the impact of the expenditures in solving transportation problems in the county. The OAG is also required to determine if the expenditures from the transportation excise revenues are in compliance with statutory requirements (A.R.S. § 41-1279.03). If the OAG reports determine a jurisdiction has misused monies collected from the transportation excise tax, ADOT must notify the State Treasurer to withhold the noncomplying jurisdiction's revenues until the jurisdiction presents evidence of compliance (A.R.S. § 28-6392).center-50355500ARIZONA HOUSE OF REPRESENTATIVESSB 1480: revisions; community facilities districtsPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: right1552575Legend:ADOA – Arizona Department of Administration CFD – community facilities districtAmendments – BOLD and Stricken (Committee)00Legend:ADOA – Arizona Department of Administration CFD – community facilities districtAmendments – BOLD and Stricken (Committee)Caucus and COWWM: DPA (5-4-0-0)AbstractRelating to community facilities districts.ProvisionsRequires the governing body of a municipality or county, upon submittal of an application and petition of 25% of landowners in a proposed CFD, to hold a public hearing within 60 days to consider the formation of a CFD.After the hearing, the governing body may adopt a resolution declaring its intention to form a CFD or provide a written basis for not adopting the resolution. (Sec. 2)Adds two members to the CFD board who are designated by the largest landowner in the proposed CFD, appointed by the governing body. (Sec. 2)The governing body may still, alternatively, choose to appoint five directors to govern the CFD. Requires the applicant to provide a process for the designation of the two additional district board members once all of the development in the CFD is completed. (Sec. 2) (WM)Specifies the following information required on a completed application:a petition signed by the owners of 25% of the land in the CFD;a description of the applicant and the applicant's experience;a general plan for the CFD; anda preliminary financing plan. (Sec. 2)Outlines factors that the governing body of a county may consider when reviewing an application to form a CFD. (Sec. 2)Limits the time for filing an objection to real property that would be included in the CFD, after the adoption of a resolution, to 30 days. (Sec. 3)Requires a seller of property within a CFD to disclose information regarding the CFD to any prospective buyer. (Sec. 4)Limits fees and other charges in relation to forming a CFD to $15,000. (Sec. 4)Requires any fees paid before the formation of a CFD that exceed the actual cost of forming a CFD to be used by the municipality or county to support the formation or administration of the CFD, including the issuance and sale of bonds. (Sec. 4)Specifies that if an application is denied, the municipality or county may not charge additional fees for a similar application within one year of the denial. (Sec. 4) Provides that members of the board of directors are public officers and must comply with conflict of interest laws. (Sec. 5)Prohibits the county or municipal governing body from requiring the petitioner to alter the plan presented in the documents for the formation of the CFD. (Sec. 7) Requires the CFD to establish an official website that provides a link to the database that contains records required to be maintained by law.A link to the database must also be provided to ADOA. (Sec. 7)Excludes the following from the database:Tax payment or refund data that includes confidential taxpayer rmation in anticipation of litigation that is subject to attorney-client privilege.Any other confidential information. (Sec. 7)Establishes that once a discrete segment of public infrastructure is completed, the following will occur:The construction entity may submit a letter of completion to the governing body.An inspection of the completed segment, within 30 days of the letter of completion, by the governing body along with a letter of any deficiencies. Within 30 days of an engineer's certification that all standards and modifications needed have been met, the governing body will adopt the public infrastructure for ownership, operation and maintenance. The acceptance of a discrete section of public infrastructure does not modify the assurances and warranty requirements of a governing body by a development agreement. (Sec. 7)Defines entity. (Sec. 1)Makes technical and conforming changes. (Sec. 1,2,3,4,5,6) (WM)Current LawA CFD is a tax levying public improvement district formed by a municipality or county. If 25% of the land owners of the proposed CFD sign a petition, a resolution may be adopted declaring its intention to form a CFD. The resolution must state whether it will be governed by the members of the governing body, ex officio or five directors appointed by the governing body. The CFD board may authorize the issuance of revenue bonds or hold a GO bond election. Fees and charges connected with an application to form a CFD must not exceed the overall cost of the actual administration of the CFD. A CFD may levy ad valorem taxes which will include the maintenance and operation of the CFD. That portion of the tax must not exceed 30 cents per $100 of assessed valuation of all real and personal property within the CFD. (Title 48, Chapter 38, Article 6, A.R.S.)01926590? 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 Note ................
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