ARIZONA HOUSE OF REPRESENTATIVES - Arizona State …



ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature - First Regular SessionCAUCUS AGENDAMarch 16, 2021Bill NumberShort TitleCommitteeDateActionCommittee on Criminal Justice ReformChairman:Walter "Walt" Blackman, LD 6Vice Chairman:Shawnna LM Bolick, LD 20Analyst:Lauren CookIntern:Praneeth NandamuriSB 1067(BSI)prisoners; discharge; transition program. SPONSOR:BARTO, LD 15CJR3/10/2021DP(7-0-0-2)(Abs: BOLDING, TOMA)SB 1469(BSI)forensic evidence testing; postconviction relief SPONSOR:PETERSEN, LD 12CJR3/10/2021DPA(7-0-0-2)(Abs: BOLDING, TOMA)Committee on CommerceChairman:Jeff Weninger, LD 17Vice Chairman:Steve Kaiser, LD 15Analyst:Paul BennyIntern:Shane GardinerSB 1044(BSI)????????? credit for reinsurance????? SPONSOR:?? LIVINGSTON, LD 22???????????????????????????????????????????????????????????COM???????????????????? 3/2/2021??????????????? DP????????????????(8-2-0-0)???????????????????????????????????????????????????????????(No: FERNANDEZ, BUTLER)?SB 1217(BSI)securities; exempt transactions. SPONSOR:PACE, LD 25COM3/9/2021DP(8-1-0-1)(No: FERNANDEZ Abs: ESPINOZA)SB 1218(BSI)nonhealth professions; occupations; regulations. SPONSOR:PACE, LD 25COM3/9/2021DP(8-1-0-1)(No: POWERS HANNLEY Abs: ESPINOZA)SB 1272(BSI)nonhealth board directors; advocacy; legislation SPONSOR:MESNARD, LD 17COM3/9/2021DP(8-2-0-0)(No: FERNANDEZ, POWERS HANNLEY)SB 1378(BSI)office of Sonora; continuation SPONSOR:MESNARD, LD 17COM3/9/2021DP(10-0-0-0)Committee on EducationChairman:Michelle Udall, LD 25Vice Chairman:Beverly Pingerelli, LD 21Analyst:Chase HouserIntern:Anson NaumannSB 1114(BSI)schools; required posting; abuse hotline SPONSOR:MESNARD, LD 17ED3/9/2021DP(10-0-0-0)SB 1296(BSI)collegiate athletics; compensation SPONSOR:SHOPE, LD 8ED3/9/2021DP(9-1-0-0)(No: PINGERELLI)SB 1376(BSI)schools; curriculum; mental health SPONSOR:BOWIE, LD 18ED3/2/2021DP(7-3-0-0)(No: ROBERTS, NGUYEN, PINGERELLI)SB 1401(BSI)alternative teacher development program; extension SPONSOR:BOYER, LD 20ED3/9/2021DP(8-2-0-0)(No: SALMAN, PAWLIK)SB 1404(BSI)CTEDs; district governing boards; elections. (Now: state seal of biliteracy; assessment) SPONSOR:BOYER, LD 20ED3/9/2021DP(10-0-0-0)Committee on Government & ElectionsChairman:John Kavanagh, LD 23Vice Chairman:Jake Hoffman, LD 12Analyst:Stephanie JensenIntern:Frances SlaterSB 1046(BSI)????????? member distributions; deferred retirement; transfers????? SPONSOR:?? LIVINGSTON, LD 22???????????????????????????????????????????????????????????GE???????????????????????? 3/3/2021??????????????? DP??????????????? (12-0-0-1)???????????????????????????????????????????????????????????(Abs: ROBERTS)?SB 1051(BSI)????????? ASRS; employer payments; ineligible contributions????? SPONSOR:?? LIVINGSTON, LD 22???????????????????????????????????????????????????????????GE???????????????????????? 3/3/2021??????????????? DP??????????????? (12-0-0-1)???????????????????????????????????????????????????????????(Abs: ROBERTS)SB 1107(BSI)redistricting; petition signatures; 2022 candidates SPONSOR:MESNARD, LD 17GE3/10/2021DPA(13-0-0-0)SB 1351(BSI)fire districts; amendments SPONSOR:BORRELLI, LD 5GE3/10/2021DP(12-1-0-0)(No: HOFFMAN)SB 1485(BSI)elections; voting center tabulation (Now: early voting list; eligibility) SPONSOR:UGENTI-RITA, LD 23GE3/10/2021DP(7-6-0-0)(No: FERNANDEZ, SALMAN, BUTLER, PAWLIK, TER?N, STAHL HAMILTON)SB 1601(BSI)municipal ordinances; penalties; notice SPONSOR:GOWAN, LD 14GE3/10/2021DP(13-0-0-0)SB 1802(BSI)Diné; indigenous code talkers; holiday (Now: holiday; code talkers day) SPONSOR:PESHLAKAI, LD 7GE3/10/2021DP(13-0-0-0)Committee on Health & Human ServicesChairman:Joanne H. Osborne, LD 13Vice Chairman:Regina E. Cobb, LD 5Analyst:Emily BonnerIntern:Sidney FerrieraSB 1016(BSI)physicians; naturopathic medicine SPONSOR:BARTO, LD 15HHS3/8/2021DP(9-0-0-0)SB 1094(BSI)substance abuse treatment; AHCCCS SPONSOR:PACE, LD 25HHS3/8/2021DP(9-0-0-0)SB 1219(BSI)donated medicine; requirements SPONSOR:BARTO, LD 15HHS3/8/2021DP(9-0-0-0)SB 1220(BSI)mental health professionals; trauma counseling SPONSOR:GRAY, LD 21HHS3/8/2021DP(9-0-0-0)SB 1225(BSI)DCS; legislator briefings; staff member SPONSOR:KERR, LD 13HHS3/8/2021DP(9-0-0-0)SB 1253(BSI)psychology board; licensure; fingerprinting SPONSOR:BARTO, LD 15HHS3/8/2021DP(9-0-0-0)SB 1604(BSI)remote dispensing pharmacies; rural hospitals SPONSOR:GOWAN, LD 14HHS3/8/2021DP(9-0-0-0)SCR 1009(BSI)abortion data; survivors act; supporting SPONSOR:KERR, LD 13HHS3/8/2021DP(5-4-0-0)(No: FRIESE, BUTLER, HERNANDEZ A, SHAH)Committee on JudiciaryChairman:Frank Pratt, LD 8Vice Chairman:Jacqueline Parker, LD 16Analyst:Lauren CookIntern:Praneeth NandamuriSB 1047(BSI)????????? board of fingerprinting; continuation????? SPONSOR:?? LIVINGSTON, LD 22???????????????????????????????????????????????????????????JUD?????????????????????? 3/10/2021????????????? DP???????????????? (8-1-0-1)???????????????????????????????????????????????????????????(No: RODRIGUEZ Abs: NGUYEN)SB 1221(BSI)vulnerable adults; jurisdiction; grand juries SPONSOR:GRAY, LD 21JUD3/10/2021DP(9-0-0-1)(Abs: NGUYEN)SB 1237(BSI)fertility fraud; civil; criminal action SPONSOR:BARTO, LD 15JUD3/10/2021DP(10-0-0-0)SB 1249(BSI)conviction; set aside; traffic violations SPONSOR:PETERSEN, LD 12JUD3/10/2021DP(9-0-0-1)(Abs: NGUYEN)SB 1265(BSI)court rules; signatures; court documents SPONSOR:PETERSEN, LD 12JUD3/10/2021DP(9-0-0-1)(Abs: NGUYEN)SB 1266(BSI)competency evaluation; records; appointments SPONSOR:PETERSEN, LD 12JUD3/10/2021DP(10-0-0-0)SB 1267(BSI)record of proceedings; electronic recording SPONSOR:PETERSEN, LD 12JUD3/10/2021DP(6-4-0-0)(No: CH?VEZ, DEGRAZIA, RODRIGUEZ, HERNANDEZ M)SB 1332(BSI)emancipated minors; orders; employment rights SPONSOR:GOWAN, LD 14JUD3/10/2021DP(8-0-1-1)(Abs: NGUYEN Present: RODRIGUEZ)SB 1407(BSI)DUI; incarceration credits; calculation SPONSOR:PETERSEN, LD 12JUD3/10/2021DP(6-4-0-0)(No: CH?VEZ, DEGRAZIA, RODRIGUEZ, HERNANDEZ M)SB 1415(BSI)guardianship proceedings; sealing of records SPONSOR:BARTO, LD 15JUD3/10/2021DP(10-0-0-0)Committee on Land, Agriculture & Rural AffairsChairman:Tim Dunn, LD 13Vice Chairman:Joel John, LD 4Analyst:Paul BergelinIntern:Manuel NievesSB 1065(BSI)state lands; partial tracts; patents SPONSOR:KERR, LD 13LARA3/8/2021DP(11-0-0-0)Committee on Military Affairs & Public SafetyChairman:Kevin Payne, LD 21Vice Chairman:Quang H. Nguyen, LD 1Analyst:Eryn StreeterIntern:Sydney MathisSB 1354(BSI)rate structure; hospital services; prisoners SPONSOR:BARTO, LD 15MAPS3/8/2021DP(13-1-0-0)(No: DEGRAZIA)SB 1526(BSI)prisoners; training; individual certificates SPONSOR:NAVARRETE, LD 30MAPS3/8/2021DP(14-0-0-0)Committee on Natural Resources, Energy & WaterChairman:Gail Griffin, LD 14Vice Chairman:Judy M. Burges, LD 1Analyst:Paul BergelinIntern:Manuel NievesSB 1307(BSI)water; wastewater system; county operation (Now: water; wastewater system; corrective actions) SPONSOR:SHOPE, LD 8NREW3/9/2021DP(10-0-0-0)SB 1429(BSI)solid waste services; private provider SPONSOR:TOWNSEND, LD 16NREW3/9/2021DP(10-0-0-0)Committee on TransportationChairman:Frank P. Carroll, LD 22Vice Chairman:Justin Wilmeth, LD 15Analyst:Jason TheodorouIntern:Jalen RashidSB 1050(BSI)????????? congenital heart defect special plates????? SPONSOR:?? LIVINGSTON, LD 22???????????????????????????????????????????????????????????TRANS???????????????? 3/10/2021????????????? DPA??????????????? (11-0-0-1)???????????????????????????????????????????????????????????(Abs: SHAH)SB 1143(BSI)veterans of overseas conflicts plates SPONSOR:ROGERS, LD 6TRANS3/10/2021DP(11-0-0-1)(Abs: SHAH)SB 1146(BSI)electronic certificates of title SPONSOR:SHOPE, LD 8TRANS3/10/2021DPA/SE(8-3-0-1)(No: ANDRADE, TSOSIE, BLACKWATER-NYGREN Abs: SHAH)SB 1157(BSI)empowering today's youth special plates SPONSOR:KERR, LD 13TRANS3/10/2021DP(11-0-0-1)(Abs: SHAH)SB 1310(BSI)support cancer victims special plates (Now: special plates; cancer; real estate) SPONSOR:SHOPE, LD 8TRANS3/10/2021DP(11-0-0-1)(Abs: SHAH)SB 1312(BSI)veterans; special license plates; design. SPONSOR:BORRELLI, LD 5TRANS3/10/2021DP(11-0-0-1)(Abs: SHAH)Committee on Ways & MeansChairman:Shawnna LM Bolick, LD 20Vice Chairman:Brenda Barton, LD 6Analyst:Vince PerezIntern:Chance StrawdermanSB 1350(BSI)income tax; returns; filing extension.. SPONSOR:LEACH, LD 11WM3/10/2021DP(10-0-0-0)SB 1449(BSI)schools; state aid; adjustment SPONSOR:KERR, LD 13WM3/10/2021DPA(10-0-0-0)SB 1659(BSI)fire district annual budget; summary SPONSOR:LEACH, LD 11WM3/10/2021DPA(10-0-0-0)SB 1734(BSI)agricultural property; reclassification; notice SPONSOR:KERR, LD 13WM3/10/2021DP(9-1-0-0)(No: POWERS HANNLEY)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DPA 8-0-0-0 | 3rd Read 30-0-0-0House: CJR DP 7-0-0-2 HYPERLINK "" \o "Bill Status Inquiry" SB 1067: prisoners; discharge; transition program.Sponsor: Senator Barto, LD 15Caucus & COWOverviewModifies the Arizona Department of Corrections (ADC) requirements for the prison inmate transition program (Program). HistoryThe Arizona Department of Corrections is required to establish a Program providing eligible inmates with transition services (Services) for up to 90 days. ADC must administer the Program and contract with private or nonprofit entities to provide eligible inmates with Services. Certain specified criteria must be met for an inmate to be eligible for Services. Each contract awarded to entities that are providing Services must train mentors and offer specified counseling and treatment (A.R.S. § 31-281).Provisions07981950? 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 NoteRemoves the requirement that an inmate be classified by ADC as a low violence risk to the community to qualify for Services. (Sec. 1)States a prisoner convicted of assault, aggravated assault or robbery is eligible for the Program. (Sec. 1)Terminates the Program on July 1, 2030. (Sec. 2)Contains a retroactivity clause. (Sec. 4)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DPA 8-0-0-0 | 3rd Read 30-0-0-0House: CJR DPA 7-0-0-2 HYPERLINK "" \o "Bill Status Inquiry" SB 1469: forensic evidence testing; postconviction reliefSponsor: Senator Petersen, LD 12Caucus & COWOverviewCreates post-conviction relief procedures for newly available forensic testing.HistoryA person who was convicted of or sentenced for a criminal offense may petition for post-conviction relief on any of the following grounds: 1) the conviction or sentence was unconstitutional; 2) the court lacked jurisdiction; 3) the sentence was not in accordance with the law; 4) the person is being held in custody after the sentence has expired; 5) newly discovered material facts that probably would have changed the verdict exist; 6) a failure to appeal within the prescribed time frame was without fault of the defendant; or 7) there has been a change in the law related to the case (A.R.S. § 13-4231).Laws 2000, Ch. 373 created a specific post-conviction release procedure for deoxyribonucleic acid (DNA) testing. Specifically, an individual may petition for post-conviction relief, which may then result in court-ordered DNA testing. This testing may be at either the expense of the court or at the expense of the petitioner. After DNA testing, the court may seek to add the DNA sample to the Federal Combined DNA Index System Offender Database (A.R.S. § 13-4240).ProvisionsAllows a person convicted of and sentenced for a felony offense to petition for post-conviction relief, including:Forensic testing using a technique not available at the time of sentencing that has become widely accepted in the scientific community of any evidence in the control of the court or the state related to the investigation or prosecution which resulted in the conviction; andEvidence to be uploaded to searchable local, state or national databases that are subject to agency-imposed standards. (Sec. 1)Directs the court to order new forensic testing, after providing notice to and an opportunity to respond by the prosecutor, if it finds all the following apply:A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results were obtained through the new forensic test;The evidence still exists and is in a condition to allow the new forensic test to be conducted;The evidence was not previously subject to the new forensic testing which is requested; andThe new forensic testing may resolve an issue that was not previously resolved by any other testing. (Sec. 1)Requires the court to order responsibility for and method of payment of a court-ordered test. (Sec. 1)Allows the court to appoint counsel for an indigent petitioner. (Sec. 1)Permits the court to make any orders it deems appropriate, including:Procedures to ensure a proper chain of custody and integrity of the evidence;Preservation of some sample for replicating testing; andElimination samples from third parties. (Sec. 1)Provides for new forensic testing to be conducted by the Department of Public Safety crime laboratory, unless either:The original investigating agency has a laboratory that can perform the new forensic test; orThe parties mutually agree on another certified laboratory. (Sec. 1)States that the new procedure does not require the state or a law enforcement agency to retain evidence beyond any existing time period set by law.leftbottom? 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)AmendmentCommittee on Criminal Justice ReformReplaces the requirement that a mutually agreed upon laboratory must be certified by the American Society of Crime Laboratory Directors with a requirement that is must be internationally accredited.ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionHouse: COM DP 8-2-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1044: credit for reinsuranceSponsor: Senator Livingston, LD 22Caucus & COWOverviewReorganizes laws relating to credit of reinsurance into a separate section of statute.HistoryThe National Association of Insurance Commissioners (NAIC) provides expertise, data, and analysis for insurance commissioners to effectively regulate the industry and protect consumers. The U.S. standard-setting organization is governed by the chief insurance regulators from the 50 states, the District of Columbia and five U.S. territories. Through the NAIC, state insurance regulators establish standards and best practices, conduct peer reviews, and coordinate regulatory oversight (). In 2019 the NAIC made revisions to the Credit for Reinsurance Model Regulation (Model Regulation).A domestic ceding insurer is allowed a credit for reinsurance as an asset to or a deduction from liability on account of reinsurance ceded if the reinsurer satisfies requirements as outlined in statute (A.R.S. § 20-261). Reinsurance is the transaction whereby an assuming insurer (reinsurer), in consideration of premium paid, agrees to indemnify another insurer (ceding company) against all or part of the loss which the ceding company may sustain under a specified policy or group of policies which it has issued. The reinsurer shares the risk with the ceding company and receives a portion of the premium paid on the policies.Provisions07981950? 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 NoteRepeals and reorganizes laws relating to credit for reinsurance under Title 20, Chapter 30, Credit for Reinsurance. (Sec 1, 9)Additions to Credit for Reinsurance Laws (Sec. 9)Permits credit when the reinsurance is ceded to an assuming insurer who meets specified conditions which include:Have its head office or be domiciled in and be licensed in a reciprocal jurisdiction;Have and maintain minimum capital and surplus in an amount prescribed by rule;Have and maintain a minimum solvency or capital ratio prescribed by rule;Provide certain documentation to the Director as specified by rule;Maintain a practice of prompt payment of claims under reinsurance agreements;Annually confirm to the Direct that the assuming insurer is in compliance; andProvide to the Director any additional information on a voluntary basis.Allows the Director to adopt rules that specify additional requirements that relate to or set fourth:The valuation of assets or reserve credits; The amount and forms of security supporting reinsurance arrangements; andCircumstances contingent of the credit reduction or elimination.Requires the Director to create and publish a list of qualified reciprocal jurisdictions following certain guidelines.Allows the Director to remove a jurisdiction from the list on a determination of failure to meet requirements.Requires the Director, in a timely manner, to create and publish a list of assuming insurers to which cessions will be granted credit.Allows the Director to add an insurer to the list if certain requirements are metAllows the Director to revoke or suspend the eligibility of an assuming insurer if the Director determines that the assuming insurer no longer meets specified requirements.Prohibits the granting of credit in cases of revocation or suspension.Stipulates the ceding insurer, in a legal process of rehabilitation, liquidation or conservation, to seek and obtain an order requiring the assuming insurer post security for all outstanding ceded liabilities.Outlines certain limitations of credits of reinsurance.Allows the rules adopted by the Director to include regulation of reinsurance arrangements relating to: Life insurance policies with guaranteed nonlevel gross premiums or guaranteed nonlevel benefits; Universal life insurance policies with provisions resulting in the ability of a policyholder to keep a policy in force over a secondary guarantee period; Variable annuities with guaranteed death or living benefits; Long-term care insurance policies; and Any other life and health insurance and annuity products that the NAIC adopts model regulatory requirements with respect to credit for reinsurance. Outlines the applicability and requirements of rules adopted by the Director relating to the regulation of reinsurance arrangements of life and health insurance.Specifies that the authority to adopt rules relating to the regulation of reinsurance arrangements of life and health insurance does not limit the Department's general authority to adopt administrative rules.Specifies the applicability of Credit for Insurance requirements to certain cessions.Contains a purpose, intent and declaration clause. (Sec. 10)Makes technical and conforming changes. (Sec. 2-8)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: COM DP 7-2-0-0 | 3rd Read 19-10-1-0House: COM DP 8-1-0-1 HYPERLINK "" \o "Bill Status Inquiry" SB 1217: securities; exempt transactions.Sponsor: Senator Pace, LD 25Caucus & COWOverviewExempts securities transactions under Tier 2 of federal Regulation A from dealer registration and filing requirements.HistoryThe Arizona Corporate Commission (ACC) Securities Division is responsible for the regulation of securities through the registration of securities that are offered or sold and the registration of dealers who transact securities in the State. The sale of a federally covered security that is compliant with AAC filing requirements is exempt from further requirements to register securities (A.R.S. § Title 44, Chapter 12). Statute outlines exempted transactions when it comes to dealer registration and AAC filing requirements (A.R.S. § 44-1844). A federal covered security is any security described as a covered security in Section 18 of the Securities Act of 1933 (A.R.S. § 44-1801).Securities offered or sold under federal Regulation A, Tier 2 are considered federally covered securities. An issuer of securities is exempt from federal securities registration requirements under Regulation A, Tier 2 if the issuer qualifies with the U.S. Securities and Exchange Commission and the sum of the aggregate offering price and the aggregate sales of securities does not exceed $50,000,000, including a maximum of $15,000,000 offered by securityholders that are affiliates of the issuer. Purchases of federal Regulation A, Tier 2 securities that are not made by an accredited investor are subject to a cap of 10 percent of the purchaser's annual income or net worth or 10% of the purchaser's revenue or net assets (17 C.F.R. §§ 230.251 – 230.263).Effective March 15, 2021, the exemption amounts under Regulation A, Tier 2 will be increased to an aggregate amount not to exceed $75,000,000, including a maximum of $22,500,000 offered by securityholders.ProvisionsExempts transactions by an issuer, its parent or subsidiary companies and other outlined parties from the requirement to register as a dealer and ACC filing requirements when offering or selling securities of the issuer pursuant to federal Regulation A, tier 2 if:The sum of the aggregate offering price and aggregate sales does not exceed $75,000,000; and No more than $22,500,000 is offered by all selling securityholders that are affiliates of the issuer. (Sec. 1)07981950? 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 NoteMakes technical changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: COM DP 9-0-0-0 | 3rd Read 29-0-1-0House: COM DP 8-1-0-1 HYPERLINK "" \o "Bill Status Inquiry" SB 1218: nonhealth professions; occupations; regulations.Sponsor: Senator Pace, LD 25Caucus & COWOverviewModifies the factors to be considered by a legislative committee of reference (COR) during both initial consideration of occupational regulations and sunset reviews of agencies which administer occupational regulations.HistoryA profession or occupation may only be regulated to protect the public interest. Nonhealth professions may only be regulated if all the following apply to that profession:An unregulated practice can clearly harm the public health, safety or welfare;The public benefit clearly exceeds the costs imposed on consumers, businesses and individuals; andThe public needs and can be expected to benefit from assuring professional ability and cannot be protected by private certification or other alternatives (A.R.S. § 32-4401).Each standing committee of the House of Representatives and Senate makes up a COR, which is empowered to review sunset reports of state agencies (A.R.S. § 41-2954).ProvisionsRequires a COR to consider, in determining the need for continuation or termination of an agency, the agency's ability to timely investigate and resolve complaints under its jurisdiction. (Sec. 1)Directs each COR that reviews an agency that administers occupational regulations to consider, in determining the need for continuing or terminating the agency, the extent to which:The occupational regulation meets specified requirements; andFailure to regulate a profession or an occupation will result in:Loss of insurance;An impact to the ability to practice in other states or as required by federal law;An impact to required licensure or registration with the federal government; andThe loss of constitutionally afforded practices. (Sec. 1)Stipulates if a COR reviews a state agency that administers an occupation regulation the COR must recommend the Legislature:Repeal the occupational license;Convert the occupational license to a less restrictive regulation; orInstruct the state agency to seek legislation or adopt rules that reflect the COR's recommendation. (Sec. 1) Prohibits occupational regulation from being imposed for the exclusive purpose of protecting a profession from economic competition. (Sec. 5)Extends, from all proposed legislation to all regulation, the applicability of first-time reviews for occupational regulations. (Sec. 5)Modifies the criteria that must be met during first-time reviews in determining if a profession or occupation must be regulated to include:Credible evidence of harm that an unregulated practice threatens public health, safety or welfare in Arizona;Need and reasonable expectation to benefit from government regulation; andInability of the public to be effectively protected by less restrictive regulations. (Sec. 5)Removes the requirement that a COR must examine data evidencing actual harm to the public resulting from the industry being considered for regulation. (Sec. 5)Allows a COR to consider information from state agencies and others with knowledge of the occupation or labor-market economics when evaluating criteria for occupational regulation. (Sec. 5)Directs the COR to provide findings and recommendations to the relevant standing committee, which must address the appropriate type of regulation, scope of practice, and the impacts of a failure to regulate the occupation. (Sec. 5)Specifies the criteria for evaluating the need for occupational regulations do not preempt federal regulations or require a private organization to grant or deny private certifications. (Sec. 5)Defines government certification, government registration, lawful occupation, less restrictive regulation, occupational or professional license, occupational regulation, personal qualifications and private certification. (Sec. 4)Transfers statute relating to regulation of nonhealth professions and occupations from Title 32 Professions and Occupations to Title 41 State Government. (Sec. 2, 3)Makes technical and conforming changes. (Sec. 1, 5, 6) rightbottom? 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 NoteARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: COM DP 8-1-0-0 | 3rd Read 19-10-1-0House: COM DP 8-2-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1272: nonhealth board directors; advocacy; legislationSponsor: Senator Mesnard, LD 17Caucus & COWOverviewLimits legislative advocacy by directors of nonhealth regulatory boards until the board adopts a formal position in a public meeting.HistoryIn order to engage in a regulated profession or occupation, one must apply to the relevant board or agency and be granted the appropriate authorization. Nonhealth profession regulatory boards include: 1) the Arizona Board of Technical Registration; 2) the Board of Barbers; 3) the Board of Cosmetology; 4) the Arizona State Board of Accountancy; 5) the Board of Funeral Directors and Embalmers; 6) the Real Estate Advisory Board; 7) the State Board for Private Postsecondary Education; and 8) the Board of Certified Reporters (A.R.S. Title 32).Public meeting laws require all public bodies, including all boards and commissions of the state, to allow all interested people to attend and listen to their deliberations, with narrow exceptions (A.R.S. § 38-431.01). Furthermore, notice that includes the proposed topics for deliberation must be provided to the public in advance (A.R.S. § 38-431.02).Provisions07981950? 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 NoteProhibits the director of a nonhealth profession regulatory board from advocating on legislation in the director's official capacity until the board adopts a formal position on that proposal in a public meeting. (Sec. 1)Removes archaic language. (Sec. 1)Makes technical changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: COM DP 9-0-0-0 | 3rd Read 29-1-0-0House: COM DP 10-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1378: office of Sonora; continuationSponsor: Senator Mesnard, LD 17Caucus & COWOverviewContinues the Office of Sonora for eight years.HistoryIn 1993, the Legislature established the Office of Sonora within the Governor's Office. The Office of Sonora facilitates the implementation of the North American Free Trade Agreement, and the flow of information, commercial relationships, educational and training exchange programs and tourism growth between Arizona and Sonora, Mexico. The Office of Sonora must: 1) assist the Arizona-Mexico Commission; 2) support activities of various state agencies in Sonora, Mexico; 3) contract with or assist other departments, agencies and institutions of the state, local and federal government to further the Office of Sonora's purposes, objectives and programs; 4) contract and enter into interagency and intergovernmental agreements with any private party or public agency; and 5) inform and advise, on request and within the scope of the Office of Sonora, local, state and federal agencies and private citizens, business enterprises and community organizations (A.R.S. § 41-107).Provisions07981950? 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 NoteContinues, retroactive to July 1, 2021, the Office of Sonora until July 1, 2029. (Sec. 2, 4)Repeals the Office of Sonora on January 1, 2030. (Sec. 2)Contains a purpose statement. (Sec. 4)Makes a conforming change. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: ED DP 7-0-1-0 | 3rd Read 30-0-0-0House: ED DP 10-0-0-0SB 1114: schools; required posting; abuse hotlineSponsor: Senator Mesnard, LD 17Caucus & COWOverviewInstructs schools to post a sign containing specified information regarding the reporting of child abuse, neglect or exploitation.HistoryStatute requires any person who reasonably believes that a minor is or has been the victim of physical injury, abuse, child abuse, a reportable offense or neglect to immediately report this information to a peace officer, the Arizona Department of Child Safety (DCS) or to a tribal law enforcement or social services agency (A.R.S. § 13-3620).The Arizona Child Abuse Hotline (Hotline) is operated by DCS for the purpose of receiving communications concerning suspected child abuse and neglect. The Hotline allows any individual who reasonably believes a minor to be a victim of abuse to report the suspected child abuse through a toll-free telephone number and electronic reporting service. Specific accusations of child abuse may include physical abuse, sexual abuse, neglect, emotional abuse, exploitation and abandonment (A.R.S. § 8-455).Provisions07981950? 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 NoteRequires each school operated by a school district or charter school to post a sign in a clearly visible location in a public area that is readably accessible to students that contains:The telephone number of the Hotline;Instructions to call 911 for emergencies; andDirections for accessing the DCS website for more information on reporting child abuse, neglect and exploitation. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: ED DP 8-0-0-0 | 3rd Read 29-1-0-0 House: ED DP 9-1-0-0SB 1296: collegiate athletics; compensationSponsor: Senator Shope, LD 8Caucus & COWOverviewPermits a student athlete who participates in intercollegiate sports to earn compensation from the use of their own name, image or likeness. HistoryThe Revised Uniform Athlete Agents Act governs contracts between student athletes and athlete agents. The act: 1) outlines required provisions in a student athlete's contract; 2) requires notification to be given to the educational institution at which the student athlete is enrolled; 3) allows the student athlete to cancel the contract within 14 days of signing; and 4) prohibits certain athlete agent conduct, including providing materially false or misleading information, with the purpose of getting a student athlete to enter into a contract (A.R.S. §§ 15-1770, 15-1771, 15-1772, 15-1774).The Revised Uniform Athlete Agents Act defines: Athlete agent as an individual who recruits or enters into a contract with a student athlete; Intercollegiate sport as a sport that is played at the collegiate level and for which eligibility requirements for participation are established by a national association of collegiate athletics; Person as an individual, corporation, governmental subdivision, or any other legal or commercial entity; Student athlete as an individual who engages in — or is eligible to engage in — any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student athlete for purposes of that sport. (A.R.S. § 15-1762) Provisions07981950? 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 NoteRequires a postsecondary education institution that competes in an intercollegiate sport to allow, to the extent permitted by the relevant national association for regulating collegiate athletics, a student athlete to earn compensation from the use of the student athlete's own name, image or likeness. (Sec. 1) Prohibits a student athlete from having a scholarship revoked or denied or being deemed ineligible for participating in intercollegiate athletics based on earning compensation for the use of their own name, image or likeness. (Sec. 1)Requires any athlete agent, who represents a student athlete earning compensation from their own name, image or likeness, to comply with the Revised Uniform Athlete Agents Act as outlined in statute. (Sec. 1)Prohibits a student athlete from entering into a contract providing compensation for the use of their own name, image or likeness if doing so: Violates the intellectual property rights of any person, including the student athlete's postsecondary education institution; or Conflicts with their team contract. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: ED DP 7-0-1-0 | 3rd Read 29-1-0-0House: ED DP 7-3-0-0SB 1376: schools; curriculum; mental healthSponsor: Senator Bowie, LD 18Caucus & COWOverviewDirects the State Board of Education (SBE) to require that all health education instruction include mental health instruction. HistorySBE must prescribe competency requirements for the promotion of students from 3rd and 8th grades and the graduation of students from high school. These competency requirements must incorporate the academic standards in at least the areas of reading, writing, mathematics, science and social studies. (A.R.S. § 15-701, 15-701.01)Current Arizona Health Standards set by SBE are divided into eight content strands: Comprehension of Health Promotion and Disease Prevention Concepts; Analysis of Factors Affecting Health Behaviors; Access to Health Information, Products, and Services to Enhance Health; Use of Interpersonal Communication Skills to Enhance Health; Use of Decision-Making Skills to Enhance Health; Use of Goal-Setting Skills to Enhance Health; Ability to Practice Health-Enhancing Behaviors; and Ability to Advocate for Health (Arizona Health Standards).Provisionsleftbottom? 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 NoteDirects SBE, when adopting course of study and competency requirements, to require that all health education instruction include mental health instruction. (Sec. 1)States that mental health instruction may be included in a health course or another existing course. (Sec. 1) Requires mental health instruction to incorporate the multiple dimensions of health by including: The relationship of physical and mental health to enhance student understanding; Social and emotional learning; andAttitudes and behavior that promote health and well-being. (Sec. 1)Instructs SBE to consult with: Mental health experts, including representatives from the Department of Health Services; Arizona-based mental health advocacy organizations; and The Arizona Department of Education. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: ED DP 5-2-1-0 | 3rd Read 19-10-1-0House: ED DP 8-2-0-0SB 1401: alternative teacher development program; extensionSponsor: Senator Boyer, LD 20Caucus & COWOverviewContinues the Alternative Teacher Development Program (Program) to July 1, 2030.HistoryThe Program accelerates the process of identifying, training and placing highly qualified individuals into low-income schools through the use of teaching intern certification and the identification of a qualified service provider. The State Board of Education must award a matching grant to a service provider that demonstrates that its Program serves Arizona public schools and that it:Is a nonprofit alternative teacher recruitment organization providing services in Arizona for at least 10 years;Serves only public schools with a majority of low-income students; Requires participants to hold accredited baccalaureate degrees; Maintains a competitive application and selection process; Requires all participating individuals to commit to serving at least two years as a teacher in a low-income Arizona public school; and Provides ongoing support, evaluations and professional development to teachers placed in a classroom.(A.R.S. § 15-552).The service provider must annually report to the Arizona Department of Education:The number of teachers placed in low-income schools; The number of students served; Demographic data of students in classrooms served by teachers; A listing of public schools in which teachers were placed; Collected classroom-level data that demonstrates the academic progress of students; A descriptive summary of ongoing support, evaluations and professional development to Program teachers; The performance classifications of Program teachers; and A total of all matching monies raised (A.R.S. § 15-552)Laws 2015, Chapter 226 continued the Program to July 1, 2020.Provisions07981950? 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 NoteContinues the Program to July 1, 2030. (Sec. 1)Contains a retroactivity clause of July 1, 2020. (Sec. 1)Makes technical changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: ED DPA/SE 7-0-1-0 | 3rd Read 29-0-1-0House: ED DP 10-0-0-0SB 1404: state seal of biliteracy; assessmentSponsor: Senator Boyer, LD 20Caucus & COWOverviewModifies the English language arts examinations a student must pass to receive a high school diploma with a state seal of biliteracy.HistoryThe State Seal of Biliteracy Program (Program) recognizes students who graduate from an Arizona public school and who have attained a high level of proficiency in one or more languages that are in addition to English. Students are awarded, upon high school graduation, a high school diploma with a state seal of biliteracy if the student: 1) completes all English language arts requirements with a 2.0 grade point average or higher; 2) passes the end-of-course examination in English language arts; 3) demonstrates proficiency in one or more languages other than English; and 4) obtains a proficient or higher score if the student’s primary language is not English.The SPI creates and delivers to each public school a state seal of biliteracy that is affixed to the diploma and noted on the transcript of the student who meets the requirements. Any public school may voluntarily participate in the Program by notifying their intent to participate to the SPI (A.R.S. § 15-258).A standardized, nationally-normed written test of academic subject matter must be administered at least once each year to all Arizona public school children who are in the 2nd-12th grades in order to ensure educational progress in academic subjects and learning in English is properly monitored (A.R.S. § 15-755). Provisions07981950? 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 NoteAllows a student to pass an English language arts examination to receive a high school diploma with a state seal of biliteracy, rather than only the English language arts end-of-course examination. (Sec. 1)Contains a retroactivity clause of July 1, 2020. (Sec. 2)Makes technical changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: FIN DP 9-0-1-0 | 3rd Read 29-0-1-0House: GOV DP 12-0-0-1 HYPERLINK "" \o "Bill Status Inquiry" SB 1046: member distributions; deferred retirement; transfersSponsor: Senator Livingston, LD 22Caucus & COWOverviewMakes various changes to statute relating to the Public Safety Personnel Retirement System (PSPRS) deferred retirement option plan (DROP) beneficiaries.HistoryEmployee and employer contributions pursuant to statute cease beginning on the day after the date a member elects to participate in DROP. If a member dies during the period of the member's DROP participation, the member's designated beneficiary is entitled to receive all amounts in the DROP participation account (A.R.S. § 38-844.06).A member who participates in DROP must designate a beneficiary and this designation applies to all distributions pursuant to DROP. If the designated beneficiary predeceases a DROP participant who dies before designating a new beneficiary, all DROP distributions must be made to the estate of the participant (A.R.S. § 38-844.07).ProvisionsRequires the system's trustee to transfer the entire amount in the member's DROP participation account to the trustee of the Public Safety Personnel Defined Contribution retirement plan and deposit in an account on behalf of the member if a member dies during the period of the member's DROP participation. (Sec. 2)Stipulates that, on deposit of the monies in the account, the monies must be made immediately available to the member's beneficiary to either withdraw or directly transfer all or any portion of the monies to an eligible retirement plan in accordance with the Internal Revenue Code. (Sec. 2, 6)Specifies that a member's beneficiary designation applies to all amounts in the member's DROP participation account. (Sec. 3)States that if a DROP participant dies before designating a new beneficiary, the beneficiary must be the following people in the following order of priority:The participant's surviving spouse;The participant's natural or adopted children in equal shares; orThe participant's estate. (Sec. 3)Allows a member's surviving spouse beneficiary who is entitled to receive an eligible rollover distribution to elect to directly roll over all or part of that distribution to an eligible retirement plan. (Sec. 5)Authorizes a member's nonspouse beneficiary to elect to directly roll over all or part of an eligible rollover distribution on the death of the member only to an eligible retirement plan as defined in statute. (Sec. 5)Requires the eligible rollover distribution to an eligible retirement plan to be made in the form of a direct trustee-to-trustee transfer to the specified eligible retirement plan.Specifies that this distribution must be made in the form and at the time prescribed by the board. (Sec. 5)Stipulates that all rollovers made are subject to the following under the Internal Revenue Code:Direct rollover requirements;Rollover notice requirements that are not less than 30 days and not more than 180 days before the distribution date; andMandatory withholding requirements. (Sec. 5)Defines beneficiary, participant and separate transfer account. (Sec. 6)Modifies the definition of eligible retirement plan. (Sec. 1)Makes technical and conforming changes. (Sec. 2-4)07981950? 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 NoteContains a retroactivity clause of January 1, 2020. (Sec. 7)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: FIN DP 9-0-1-0 | 3rd Read 29-0-1-0House: GOV DP 12-0-0-1SB 1051: ASRS; employer payments; ineligible contributionsSponsor: Senator Livingston, LD 22Caucus & COWOverviewRemoves the current requirement for a determination to be made that the Arizona State Retirement System (ASRS) is legally obligated to supply certain items related to employer payments and ineligible contributions.HistoryUnfunded liability means that for an individual who is not eligible by statute or rule for ASRS membership, it is the amount that the present value of the individual's benefit or credit exceeds the amount in the individual's ASRS account calculated as of the date that ASRS or a court first determines that ASRS is legally obligated to provide any benefit or credit to that individual. Statute requires an employer to pay any unfunded liability if an employer pays contributions on behalf of any person ineligible by statute or rule for ASRS membership or pays contributions on compensation that is ineligible by statute or rule for ASRS contributions and either ASRS or a court determines that ASRS is legally obligated to provide a person with any benefit or credit based on such contributions (A.R.S. § 38-748).Provisions07981950? 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 NoteMandates that an employer must pay to ASRS any unfunded liability if a court determines that ASRS must, rather than be legally obligated to, provide a person with any benefit or credit based on ineligible contributions. (Sec. 1)Stipulates that credited service ceases to accrue as of the date that ASRS or a court first determines that ASRS must, rather than be legally obligated to, provide any benefit or credit to the person. (Sec. 1)Modifies the definition of unfunded liability to state that for a person ineligible by statute or rule for ASRS membership as the amount of a person's benefit or credit that exceeds the amount in the person's ASRS account as of the date that ASRS or a court first determines that ASRS must provide any benefit or credit to the person. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: GOV DPA 7-0-1-0 | 3rd Read 29-0-1-0House: GE DPA 13-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1107: redistricting; petition signatures; 2022 candidatesSponsor: Senator Mesnard, LD 17Caucus & COWOverviewStipulates that the basis for determining the required number of signatures is the number of qualified signers in the elective district, office or precinct that was effective on January 2 of the year of a general election.HistoryFor various elective candidates, nomination petitions are to be signed by a specified number of qualified signers that is equal to the requirements detailed in statute. If new boundaries for congressional, legislative or supervisorial districts or justice or election precincts are established and effective subsequent to January 2 of the year of a general election and before the date for filing of nomination petitions, the required number of signatures is modified. The basis for determining the required number of nomination petition signatures in that case is the number of qualified signers in the elective district, office or precinct on the day the new districts or precincts are effective (A.R.S. § 16-322).ProvisionsSpecifies that the basis for determining the number of required signatures on a nomination petition is based on the number of qualified signers in the elective district, office or precinct that was effective on January 2 of the year of a general election. (Sec. 1)Requires the Secretary of State, for candidates in the 2022 election to the Legislature or United States Congress, to accept as a valid filing the nomination paper and petition of a person that designate a district for that person's candidacy. (Sec. 2)Stipulates that any or all of the following must be used for a legislative or congressional candidate:The candidate's legislative or congressional district as used in the 2020 elections;The candidate's legislative or congressional district as designated in a redistricting plan adopted by the 2021 Independent Redistricting Commission; orThe candidate's legislative or congressional district as designated in a redistricting plan that is ordered by a court of competent jurisdiction for use in the 2022 election. (Sec. 2)07981950? 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 NoteSpecifies that if the above requirements are met, the Secretary of State must accept as a valid filing the nomination petition and paper and acknowledge the petition signers are valid. (Sec. 2)States that this does not apply to statements of interest, nomination papers and petitions for a special election to fill a vacancy in the office of the United States House of Representatives. (Sec. 2)Contains an emergency clause. (Sec. 3)AmendmentsCommittee on Government & ElectionsStipulates that each county board of supervisors must divide the county into supervisorial districts by July 1, 2022.ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: GOV DPA 7-1-0-0 | 3rd Read 28-1-1-0House: GE DP 12-1-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1351: fire districts; amendmentsSponsor: Senator Borrelli, LD 5Caucus & COWOverviewMakes numerous changes to statute relating to fire districts and noncontiguous county island fire districts (county island districts).HistoryFire District BoardsFire districts are governed by three-member or five-member district boards, depending on the population of the fire district. If a vacancy occurs on the district board for any reason other than expiration of a term, a quorum of the remaining board must fill the vacancy by appointment of an interim member (A.R.S. § 48-803). Fire district boards are permitted to employ any personnel and provide services deemed necessary for fire protection, for preservation of life and for carrying out its other powers and duties, including providing ambulance transportation services when authorized to do so pursuant to statute. Additionally, they may construct, purchase, lease, lease-purchase or otherwise acquire apparatus, water and rescue equipment or land, buildings, equipment and furnishings to house equipment and personnel necessary or appropriate to carry out its purposes. These boards are also allowed to enforce, amend and revise the fire code of the district, contract with a city or town for fire protection services and procure the services of an organized private fire company or department of a neighboring city, town, district or settlement (A.R.S. § 48-805).Statute allows for fire district consolidations to either be approved by the voters of the fire district at a consolidation election, or if certain conditions are met, the fire district board may vote to consolidate two or more fire districts by either unanimous or majority vote (A.R.S. § 48-822).County Island DistrictsCounty island districts are required to maintain and store all permanent public records in an electronic media or digital imaging format based off standards established by the Arizona State Library, Archives and Public Records (State Library). The Director of the State Library must approve an acceptable electronic or digital format for that fire district and the county in which the fire district is located must maintain an official copy of that district's permanent public records. (A.R.S. § 48-853).ProvisionsFire Districts07981950? 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 NoteStipulates that a member's position on a fire district board is declared vacant upon expiration of their term of office, unless filled at a general election or by appointment if only one nominating petition is filed to fill the position. (Sec. 1)States that a vacancy that occurs due to the expiration of a fire district board member's position must be filled by:Appointment by a quorum of the fire district board within 90 days of the beginning of the new term of office; orThe county board of supervisors, if the fire district is unable to establish a quorum. (Sec. 1)Permits a fire district that contracts for fire and emergency medical services to designate the fire chief of the service provider as the fire district fire chief. (Sec. 1)Requires a fire district board to obtain an appraisal of real property by a licensed or certified appraiser for the sale of real property. (Sec. 3)Directs the appraiser to determine the market value for the real property and forbids a fire district board from accepting a bid that is less than 75% of the appraised market value. (Sec. 3)Stipulates that if a real property has no market value or a net value of $10,000 or less, the fire district board may use a market analysis that is based on comparable sale to value the property. (Sec. 3)Permits a fire district board to sell or lease any district property to any other duly constituted government entity, including the state, a city, town, county, political subdivision or special taxing district, on any terms deemed advantageous to the fire district. (Sec. 3)Allows a fire district board to grant by unanimous consent an easement on district property for public purposes to a utility as defined in statute. (Sec. 3) Permits a fire district board, if a fire district consolidation is approved by a board vote pursuant to statutory requirements, to declare the fire district consolidated by resolution. (Sec. 4)Requires a fire district, if a fire district consolidation is approved by a majority vote for a fire district that has obtained a consolidation, merger or joint alternatives study or has a tax rate above the allowable tax rate, to receive written consent to the consolidation from any tax payer within the fire districts that owns 30% or more of the net-assessed value of the fire district. (Sec. 4)County Island Districts Directs a county island district budget to be posted and published in a newspaper of general circulation in that district for at least 20 days before a public hearing can be called to adopt the budget. (Sec. 5) Mandates that county island districts must adopt the Arizona Fire Codes, rather than the applicable municipal fire code. (Sec. 5) Removes the following requirements from statute:That all public records of a county island district be maintained in an electronic media or digital imaging format;That the Director of the State Library must approve an acceptable electronic media or digital imaging format for a county island district;A copy of the permanent public records of a county island district be maintained by the county in which the county island district resides; andThe copy of the permanent public records must be provided to the county by the district annually no later than 90 days after the end of the fiscal year. (Sec. 5) Makes technical and conforming changes. (Sec. 1-5)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: APPROP DPA/SE 6-4-0-0 | 3rd Read 16-14-0-0House: GE DP 7-6-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1485: early voting list; eligibilitySponsor: Senator Ugenti-Rita, LD 23Caucus & COWOverviewOutlines the eligibility for a voter to be placed and stay on the early voting list rather than the permanent early voting list.HistoryAny registered voter can request to be included in the permanent early voting list (PEVL) and therefore will receive an early ballot by mail for any election for which the county voter registration roll is used to prepare the election register. A voter may be removed from the PEVL if:The voter requests in writing to be removed from the PEVL;The voter's registration or eligibility is moved to inactive status or canceled as otherwise provided by law; orThe notice sent by the county recorder or other officer in charge of elections is returned undeliverable and the county recorder or other officer in charge of elections is unable to contact the voter to determine the voter's continued desire to remain on the list (A.R.S. § 16-544). Provisions07981950? 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 NoteRemoves references to the permanent early voting list and renames this as the early voting list. (Sec. 1-6)Stipulates that the county recorder must remove a voter from the early voting list if the voter fails to vote an early ballot in both the primary and general elections for two consecutive primary and general elections for which there was a federal, legislative or statewide race on the ballot.Specifies that this does not apply to a special taxing district that is authorized by statute to conduct its own elections or a special district mail ballot election. (Sec. 6)Requires the county recorder or other officer in charge of elections, by December 1 of each even-numbered year, to send a notice to each voter on the early voting list who did not vote in both the primary and general elections for the two most recent general elections for federal office. (Sec. 6)Specifies that the notice must inform the voter that if the voter would like to remain on the early voting list, the voter must do the following:Confirm in writing the voter's desire to remain on the early voting list; andReturn the completed and signed notice that contains the voter's address and date of birth to the county recorder or other officer in charge of elections within 30 days of receipt of the notice. (Sec. 6)Directs the county recorder or other officer in charge of elections to remove the voter from the early voting list if the voter does not respond to the notice within the 30-day time period. (Sec. 6)Makes technical and conforming changes. (Sec. 1, 3-6)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: GOV DP 7-0-1-0 | 3rd Read 30-0-0-0House: GE DP 13-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1601: municipal ordinances; penalties; noticeSponsor: Senator Gowan, LD 14Caucus & COWOverviewStipulates that the governing body of a city or town may not impose a penalty for rubbish removal until certain statutory requirements have been met.HistoryThe governing body of a city or town, by ordinance, is required to compel the owner, occupant or lessee of property to remove from the property and its contiguous sidewalks, alleys and streets any weeds, rubbish, trash or other accumulation of debris, filth or dilapidated buildings that constitute a hazard to public health and safety.An ordinance is required to include written notice to the owner, their authorized or statutory agent and to the occupant or lessee. This notice must be served by certified mail or by personal service and given not less than 30 days before the day set for compliance. Additionally, the notice is required to include the legal description of the property and the cost of such removal to the city or town if the owner, lessee or occupant does not comply. The owner is given not less than 30 days to comply with the notice. The ordinance must also include provisions for appeal on both the notice and the assessments, unless the abatement or removal is ordered by a court (A.R.S. § 9-499).ProvisionsProhibits the governing body of a city or town from imposing a penalty, fine or assessment for a violation of rubbish removal until the following have occurred:The statutorily required notice has been met; andThe time to request an appeal of the notice and the assessment as required in statute has elapsed. (Sec. 1)07981950? 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 NoteMakes technical and conforming changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: GOV DP 7-0-1-0 | 3rd Read 29-0-1-0House: GE DP 13-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1802: holiday; code talkers daySponsor: Senator Peshlakai, LD 7Caucus & COWOverviewCreates the National Dine, Hopi and Indigenous Code Talkers Day on August 14.HistoryThe enumerated list of holidays Arizona observes are outlined in current statute, with examples being New Year's Day, Independence Day and Veterans' Day (A.R.S. Title 1, Chapter 3).In 1982, President Ronald Reagan declared August 14 as National Navajo Code Talkers Day, which was stated as a day dedicated to all members of the Navajo Nation and all Native Americans who gave of their lives and special talents so that others might live (Proclamation 4954).The word Dine is the name for the Navajo people and is from their own language meaning "the people" (Dine).The Hopi tribe helped in the communications coding efforts during World War II in addition to the Navajo tribe. Eleven Hopi men developed a code language that was used to assist U.S. Army Intelligence during the Second World War (Hopi Code Talkers).Provisions07981950? 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 NoteEstablishes August 14 as National Dine, Hopi and Indigenous Code Talkers Day. (Sec. 1)Stipulates that if this holiday falls on a day other than Sunday, the Sunday following August 14 will be observed as that holiday. (Sec. 1)Makes conforming changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 8-0-0-0 | 3rd Read 30-0-0-0House: HHS DP 9-0-0-0SB 1016: physicians; naturopathic medicineSponsor: Senator Barto, LD 15Caucus & CowOverviewUpdates various statutes to include the services of naturopathic physicians (NPs).HistoryThe Naturopathic Physicians Medical Board (Board) is responsible for regulating NP licensure, naturopathic medical students certified for clinical training, graduates certified to participate in preceptorship training and naturopathic medical assistants working under the supervision of a licensed NP (Board). Applicants for NP licensure must: 1) be a graduate of an approved school of naturopathic medicine; 2) have completed an approved internship, preceptorship or clinical training program in naturopathic medicine; 3) possess a good moral and professional reputation; 4) be physically and mentally fit to practice; 5) not be guilty of any act of unprofessional conduct; 6) not have a refused, revoked or suspended licensed to practice in any other state; and 7) meet examination requirements (A.R.S. § 32-1522) The practice of naturopathic medicine includes diagnosing and treating diseases, injuries, ailments, infirmities and other conditions of the human mind and body. NPs may choose to treat and diagnose patients through natural means, drugless methods, drugs, nonsurgical methods, devices, physical, electrical, hygienic and sanitary measures and all forms of physical agents and modalities (A.R.S. § 32-1501). Provisions07981950? 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 NotePermits NPs to issue standing orders that allows an employee of a school district or charter school who is trained in the administration of epinephrine auto-injectors to administer or assist in the administration of an epinephrine auto-injector to a pupil or an adult who the employee believes to be exhibiting symptoms of anaphylactic shock. (Sec. 3) Grants NPs immunity from civil liability with respect to all decisions made and actions taken that are based on good faith implementation in regard to issuing standing orders to allow school districts or charter schools to administer epinephrine auto-injectors. (Sec. 3) Requires the State Board of Education to adopt rules that prescribe the procedures for annually requesting a standing order for epinephrine auto-injectors, inhalers and spacers from NPs. (Sec. 4) Exempts pupils from penalties for excessive absenteeism given the pupil has completed the course requirements and whose absence from school is due solely to illness, disease or accident as certified by a licensed NP. (Sec. 5) Requires the Arizona Department of Transportation to provide on each driver license and nonoperating identification license a space where a licensee can indicate that the licensee suffers from some type of adverse medical condition upon the presentation of a signed statement from a licensed NP. (Sec. 6)Allows a licensed NP who is competent to determine a significant exposure risk to perform an HIV-related test on a health care provider or first responder who has had an occupational significant exposure risk to a patient’s blood or bodily fluid. (Sec. 8) Prohibits a licensed NP, who tests a health care provider or first responder due to a significant exposure to a protected person’s blood or bodily fluid, from disclosing communicable disease-related information. (Sec. 9) Requires the director of the Department of Health Services (DHS) to adopt rules and regulations establishing an effective procedure under which NPs must report to DHS all analyses of blood samples which indicate significant levels of lead. (Sec. 10) Includes NPs in the definition of a health care provider, submitting entity and physician. (Sec. 1, 2, 7 and 11). Makes technical changes. (Sec. 7 and 10)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 7-0-1-0 | 3rd Read 29-0-1-0House: HHS DP 9-0-0-0SB 1094: substance abuse treatment; AHCCCSSponsor: Senator Pace, LD 25Caucus & CowOverviewTransfers the administrative responsibility of the Arizona Families in Recovery Succeeding Together (F.I.R.S.T.) Program from the Department of Health Services (DHS) to the Arizona Health Care Cost Containment System (AHCCCS). HistoryEstablished in 2000, the Arizona Families F.I.R.S.T. (AFF) Program provides communities in Arizona with substance abuse treatment and support services to help individuals whose substance abuse proves to be a barrier to family reunification and self-sufficiency. Under current law, the Department of Child Safety (DCS) works in partnership with DHS to administer the AFF Program to: 1) determine eligibility and develop a screening process; 2) determine training and technical assistance that is to be provided to community programs; 3) work in collaboration with public and private agencies, programs and service providers; 4) coordinate and integrate funding sources for services; 5) determine the scope of family-centered services that are to be provided; and 6) develop procedures for sharing information (A.R.S. § 8-882). DCS and DHS must also jointly develop requirements for contractors who provide prevention and substance abuse treatment and prescribe program evaluation standards that are consistent with increasing the availability, timeliness and accessibility of substance abuse treatment (A.R.S. §§ 8-883 and 8-884).Established in 1981, AHCCCS is Arizona’s Medicaid program that oversees contracted health plans to coordinated and provide physical and behavioral health care to individuals and families who qualify for Medicaid and other medical assistance programs. Laws 2015, Chapter 19 transferred the administration of behavioral health services under the Division of Behavioral Health Services from DHS to AHCCCS, excluding the Arizona State Hospital. Provisions07981950? 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 NoteTransfers the administrative responsibility of the AFF Program from DHS to AHCCCS in partnership with DCS. (Sec. 1-3) Makes technical changes. (Sec. 1-3)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 8-0-0-0 | 3rd Read 29-0-1-0House: HHS DP 9-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1219: donated medicine; requirementsSponsor: Senator Barto, LD 15Caucus & COWOverviewRepeals the Prescription Medication Donation Program (Program) and establishes requirements and procedures for the donation, transfer, receipt and facilitation of donated prescription medication.HistoryLaws 2006, Chapter 136 required the Board of Pharmacy (Board) to establish the Program to accept and dispense donated prescription medications. A person, manufacturer or health care institution can donate prescription medications to a participating physician's office, pharmacy, hospital or health care institution. A participating entity must dispense donated prescription medicine either directly or through participating governmental or nonprofit private entities. Prescription medications must be accepted or dispensed in their original sealed and tamper-evident unit dose packaging. However, if the medication is packaged in single unit doses, it can be accepted and dispensed even if the outside packaging is opened if the single unit dose packaging is undisturbed (A.R.S. § 32-1909).ProvisionsDonation and Disposal RequirementsPermits a donor to donate medicine to an authorized recipient after the authorized recipient verifies and records:That the donor is legally authorized to possess the medicine;The donor's name, address and phone number and permit or license number, if applicable; andThat the donor will remove or redact any patient names and prescription numbers on donated medicine or will otherwise maintain patient confidentiality by executing a confidentiality agreement with the authorized recipient. (Sec. 2)Allows an authorized recipient to make a one-time transfer of donated medicine to another authorized recipient or to an entity participating in a drug donation program operated by another state. (Sec. 2)Stipulates an authorized recipient can accept into inventory only donated medicine that:Is in unopened, tamper-evident packaging or that has been repackaged;Is not adulterated or misbranded;Has been maintained in accordance and in compliance the United States Food and Drug Administration risk evaluation and mitigation strategies, if applicable; andIs accompanied by an attestation from the donor stating the medicine being donated has been kept in a temperature-controlled environment and has not been adulterated. (Sec. 2)Permits an authorized recipient to accept into inventory a donated biologic only if the donated biologic meets the aforementioned requirements and is donated by a health care professional or an entity legally authorized to possess the biologic. (Sec. 2)Stipulates that donated medicine that does not meet the aforementioned requirements must be disposed of by returning it to the donor, destroying it in an incinerator, medical waste hauler or other lawful method or transferring it to a returns processor. (Sec. 2)Requires a record of disposed medicine to contain a description of the disposal method, the date of disposal and the name, strength and quantity of each medicine disposed of. (Sec. 2)States a drug manufacturer, repackager, dispenser or wholesaler, other than a returns processor, that participates in this program must comply with federal law relating to drug supply chain security. (Sec. 2)Asserts the donation, transfer, receipt or facilitation of donated medicine is not considered wholesale distribution and does not require licensing as a wholesale distributor. (Sec. 2)States donated medicine cannot be resold and is considered nonsaleable. (Sec. 2)Inventory, Packaging and Labeling RequirementsAsserts all donated medicine received by an authorized recipient but not yet accepted into inventory must be kept in a separate designated area. (Sec. 2)Stipulates that when accepting a donation or transfer into inventory, the authorized recipient must maintain a written or electronic inventory of the donation consisting of the name, strength and quantity of each accepting medicine and the name, address and phone number of the donor. (Sec. 2)Instructs an authorized recipient to store and maintain donated medicine physically or electronically separated from other inventory and in a secure and temperature-controlled environment that meets the drug manufacturers' recommendations and United States Pharmacopeia standards. (Sec. 2)Requires repackaged medicine to be labeled with the drug's name, strength and expiration date and kept in a separate designated area until inspected and initialed by a health care professional. (Sec. 2)Requires the earliest expiration date to be used if multiple packaged donated medicines with varied expiration dates are repackaged together. (Sec. 2)Dispensing RequirementsStates an authorized recipient can only administer or dispense donated medicine that meets the following requirements:Requirements for accepting donated medicine into inventory based on an inspection by a health care professional;If dispensed to an eligible patient, is repackaged into a new container or has all previous patient information on the donated container redacted or removed;Is properly labeled in accordance with Board rules; andHas an expiration or beyond-use date brought forward from the donated medicine that will not expire before the medicine is completely used by the eligible patient based on the prescribing practitioner's directions for use or, for over-the-counter medicine, on the package's label. (Sec. 2)Permits an authorized recipient to dispense or administer donated medicine to an eligible patient only if otherwise allowed by law. (Sec. 2)Allows donated medicine to be dispensed or administered only to eligible patients pursuant to a valid prescription order and must have patient-specific written or electronic records maintained in accordance with Board rules. (Sec. 2)Prohibits donated medicine from being dispensed or administered to an eligible patient if the prescriber writes or clearly displays, on the face of the description form, DAW, dispense as written or any other language that indicates a substitution is not allowed. (Sec. 2)Recordkeeping RequirementsStipulates that, when performing an action under this Act or otherwise processing donated medicine for tax, manufacturer or other credit, an authorized recipient is considered to be acting as a returns processor and must comply with all recordkeeping requirements for nonsaleable returns under federal law. (Sec. 2)Requires an authorized recipient to retain all records in a physical or electronic format for at least 7 years. (Sec. 2)Allows a donor and authorized recipient to contract with each other or a third party to create or maintain records on each other's behalf. (Sec. 2)Permits an identifier, such as a serial number or barcode, to be used in place of any information required to be in a record or on a label if the identifier allows for such information to be readily retrievable. (Sec. 2)Requires that, upon request of the Board, the identifier used for requested records be replaced with the original information. (Sec. 2)Asserts a donation or other transfer of possession or control is not a change of ownership unless it is specified as such by the authorized recipient. (Sec. 2)States if a record of the donation's transaction information or history is required, the history must begin with the donor of the medicine and include all prior donations and, if the medicine was previously dispensed, must include only drug information required to be on the patient label in accordance with Board rules. (Sec. 2)Mandates a donor or authorized recipient to make all records available for audit by the Board within five business days after the request. (Sec. 2)Miscellaneous07981950? 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 NoteRepeals the Program. (Sec. 1)Specifies charging a handling, dispensing or administrative fee is not reselling a donated medicine. (Sec. 2)Mandates the Board prescribe in rule the limits on the fees that an authorized recipient can charge considering the medicine's retail cost for a monthly supply. (Sec. 2)Provides immunity, if acting in good faith, to the following:A person involved in the supply chain of donated medicine, including a donor, authorized recipient, manufacturer, repackager, wholesaler or pharmacy;A person, including any employee, officer, volunteer, owner, partner, member, director, contractor or other person or entity associated with the person, that in compliance prescribes, donates, receives, dispenses, administers, transfers, replenishes or repackages medicine, or facilitates any of these actions. (Sec. 2)Defines authorized recipient, donor, eligible patient, health care professional, medicine, returns processor and unopened, tamper-evident packaging. (Sec. 2)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DPA 7-0-1-0 | 3rd Read 29-0-1-0House: HHS DP 9-0-0-0SB 1220: mental health professionals; trauma counselingSponsor: Senator Gray, LD 21Caucus & CowOverviewModifies the definition of a licensed mental health professional as it relates to traumatic event counseling for peace officers and firefighters.HistoryEstablished by Laws 2016, Chapter 240, the Traumatic Event Counseling Program (Program), requires employers to pay for up to 12 licensed counseling visits for any peace officer or firefighter who has been exposed to traumatic events while on duty. Such traumatic events include: 1) visually witnessing the death or maiming of one or more human beings; 2) responding to or being directly involved in a criminal investigation of an offense involving a dangerous crime against children; 3) requiring rescue in the line of duty where one’s life was endangered; 4) using deadly force; 5) witnessing the death of another peace officer or firefighter; and 6) responding to or being directly involved in an investigation regarding the drowning or near drowning of a child. Counseling that is offered to employees who have been exposed to the above specified trauma is to be conducted with a licensed mental health professional. These professionals are responsible for determining if the employee needs additional sessions and if they are fit for duty. Under current law, a licensed mental health professional is defined as a psychiatrist or licensed psychologist (A.R.S. § 38-673).Provisions07981950? 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 NoteModifies the definition of a licensed mental health professional by including an individual who specializes in trauma and crisis and uses evidenced-based treatment options and who is one of the following:A licensed mental health professional who holds either a master's or doctoral degree related to the mental health profession; and A licensed mental health nurse practitioner or a psychiatric clinical nurse specialist. (Sec. 1) Makes technical changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 8-0-0-0 | 3rd Read 29-0-1-0House: HHS DP 9-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1225: DCS; legislator briefings; staff memberSponsor: Senator Kerr, LD 13Caucus & COWOverviewPermits a legislative staff member to attend meetings to review an Arizona Department of Child Safety (DCS) case file with a legislator. HistoryTo provide oversight of DCS, DCS must provide access to case file information to specified persons, if the information is reasonably necessary for the person to perform their duties, including a legislative committee conducting investigations related to the legislative oversight of DCS and a legislator who requests DCS information in the course of their duties.To request case information, the legislator must submit a written request for DCS information to the presiding officer of the body of which the legislator is a member. The request must state the name of the person whose case file is to be reviewed and any other information that will assist DCS in locating the file. The presiding officer must forward the request to DCS within five working days of the receipt of the request and DCS must make necessary arrangements for the legislator to review the file at a DCS office, chosen by the legislator, within 10 working days. Before reviewing the file, a legislator must sign a form that outlines the confidentiality laws governing DCS files and penalties for further release of the information (A.R.S. § 8-807).Provisions07981950? 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 NoteAllows a legislator's presiding officer to authorize a legislative staff member to attend with the legislator any meeting to review a DCS case file. (Sec. 1)Requires the staff member to sign a specified form. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 7-0-1-0 | 3rd Read 29-1-0-0House: HHS DP 9-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1253: psychology board; licensure; fingerprintingSponsor: Senator Barto, LD 15Caucus & COWOverviewRequires applicants for licensure as psychologists and behavioral analysts to apply for a fingerprint clearance card by January 1, 2022 and modifies licensure requirements.HistoryThe State Board of Psychologist Examiners (Board) regulates the practice of psychology and behavioral analysis in Arizona (A.R.S. § 32-2091). Current law does not require psychologists and behavior analysts to have a fingerprint clearance card (A.R.S. §§ 41-619.51 and 41-1758).Provisions07981950? 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 NoteRequires, beginning January 1, 2022, all psychologist and behavioral analyst license applicants to apply for a fingerprint clearance card. (Sec. 1)Asserts that if an applicant is issued a valid fingerprint clearance card, the applicant must submit the valid fingerprint clearance card to the Board with the completed application. (Sec. 1)Permits the applicant, if denied a fingerprint clearance card, to request that the Board consider the application for licensure notwithstanding the absence of a valid fingerprint clearance card. (Sec. 1)Allows the Board, in its discretion, to approve an application for licensure despite the denial of a valid fingerprint clearance card if the Board determines that the applicant's criminal history information on which the denial is based does not alone disqualify the applicant from licensure. (Sec. 1)Eliminates the requirement that no more than 50% of in-person supervision can be completed using telepractice supervision. (Sec. 2)States that a psychologist who conducts an independent psychological examination is not subject to a complaint of unprofessional conduct unless the complaint alleges unprofessional conduct based on an act other than a disagreement with the findings and opinions expressed by the psychologist as a result of the examination. (Sec. 6)Removes independent fieldwork, university practicum or intensive university practicum as options to satisfy supervised experience requirements for behavioral analysts. (Sec. 8)Requires the supervisor of an applicant for licensure as a licensed behavior analyst who obtained supervised work experience in another state to be licensed in the state where the behavior analysis trainee services were provided. (Sec. 8)States, beginning February 1, 2021 through September 1, 2023, and retroactive to February 1, 2021, the following licensure requirements for applicants for psychologist licensure do not apply:Two full-time academic years of graduate study in a doctoral program completed at the institution from which the doctoral degree is granted; andA residency completed at the institution that awarded the applicant's doctoral degree. (Sec. 15)Makes technical and conforming changes. (Sec. 1 – 14)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 7-0-1-0 | 3rd Read 30-0-0-0House: HHS DP 9-0-0-0SB 1604: remote dispensing pharmacies; rural hospitalsSponsor: Senator Gowan, LD 14Caucus & CowOverviewAllows specified hospitals to operate a remote dispensing site pharmacy under the remote supervision of a pharmacist with the Board of Pharmacy’s (Board) approval. HistoryUnder current law, a pharmacy operating in connection with a hospital must meet the following supervision requirements: 1) in hospitals with 50 beds or more, the pharmacy must be under continuous supervision of a pharmacist during the time it is open for services; and 2) in hospitals with less than 50 beds, pharmacists’ services are required on a part time basis (A.R.S. 32-1934).A remote dispensing site pharmacy is defined in statute as a pharmacy where a pharmacy technician or intern prepares, compounds or dispenses prescription medications under the remote supervision of a pharmacist. A remote dispensing site pharmacy must be licensed by the Board and meet the following requirements: 1) be either jointly owned by a supervising pharmacy or operated under a contract with a licensed Arizona pharmacy; 2) be supervised by a licensed pharmacist; 3) display a visible sign indicating the facility is a remote dispensing site; 4) meet recordkeeping requirements; 5) maintain a perpetual inventory of controlled substances; 6) secure schedule II controlled substances that are opioids separately and as prescribed; 7) comply with schedule II controlled substance limitations; 8) maintain a specified system of video surveillance and recording; and 9) maintain a policy and procedures manual. A pharmacist may supervise one remote dispensing site pharmacy and up to two if the pharmacist is not simultaneously supervising and dispensing at another licensed pharmacy (A.R.S. §§ 32-1901 and 32-1961.01).Provisions07981950? 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 NotePermits hospitals with fewer than 50 beds located in counties with a population of less than 500,000 persons, with the written approval and recommendations of the Board, to operate a remote dispensing site pharmacy under the remote supervision of a pharmacist while the pharmacy is open for pharmacy services. (Sec. 1)Makes technical changes. (Sec. 1) ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: HHS DP 5-3-0-0 | 3rd Read 16-14-0-0House: HHS DP 5-4-0-0SCR1009: abortion data; survivors act; supportingSponsor: Senator Kerr, LD 13Caucus & CowOverviewSupports the enactment of the Born-Alive Abortion Survivors Protection Act and the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.HistoryThe Born-Alive Infants Protection Act defines the term born alive as it pertains to medical and legal rights (H.R. 2175, 2002). Following the enactment of the Born-Alive Infants Protection Act, the Born-Alive Abortion Survivors Protection Act was introduced by the United States Congress to ensure that medically appropriate care be provided to any infant born alive following an abortion procedure. Failure to comply with the Act can result in legal action (S. 311, 2019-2020).In order to develop proper data and statistics about failed abortions, the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019 requires states to report certain abortion data to the Centers for Disease Control and Prevention (H.R. 3580, 2019).Provisions07981950? 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 NoteStates that the Legislature strongly supports the enactment of the Born-Alive Infants Protection Act and the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.Requires the Arizona Secretary of State to transmit copies of this resolution to the Governor, President of the United States (U.S.), President of the U.S. Senate, Speaker of the U.S. House of Representatives and each Member of Congress from Arizona.ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 29-0-1-0House: JUD DP 8-1-0-1SB 1047: board of fingerprinting; continuationSponsor: Senator Livingston, LD 22Caucus & COWOverviewContinues the Board of Fingerprinting (Board) for 8 years.HistoryThe Board is required to determine good cause exceptions and central registry exceptions for applicants who are denied a fingerprint clearance card for having to preclude criminal offenses on the applicant's record. To be granted an exception, an applicant must demonstrate to the Board that the applicant has not been convicted of certain unappealable offenses, and that they are successfully rehabilitated and not a recidivist. When making a determination, the Board must also consider: 1) the extent of the person's criminal record; 2) the length of time since a precluding offense was committed; 3) the nature of the offense; 4) any applicable mitigating circumstances; 5) the degree to which the person participated in an offense; and 6) the extent of the person's rehabilitation (A.R.S. §§ 41-619.53; 41-619.55; and 41-619.57).The Board is composed of six representatives, one from each of the following agencies: 1) the Arizona Supreme Court; 2) the Department of Economic Security; 3) the Department of Education; 4) the Department of Health Services; 5) the Department of Juvenile Corrections; and 6) the Department of Child Safety (A.R.S. § 41-619.52). The Senate Transportation and Public Safety Committee of Reference met on November 10, 2020, and the House of Representatives Judiciary Committee of Reference met on January 13, 2021, to conduct a review of the Board. Both Committees of Reference recommended the Board be continued for eight years.Provisions07981950? 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 NoteContinues, retroactive to July 1, 2021, the Board until July 1, 2029. (Sec. 2, 4)Repeals the Board on January 1, 2030. (Sec. 2)Contains a purpose statement. (Sec. 3)Makes a conforming change. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 29-0-1-0House: JUD DP 9-0-0-1SB 1221: vulnerable adults; jurisdiction; grand juriesSponsor: Senator Gray, LD 21Caucus & COWOverviewPermits the state grand jury to investigate and indict individuals for criminal offenses and welfare violations when the victim is a vulnerable adult.HistoryA grand jury is a body comprised of the required number of qualified people who are impaneled by a judge and are sworn to inquire into public offenses (A.R.S. § 21-401). In addition to county grand juries, there may be a state grand jury which is impaneled for a regular term of six months at the request of the Attorney General and under the authority of an assignment judge, who is appointed by the Chief Justice of the Arizona Supreme Court (A.R.S. § 21-421).The state grand jury has the power to investigate and indict certain prescribed offenses, including when the offense: 1) could be prosecuted by more than one county attorney; 2) involves perjury of a case indicted by a state grand jury; or 3) is sexual exploitation of a child committed using a computer or network that spans more than one county. A county attorney may also refer a case of criminal wrongdoing to the Attorney General in writing, who may then accept holding a state grand jury in that case (A.R.S. § 21-422).Vulnerable adults are individuals at least 18 years old who, owing to a mental or physical impairment, may not protect themselves from abuse, neglect or exploitation by others. An incapacitated person is also included as a vulnerable adult (A.R.S. §§ 13-3623; 46-451).Provisions07981950? 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 NoteAllows the state grand jury to investigate and return indictments for criminal offenses or welfare violations if the victim is a vulnerable adult. (Sec. 1)Makes technical and conforming changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DPA 8-0-0-0 | 3rd Read 29-0-1-0House: JUD DP 10-0-0-0SB 1237: fertility fraud; civil; criminal actionSponsor: Senator Barto, LD 15Caucus & COWOverviewPermits individuals to file a civil action against a licensed health care provider for fertility fraud.HistoryA medical malpractice action means an action for injury or death against a licensed health care provider based upon the provider’s alleged negligence, misconduct, errors or omissions or breach of contract in rendering healthcare services or for rendering such healthcare services without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives?(A.R.S. § 12-561).A medical malpractice action cannot be based upon a breach of contract for professional services unless the contract is in writing (A.R.S. § 12-562).ProvisionsPermits the following individuals to bring a separate action against a licensed health care provider for each child born as a result of the health care provider intentionally treating a woman for infertility by using the health care provider’s own spermatozoon or ovum without the patient’s informed written consent:The woman who gives birth to a child after being treated for infertility;The spouse of the woman; The surviving spouse of the woman; or The child born as a result of the licensed health care provider’s treating the woman for infertility with the health care provider’s own spermatozoon or ovum. (Sec. 1)Allows the donor of human reproductive material to bring a separate action against a licensed health care provider for each instance where the health care provider treats a patient for infertility with the donor’s human reproductive material either in a manner that the donor did not consent to or without the donor’s consent. (Sec. 1)Entitles an individual who prevails in an action against the health provider to the following:Reasonable attorney fees;Costs of the fertility treatment; and Either compensatory and punitive damages or liquidated damages of $10,000. (Sec. 1)Requires an action for civil fertility fraud to be brought no later than 10 years after the 18th birthday of the child or within 20 years of the procedure if the former does not apply. (Sec. 1)Permits an action for civil fertility fraud that would be otherwise time barred to brought by an individual within five years after the earliest date that:The individual first discovers enough evidence to bring an action against the defendant through DNA analysis;The individual first becomes aware of a recording that provides enough evidence to bring an action against the defendant; orThe defendant confesses to the offense. (Sec. 1)Defines human reproductive material and physician. (Sec. 1)07981950? 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 NoteARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 30-0-0-0House: JUD DP 9-0-0-1SB 1249: conviction; set aside; traffic violationsSponsor: Senator Petersen, LD 12Caucus & COWOverviewAllows the court to set-aside judgments of guilt for traffic and vehicle offenses.HistoryEvery person convicted of certain criminal offenses can apply to the court to have the judgment of guilt set aside if the individual has fulfilled the conditions of probation or sentence and discharge set by the court. While judgments of guilt for reckless driving can be set aside, most traffic offenses are not eligible. Convictions for driving on a suspended, canceled or revoked license or violating local traffic ordinances in the operation of a vehicle cannot be set aside (A.R.S. § 13-905). Reckless driving is defined as driving a vehicle with reckless regard for the safety of individuals or property (A.R.S. § 28-693).ProvisionsPermits judgments of guilt for the following offenses to be set aside:07981950? 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 NoteDriving on a suspended, canceled or revoked license;Local ordinances related to stopping, standing or operation of a vehicle; andSpecific traffic and vehicle offenses. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 30-0-0-0House: JUD DP 9-0-0-1SB 1265: court rules; signatures; court documentsSponsor: Senator Petersen, LD 12Caucus & COWOverviewAllows the court to accept sworn written declarations, verifications, certificates, statements, oaths or affidavits that are signed electronically.HistoryThe Arizona Supreme Court regulates pleading, practice and procedure in judicial proceedings in all state courts (A.R.S. § 12-109).The Department of Administration works with the Treasurer to adopt rules for the use of electronic and digital signatures by all state agencies, boards and commissions. Except where prohibited by law, electronic signatures may be used to sign a document that is filed with an agency, board or commission. In these instances, the electronic signature has the same force and effect as a written signature. An electronic signature is an electronic or digital method of identification which is used with the intent to be bound by or authenticate a record (A.R.S. § 18-106).ProvisionsPermits the court to accept an electronic signature on a sworn written declaration, verification, certificate, statement, oath or affidavit. (Sec. 1)07981950? 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 NoteMakes technical and conforming changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 7-1-0-0 | 3rd Read 27-3-0-0House: JUD DP 10-0-0-0SB 1266: competency evaluation; records; appointmentsSponsor: Senator Petersen, LD 12Caucus & COWOverviewModifies the number of mental health experts required to examine the competency of a defendant charged only with a misdemeanor.HistoryAny party or the court in a case for a criminal offense may submit a written request for the defendant to be examined to determine the defendant’s competency to stand trial. The parties must provide all medical and criminal history records to the court within three days after the filing of the motion to examine the defendant (A.R.S. § 13-4503).If the court decides to hold a competency examination, the court is required to appoint two or more mental health experts to examine the defendant, issue a report and testify, if necessary, about the defendant’s competency to stand trial (A.R.S. § 13-4505).Provisions07981950? 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 NoteRemoves the requirement that parties must provide all available medical and criminal history records to the court within three working days after a motion is filed to examine the defendant’s competency to stand trial. (Sec. 1)Requires the court to appoint one or more mental health experts to examine a defendant’s competency to stand trial if the defendant is charged with only a misdemeanor. (Sec. 2) Clarifies that the court must appoint two or more mental health experts to examine a defendant’s competency to stand trial if the defendant is charged with a felony. (Sec. 2)Makes conforming changes. (Sec. 1, 2)Makes technical changes. (Sec. 2)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 6-2-0-0 | 3rd Read 18-12-0-0House: JUD DP 6-4-0-0SB 1267: record of proceedings; electronic recordingSponsor: Senator Petersen, LD 12Caucus & COWOverviewSpecifies instances when a court may use electronic recording devices instead of court reporters or stenographers.HistoryCurrent statute allows the state or any state agency, including the judiciary, and each political subdivision of Arizona, including any courts of law, to use tape recorders or other recording devices in place of reporters or stenographers unless: 1) the matter to be recorded arises out of court proceedings; and 2) either party requests that a court reporter or stenographer be used (A.R.S. § 38-424).Provisions07981950? 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 NoteAllows the court, with some exceptions, to use electronic recordings in place of court reporters. (Sec. 1)Restricts the court from using electronic recordings in place of court reporters for grand jury trials or mental health hearings. (Sec. 1)Mandates a court reporter or stenographer must be used, if available, on written request from either party at least five court days before a trial or hearing, if the following apply: The matter arises out of an indictment or information, unless the court finds a trial is required to start within the five days to comply with a victim's or defendant's right to a speedy trial; or The matter is in regards sexually violent persons. (Sec. 1)Permits either party to provide a court reporter in addition to the electronic recording device used by a court to record the proceedings. (Sec. 1)States the official record of the proceedings is the record prepared by the court reporter. (Sec. 1)Stipulates that if no court reporter is available, the court's official record is the record prepared by the court according to rules adopted by the Arizona Supreme Court. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 30-0-0-0House: JUD DP 8-0-1-1SB 1332: emancipated minors; orders; employment rightsSponsor: Senator Gowan, LD 14Caucus & COWOverviewModifies the guidelines for the emancipation of a minor.HistoryA minor may file a petition for an emancipation order provided the minor is: 1) at least 16 years of age; 2) a resident of Arizona; 3) financially self-sufficient; 4) understanding of the rights and obligations of an emancipated minor; 5) understanding of the risks and consequences of emancipation; 6) not a ward of the court; and 7) not in the custody of a state agency (A.R.S. § 12-2451).?An emancipated minor is treated as an adult for the following purposes:Entering a binding contract;Suing and getting sued;?Buying and selling real property;Establishing a legal residence;Being obligated to pay child support;Incurring debts and applying for loans;?Accessing medical treatment and records;?Consenting to medical care for the emancipated minor and the emancipated minor’s child;Being eligible for social services;Obtaining licenses to operate equipment or perform services; and?Enrolling in school or college (A.R.S. § 12-2454).Provisions07981950? 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 NotePermits a minor who is a ward of the court or in the control of a state agency to file a petition for an emancipation order. (Sec. 1) Requires a petition for an emancipation order to include whether the minor has an offer of employment. (Sec. 1)Clarifies the court must consider the opinions and recommendations of the minor’s legal guardian as a factor in determining emancipation. (Sec. 2)Mandates the court to consider whether the minor has an offer of employment as a factor in determining emancipation. (Sec. 2) Allows an emancipated minor to pursue any opportunity provided by law to an individual who is at least 18 years of age. (Sec. 3) Exempts an emancipated minor from specified restrictions regarding the employment of individuals under the ages of 16 and 18. (Sec. 4) Makes technical changes. (Sec. 1, 4)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 6-2-0-0 | 3rd Read 16-14-0-0House: JUD DP 6-4-0-0SB 1407: DUI; incarceration credits; calculationSponsor: Senator Petersen, LD 12Caucus & COWOverviewOutlines conditions for time served credit toward incarceration for a driving while under the influence (DUI) offense.HistoryA DUI offense is a class 1 misdemeanor and consists of the following:Driving a vehicle under the influence of liquor, drugs or a vapor releasing substance;Driving with or having an alcohol concentration of .08 or greater within two hours of operating a vehicle;Driving while a drug or its metabolite is in the individual’s body; orOperating a commercial motor vehicle with an alcohol concentration of .04 or greater.?An individual who is convicted of a DUI offense must serve at least 10 consecutive days in jail. If the individual, however, completes court ordered alcohol or other drug screening, education or treatment program, the judge may suspend all but one day of the sentence (A.R.S. § 12-1381).An extreme DUI offense is a class 1 misdemeanor and consists of the following:Driving with an alcohol concentration between .15 and .2; or?Driving with an alcohol concentration greater than .2.Depending on the alcohol concentration, an individual convicted of an extreme DUI must serve at least 30 or 45 consecutive days in jail but the judge may suspend all but 9 or 14 days of the sentence respectively if the individual agrees to equip any motor vehicle the individual operates with a certified ignition interlock device (A.R.S. § 28-1382).??ProvisionsRequires an individual who receives time served credit towards a mandatory term of incarceration for a DUI offense to serve at least eight hours for each day of credit. (Sec. 1)07981950? 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 NoteARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 30-0-0-0House: JUD DP 10-0-0-1SB 1415: guardianship proceedings; sealing of recordsSponsor: Senator Barto, LD 15Caucus & COWOverviewPermits the court to prohibit public access to files regarding petitions for guardianship.HistoryThe court may appoint a guardian as requested if there is clear and convincing evidence that the individual being appointed a guardian:Is incapacitated;Requires a guardian to provide for demonstrated needs; andHas needs that cannot be met by less restrictive means.?Unless the appointment of a guardian is due solely to the ward’s physical incapacity, the court is required to collect and transmit the following information about the ward to the department of public safety:Name;Sex;Date of birth;Last four digits of the ward’s social security number; andIf available, the court case number, the court originating agency identification number and date of the guardian’s appointment to the supreme court (A.R.S. § 14-5305).Provisions07981950? 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 NotePermits the court to prohibit public access to a file regarding a petition for guardianship, the records contained in the file or information about the file if the petition for guardianship:Is?withdrawn before an adjudication of incapacity; Is denied on the basis that the allegation of incapacity is unproven; or Was filed without merit. (Sec. 1)Allows the court to restore public access to a file regarding a petition for guardianship and related information in a subsequent court order provided there is a showing of good cause. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: NREW DP 8-1-0-0 | 3rd Read 29-0-1-0-0House: LARA DP 11-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1065: state lands; partial tracts; patentsSponsor: Senator Kerr, LD 13Caucus & COWOverviewAllows patenting a tract of State Trust Land that is less than one-fourth of the entire tract sold or less than 10 acres.HistoryCongress granted State Trust Lands to Arizona when it became a territory, and later a state, for beneficiaries such as K-12 public schools and the Department of Juvenile Corrections. These lands must be sold or leased to the highest and best bidder at public auctions, provided the price paid exceeds the appraised true value of the lands (Constitution of Arizona, Article 10, §§ 3 and 4 ). The State Land Department issues a patent (a document that assigns official ownership of the tract) once the purchaser makes all required payments. A purchaser can apply to patent less than the entire tract, which will be granted if the State Land Commissioner finds it is in the best interest of the applicable trust. However, a patent cannot be issued for less than one-fourth of the tract sold or less than 10 acres, whichever is smaller, except when the original tract is less than 40 acres and the patent will be issued for parcels greater than 5 acres each (A.R.S. § 37-251).ProvisionsAllows a patent for State Trust Land to be issued for less than one-fourth of the tract sold or less than 10 acres. (Sec. 1)07981950? 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 NoteMakes technical and conforming changes. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: APPROP DP 10-0-0-0 | 3rd Read 30-0-0-0House: MAPS DP 13-1-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1354: rate structure; hospital services; prisonersSponsor: Senator Barto, LD 15Caucus & COWOverviewEnables the Arizona Department of Corrections (ADC) to establish an alternative reimbursement rate that does not exceed 120% of the current Medicare rate for inpatient and outpatient hospital services that are provided in fully locked unit settings. HistoryIf a prisoner in a secure care facility requires health services that ADC, the facility or private prison provider contracted by ADC cannot provide, ADC is required to pay approved claims from a facility or provider that provides these services: For inpatient and outpatient hospital services, ADC must reimburse at a level that does not exceed the reimbursement methodology; andFor health and medical services, ADC must reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona Health Cost Care Containment System (AHCCCS) administration and that is in effect at the time the services are delivered (A.R.S. § 41-1608).ProvisionsAllows ADC to establish an alternative reimbursement rate for inpatient and outpatient hospital services that are provided in a fully locked unit setting. (Sec. 1)07981950? 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 NoteProhibits ADC from establishing an alternative reimbursement rate that exceeds 120% of the current Medicare rate. (Sec. 1)Defines fully locked unit setting to mean a ward or wing in which treatment and services are provided and that is secure in a manner that prevents patients form leaving the ward or wing at will. (Sec. 1) Excludes a ward or wing that is locked only for preventing unauthorized entry and that allows a patient to exit the ward or wing at will from the definition of fully locked unit setting. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: JUD DP 8-0-0-0 | 3rd Read 28-0-2-0House: MAPS DP 14-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1526: prisoners; training; individual certificatesSponsor: Senator Navarrete, LD 30Caucus & COWOverviewAllows a prisoner is to receive a certificate when the prisoner successfully completes a training program to work in a specific field or trade. HistoryThe Arizona Department of Corrections (ADC) encompasses the various institutions, facilities and programs which are now or may become part of the correctional program of Arizona and provides the supervisory staff and administrative functions at the state level of all matters relating to the institutionalization, rehabilitation and community supervision functions of all adult offenders (A.R.S. § 41-1602). Work-Based Education (WBE) programs are designed to assist offenders in gaining marketable employment skills. ADC provides WBE instruction to offenders who possess a high school diploma or GED but have no identifiable work or employment skills. WBE programs range from six months to two years in duration. Provisions07981950? 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 NoteAllows a prisoner who successfully completes a training program that results in certification to work in a specific field or trade to receive an individual certificate that includes: Prisoner’s name; The date of the training; and Information that the prisoner successfully completed the training program and is certified to work in that specific field or trade. (Sec. 1) ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: NREW DPA/SE 9-0-0-0 | 3rd Read 29-0-1-0-0House: NREW DP 10-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1307: water; wastewater system; corrective actionsSponsor: Senator Shope, LD 8Caucus & COWOverviewRequires, instead of allows, the Arizona Department of Environmental Quality (ADEQ) to make a written request for corrective action for a regulated wastewater treatment facility or system or public water system for water quality control noncompliance and directs the Arizona Corporation Commission (ACC) to begin corrective actions upon ADEQ's request.HistoryAs public service corporations, wastewater treatment facilities and systems and public water systems are regulated, in part, by the ACC. ADEQ can request that the ACC take corrective actions for a facility of system within 30 calendar days when it:Determines that a facility or system is not complying with an administrative order for violating Arizona water quality law, files a civil action against a facility or system owner or operator for violating Arizona water quality law, and/or determines that an emergency exists at the facility or system; andDetermines that the ACC taking corrective actions would expedite the facility's or system's return to compliance with Arizona water quality law (A.R.S. §§ 49-262(K) and 49-354(E)).However, there are no deadlines established in statute for when the ACC must respond to ADEQ's request and the ACC is not required to accede to this request.ProvisionsRequires ADEQ, for a wastewater treatment facility or system or public water system that is regulated as a public service corporation by the ACC, to make a written request to the ACC Chair and Executive Director to take necessary steps and corrective actions when it:Determines that the facility or system is out of compliance with an ADEQ administrative order, files a civil action against the owner or operator for violations and/or determines that an emergency exists for that facility or system; andDetermines that the Corporation Commission taking necessary corrective actions would expedite the facility's or system return to compliance. (Sec. 1 and 2)Directs the ACC to begin necessary corrective actions within 30 calendar days of receiving ADEQ's request. (Sec. 1 and 2)Requires ADEQ to provide a copy of its ACC request to the governing body of any local jurisdiction whose residents are served by the facility or system. (Sec. 1 and 2)07981950? 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 NoteARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: NREW DPA 9-0-0-0 | 3rd Read 24-5-1-0-0House: NREW DP 10-0-0-0SB 1429: solid waste services; private providerSponsor: Senator Townsend, LD 16Caucus & COWOverviewProhibits a county or municipality from providing for a criminal penalty against someone who refuses to purchase solid waste collection services from a private provider unless that provider contracted with a county or municipality to provide these services.HistoryA county or municipality can establish regulations for private collection of solid waste within its jurisdiction. These entities can also provide for criminal and civil penalties for violating ordinances or regulations if the penalties do not exceed the penalties established in Arizona's solid waste management law (A.R.S. § 49-765). Solid waste?is statutorily defined as any garbage, trash, rubbish, waste tire, refuse, sludge from a waste treatment plant, water supply treatment plant or pollution control facility or other discarded material, including solid, liquid, semisolid or contained gaseous material. Statute exempts certain substances, materials and discharges from the statutory requirements and prohibitions for?solid waste (A.R.S. § 49-701.01).Provisions07981950? 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 NoteProhibits a county or municipality from providing for or enforcing a criminal penalty against someone who refuses to purchase solid waste collection services from a private service provider unless that provider contracts with the county or municipality to provide this service and this service is billed through the county municipality. (Sec. 1)Makes a technical and conforming change. (Sec. 1)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 8-0-1-0 | 3rd Read 26-3-1-0House: TRANS DPA 11-0-0-1SB 1050: congenital heart defect special platesSponsor: Senator Livingston, LD 22Caucus & COWOverviewEstablishes the Congenital Heart Defect Special Plate and Fund.HistoryPursuant to A.R.S. § 28-2351, the Arizona Department of Transportation (ADOT) is required to provide every vehicle owner one license plate for every vehicle registered upon application and on payment of prescribed fees. In accordance with A.R.S. § 28-2403, special plates may be issued by ADOT in lieu of the regular license plate, upon application. An initial and annual renewal fee of $25 is required for the special plate in addition to the vehicle registration fees, with outlined exceptions (A.R.S. § 28-2402). Of the $25 special plate fee, $8 is an administrative fee and $17 is an annual donation to a specified organization. Special plates are established through statutory authority and require a standard $32,000 implementation fee from an organization.ProvisionsDirects ADOT to issue a Congenital Heart Defect Special Plates if, by December 31, 2022, a person pays $32,000 for implementation. (Sec. 3) Requires the person that provides the $32,000 to design the special plate, subject to approval by ADOT. (Sec. 3) Allows ADOT to combine requests for the special plate and a personalized plate, in a form prescribed by ADOT and subject to fees for both plates. (Sec. 3) Establishes the Congenital Heart Defect Special Plate Fund (Fund), to be administered by ADOT. (Sec. 6) Requires that, of the $25 fee required to obtain and renew a special plate, $8 is an administrative fee and $17 is an annual donation. (Sec. 3) Requires that the $8 administrative fee be deposited into the State Highway Fund and the $17 annual donation be deposited into the Fund. (Sec. 3) Requires that the first $32,000 in the Fund be reimbursed to the person who paid the implementation fee. (Sec. 6) Requires that no more than 10% of the monies annually deposited in the Fund be used to administer the Fund. (Sec. 6) rightbottom? 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 NoteStates that monies in the Fund are continuously appropriated and exempt from lapsing. (Sec. 6) Requires ADOT to annually allocate monies from the Fund, excluding administrative fees, to a nonprofit hospital's foundation that: Is headquartered in Arizona; andSupports a hospital that has been operating in Arizona for at least 37 years, that has a primary focus of pediatric patient care and that has a heart center. (Sec. 6) Requires monies allocated from the Fund to be used only for congenital heart defect research, treatment and community education and outreach. (Sec. 6)Makes technical and conforming changes. (Sec. 1-2, 4-5) AmendmentsCommittee on Transportation Adds a conforming change. ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 8-0-1-0 | 3rd Read 27-2-1-0House: TRANS DP 11-0-0-1 SB 1143: veterans of overseas conflicts platesSponsor: Senator Rogers, LD 6Caucus & COWOverviewEstablishes the Veterans of Overseas Conflicts Special Plate and Fund. HistoryPursuant to A.R.S. § 28-2351, the Arizona Department of Transportation (ADOT) is required to provide every vehicle owner one license plate for every vehicle registered upon application and on payment of prescribed fees. In accordance with A.R.S. § 28-2403, special plates may be issued by ADOT in lieu of the regular license plate, upon application. An initial and annual renewal fee of $25 is required for the special plate in addition to the vehicle registration fees, with outlined exceptions (A.R.S. § 28-2402). Of the $25 special plate fee, $8 is an administrative fee and $17 is an annual donation to a specified organization. Special plates are established through statutory authority and require a standard $32,000 implementation fee from an organization.ProvisionsDirects ADOT to issue a Veterans of Overseas Conflicts Special Plate if by December 31, 2021 a person pays $32,000 for implementation. (Sec. 3) Requires the person that provides the $32,000 to design the special plate, subject to approval by ADOT. (Sec. 3)Allows ADOT to combine requests for the special plate and a personalized plate, in a form prescribed by ADOT and subject to fees for both plates. (Sec. 3) Establishes the Veterans of Overseas Conflicts Special Plate Fund (Fund) administered by ADOT. (Sec. 3) Requires that, of the $25 fee required to obtain and renew the special plate, $8 is an administrative fee and $17 is an annual donation. (Sec. 3) Requires that the $8 administrative fee be deposited into the State Highway Fund and the $17 annual donation be deposited into the Fund. (Sec. 3) -666758020050? 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 NoteRequires that the first $32,000 in the Fund be reimbursed to the person who paid the implementation fee. (Sec. 3) Requires that no more than 10% of the monies annually deposited in the Fund be used to administer the Fund. (Sec. 3) States that monies in the Fund are continuously appropriated. (Sec. 3) Requires ADOT to annually allocate monies from the Fund, excluding administrative fees, to a charitable organization that: Is located in Arizona; Has a mission to:Foster camaraderie among U.S. veterans of overseas conflicts;Serve veterans, the military and the community; andAdvocate on behalf of all veterans;Has a vision to ensure that veterans are respected for their service, always receive their earned entitlements and are recognized for the sacrifices they and their loved ones make on behalf of the United States;Has the following core values: Always put the interest of the entity's members first; Treat donors as partners in the entity's cause; Promote patriotism; Honor military service; Ensure the care of veterans and their families; Serve the entity's communities; Promote a positive image of veterans of foreign wars; and Respect the diversity of veteran opinions. (Sec. 3) Requires the charitable organization to use the monies allocated to train and pay persons throughout Arizona where needed to process veterans claims for service-connected disabilities and illnesses. (Sec. 3)Directs the State Treasurer, on notice of ADOT, to invest and divest money in the Fund.Requires monies earned from investments to be credited to the Fund. (Sec. 3)Makes technical and conforming changes. (Sec. 1, 2, 4-6)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 9-0-0-0 | 3rd Read 29-0-1-0House: TRANS DPA/SE 8-3-0-1SB 1146: electronic certificates of titleS/E: motor vehicle dealers; TPT exemptionSponsor: Senator Shope, LD 8Caucus & COWSummary of the Strike-Everything Amendment to SB 1146OverviewRemoves the requirement that a motor vehicle dealer ship or deliver a motor vehicle to a destination outside of Arizona on a sale to a nonresident for use outside of Arizona in order for the sale to be exempt from state and city transaction privilege taxes (TPT). HistoryPursuant to A.R.S. § 42-5061, the retail classification is comprised of the business selling tangible personal property at retail. The tax base for the retail classification is the gross proceeds of sales or gross income derived from the business. The tax imposed on the retail classification does not apply to the gross proceeds of sales or gross income from sales of motor vehicles to nonresidents of Arizona for use outside Arizona if the motor vehicle dealer ships or delivers the motor vehicle to a destination outside of Arizona.Pursuant to A.R.S. § 42-6004, a city, town or special taxing district is prohibited from levying a transaction privilege, sales, use or other similar tax on sales of motor vehicles to nonresidents of Arizona for use outside of Arizona if the motor vehicle dealer ships or delivers the motor vehicle to a destination outside of Arizona. Provisions07981950? 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 NoteRemoves the requirement that a motor vehicle dealer ship or deliver a motor vehicle to a destination outside of Arizona on a sale to a nonresident for use outside of Arizona in order for the sale to be exempt from the state TPT imposed on retail. (Sec. 1-2)Removes the requirement that a motor vehicle dealer ship or deliver a motor vehicle to a destination outside of Arizona on a sale to a nonresident for use outside of Arizona in order for the sale to be exempt from TPT levied from a city, town or special taxing district. (Sec. 3-4)Makes conforming changes. (Sec. 5)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 9-0-0-0 | 3rd Read 27-3-0-0House: TRANS DP 11-0-0-1SB 1157: empowering today's youth special platesSponsor: Senator Kerr, LD 13Caucus & COWOverviewEstablishes the Empowering Today's Youth Special Plate and Fund. HistoryPursuant to A.R.S. § 28-2351, the Arizona Department of Transportation (ADOT) is required to provide every vehicle owner one license plate for every vehicle registered upon application and on payment of prescribed fees. In accordance with A.R.S. § 28-2403, special plates may be issued by ADOT in lieu of the regular license plate, upon application. An initial and annual renewal fee of $25 is required for the special plate in addition to the vehicle registration fees, with outlined exceptions (A.R.S. § 28-2402). Of the $25 special plate fee, $8 is an administrative fee and $17 is an annual donation to a specified organization. Special plates are established through statutory authority and require a standard $32,000 implementation fee from an organization.ProvisionsDirects ADOT to issue an Empowering Today's Youth Special Plate if by December 31, 2021 a person pays $32,000 for implementation. (Sec. 3) Requires the person that provides the $32,000 to design the special plate, subject to approval by ADOT. (Sec. 3) Allows ADOT to combine requests for the special plate and a personalized special plate, in a form prescribed by ADOT and subject to fees for both plates. (Sec. 3) Establishes the Empowering Today's Youth Special Plate Fund (Fund), administered by ADOT. (Sec. 3) Requires that, of the $25 fee required to obtain and renew a special plate, $8 is an administrative fee and $17 is an annual donation. (Sec. 3) Requires that the $8 administrative fee be deposited into the State Highway Fund and the $17 annual donation be deposited into the Fund. (Sec. 3) Requires that the first $32,000 in the Fund be reimbursed to the person who paid the implementation fee. (Sec. 3) Requires that no more than 10% of the monies annually deposited in the Fund be used to administer the Fund. (Sec. 3) right-238125? 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 NoteStates that monies in the Fund are continuously appropriated. (Sec. 3) Requires ADOT to annually allocate monies from the Fund, excluding administrative fees, to a non-profit foundation that: Provides financial support for a youth development organization of the land grant university system in Arizona that has the following mission mandates:Agriculture; Science, technology, engineering and mathematics; Civic education; andHealthy living. Was incorporated in 1970 as a nonprofit educational organization by a group of Arizona's agricultural, civic and corporate leaders; Give today's youth an extra edge for life success through hand-on, research-based educational programs and opportunities; andServes youths who are five though 18 years of age in all 15 counties in Arizona and in at least five tribal nations. (Sec. 3) Requires the State Treasurer, on notice of ADOT, to invest and divest money in the Fund.Requires monies earned from investments to be credited to the Fund. (Sec 3)Makes technical and conforming changes. (Sec. 1, 2, 4-6)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 9-0-0-0 | 3rd Read 27-3-0-0House: TRANS DP 11-0-0-1SB 1310: special plates; cancer; real estateSponsor: Senator Shope, LD 8Caucus & COWOverviewEstablishes the Support Cancer Victims Special Plate and Fund and the Real Estate Professional Special Plate and Fund.HistoryPursuant to A.R.S. § 28-2351, the Arizona Department of Transportation (ADOT) is required to provide every vehicle owner one license plate for every vehicle registered upon application and on payment of prescribed fees. In accordance with A.R.S. § 28-2403, special plates may be issued by ADOT in lieu of the regular license plate, upon application. An initial and annual renewal fee of $25 is required for the special plate in addition to the vehicle registration fees, with outlined exceptions (A.R.S. § 28-2402). Of the $25 special plate fee, $8 is an administrative fee and $17 is an annual donation to a specified organization. Special plates are established through statutory authority and require a standard $32,000 implementation fee from an organization.ProvisionsInstructs ADOT to issue the Support Cancer Victims Special Plate, if by December 31, 2022, a person pay $32,000 for implementation. (Sec. 3)Instructs ADOT to issue a Real Estate Professional Special Plate, if by December 31, 2021, an entity pays $32,000. (Sec. 3)Requires the Real Estate Professional Special Plate to only be issued to members of the entity that pays the implementation fee. (Sec. 3)Requires the person that provides the $32,000 to design the respective special plate, subject to approval by ADOT. (Sec. 3)Allows ADOT to combine a request for each respective special plate and a personalized special plate, in a form prescribed by ADOT and subject to fees for both plates. (Sec. 3)Establishes the Support Cancer Victims Special Plate Fund and the Real Estate Professional Special Plate Fund, each administered by ADOT. (Sec. 3)Requires that, of the $25 fee required to obtain and renew a special plate, $8 is an administrative fee and $17 is an annual donation. (Sec. 3)Requires that the $8 administrative fee be deposited into the State Highway Fund and the $17 annual donation be deposited into each respective Fund. (Sec. 3)left8077200? 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 NoteRequires that the first $32,000 in each Fund to be reimbursed to the person who paid the implementation fee. (Sec. 3)Requires that no more than 10% of the monies annually deposited in each Fund be used to administer the Fund. (Sec. 3)Stipulates that monies in each Fund are continuously appropriated. (Sec. 3)Requires ADOT to annually allocate monies from the Support Cancer Victims Special Plate Fund, excluding administrative fees, to a nonprofit entity that must:Provide emotional, nutritional and physical support for cancer victims, families and caregivers; Provide evidenced-based programming that includes symptom management, mental health and long-term survivorship skill training offered in a home-like, comfortable, nonclinical environment; Deliver all programs free of charge to anyone impacted by cancer; Have been in operation in Arizona for over 20 years;Be affiliated with a national organization promoting the same cause; andHave a statewide mission to serve all parts of Arizona, including rural and underserved communities. (Sec. 3)Requires ADOT to annually allocate monies from the Real Estate Professional Special Plate Fund, excluding administrative fees, to a nonprofit entity that must:Be a trade association in Arizona;Represent more than 50,000 real estate professionals;Subscribe to the strict code of ethics outlined by the national association of realtors; andHas members who are active real estate licensees and who include professionals from all areas of real estate, including residential, commercial, property management, land, appraisal and relocation. (Sec. 3)Requires the monies distributed from the Real Estate Professional Special Plate Fund to be used to help build and operate affordable supportive housing so more units can be constructed to meet the growing needs for communities in Arizona and reduce the number of people experiencing homelessness. (Sec. 3)Requires the State Treasurer, on notice of ADOT, to invest and divest money in each Fund. Requires monies earned from investments to be credited to each respective Fund. (Sec. 3)Makes technical and conforming changes. (Sec. 1-2, 4-6)ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: TAT DP 9-0-0-0 | 3rd Read 27-3-0-0House: TRANS DP 11-0-0-1SB 1312: veterans; special license plates; design.Sponsor: Senator Borrelli, LD 5Caucus & COWOverviewEstablishes the Veterans of Overseas Conflicts Auxiliary Special Plate and Fund.HistoryPursuant to A.R.S. § 28-2351, the Arizona Department of Transportation (ADOT) is required to provide every vehicle owner one license plate for every vehicle registered upon application and on payment of prescribed fees. In accordance with A.R.S. § 28-2403, special plates may be issued by ADOT in lieu of the regular license plate, upon application. An initial and annual renewal fee of $25 is required for the special plate in addition to the vehicle registration fees, with outlined exceptions (A.R.S. § 28-2402). Of the $25 special plate fee, $8 is an administrative fee and $17 is an annual donation to a specified organization. Special plates are established through statutory authority and require a standard $32,000 implementation fee from an organization.ProvisionsDirects ADOT to issue a Veterans of Overseas Conflicts Auxiliary Special Plate if by December 31, 2021 a person pays $32,000 for implementation. (Sec. 3) Allows ADOT to combine requests for the special plate and a personalized special plate, in a form prescribed by ADOT and subject to fees for both plates. (Sec. 3) Requires that the special plate have a standard design with: One area on the plate that is a three-inch square and that is set aside for a logo or message; andOne area on the bottom of the plate that is set aside for a message. (Sec. 3) Requires ADOT to determine the standard design of the plate and approve the logo or message. (Sec. 3) Establishes the Veterans of Overseas Conflicts Auxiliary Special Plate Fund (Fund) to be administered by ADOT. (Sec. 3) Requires that, of the $25 fee required to obtain and renew a special plate, $8 is an administrative fee and $17 is an annual donation. (Sec. 3) Requires that the $8 administrative fee be deposited into the State Highway Fund and the $17 annual donation be deposited into the Fund. (Sec. 3) 08020050? 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 NoteRequires that the first $32,000 in the Fund be reimbursed to the person who paid the implementation fee. (Sec. 3) Requires that no more than 10% of the monies annually deposited in the Fund be used to administer the Fund. (Sec. 3) States that monies in the Fund are continuously appropriated. (Sec. 3)Requires ADOT to annually allocate monies from the Fund, excluding administrative fees, to a charitable organization that: Is located in Arizona; Has a tradition of serving veterans, active duty personnel and their families;Has been established in 1931; Has over 10,000 members; Has at least 52 auxiliaries in Arizona; andHas begun serving male family members of women veterans and women active duty personnel in 2015. (Sec. 3) Requires the charitable organization to use monies allocated only to fund its charitable work. (Sec. 3) Directs the State Treasurer, on notice of ADOT, to invest and divest money in the Fund.Requires monies earned from investments to be credited to the Fund. (Sec. 3)Makes technical and conforming changes. (Sec. 1, 2, 4-6) ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: FIN DP 9-0-1-0 | 3rd Read 30-0-0-0House: WM DP 10-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1350: income tax; returns; filing extension..Sponsor: Senator Leach, LD 11Caucus & COWOverviewThe due date for an income tax return for a taxpayer filing a corporate, partnership or exempt organization return that has been granted an extension will be seven months from the initial due date.HistoryThe Department of Revenue may grant an automatic extension for filing an income tax return due under title 43 if at least 90% of the tax liability has been paid and the request is received or mailed on or before the date the return is due. If 90% of the tax liability has not been paid at the time for filing for extension, then the tax payer is subject to a penalty of one-half of one percent of the tax not paid for each thirty-day period or fraction of a thirty-day period between when the tax is due and when it is paid. The maximum penalty that can be imposed is 25%. An extension or extensions may not aggregate more than six months after the due date provided for the filing of returns. If a taxpayer is granted an extension to file for a federal income tax, then the taxpayer is deemed to have been granted the same extension for filing an Arizona income tax return for the same period. (A.R.S. § 42-1107)ProvisionsStates that the due date for an income tax return for a taxpayer filing a corporate, partnership or exempt organization that has been granted an extension is seven months after the initial due date. (Sec. 1) Excludes a business that files a return as a small business corporation from Provision 1. (Sec. 1)Adds a retroactivity clause to taxable years beginning January 1, 2021. (Sec. 2)Contains technical changes. (Sec. 1)07981950? 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 NoteARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: APPROP DP 10-0-0-0 | 3rd Read 30-0-0-0 House: WM DPA 10-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1449: schools; state aid; adjustmentSponsor: Senator Kerr, LD 13Caucus & COWOverviewAllows school district governing boards to request — subject to review by the Joint Legislative Budget Committee (JLBC) — that the Superintendent of Public Instruction (SPI) recalculate state aid if there is a change in assessed valuation that occurred as the result of a county or state board of equalization decision. HistoryIf the SPI determines that a school's state aid calculation or budget limits within the previous years did not conform with statutory requirements, the SPI must require the errors to be corrected in one of three manners:Corrections may be made in the current year or the budget year;If there is a state aid calculation error, the school district's or charter school's state aid is to either be increased or decreased in the year(s) in which the correction is made; or If there is an error in the school district's or charter school's budget limits, there must be a public hearing to require the governing board or governing body to reduce or allow it to increase its budget by the amount of the correction to be made that year. (A.R.S. § 15-915) Currently, the SPI, subject to review by JLBC, must adjust state aid for a school district in the current year if the school district governing board requests the recalculation of state aid for a prior year due to a change in assessed valuation that occurred as a result of a court judgment relating to a property tax appeal (A.R.S. § 15-915, 42-16213). A property owner may file a petition with the assessor if — in the owner's opinion — the property has been valued too highly, improperly listed on the roll or otherwise improperly valued (A.R.S. § 42-16051). The assessor is given authority to consider all petitions and rule on each (A.R.S. § 42-16055). A decision of a county assessor may be appealed to a county board of equalization (A.R.S. § 42-16105). If a county board of equalization is not established in the county where the property is located, the petitioner may appeal the assessor's decision to the state board of equalization (A.R.S § 42-16157). The State Board of Equalization is an independent agency that is not subject to the supervision or control of the Department of Revenue (A.R.S § 42-16152).Provisions07981950? 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 NoteAdds that the SPI, subject to review by JLBC, must adjust state aid for a school district in the current year if the school district governing board requests the recalculation of state aid for a prior year due to a change in assessed valuation that occurred as a result of:A decision by a county board of equalization; or A decision by the State Board of Equalization. (Sec. 1)Contains a retroactivity clause of July 1, 2019. (Sec. 1)Contains technical changes. (Sec. 1) AmendmentsCommittee on Ways and MeansAdds that the SPI, subject to review by JLBC, must adjust state aid for a school district in the current year if the school district governing board requests the recalculation of state aid for a prior year due to a change in assessed valuation that occurred as a result of a correction of a property tax error. ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: FIN DPA 9-0-1-0 | 3rd Read 30-0-0-0House: WM DPA 10-0-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1659: fire district annual budget; summarySponsor: Senator Leach, LD 11Caucus & COWOverviewRequires a fire district budget to include an itemized annual estimate of revenues and expenses for the preceding and current fiscal years. Additionally, if the fire district does not maintain its own website, it requires that this information be posted on the county website in which the fire district is located. HistoryFire districts are governed by three-member or five-member boards, depending on the population of the fire district. A fire district board may: 1) employ personnel; 2) finance the acquisition of property; 3) enforce fire code; and 4) enter into intergovernmental agreements. A fire district board must hold monthly meetings, unless the fire district's population is fewer than 500,000 persons. A fire district board must prepare an annual budget that contains: 1) a certification that the fire district has not incurred any debt or liability in excess of taxes levied; 2) an estimate of the revenue or expenses for the following two fiscal years; and 3) a study of merger, consolidation or joint operation, if the fire district's estimate of expenses exceeds the revenue estimate. The annual budget summary must be posted in three public places and on the fire district's official website at least 20 days before a public hearing. Any fire district without an official website may comply by posting the annual budget on the website of an association of fire districts in Arizona. (A.R.S. §§ 48-805 and 48-805.02).ProvisionsRequires a fire district board's annual adopted budget to include the:Estimated number of full-time employees; Total estimated personnel compensation; Amounts necessary to pay the interest and principle of outstanding voter approved bonds the fire district proposes to raise by secondary property tax levies; Amounts necessary to construct, purchase, lease, or lease-purchase property;Amounts necessary for unanticipated contingencies or emergencies; Estimated amounts to be received from sources other than direct property taxes; Amounts levied for fire district operations on the secondary property tax roll; Amounts levied by the fire district assistance tax; Separate statement of the secondary property tax rate for operations and repayment of bonds; Amounts to procure services, including those of an organized private fire protection provider or a fire department of a neighboring city, town or fire district, or for emergency medical services; Any amount of all other authorized services; and Beginning fund balance which shall reflect the restricted and unrestricted unencumbered balance from the previous fiscal year. (Sec. 1)Requires an adopted annual budget to include a fully itemized estimate of revenues and expenses for the proceeding and current fiscal year on forms provided by the Office of the Auditor General. (Sec. 1)Requires the total estimated personnel compensation included in the annual budget to separately state the employee salaries and the employee-related expenses for retirement and health care costs. (Sec. 1)Requires any audit, report or review of a fire district to be posted in a prominent location on the fire district's official website. (Sec. 1)Requires a fire district that does not maintain an official website to post any audit, report or review on a website of an association of fire districts in Arizona or request one or more counties that the fire district occupies to post the audit, report or review on the official county website07981950? 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)Requires the proposed annual budget, rather than a budget summary, to be posted in a prominent location on the fire district's official website. (Sec. 1)Requires a fire district that does not maintain an official website to post the proposed budget on a website of an association of fire districts in Arizona or request one or more counties the fire district occupies to post the proposed budget on the official county website. (Sec. 1)Makes technical and conforming changes. (Sec. 1, 2 and 3)AmendmentsCommittee on Ways and MeansRemoves the requirement that the budget information be posted on an official county website when the fire district doesn't maintain its own.ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth LegislatureFirst Regular SessionSenate: Fin DPA 9-0-1-0 | 3rd Read 23-6-1-0House: WM DP 9-1-0-0 HYPERLINK "" \o "Bill Status Inquiry" SB 1734: agricultural property; reclassification; noticeSponsor: Senator Kerr, LD 13Caucus & COWOverviewRequires a county assessor to notify a property owner by certified mail if it is determined that there has been a change of use and the property ceases to qualify as agricultural property.HistoryFor property to qualify as agricultural property it must: 1) be primarily used for agricultural purposes and have been in production at least three of the past five years; 2) have a reasonable expectation of profit from agricultural use of the land; and 3) must be managed and operated on a unitary basis and each parcel must make a functional contribution to the agricultural use of the property, if the property consists of noncontiguous parcels. (A.R.S. § 42-12152)The county assessor must notify the property owner of whether the property has been approved or disapproved for the agricultural property classification on or before March 1. If the county assessor disapproves the agricultural property classification, the county assessor must notify the property owner within 120 days of the application. The property owner may appeal the decision according to the administrative review of valuation process or the property tax appeals process. (A.R.S. § 42-12155)Within 30 days of receiving a notice of proposed property tax classification correction, a taxpayer may file a written response that consents or disputes the correction and states the grounds for the dispute. The taxpayer may file a petition to the county board of equalization. Upon receiving this petition, the county board of equalization must hold a hearing within 30 days to decide the case. A dissatisfied party may appeal the ruling to the court within 60 days of the decisions filing. (A.R.S. § 42-16252)ProvisionsRequires a county assessor, if the county assessor determines a change of use and the property ceases to qualify as agricultural property, to notify the property owner by certified mail of the reason for reclassifying the property and to include information for the property owner to appeal the reclassification07981950? 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. 2 and 3)Allows an owner of reclassified agricultural property to appeal the decision of the county assessor using the statutorily prescribed process for correcting property tax errors. (Sec. 2)Makes technical changes. ................
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