ARIZONA HOUSE OF REPRESENTATIVES - Arizona Legislature



ARIZONA HOUSE OF REPRESENTATIVESFifty-third Legislature - First Regular SessionMAJORITY CAUCUS CALENDARFebruary 20, 2017Bill NumberShort TitleCommitteeDateActionCommittee on AppropriationsChairman:Don Shooter, LD13Vice Chairman:David Livingston, LD22Analyst:Jennifer ThomsenIntern:Marlee McCormickHB 2212federal financial assistance; reportsSPONSOR:LEACH, LD11HOUSEAPPROP2/15DPA(7-6-0-1-0)(No: ALSTON,CARDENAS,CLARK,FERNANDEZ,FRIESE,NORGAARD; Abs: RIVERO)Committee on Banking and InsuranceChairman:David Livingston, LD22Vice Chairman:Eddie Farnsworth, LD12Analyst:Paul BennyIntern:Sheridan SmedeHB 2482workers' compensation; employee definition; notice.SPONSOR:LIVINGSTON, LD22HOUSEBI2/13DP(5-3-0-0-0)(No: POWERS HANNLEY,SALMAN,BUTLER)Committee on CommerceChairman:Jeff Weninger, LD17Vice Chairman:Jill Norgaard, LD18Analyst:Diana ClayIntern:James Garret MooneyHB 2365wireless facilities; collocation; rights-of-way (COM S/E: wireless providers; use of rights-of-way)SPONSOR:WENINGER, LD17HOUSECOM2/7DPA/SE(9-0-0-0-0)HB 2417signatures; electronic transactions; blockchain technologySPONSOR:WENINGER, LD17HOUSECOM2/14DP(9-0-0-0-0)Committee on EducationChairman:Paul Boyer, LD20Vice Chairman:Douglas Coleman, LD16Analyst:Aaron WondersIntern:Andrew BadertscherHB 2199gifted pupils; fundingSPONSOR:CARTER, LD15HOUSEED2/6DP(10-0-0-1-0)(Abs: BOYER)APPROP2/15DPA(12-0-1-1-0)(Abs: RIVERO; Present: UGENTI-RITA)Committee on Energy, Environment and Natural ResourcesChairman:Russell "Rusty" Bowers, LD25Vice Chairman:Brenda Barton, LD6Analyst:Sharon CarpenterIntern:Benjamin KapplerHB 2152Arizona emissions bank; credits; amendments (EENR S/E: emissions credits; voluntary emissions bank)SPONSOR:BOWERS, LD25HOUSEEENR2/14DPA/SE(9-0-0-0-0)HCM 2005hardrock mining; rule; urging EPASPONSOR:COOK, LD8HOUSEEENR2/14DP(7-2-0-0-0)(No: GONZALES,ENGEL)HCM 2006clean power plan; repeal; replaceSPONSOR:BARTON, LD6HOUSEEENR2/14DPA(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)HCM 2008exceptional events rule; revisionsSPONSOR:BOWERS, LD25HOUSEEENR2/14DP(6-3-0-0-0)(No: GONZALES,DESCHEENIE,ENGEL)Committee on Federalism, Property Rights and Public PolicyChairman:Bob Thorpe, LD6Vice Chairman:Mark Finchem, LD11Analyst:Brittany GreenIntern:Maddison PowersHB 2157private property access; rights-of-waySPONSOR:BOWERS, LD25HOUSEFPRPP1/24DP(6-1-1-1-0)(No: BLANC; Abs: HERNANDEZ; Present: NAVARRETE)HB 2357floodplain management regulations; nonstructural damageSPONSOR:UGENTI-RITA, LD23HOUSEFPRPP2/14DP(5-4-0-0-0)(No: CAMPBELL,HERNANDEZ,BLANC,NAVARRETE)HB 2398invalid annexation; procedureSPONSOR:BOWERS, LD25HOUSEFPRPP2/14DPA(6-3-0-0-0)(No: HERNANDEZ,BLANC,NAVARRETE)HB 2449convention; delegates; limitations; oathSPONSOR:THORPE, LD6HOUSEFPRPP2/14DP(5-4-0-0-0)(No: CAMPBELL,HERNANDEZ,BLANC,NAVARRETE)HCM 2007proposing regulation freedom amendment; CongressSPONSOR:FINCHEM, LD11HOUSEFPRPP2/14DP(6-3-0-0-0)(No: HERNANDEZ,BLANC,NAVARRETE)HCR 2022balanced budget convention; delegatesSPONSOR:MESNARD, LD17HOUSEFPRPP2/14DP(6-3-0-0-0)(No: HERNANDEZ,BLANC,NAVARRETE)HCR 2023Article V convention; term limitsSPONSOR:STRINGER, LD1HOUSEFPRPP2/14DP(6-3-0-0-0)(No: HERNANDEZ,BLANC,NAVARRETE)Committee on GovernmentChairman:Douglas Coleman, LD16Vice Chairman:Bob Thorpe, LD6Analyst:Mike HansIntern:Kassandra HendricksenHB 2055ballots; defects; notice and cureSPONSOR:CLARK, LD24HOUSEGOV2/16DP(8-0-0-0-0)HB 2316precinct committeemen; term of officeSPONSOR:LAWRENCE, LD23HOUSEGOV2/16DP(8-0-0-0-0)HB 2339presidential preference election; reimbursementSPONSOR:COLEMAN, LD16HOUSEGOV2/2DP(7-0-1-0-0)(Present: UGENTI-RITA)APPROP2/8DP(13-0-0-1-0)(Abs: UGENTI-RITA)HB 2370withholding of wages; school employeesSPONSOR:COLEMAN, LD16HOUSEGOV2/16DPA(8-0-0-0-0)HB 2412voter registration records; petition submittalsSPONSOR:COLEMAN, LD16HOUSEGOV2/16DPA(8-0-0-0-0)HB 2440state fleet; inventory reductionSPONSOR:WENINGER, LD17HOUSEGOV2/16DPA(7-1-0-0-0)(No: SALMAN)HB 2451government; passwords; data encryptionSPONSOR:THORPE, LD6HOUSEGOV2/16DP(7-0-0-1-0)(Abs: UGENTI-RITA)HB 2472private postsecondary institutions; peace officersSPONSOR:KERN, LD20HOUSEGOV2/16DPA(8-0-0-0-0)HB 2484primary election dateSPONSOR:JOHN, LD14HOUSEGOV2/16DP(5-3-0-0-0)(No: CLARK,SALMAN,MARTINEZ)HB 2523spay and neuter; tax checkoff.SPONSOR:JOHN, LD14HOUSEGOV2/16DPA(7-0-0-1-0)(Abs: UGENTI-RITA)Committee on HealthChairman:Heather Carter, LD15Vice Chairman:Regina E. Cobb, LD5Analyst:Rick HazeltonIntern:Emma HurleyHB 2021child care assistance; eligibility (HEALTH S/E: eligibility; child care assistance)SPONSOR:LAWRENCE, LD23HOUSEHEALTH2/16DPA/SE(9-0-0-0-0)HB 2030insurance coverage; telemedicine; urologySPONSOR:CARTER, LD15HOUSEHEALTH2/16DP(8-1-0-0-0)(No: LAWRENCE)HB 2191child support; administrative order; enforcementSPONSOR:COBB, LD5HOUSEHEALTH2/16DPA(9-0-0-0-0)HB 2208inhalers; administration; schools; authorized entities (HEALTH S/E: inhaler administration; schools)SPONSOR:CARTER, LD15HOUSEHEALTH2/16DPA/SE(9-0-0-0-0)HB 2323critical health information; emergency respondersSPONSOR:GABALD?N, LD2HOUSEHEALTH2/16DP(9-0-0-0-0)HB 2382pharmaceuticals; misbranding; enforcement prohibitedSPONSOR:LOVAS, LD22HOUSEHEALTH2/16DPA(9-0-0-0-0)HB 2423parents' rights; DCS website informationSPONSOR:TOWNSEND, LD16HOUSEHEALTH2/16DP(9-0-0-0-0)HB 2426community health workers; voluntary certification.SPONSOR:FERNANDEZ, LD4HOUSEHEALTH2/16DPA(9-0-0-0-0)HB 2493drug overdose; review team; confidentialitySPONSOR:CARTER, LD15HOUSEHEALTH2/16DPA(9-0-0-0-0)HB 2494dental board; expenditure limitation; repealSPONSOR:CARTER, LD15HOUSEHEALTH2/16DP(9-0-0-0-0)HB 2497organ; tissue; donations; procurement organizationsSPONSOR:COBB, LD5HOUSEHEALTH2/16DP(9-0-0-0-0)HB 2510schools; immunization records; retentionSPONSOR:NORGAARD, LD18HOUSEHEALTH2/16DPA(7-2-0-0-0)(No: POWERS HANNLEY,NAVARRETE)HB 2514certificates of necessity; service area (HEALTH S/E: ambulance operation; certificate of necessity)SPONSOR:CARTER, LD15HOUSEHEALTH2/16DPA/SE(6-3-0-0-0)(No: POWERS HANNLEY,BUTLER,NAVARRETE)HCM 2011zero tolerance; female genital mutilationSPONSOR:UGENTI-RITA, LD23HOUSEHEALTH2/16DP(9-0-0-0-0)Committee on Judiciary and Public SafetyChairman:Eddie Farnsworth, LD12Vice Chairman:Anthony T. Kern, LD20Analyst:Katy ProctorIntern:Sue LuntHB 2170anti-racketeering monies; police trainingSPONSOR:THORPE, LD6HOUSEJPS2/15DP(7-2-0-0-0)(No: GONZALES,ENGEL)FPRPP1/24DP(8-0-0-1-0)(Abs: HERNANDEZ)HB 2192child support; driver license restrictionSPONSOR:COBB, LD5HOUSEJPS2/15DPA(9-0-0-0-0)HB 2211alcohol; drug monitoring program; establishment (JPS S/E: corrections; treatment programs; annual report)SPONSOR:CARTER, LD15HOUSEJPS2/15DPA/SE(9-0-0-0-0)HB 2243anti-racketeering revolving funds; electronic reportsSPONSOR:FARNSWORTH E, LD12HOUSEJPS2/15DP(9-0-0-0-0)FPRPP1/24DP(8-0-0-1-0)(Abs: HERNANDEZ)HB 2244concealed weapons permit; electronic reportsSPONSOR:FARNSWORTH E, LD12HOUSEJPS2/15DP(9-0-0-0-0)HB 2269victims' rights; requirements; monetary judgmentsSPONSOR:SYMS, LD28HOUSEJPS2/15DPA(9-0-0-0-0)HB 2375victims; medical bills; prohibited actsSPONSOR:BOYER, LD20HOUSEJPS2/15DPA(9-0-0-0-0)HB 2402prohibited possessors; driving record; notationSPONSOR:SHOPE, LD8HOUSEJPS2/15DPA(8-1-0-0-0)(No: KERN)HB 2435name change; juvenile courtSPONSOR:CLODFELTER, LD10HOUSEJPS2/15DP(7-2-0-0-0)(No: KERN,STRINGER)HB 2444sexual assault; victim advocates; privilegeSPONSOR:SYMS, LD28HOUSEJPS2/15DP(9-0-0-0-0)HB 2477civil forfeiture; report information; remediesSPONSOR:FARNSWORTH E, LD12HOUSEJPS2/15DPA(9-0-0-0-0)FPRPP2/14DP(9-0-0-0-0)HB 2515governor appointees; criminal records checksSPONSOR:FARNSWORTH E, LD12HOUSEJPS2/15DP(9-0-0-0-0)Committee on Land, Agriculture and Rural AffairsChairman:Brenda Barton, LD6Vice Chairman:Darin Mitchell, LD13Analyst:Sharon CarpenterIntern:Benjamin KapplerHB 2095state lands; perpetual rights-of-waySPONSOR:BOWERS, LD25HOUSELARA2/16DPA(8-0-0-0-0)HB 2366agricultural land; fallowing; property taxSPONSOR:SHOPE, LD8HOUSELARA2/16DP(7-1-0-0-0)(No: BENALLY)Committee on Local and International AffairsChairman:Tony Rivero, LD21Vice Chairman:Todd A. Clodfelter, LD10Analyst:Mike HansIntern:Kassandra HendricksenHB 2411homeowners' associations; open meetingsSPONSOR:LOVAS, LD22HOUSELIA2/15DP(5-2-0-0-0)(No: BLANC,CH?VEZ)HB 2419homeowners' associations; disclosure documents; feesSPONSOR:LEACH, LD11HOUSELIA2/15DP(7-0-0-0-0)HB 2496homeowners' associations; board duties; acknowledgmentSPONSOR:LEACH, LD11HOUSELIA2/15DPA(7-0-0-0-0)Committee on Transportation and InfrastructureChairman:Noel W. Campbell, LD1Vice Chairman:Drew John, LD14Analyst:Liam MaherIntern:Jack HortonHB 2368oxygenated fuel standards; formula.SPONSOR:MOSLEY, LD5HOUSETI2/8DPA(8-0-0-0-0)HB 2379towing; vehicle removal; abandoned vehiclesSPONSOR:CAMPBELL, LD1HOUSETI2/15DPA(8-0-0-0-0)HB 2399waste tires; definitionsSPONSOR:CAMPBELL, LD1HOUSETI2/15DPA(8-0-0-0-0)HB 2408disability parking; wheelchair usersSPONSOR:STRINGER, LD1HOUSETI2/15DP(7-1-0-0-0)(No: ANDRADE)HB 2461toll roads; conversion; prohibition.SPONSOR:PAYNE, LD21HOUSETI2/15DP(5-3-0-0-0)(No: ANDRADE,SALDATE,RUBALCAVA)HB 2483motor vehicle dealers; title informationSPONSOR:JOHN, LD14HOUSETI2/15DPA(8-0-0-0-0)HB 2512warning devices; motor vehiclesSPONSOR:JOHN, LD14HOUSETI2/15DP(8-0-0-0-0)HJR 2001Phoenix-Goodyear airport; reuse zone.SPONSOR:MITCHELL, LD13HOUSETI2/15DP(8-0-0-0-0)Committee on Ways and MeansChairman:Michelle B. Ugenti-Rita, LD23Vice Chairman:Vince Leach, LD11Analyst:Michael MaddenIntern:Edith LefevreHB 2280department of revenue; electronic filingSPONSOR:SHOOTER, LD13HOUSEWM2/15DPA(8-0-0-1-0)(Abs: BOLDING)HB 2422annual report; corporate tax creditsSPONSOR:MITCHELL, LD13HOUSEWM2/15DP(9-0-0-0-0)HB 2433income tax subtraction; veterans' pensionsSPONSOR:CLODFELTER, LD10HOUSEWM2/15DP(8-0-0-1-0)(Abs: BOLDING)HB 2452bonding; amortized premium; segregated fundSPONSOR:NORGAARD, LD18HOUSEWM2/15DP(8-0-0-1-0)(Abs: UGENTI-RITA)HB 2495consolidated election dates; tax authorizationSPONSOR:PAYNE, LD21HOUSEWM2/15DP(6-3-0-0-0)(No: BOLDING,CARDENAS,EPSTEIN)HB 2521TPT reform; contractorsSPONSOR:COBB, LD5HOUSEWM2/15DPA(5-3-0-1-0)(No: LAWRENCE,LEACH,WENINGER; Abs: BOLDING)HB 2528index exemptions; unused tax creditsSPONSOR:MESNARD, LD17HOUSEWM2/15DP(9-0-0-0-0)center-51861400ARIZONA HOUSE OF REPRESENTATIVESHB 2212: federal financial assistance; reportsPRIME SPONSOR: Representative Leach, LD 11BILL STATUS: HYPERLINK ""Caucus and COW APPROP: DPA (7-6-0-1)right1567180Legend:ADOA- Arizona Department of Administration FY- Fiscal YearAmendments – BOLD and Stricken (Committee)00Legend:ADOA- Arizona Department of Administration FY- Fiscal YearAmendments – BOLD and Stricken (Committee)AbstractRelating to agencies and political subdivisions reporting federal funding. ProvisionsDirects agencies and political subdivisions (agency) to prepare a yearly financial report by October 31 that includes the following: the aggregate dollar amount of prior FY federal receipts and legislative appropriations of federal monies made to the agency. the percentage of the agency's budget that constitutes federal monies.a plan if federal monies are reduced by 5% or more and 25% or more (Sec. 1). 2. Requires the agencies must submit the report to ADOA by November 1 (Sec. 1)3. Requires the ADOA to complete a yearly financial report by November 30 that includes the following: a summary of the financial reports from each agency.a comparison of the aggregate dollar amount of federal monies reported by each agency and the agency's total budget.a list of agencies that failed to submit a report (Sec. 1).4. Requires ADOA to transmit copies of the report to the chairpersons of the Senate and House of Representatives Committees on Appropriations to be placed on the respective agenda of the next committee meeting by December 1. The Committees may make recommendations on future legislative appropriations to the agencies based on the report. (Sec. 1). 5. Defines designated state agency, federal receipts and political subdivision. MODIFIES THE DEFINITION OF POLITICAL SUBDIVISION. (APPROP) (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note Federal financial assistance is defined as means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with guidance issued by the Director of the Office of Management and Budget (31 U.S.C § 7501). center-44450000ARIZONA HOUSE OF REPRESENTATIVESHB 2482: workers' compensation; employee definition; notice.PRIME SPONSOR: Representative Livingston, LD 22BILL STATUS: Caucus and COWBI: DP 5-3-0-0right1504950Legend:Commission – Industrial Commission of ArizonaAmendments – BOLD and Stricken (Committee)00Legend:Commission – Industrial Commission of ArizonaAmendments – BOLD and Stricken (Committee)AbstractRelating to workers' compensation.ProvisionsAdds working members who own less than 25% of the membership interest of an LLC to the definition of employee.Sets the basis for computing wages and compensation benefits. (Sec. 1)Removes language prohibiting a self-insurance pool to require an employee be treated by a specific physician. (Sec. 3)Removes the requirement for the Commission to send a claim form to an employee if the Commission is notified of the injury. (Sec. 5)Clarifies an insurance carrier or self-insurer who fails to notify an employee when their claim has been accepted or denied must pay immediate compensation.Applies to cases involving seven days or less of time lost from work. (Sec. 5)Allows the state or a political subdivision of the state to collect one-half of the cost for providing medical, surgical, and hospital benefits, in lieu of making premium payments. (Sec. 7)Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 7)Current LawAny business that has regularly employed workers must obtain workers' compensation insurance. Employers may secure workers' compensation in one of two ways:By maintaining a workers' compensation insurance policy with an insurance carrier, orBy providing proof of ability to pay compensation directly or through a workers' compensation pool (A.R.S. § 23-961).Workers' compensation is a "no-fault" system in which an injured employee is entitled to receive benefits for an industrial injury, no matter who caused the job-related accident. center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note center-46545500ARIZONA HOUSE OF REPRESENTATIVESHB 2365: wireless facilities; collocation; rightsofwayPRIME SPONSOR: Representative Weninger, LD 17BILL STATUS: Caucus and COWCOM: DPA/SE 9-0-0-0right1494790Legend:Authority – City, Town, County, Special District, Political Subdivision or noted Decision-Maker. LLC – Limited Liability CompanyPerson – Individual, Corporation, LLC, Partnership, Association, Trust or AuthorityInstall / Installation – Construct, Install, Mount, Maintain, Modify, Operate, ReplaceAmendments – BOLD and Stricken (Committee)00Legend:Authority – City, Town, County, Special District, Political Subdivision or noted Decision-Maker. LLC – Limited Liability CompanyPerson – Individual, Corporation, LLC, Partnership, Association, Trust or AuthorityInstall / Installation – Construct, Install, Mount, Maintain, Modify, Operate, ReplaceAmendments – BOLD and Stricken (Committee)AbstractRelating to the use of public right-of-way and wireless facilities.ProvisionsAdds Article 8 (Use of Public Highways by Wireless Providers) to the Title 9 (Cities and Towns) statutes. (Sec. 1)Wireless Providers and Use of Right-of-Way [A.R.S. § 9-592]Applies to activities by a wireless provider within a right-of-way.Prevents an Authority from entering into an exclusive contract with any Person for the use of a right-of-way for wireless facilities or their related support structures or collocation of small wireless facilities. Permits an Authority to charge a rate or fee to a wireless provider for the use of the right-of-way as outlined, but only if there is an equivalent charge to other communications service providers or public, cooperative or municipal utilities. Prohibits certain acts and limits the rate or fee to: The actual cost of managing the right of way.A competitively neutral cost in comparison to all other users.A maximum $20 per utility pole or wireless support structure in the Authority's jurisdiction as outlined. Directs an Authority to establish and make publicly available the rates, fees and terms for installation of a wireless facility, utility pole or wireless support structure (including collocation), the later of six months after the effective date of this legislation or three months after receiving a request from a wireless provider. States that existing agreements between an Authority and a wireless provider remain in effect as outlined and details a process for terminating the agreements. Permits a wireless provider to collocate wireless facilities and install utility poles and related equipment along, under, across and on the right of way as outlined and subject to any required application. Outlines requirements to avoid any public safety issue, hindrance of traffic flow, or obstruction for use by other utilities. Restricts the size of each new or modified utility pole and wireless support structure as outlined, which are not subject to zoning review or approval. left173990? 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 wireless provider to exceed the stated size limitations, subject to applicable zoning regulations. Authorizes an Authority to require an application for the installation of new or modified utility poles, wireless support structures and wireless facilities that are not small wireless facilities. Details the approval and denial process. Deems an application approved if the Authority fails to timely act according to all applicable laws. Requires installation to be complete within one year after the permit approval date, unless both parties agree to an extension. Renews the permit in 10-year increments as outlined. Prescribes the Authority's duty to be competitively neutral and nondiscriminatory while managing the rights-of-way. Authorizes an Authority to require a wireless provider to return an area to its original state by repairing all damage directly caused by installation, repairs or maintenance of the right-of-way.Permits the Authority to make repairs and charge reasonable, documented costs if the wireless provider fails to make the necessary repairs after written notice and passage of a reasonable amount of time. Small Wireless Facilities and Use Within or Outside of Right-of-Way [A.R.S. § 9-593]Applies to activities of a wireless provider within or outside of a right-of-way. Asserts that an Authority cannot prohibit, regulate or charge for the collocation of small wireless facilities classified as a permitted use and not subject to zoning review or approval, except as outlined. Details the application process, the approval and denial process and allows an Authority to require one or more permits to collocate small wireless facilities. Outlines requirements for consolidated applications. Permits a consolidated application and single permit for the collocation of up to 50 small wireless facilities if the application involves a single Authority and substantially the same type of small wireless facilities and structures.Requires an application to attest that collocation will begin within one year after the permit approval date. Requires an Authority to process applications in a nondiscriminatory way and issue permits to collocate small wireless facilities as follows:Determine the application's administrative completeness and notify the applicant of any deficient information.Approve an application, except as outlined.List reasons and code violations when denying an application. Deem the application approved if not processed within 60 days after receipt. Detail the process to cure deficiencies, including an application with multiple small wireless facilities. Details prohibited acts and monetary charges by the Authority. States that a permit granted for collocation must be completed within one year after the approval unless both parties agree to an extension. Renews the permit in 10-year increments as outlined. Allows the Authority to charge an application fee if required for similar developments as follows: The lesser amount charged for a building permit for land use development or $100 each for up to five small wireless facilities noted in an application and $50 for each additional one.The rate must be the actual, direct and reasonable cost related to the application process.The Authority has the burden of proof for any controversy surrounding an application fee being actual, direct and reasonable. Stipulates the provisions do not allow any person to collocate small wireless facilities on privately owned utility poles, wireless support structures or private property located outside of the right-of-way without the owner's consent. Structures Subject to Zoning [A.R.S. § 9-594]Applies to zoning reviews for non-exempt activities inside the right-of-way, including the modification of existing or the installation of new wireless support structures, utility poles or wireless facilities and the collocation of wireless facilities.Requires an Authority to process applications in a nondiscriminatory way for the modification of existing or the installation of new wireless support structures, utility poles or wireless facilities and the collocation of wireless facilities as follows:Determine the application's administrative completeness and notify the applicant of any deficient or missing information.Approve an application, except as outlined.List reasons and substantial supporting evidence when denying an application. Deem the application approved if not processed within 150 calendar days after receipt or within 90 calendar days after receipt for a collocation of facilities. Detail the process to cure deficiencies, including an application with multiple small wireless facilities. Details prohibited acts and monetary charges by the Authority.Allows the Authority to charge an application fee if required for similar developments as follows: The lesser amount charged for a building permit for land use development or $1,000 for the modification of existing or the installation of new wireless support structures, utilities or wireless facilities or a substantial modification of a wireless support structure.The applicant's business decisions regarding the technology, type and location of wireless facilities and related support structures are presumed to be reasonable. The approval term of an application does not expire, except construction must begin within two years after final approval until completion. Access to Authority Utility Poles and Collocation for Other Commercial Projects/Uses [A.R.S. § 9-595]Prevents an Authority from entering into an exclusive arrangement with any Person for the right to attach to Authority utility poles.Requires an Authority to process applications in a nondiscriminatory way for the collocation on Authority utility poles, regardless of the services provided by the collocating Person and charge a rate not to exceed the Federal Communications Commission rules or $20 per year per Authority utility pole, whichever is less.Directs an Authority to establish and make publicly available the rates, fees and terms for the collocation of small wireless facilities on Authority utility poles, the later of six months after the effective date of this legislation or three months after receiving a request. Dictates the rates, fees and terms must be nondiscriminatory in nature, competitively neutral and commercially reasonable. Outlines specific requirements for each category, including timeframes for producing good faith estimates. States that existing agreements between an Authority and a wireless provider remain in effect as outlined and details a process for terminating the agreements. Miscellaneous [A.R.S. § 9-596 et al]Outlines the scope of the local Authority for exercising zoning, land use, planning and permitting within its boundaries and excludes certain small wireless facilities located on a campus, stadium or athletic facility.Stipulates the provisions do not authorize Arizona or its political subdivisions to require wireless facility deployment or to regulate wireless services. Details dispute resolution processes and outlines the court's responsibilities.States that an Authority cannot require a wireless provider to either:Indemnify and hold the Authority harmless against any claims or lawsuits or judgments including costs, liens or expenses as outlined.Obtain insurance naming the Authority, its officers or employees, as additional insureds against claims, lawsuits, judgments, costs, liens, losses, expenses or fees. Defines pertinent terms Current LawThere is no current law. center-34516800ARIZONA HOUSE OF REPRESENTATIVESHB 2417: signatures; electronic transactions; blockchain technologyPRIME SPONSOR: Representative Weninger, LD 17BILL STATUS: Caucus and COW34518601454785Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)COM: DP 9-0-0-0AbstractRelating to electronic transactions through blockchain technology.ProvisionsAdds a new Article (Blockchain Technology) to the Arizona Revised Statutes, Title 44 (Trade and Commerce), Chapter 26 (Electronic Transactions).Applies the bill's provisions to Title 47 (Uniform Commercial Code), Chapter 2 (Sales), Chapter 2A (Leases) and Chapter 7 (Documents of Title).Classifies a signature obtained through blockchain technology as an electronic form of?signature.Designates a record or contract secured through blockchain technology as an electronic record form.Authorizes a?smart contract in commerce transactions and confirms the validity of the contract, which?cannot be?denied legal standing or enforceability solely due to its smart contract term.Maintains a person's right to ownership and use of?information secured?using blockchain technology for interstate or foreign commerce.?Prohibits the transfer of a person's?right of ownership or use of information?from?any transaction.Defines blockchain technology and smart contract. ?Current LawTitle 44, Chapter 26, the Arizona Electronic Transactions Act applies to any electronic record and electronic signature created, sent, received or stored as it relates to a transaction, except as noted and governed by another law. The chapter applies only to electronic transactions between consenting parties, outlines general provisions that define terms, security and verification measures. right1003935? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-49738600ARIZONA HOUSE OF REPRESENTATIVESHB 2199: gifted pupils; fundingPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWED: DP (10-0-0-1)APPROP: DPA (12-0-1-1)AbstractRelated to gifted education programs.ProvisionsAppropriates $3.5 million from the GF to ADE in FY 2018 for gifted additional assistance THE FOLLOWING PURPOSES and exempts the appropriation from lapsing. (Sec. 5)$3 MILLION FOR GIFTED ADDITIONAL ASSISTANCE.$500,000 TO BE DISTRIBUTED IN THE FORM OF GRANTS TO SCHOOLS THAT APPLY TO ADE FOR ASSESSMENTS TO IDENTIFY GIFTED PUPILS. (APPROP)Modifies the purpose statement of the gifted education program. (Sec. 2)Directs the scope and sequence of gifted programs to have equitable program design, be for all schools served by the school district and have the social and emotional development components include economically disadvantaged and minority populations. (Sec. 3)Prioritizes gifted monies for local use to be given to identify and serve economically disadvantaged and minority student populations and directs evaluation studies of gifted programs to identify and provide program participation equitably for those students. (Sec. 4)Defines economically disadvantaged pupil. (Sec. 1)Makes technical and conforming changes. (Sec. 1, 3, 4)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteSchool districts governing boards are required to develop a scope and sequence for the identification and curriculum modification of gifted students (A.R.S. § 15-779.02). Included in the scope and sequence is a requirement to include criteria that address program design, identification, curriculum, instruction, social and emotional development, parental and community involvement and other aspects that are reviewed by ADE and SBE at least every four years. School districts that comply with gifted requirements and submit evidence of all applicable teachers having or working towards the proper endorsement are eligible to apply to ADE for additional funding for gifted programs. If sufficient funds are not available SBE determines the allocation of monies based on comprehensiveness across grade levels, appropriateness to the served population and utility and effectiveness. (A.R.S. § 15-779.03).right1513840Legend:GF- General FundADE – Arizona Department of EducationFY – Fiscal YearSBE- State Board of EducationAmendments – BOLD and Stricken (Committee)00Legend:GF- General FundADE – Arizona Department of EducationFY – Fiscal YearSBE- State Board of EducationAmendments – BOLD and Stricken (Committee)center-44050900ARIZONA HOUSE OF REPRESENTATIVESHB 2152: Arizona emissions bank; credits; amendmentsPRIME SPONSOR: Representative Bowers, LD 25BILL STATUS: Caucus and COWEENR: DPA/SE (9-0-0-0) 32791401522730Legend:ACA – Arizona Commerce AuthorityADEQ – Arizona Department of Environmental Quality Bank – Arizona Emissions BankCAA – Clean Air ActERCs – Emission Reduction CreditsNAAQS – National Ambient Air Quality StandardsNSR – new source reviewVOC – volatile organic compoundsAmendments – BOLD and Stricken (Committee)00Legend:ACA – Arizona Commerce AuthorityADEQ – Arizona Department of Environmental Quality Bank – Arizona Emissions BankCAA – Clean Air ActERCs – Emission Reduction CreditsNAAQS – National Ambient Air Quality StandardsNSR – new source reviewVOC – volatile organic compoundsAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to the Bank.ProvisionsClarifies participation in the Bank is voluntary. (Sec. 1) Declares that this state or any political subdivision of this state is not authorized, directly or indirectly, to establish new or more stringent emissions regulations for stationary or mobile sources than provided for in existing law. (Sec. 1)Permits this state, any political subdivision of this state and any person that reduces qualifying emissions to apply to ADEQ to certify ERCs for deposit into the Bank. The reduction in qualifying emissions must be surplus and real to be eligible for certification. (Sec. 1)Directs ADEQ:to act on an application to certify ERCs in accordance with adopted rules; andadopt rules that determine the eligibility of reductions in qualifying emissions for ERCs and the amount of the credits. (Sec. 1)Requires the rules to provide for the award of ERCs equal to the full amount of reductions in qualifying emissions that are permanent, surplus, real and other wise enforceable, unless otherwise required by the CAA. (Sec. 1)Stipulates that reductions in qualifying emissions achieved through truck stop electrification are eligible for deposit in the Bank if:the number of truck stop parking spots is not reduced; andno more than 50% of the truck stop parking spots are converted to ELECTRIC plug-in. (EENR) (Sec. 1)Specifies that until used or voluntarily retired by the owner, ERCs deposited in the Bank: do not expire;must be identified and accounted for in the state implementation plan control strategy for the area in which the reduction in emissions occurred; andmay not be reduced or withdrawn without permission of the owner. (Sec. 1)Requires a fleet owner that applies for ERCs to specify the composition of its proposed participating fleet. (Sec. 1)Retains ADEQ's authority to register the deposit, transfer and use of ERCs if ADEQ delegates certification of the credits to a multi-county air quality control region. (Sec. 1) 9144008059420? 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, rather than requires, a county that has been delegated authority to certify ERCs to establish a fee to cover the reasonable costs of certification. (Sec. 1)Removes the requirement that the ADEQ Director and a county must:consider the likely economic value of the credits; and set a fee that does not discourage the banking of credits. (Sec. 1)38100-6387465? 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 repeal date of July 1, 2019 for the Bank. (Sec. 1)Provides that there is no prohibition on an activity receiving credit by means other than the Bank for emissions reductions, regardless of the date occurred. (Sec. 1)Removes the requirement for ADEQ to make information on ERCs deposited into the Bank accessible to the ACA. (Sec. 1)Defines emission reduction credit and qualifying emissions.Specifies qualifying emissions does not include emissions from a fleet of motor vehicles if the fleet operates outside of a nonattainment area. (Sec. 1)Makes technical and conforming changes. (Sec. 1)Current LawThe EPA sets NAAQS for "criteria" pollutants and designates areas as in attainment or nonattainment. State and local governments are responsible for developing implementation plans outlining how these areas will attain and maintain the standards by reducing air pollutant emissions. Under the CAA, new major stationary sources and major modifications are required to obtain an air pollution permit before commencing construction. A major stationary source means any stationary source of air pollutant that emits, or has the potential to emit, 100 tons/year of any regulated NSR pollutant which includes any pollutant for which a NAAQS has been promulgated. For areas designated as nonattainment for ozone, the ratio of total actual emissions reduction to emissions increase must be at least 1.1:1 (40 C.F.R. § 51.160 et al).A permitted source that reduces emissions from particulate matter, sulfur dioxide, carbon monoxide, oxides of nitrogen or VOCs by an amount greater than required by law, rule, permit or order is granted a credit determined by ADEQ for deposit into the Bank. ADEQ is required to register, certify or otherwise approve the credit amount before the credit is banked and used to offset future increases in the emissions of air pollutants. To qualify as creditable for deposit, the reduction must be permanent, quantifiable and otherwise enforceable, and occur after August 6, 1999. However, a source is not prohibited from receiving credit by means other than the Bank for emissions reductions that occurred prior to August 6, 1999.The credit may be used, traded, sold or otherwise expended within the same nonattainment area, maintenance area or modeling domain in which the emissions reduction occurred only if there will be no adverse impact on air quality. ADEQ must make information on credits deposited easily accessible to the ACA and the public. ADEQ may delegate certification of emissions credits to a county or multi-county air quality control region but must retain authority to register credits and administer the Bank (A.R.S. § 49-410).At the time of deposit, the ADEQ Director is required, by rule, to discount the certified credit total by 10% to be permanently retired to the Bank. A banked credit does not expire (A.A.C . R18-2-1201 et al).center-41075400ARIZONA HOUSE OF REPRESENTATIVESHCM 2005: hardrock mining; rule; urging EPAPRIME SPONSOR: Representative Cook, LD 8BILL STATUS: Caucus and COWEENR: DP (7-2-0-0)right1524000Legend:EPA – U.S. Environmental Protection AgencyCERCLA – Comprehensive Environmental Response, Compensation, and Liability Act of 1980 SOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:EPA – U.S. Environmental Protection AgencyCERCLA – Comprehensive Environmental Response, Compensation, and Liability Act of 1980 SOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to CERCLA.ProvisionsUrges the EPA to:extend the comment period for at least 120 days to ensure Arizona and industries have sufficient time to determine the impact of the proposed rule through careful evaluation;seriously consider the concerns expressed by the U.S. States Small Business Administration Office of Advocacy, the Western Governors Association and the Interstate Mining Compact Commission;confer with regulators in Arizona and in federal land management agencies to evaluate whether existing state or federal financial assurance regulatory programs reasonably address CERCLA risks; andwithdraw the proposed rule and start over with the objective of deferring regulation under CERCLA to existing state and federal programs. Directs the SOS to transmit a copy of this memorial as specified.Current LawNot currently addressed in statute.Additional InformationCERCLA provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills and other emergency releases of pollutants and contaminants into the environment. The EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. On January 11, 2017, the EPA proposed rules under section 108 (b) of CERCLA for demonstrating financial responsibility for classes of facilities in the hardrock mining industry. Comments to the proposed rule must be received by March 13, 2017. center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-39878000ARIZONA HOUSE OF REPRESENTATIVESHCM 2006: clean power plan; repeal; replacePRIME SPONSOR: Representative Barton, LD 6BILL STATUS: Caucus and COWEENR: DPA (6-3-0-0)right1513840Legend:CAA – Clean Air ActCPP – Clean Power PlanCO? – carbon dioxide EPA – U.S. Environmental Protection AgencySOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:CAA – Clean Air ActCPP – Clean Power PlanCO? – carbon dioxide EPA – U.S. Environmental Protection AgencySOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to repeal of the CPP.ProvisionsUrges:the EPA to repeal the CPP and work with states to develop a reasonable replacement program acceptable to all parties concerned with coal-fired electricity generation; andthe Secretary of the Department of Energy to support and develop a strategic plan for working with the coal-fired electricity generation industry and local governments to attain the best technology available for clean, economic and efficient coal-fired systems.Instructs the SOS to transmit a copy of this memorial as outlined.Current LawNot currently addressed in statute.Additional InformationSection 111(d) of the CAA directs states to submit a plan to the EPA that provides for the implementation and enforcement of standards for existing sources to achieve emission performance levels determined achievable by the EPA (42 U.S.C. § 7411). On October 23, 2015, the EPA published final rules for the CPP that requires states to develop and implement a plan to reduce CO? emissions from existing fossil fuel-fired power plants to achieve a nationwide reduction of 32% from the 2005 levels. The CPP consists of state-specific interim and final CO? emission performance. Arizona, under the CPP, is required to achieve a 34% reduction in CO? emission rate for affected power plants. States were required to submit an initial plan by September 6, 2016, and the final, complete state plan by September 6, 2018. However, on February 9, 2016, the Supreme Court stayed implementation of the CPP pending judicial review.9334507859395? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-46336900ARIZONA HOUSE OF REPRESENTATIVESHCM 2008: exceptional events rule; revisionsPRIME SPONSOR: Representative Bowers, LD 25BILL STATUS: Caucus and COWEENR: DP (6-3-0-0)right1556385Legend:EPA – U.S. Environmental Protection AgencySOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:EPA – U.S. Environmental Protection AgencySOS – Arizona Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to the Exceptional Events Rule.ProvisionsUrges:the EPA to revise the Exceptional Events Rule to provide for an effective process to address background ozone and other emissions that are outside of the state's regulatory control; andCongress to take action to ensure the Exceptional Events Rule is revised as outlined.Instructs the SOS to transmit a copy of this memorial as directed.Current Law9144007954010? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in statute. Additional InformationThe EPA promulgated the Exceptional Events Rule in 2007. In 2013, the EPA released the Interim Exceptional Events Implementation Guidance to assist air agencies in interpreting and implementing the provisions of the 2007 rule. At the same time, the EPA submitted a notice-and-comment rulemaking. This rulemaking resulted in revisions to the 2007 Exceptional Events Rule and the issuance of draft implementation guidance for wildfires that may influence ozone concentrations. The EPA finalized these rule revisions and the Wildfire/Ozone Guidance in September of 2016 (EPA).center-46409500ARIZONA HOUSE OF REPRESENTATIVESHB 2157: private property access; rights-of-wayPRIME SPONSOR: Representative Bowers, LD 25BILL STATUS: Caucus and COWFPRPP: DP (6-1-1-1)RULES: CPA 9-0-0-0right1484630Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to rights-of-way to private property.ProvisionsReplaces the standard of reasonable access to private property with access to private property at the private property owner's discretion. (RULES) (Sec. 1)Requires the state or any political subdivision of this state to grant a perpetual right-of-way for at least 30 years to private property owners whose property is surrounded by publicly owned property by the state or any political subdivision of this state. (RULES) (Sec. 1)Permits a private property owner whose property is surrounded by land that is owned by the state or any political subdivision of this state to request a right-of-way for a term of at least 30 years to legally access the property at the owner's discretion. (RULES) (Sec. 1)Instructs the state or political subdivision to consult with the owner of the private property to determine the appropriate location and width of the right-of-way to be granted. (RULES) (Sec. 1)Authorizes the relocation the right-of-way at the discretion of the state or political subdivision. (RULES) (Sec. 1)Requires that a right of way be granted according to the Constitution, state laws and administrative rules, as applicable. (RULES) (Sec. 1)Exempts the state from historic property preservation requirements if the right-of-way has been in use by the property owner and new road construction has not been required is not necessary for legal access to the private property. (RULES) (Sec. 1)Authorizes the state or political subdivisions to relocate the right-of-way if development of the publicly owned land requires the relocation. (RULES) (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe state or any political subdivision of this state is prohibited from denying reasonable access to private property. (A.R.S. § 33-2401)The State Land Department is authorized to grant rights-of-way for up to 50 years without a public auction. If the grant of a right-of-way to any other entity amounts to the disposition or conveys a perpetual right of use, the State Land Department is required to grant the right-of-way at public auction to the highest and best bidder. (A.R.S. § 37-461)center-44341100ARIZONA HOUSE OF REPRESENTATIVESHB 2357: floodplain management regulations; nonstructural damagePRIME SPONSOR: Representative Ugenti-Rita, LD 23BILL STATUS: Caucus and COWFPRPP: DP 5-4-0-0right1524000Legend:ADWR – Arizona Department of Water ResourcesBoard – Board of DirectorsBOS – Board of SupervisorsDistrict – County Flood Control DistrictAmendments – BOLD and Stricken (Committee)00Legend:ADWR – Arizona Department of Water ResourcesBoard – Board of DirectorsBOS – Board of SupervisorsDistrict – County Flood Control DistrictAmendments – BOLD and Stricken (Committee)AbstractRelating to the county flood control district's power to restrict the extraction of aggregate.ProvisionsStipulates that a District does not have the power to restrict the extraction of aggregate if: The restriction is designed only to prevent potential flood damage to private property; andThe owner of the property that may be affected provides written consent for the extraction. (Sec. 1)Makes technical and conforming changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteAggregate is defined as a cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand. (A.R.S. § 11-801)Each county is required to organize a District to govern its area of jurisdiction, and the County BOS serve as the District's Board. (A.R.S. § 48-3602)The Board for each District is required to delineate floodplains, consistent with criteria developed by the Director of ADWR, in areas where development is ongoing or imminent. Each board is required to adopt and enforce regulations that govern floodplains and floodplain management within its jurisdiction. (A.R.S. § 48-3609)center-46391300ARIZONA HOUSE OF REPRESENTATIVESHB 2398: invalid annexation; procedurePRIME SPONSOR: Representative Bowers, LD 25BILL STATUS: Caucus and COWFPRPP: DPA (6-3-0-0)RULES: CPA (6-3-0-0)32531051520190Legend:ADRE – Arizona Department of Real EstateBOS –Board of Supervisors Amendments – BOLD and Stricken (Committee)00Legend:ADRE – Arizona Department of Real EstateBOS –Board of Supervisors Amendments – BOLD and Stricken (Committee)AbstractRelating to severing territory from a city or town and returning it to the county.ProvisionsPermits a person that owns property in Maricopa County and within a territory annexed by a city or town to file an affidavit to sever their property from the city or town and return it to the county if a plan, policy or procedure to provide appropriate levels of infrastructure and services to the proposed annexed territory:Was not approved by the governing body of the city or town WAS NOT COMPLIED WITH; or ANDWas not complied with or completed within 10 years after the annexation date COMPLETED WITHIN 10 YEARS AFTER THE ANNEXATION DATE. (Sec. 1) (FPRPP)Requires a person who wishes to have their property severed from a city or town and returned to the county to file a legal description of their property and an affidavit with the clerk of the county BOS. (Sec. 1)Requires the county BOS to: Hold a public hearing within 30 to 60 days to review the documentation and any protests filed by the city or town from which the property will be severed;Notify the governing body of the city or town of the following at least 30 days before the hearing:That the property is to be severed from the city or town and returned to the county; andThat the city or town may protest the action either by letter to the county BOS or in person at the hearing.Issue an order stating that the annexation of the property by the city or town is void and that the property is severed from the city or town, unless the county BOS determines that protests filed by the city or town are sufficient to prevent the invalidation of the annexation;Set forth by ordinance the legal description of the property filed with the county BOS by the property owner and declare the return of the property to the county;Notify the governing body of the city or town and each owner of real property in the initially annexed territory that a property within the area has been severed and returned to the county; andNotify ADRE of any severed property. (Sec. 1)Requires a copy of the order severing the property to be certified by the clerk of the county BOS and recorded in the County Recorder's Office. (Sec. 1)States that the record or a copy of the order by the county BOS is proof that the initial annexation of the property is void and the property was severed and returned to the county. (Sec. 1) CONTAINS A DELAYED REPEAL DATE OF JULY 1, 2019. (SEC. 2) (FPRPP)(RULES) 8953507847330? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteCurrent LawBefore a city or town adopts an ordinance to annex any territory, the governing body of the city or town is required to approve a plan, policy or procedure to provide the territory with appropriate levels of infrastructure and services to serve the anticipated new development within 10 years after annexation. (A.R.S § 9-471) A.R.S. § 9-471.05, as added by Laws 2015, Chapter 284, permits a territory to void its annexation and be severed from a city or town and returned to the county, if:The city or town that initially annexed the territory failed to comply with statutory requirements or ordinances of the city or town relating to the annexation; orThe developer of the territory did not complete the requirements of the city's or town's municipal subdivision regulations. In order to return an annexed territory to the county, a petition must be signed by half the property owners and the owners of half of the property within the territory and filed with the county BOS. This section of statute contains a delayed repeal date of July 1, 2017. center-40912200ARIZONA HOUSE OF REPRESENTATIVESHB 2449: convention; delegates; limitations; oathPRIME SPONSOR: Representative Thorpe, LD 6BILL STATUS: Caucus and COWFPRPP: DP (6-3-0-0)right1469390Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to delegates at an Article V convention.ProvisionsProhibits an Arizona delegate to an Article V convention from voting to consider or approve any unauthorized amendment for ratification to the U.S. Constitution. (Sec. 1)States that a delegate who considers or approves an unauthorized amendment must be immediately recalled by an official or committee authorized by the legislature and replaced by an alternate. (Sec. 1)Provides the oath or affirmation that each delegate or alternate must take and subscribe to. (Sec. 1)Mandates that a delegate or alternate who violates the oath or affirmation is guilty of a Class 2 misdemeanor (4 months/$750 plus surcharges). (Sec. 1)Specifies that the legislature, an authorized official or committee must give written certification to the Article V convention of:The selection of delegates and alternates;The recall and replacement of a delegate with an alternate; andThe nullification of unauthorized votes cast by a delegate or alternate. (Sec. 1)Defines Article V application, Article V convention, delegate or alternate and unauthorized amendment. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in statute. center-45320900ARIZONA HOUSE OF REPRESENTATIVESHCM 2007: proposing regulation freedom amendment; CongressPRIME SPONSOR: Representative Finchem, LD 11right1544320Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)BILL STATUS: Caucus and COWFPRPP: DP (6-3-0-0)AbstractRelating to Congress' proposing the Regulation Freedom Amendment to the U.S. Constitution.ProvisionsUrges Congress to vote to propose the Regulation Freedom Amendment to the U.S. Constitution.Provides that the Regulation Freedom Amendment will require an affirmative vote by a majority of both chambers of Congress to adopt any federal regulation if 25% of the members of either chamber send the President a written declaration of opposition to the proposed federal regulation.Instructs the Arizona Secretary of State to transmit a copy of this memorial to each member of Congress. Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in Arizona Revised Statutes.Additional InformationU.S. House of Representatives has passed the Regulation from the Executive in Need of Scrutiny Act of 2017 to require congressional approval of new federal regulations before they can take effect.center-46391200ARIZONA HOUSE OF REPRESENTATIVESHCR2022: balanced budget convention; delegatesPRIME SPONSOR: Representative Mesnard, LD 17BILL STATUS: Caucus and COWFPRPP: DP (6-3-0-0)right1526540Legend:House – House of RepresentativesAmendments – BOLD and Stricken (Committee)00Legend:House – House of RepresentativesAmendments – BOLD and Stricken (Committee)AbstractRelating to selection and instruction of commissioners to an Article V convention of the states for proposing a balanced budget amendment.ProvisionsRequires Arizona to send a delegation to the Article V convention if a convention is called by Congress to propose a balanced budget amendment. Mandates the delegation to be comprised of at least one, but no more than seven, commissioners and an equal number of alternates that are not elected or appointed officials of the federal government during their term.Requires the delegation to be selected as follows:Jointly, by the Speaker of the House and the President of the Senate, the House will meet to select no more than three commissioners and three alternates and the Senate will select the same;The Speaker of the House and the President of the Senate will jointly choose one commissioner and one alternate; andThe Speaker of the House and the President of the Senate will appoint a temporary delegation of commissioners and alternates to represent Arizona if the delegation is not selected before the convening of the Nashville Balanced Budget Planning Convention in July 2017. Specifies that if a commissioner is not able to participate in the Article V convention, the commissioner's respective alternate must replace the commissioner, if the alternate is not able to participate, the delegation must choose a replacement alternate. Requires the delegation to organize and choose its presiding officer.Allows the delegation to have authority to represent the Arizona Legislature at formal and informal planning sessions related to the convention and correspond with other state commissioners and delegations.Requires the Arizona Legislature to provide the delegation with support staff and pay all of the costs of attending the Nashville convention, the Article V convention, planning meetings and community meetings with the available appropriations. Stipulates that the term of office for each member of the delegation will end on December 31, 2018 or upon adjournment of the Article V convention.9048757982585? 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 the commissioners and alternates to take an oath of office before accepting their appointment.Requires a member of the delegation that knows of a violation of the oath or other misbehavior by a commissioner to report it to the Article V convention committee.Specifies the Article V convention committee be composed of three members, one appointed by the Speaker of the House, one appointed by the President of the Senate and one appointed jointly by the Speaker and the President. Describes the Article V convention committee duties as follows:Monitoring the delegation to determine if it's following legislative instructions and obeying convention rules;Advising the delegation on the legislature's position on issues before the convention;Disciplining any commissioner who violates the oath of office or instructions or is otherwise guilty of malfeasance or nonfeasance. Discipline may include recall from the convention or demotion to the office of alternate commissioner; Notifying the convention that a commissioner has been recalled or demoted to an alternate commissioner; and Replacing any recalled commissioner.Requires commissioners to vote only for Article V convention rules consistent with the following principles:The convention convenes under the authority that is granted to the state legislatures by Article V of the U.S. Constitution; The only participants at the convention are the states that are represented by their respective delegations;The scope of the convention's authority is defined by applications adopted by two-thirds of the state's legislatures and is limited to the subject of a balanced budget amendment;The convention must discipline a commissioner or delegation for exceeding the scope of the convention's authority by raising subjects for discussion or debate that lie outside the convention's authority;The convention must not infringe on the respective state legislatures' authority to instruct, discipline, recall and replace commissioners;A quorum for all sessions of the convention and for all committee meetings must be a majority of the states attending the convention or serving as members of the relevant committee; All voting must be by state with each state having one vote without division and each state legislature must determine the internal voting and quorum rules for casting a vote;A majority vote of the quorum must prevail on all issues except for procedural votes which may require a supermajority; and An affirmative vote not greater than a majority of the several states must be necessary to propose an amendment.Current LawArticle V of the U.S. Constitution provides that amendments to the Constitution may be proposed by the approval of two-thirds of both chambers of Congress, or upon the application for a convention by two-thirds of the states’ legislatures. Proposed amendments must be ratified by three-fourths of the states’ legislatures. Congress may propose the mode of ratification. center-38862000ARIZONA HOUSE OF REPRESENTATIVESHCR 2023: Article V convention; term limitsPRIME SPONSOR: Representative Stringer, LD 1BILL STATUS: Caucus and COWright1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)FPRPP: DP (6-3-0-0)AbstractRelating to a call for an Article V convention to propose an amendment to the U.S. Constitution.ProvisionsUrges Congress to call an Article V convention of the states to propose amendments to the U.S. Constitution that will limit terms for members of the U.S. House of Representatives and the U.S. Senate. Continues this application until at least two-thirds of the state legislatures have made applications on the same subject.Asserts this application covers the same subject relating to term limits from other states and must be combined with these other applications to attain the required two-thirds of the state legislatures, but may not be combined with any applications on other subjects.Instructs the Arizona Secretary of State to transmit copies of this resolution to specified individuals.Current LawThe U.S. Constitution states that Constitutional amendments may be proposed by either: Two-thirds of both chambers of Congress; or An application of two-thirds of state legislatures calling a convention of the states to propose amendments. (Article V, U.S. Constitution)The U.S. Constitution states that a proposed constitutional amendment must be ratified by three-fourths of the states before it can become effective.center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-44350200ARIZONA HOUSE OF REPRESENTATIVESHB 2055: ballots; defects; notice and curePRIME SPONSOR: Representative Clark, LD 24right1527175Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)BILL STATUS: Caucus and COWGOV: DP (8-0-0-0)AbstractRelating to the notification of any early ballot defects to voters. ProvisionsRequires the county recorder or other officer in charge of elections to provide for a method of notifying early ballot voters if there is a defect in their ballot materials that will result in the ballot being rejected. (Sec. 1)Stipulates that if the county recorder or officer receive the early ballot before 7:00 p.m. on election day, the county recorder or officer is required to:Notify the voter of the defect;Notify the voter that they may attempt to cure the defect by:5:00 p.m. on the 5th business day after a general election that includes an election for federal office; or5:00 p.m. on the 3rd business day after any election that does not include an election for federal office.Make reasonable and meaningful attempts to contact the voter to alert them of the defect and permit the voter to cure the defects that result from incomplete or incorrect information; Tabulate the ballot as otherwise provided by law; andNotify the voter whether their ballot was verified and counted and the reason for any ballot not counted. (Sec. 1)Requires the method of notification to: Be provided at no cost to the voter; andProvide reasonable restrictions that are designed to limit the transmittal of information only to the voter. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteAn elector may request an official early ballot from the county recorder or other officer in charge of elections within 93 days of any election. A request for an early ballot must include information that would confirm the identity of the elector. The request for an early ballot must be received by the county recorder or officer in charge of elections no later than 11 days before the election. Additionally, the county recorder is permitted to establish on-site early voting locations within the county. Any elector who appears at an on-site early voting location by 5:00 p.m. the Friday before the election is permitted to vote at the on-site location (A.R.S. § 16-542). center-44341100ARIZONA HOUSE OF REPRESENTATIVESHB 2316: precinct committeemen; term of officePRIME SPONSOR: Representative Lawrence, LD 23BILL STATUS: Caucus and COWGOV: DP (8-0-0-0)32791401524000Legend:BOS – county board of supervisorsAmendments – BOLD and Stricken (Committee)00Legend:BOS – county board of supervisorsAmendments – BOLD and Stricken (Committee)AbstractRelating to the terms of precinct committeemen.ProvisionsStates that the term of a precinct committeeman is two years, beginning the day after the BOS issues the official canvass for the primary election at which the precinct committeemen was a candidate. (Sec. 1)Makes technical changes. (Sec. 1)Current LawA recognized political party is able to be represented by one precinct committeemen for every 125 registered party voters in their precinct (A.R.S. § 16-821). Any member of a recognized political party who is registered to vote is eligible to be elected as a precinct committeeman. The minimum duties of a precinct committeeman are to assist their political party in voter registration and assist the voters of their political party in voting on election days. Additional duties may be prescribed by the state committee bylaws of the party of which they are a membercenter7982585? 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 (A.R.S. § 16-822). center-45627700ARIZONA HOUSE OF REPRESENTATIVESHB 2339: presidential preference election; reimbursementPRIME SPONSOR: Representative Coleman, LD 16BILL STATUS: Caucus and COWGOV: DP (7-0-1-0)APPROP: DP (13-0-0-1)32575501514475Legend:ADOA – Arizona Department of AdministrationBOS – county board of supervisorsPPE – presidential preference electionSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:ADOA – Arizona Department of AdministrationBOS – county board of supervisorsPPE – presidential preference electionSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to county reimbursement for PPE expenses.ProvisionsRemoves language requiring counties to be reimbursed for PPE expenses at a rate of $1.25 for each active registered voter, and instead requires counties to be reimbursed for the lesser of actual expenses or:$3.00 per voter for counties with a voter registration total of 450,000 or more persons;$3.50 per voter for counties with a voter registration total between 450,000 and 35,000 persons; or$4.00 per voter for counties with a voter registration total below 35,000 persons. (Sec. 1)Prohibits the SOS from reimbursing counties for any non-reimbursable expenditure pursuant to the ADOA State Accounting Manual in effect on January 1 in the year before the election. (Sec. 1)Requires the SOS to provide detailed information to county recorders and other officers in charge of elections regarding:The substantive requirements of relevant portions of the ADOA State Accounting Manual; andA standard format of submittal for a claim. (Sec. 1)Makes technical and conforming changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe PPE is held on the Tuesday immediately following March 15 of the year in which the President of the U.S. is elected in order to give qualified electors a chance to express their preference for the presidential candidate of the political party indicated on their voter registration (A.R.S. § 16-241). The BOS is required to determine a reasonable and adequate number of polling places according to the number of active voters as of January 1, the year of the election (A.R.S. § 16-248). The SOS is required to consult with the county recorders and county officers in charge of elections in order to determine a budget request that includes sufficient monies from the GF to conduct the PPE. Counties are reimbursed for charges incurred in conducting the PPE at a rate of $1.25 per active registered voter (A.R.S. § 16-250). Additional InformationJLBC has prepared a fiscal note for HB 2339 as introduced. center-43647600ARIZONA HOUSE OF REPRESENTATIVESHB 2370: withholding of wages; school employeesPRIME SPONSOR: Representative Coleman, LD 16BILL STATUS: Caucus and COWGOV: DPA (8-0-0-0)32543751521460Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to the withholding of wages for school employees. ProvisionsPermits a school district employee's wages to be withheld for up to five days, rather than for any amount of time during their normal two-week payroll cycle. (Sec. 1)Makes technical changes. (Sec. 1)CONTAINS A DELAYED EFFECTIVE DATE OF JUNE 30, 2018. (Sec. 1) (GOV)Current LawSchool districts are permitted to withhold wages during their normal two-week payroll period. All other employers are allowed to withhold up to five days of wages from employees. Any employer other than a school district can satisfy their legal obligation by personally delivering or mailing the wages to the employee no later than five business days after the end of the most recent pay period. If the payroll system is located outside of the state of Arizona, the employer has 10 days after the end of the most recent pay period to personally deliver the wages (A.R.S. center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note§ 23-351).An employer cannot withhold an employee's wages unless the employer has written authorization from the employee, the employer is ordered by a court to withhold wages, or there is a dispute as to the amount of wages due (A.R.S. § 23-352). center-51797800ARIZONA HOUSE OF REPRESENTATIVESHB 2412: voter registration records; petition submittalsPRIME SPONSOR: Representative Coleman, LD 16BILL STATUS: Caucus and COWGOV: DPA (8-0-0-0)right1524000Legend:ADHS – Arizona Department of Health ServicesSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to fees for voter registration records and electronic submission of a nomination petition. ProvisionsPermits the county recorder to charge a fee in the following amounts for copies of voter registration records, rather than a fee of 5? per name on a printed list and 1? per name on an electronic list:$93.75 plus $.0005 per record for less than 124,999 records;$156.25 plus $.000375 per record for between 125,000-249,999 records;$203.13 plus $.00025 per record for between 250,000-499,999 records;$265.63 plus $.000125 per record for between 500,000-999,999 records; or$328.13 plus $.0000625 per record for over 1,000,000 records. (Sec. 1)Prohibits a voter's email address from being released for any purpose. (Sec. 1)Permits the SOS to authorize the creation, use and submission of nomination petitions in electronic forms for statewide and legislative offices, if the petitions provide for an appropriate method to verify signatures of petition circulators and signers. (Sec. 2, 3)Permits the SOS to require use of a unique marking system for electronic petition pages, including a bar code, a quick response code or similar system. (Sec. 2, 3)REQUIRES THE RECORD OF DEATH PROVIDED BY ADHS TO THE SOS TO INCLUDE EACH INDIVIDUAL'S DATE OF DEATH. (Sec. 1)Makes technical changes. (Sec. 1, 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe county recorder is required to prepare official precinct registers of all qualified electors in each precinct in the county within 10 days of the primary and general elections. For use at polling places, the official precinct registers must include each elector's full names, party preference, date of registration and resident address. The registers are required to be delivered to the county chairman and state chairman of each party with at least four candidates on the ballot in that county. Additionally, the registers must be provided in a specified form to the SOS. Precinct registers and other lists and information derived from registration forms may only be used for purposes relating to a political or political party activity, a political campaign or election, for revising election district boundaries or any other purpose specifically authorized by law. This information is prohibited from being used for a commercial purpose. The county recorder is required to prepare additional copies of an official precinct list to any person requesting them for an authorized use. The county recorder is permitted to charge a fee of 5? for each name on the register for a printed list and 1? for each name on an electronic list, plus the cost of the disk or software for each copy furnished (A.R.S. § 16-168). center-51191800ARIZONA HOUSE OF REPRESENTATIVESHB 2440: state fleet; inventory reductionPRIME SPONSOR: Representative Weninger, LD 17BILL STATUS: Caucus and COWGOV: DPA (7-1-0-1)32575501524000Legend:ADOA – Arizona Department of AdministrationPresident – President of the SenateSpeaker – Speaker of the House of RepresentativesAmendments – BOLD and Stricken (Committee)00Legend:ADOA – Arizona Department of AdministrationPresident – President of the SenateSpeaker – Speaker of the House of RepresentativesAmendments – BOLD and Stricken (Committee)AbstractRelating to the reduction of the state motor vehicle fleet.ProvisionsRequires ADOA to establish a demonstration program PROJECT to reduce the use of the state motor vehicle fleet and require them to provide transportation for state officers and employees depending upon the MOST COST-EFFECTIVE METHOD, by increasing the use of:Transportation network companies;Vehicle for hire companies;Fleet management companies; Rental car companies; andOther public-private partnerships. (Sec. 1) (GOV)REQUIRES THE MOST COST EFFECTIVE METHOD AS DETERMINED BY ADOA TO BE USED TO DETERMINE THE MAXIMUM AMOUNT FOR TRAVEL REIMBURSEMENT. (Sec. 1) (GOV)Requires ADOA to reduce the inventory of light motor vehicles in the state motor vehicle fleet by 20% 10% for FY19 and FY20. (Sec. 1) (GOV)REQUIRES DEPARTMENTS AND AGENCIES EXCLUDED FROM THE STATE MOTOR VEHICLE FLEET TO: ESTABLISH A PROJECT TO REDUCE THE INVENTORY OF LIGHT MOTOR VEHICLES IN THEIR FLEET BY 10% IN FY19 AND FY20 THE USE OF OTHER TRANSPORTATION METHODS; andINCREASE THE USE OF OTHER TRANSPORTATION METHODS FOR STATE OFFICERS AND EMPLOYEES. (Sec. 1) (GOV)Requires ADOA to submit a report on the results, findings and recommendations of the demonstration program PROJECT to the Governor, the President and the Speaker. (Sec. 1) (GOV)Defines light motor vehicles, transportation network company and vehicle for hire company. (Sec. 1)Contains a delayed repeal date of December 31, 2020. (Sec. 1)Current LawADOA is required to operate the motor vehicle fleet for all state owned motor vehicles. ADOA is required to provide detailed records of cost, operation, maintenance, mileage and custody records for each state owned vehicle. By November 1st of each year, ADOA is required to submit a report to the Governor, the President and Speaker containing the number of state fleet vehicles, alternative fuels and clean burning fuels usage data along with other information. (A.R.S. § 41-803).center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 28-9551 defines a transportation network company as an entity that operates in this state and uses a digital network or software application to connect passengers to transportation network services provided by transportation network company drivers.A.R.S. § 28-9501 defines a vehicle for hire company as a company that offers local transportation through use of a taxi, livery vehicle or limousine or a combination of taxis, livery vehicles or limousines.center-46463900ARIZONA HOUSE OF REPRESENTATIVESHB 2451: government; passwords; data encryptionPRIME SPONSOR: Representative Thorpe, LD 6BILL STATUS: Caucus and COWGOV: DP (7-0-0-1)AbstractRelating to state and school computer security. right1498600Legend:ADOA- Arizona Department of AdministrationADE- Arizona Department of EducationAmendments – BOLD and Stricken (Committee)00Legend:ADOA- Arizona Department of AdministrationADE- Arizona Department of EducationAmendments – BOLD and Stricken (Committee)ProvisionsRequires ADOA and ADE to ensure that all state and school computers use industry-standard systems to verify that:Passwords are strong and regularly updated; andIdentifying information and personal identifying information are secured against compromise and encrypted if possible. (Sec. 1)Makes technical and conforming changes. (Sec. 1) Current LawState agencies are required to develop and establish procedures that prevent entity identifying information or personal identifying information from being accessed, viewed or acquired unless authorized by law (A.R.S. § 18-522center7982585? 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). center-34426100ARIZONA HOUSE OF REPRESENTATIVESHB 2472: private postsecondary institutions; peace officersPRIME SPONSOR: Representative Kern, LD 20right1485265Legend:AZPOST – Arizona Peace Officers Standards and Training BoardAmendments – BOLD and Stricken (Committee)00Legend:AZPOST – Arizona Peace Officers Standards and Training BoardAmendments – BOLD and Stricken (Committee)BILL STATUS: Caucus and COWGOV: DPA (8-0-0-0)AbstractRelating to private postsecondary institution peace officers. ProvisionsPermits private postsecondary institution peace officers to have authority to use county courts and jails for booking arrested persons in the county where the institution is located or where the arrest occurs. (Sec. 1)Removes the requirement that private postsecondary institution peace officers only enforce the law on property under control of the institution. (Sec. 1)States that private postsecondary institution peace officer possesses all law enforcement powers of a peace officer while working in the furtherance of a bona fide criminal investigation or AND in conjunction and concurrent with law enforcement-related processes, actions or activities, including transporting and booking arrested persons. (Sec. 1) (GOV)Makes technical changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA private postsecondary institution that offers baccalaureate degrees and that has a dormitory on its campus with full time-residents is permitted to appoint persons designated as private postsecondary institution peace officers. These officers are appointed to aid and supplement law enforcement agencies in the protection of institution property and persons. Private postsecondary institution peace officers possess and exercise all law enforcement powers of a peace officer while on institution property. The officers are required to meet the minimum qualifications of a peace officer as determined by AZPOST and are required to be issued a certificate of authority to act as a peace officer (A.R.S. § 15-1897). center-46400300ARIZONA HOUSE OF REPRESENTATIVESHB 2484: primary election dateright1536700Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)PRIME SPONSOR: Representative John, LD 14BILL STATUS: Caucus and COWGOV: DP (5-3-0-0)AbstractRelating to the primary election date.ProvisionsChanges the primary and biennial primary election date beginning in 2018 from the tenth Tuesday to the eleventh Tuesday before the first Tuesday after the first Monday before a general or special election. (Sec. 1)Changes the election date beginning in 2018 from the tenth Tuesday to the eleventh Tuesday before the first Tuesday after the first Monday in November for the following elections;Candidate elections held on behalf of a political subdivision; andNon-candidate elections on behalf of a political subdivision, including special elections to fill vacancies and recall electors. (Sec. 2)Makes technical changes. (Sec. 1, 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe primary election is held on the tenth Tuesday prior to a general or special election (A.R.S. § 16-201). A primary or first election is held on even-numbered years on the tenth Tuesday before the first Tuesday after the first Monday in November. If a political subdivision holds only one general election or a runoff election, it will be held on the first Tuesday after the first Monday in November (A.R.S. § 16-204). center-46409400ARIZONA HOUSE OF REPRESENTATIVESHB 2523: spay and neuter; tax checkoff.PRIME SPONSOR: Representative John, LD 14BILL STATUS: Caucus and COWGOV: DPA (7-0-0-1)32759651526540Legend:ADOR – Arizona Department of RevenueASLPR – Arizona State Library, Archives and Public RecordsCommittee – Companion Animal Spay and Neuter CommitteeFund – Spaying and Neutering of Animals FundAmendments – BOLD and Stricken (Committee)00Legend:ADOR – Arizona Department of RevenueASLPR – Arizona State Library, Archives and Public RecordsCommittee – Companion Animal Spay and Neuter CommitteeFund – Spaying and Neutering of Animals FundAmendments – BOLD and Stricken (Committee)AbstractRelating to voluntary contributions to the Spaying and Neutering of Animals Fund. ProvisionsRequires ADOR to provide a space on an individual income tax return form in which a taxpayer may designate an amount of their refund as a voluntary contribution to the Fund. (Sec. 3)Permits a taxpayer to donate an amount to the Fund in lieu of or in addition to the designated amount of their refund by an appropriate indication on their return and by including that amount with their return. (Sec. 3)Requires ADOR to subtract the designated amount from a taxpayer's refund OR ADD TO THE LIABILITY OWED BY THE TAXPAYER and transfer it to the Committee for deposit into the Fund. (Sec. 3)Requires ADOR to determine the initial administration cost of providing and transferring tax return monies to the Fund and report that amount to the Committee. (Sec. 3)Requires the Committee to transfer administration costs as reported by ADOR to the GF. (Sec. 3) Modifies the membership of the Committee by requiring:One of the members who represents a human society to reside in a county with a population over 300,000; andOne of the members who represents a human society to reside in a county with a population of less than 300,000. (Sec. 1) (GOV)REQUIRES THE COMMITTEE TO BE COMPRISED OF THREE MEMBERS WHO REPRESENT DIFFERENT HUMANE SOCIETIES THAT PROVIDE SPAY AND NEUTER SERVICES. (Sec. 1) (GOV)States that all persons serving on the Committee on the effective date of this act may continue to serve until the expiration of their terms. (Sec. 4)Removes the requirement that the Committee submit a copy of its annual report to the Director of ASLPR. (Sec. 2)Contains a retroactive effective date of December 31, 2016. (Sec. 5)Makes technical and conforming changes. (Sec. 1, 2, 3)Current Law9144008077835? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe Fund is comprised of a percentage of the fee payed by drivers for spaying and neutering of animals special plates, which are issued by the Arizona Department of Transportation (A.R.S. § 28-2422). The Committee is required to annually allocate all Fund monies to a qualifying entity that allocates monies to programs that seek to reduce pet overpopulation by sterilizing dogs and cats in this state. ADOR is required to provide a space on individual income tax returns for contributions to a number of funds, including the Political Parties Trust Fund, the Special Olympics Tax Refund Fund and the Game, Nongame, Fish and Endangered Species Fund (A.R.S. §§ 43-612 through 43-622). 2381250-952500ARIZONA HOUSE OF REPRESENTATIVESHB 2021: child care assistance; eligibilityPRIME SPONSOR: Representative Lawrence, LD 23BILL STATUS: Caucus and COWHEALTH: DPA/SE 9-0-0-0right1524000Legend:ADES – Arizona Department of Economic SecurityDCS – Department of Child SafetyESOL – English for Speakers of Other LanguagesGED – General Equivalency DiplomaAmendments – BOLD and Stricken (Committee)00Legend:ADES – Arizona Department of Economic SecurityDCS – Department of Child SafetyESOL – English for Speakers of Other LanguagesGED – General Equivalency DiplomaAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to child care assistance for educational programs.ProvisionsExpands the child care assistance program without a minimum work requirement from eligible families with teenaged custodial parents to custodial parents under 25 years old. (Sec. 1)Expands the educational activities for which an eligible family may receive child care assistance without a minimum work requirement to include:Completion of a high school diploma or its equivalent (currently included);Full-time vocational, technical or trade certification programs leading to employment; andFull-time associate or bachelor's degree programs leading to employment. (Sec. 1)Sets the family income eligibility requirement for this program as 85% of the state median income. (Sec. 1)Stipulates that, to qualify for child care assistance, the eligible parent must either:Maintain a "C" average in the educational program; orObtain a passing grade in the educational or certification program. (Sec. 1)Requires that any prospective recipient of child care assistance be placed on the waiting list before ADES completes the full eligibility determination.ADES must complete the minimal income verification to determine correct placement on the priority waiting list.Full eligibility verification must be conducted after the prospective recipient is removed from the waiting list. (Sec. 1)Makes conforming changes. (Sec. 1)Current LawADES manages child care assistance programs for eligible families:participating in ADES Jobs Program;with gross monthly household income at or below 165% FPL, to enable them to accept or maintain employment;participating in eligible education and training activities while working a minimum of 20 hours per week;referred by DCS to support child protection;9048757906385? 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 Noteunable to provide child care due to a crisis situation of domestic violence or homelessness, or a physical, mental, emotional or medical condition, participation in a drug treatment or rehabilitation program or court ordered restitution;if the custodial parents are 19 years old or younger and are enrolled in high school, GED or remedial education activities (A.R.S. § 46-803).ADES established and manages waiting lists for child care assistance programs, and prioritizes the assistance for different eligibility categories in order to manage the programs within appropriated and available monies (A.R.S. § 46-803).ADES supplemental child care assistance for education and training activities for adults age 20 years or older are subject to the following lifetime limits:24 months for post-secondary education in a college or trade school, not including child care assistance authorized before August 1, 1997; and12 months for high school, GED, ESOL, and remedial educational activities, not including child care assistance authorized before August 1, 1997 (A.A.C. R6-5-4912).center-44286700ARIZONA HOUSE OF REPRESENTATIVESHB 2030: insurance coverage; telemedicine; urologyPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWHEALTH: DP 8-1-0-0right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to urology and telemedicine services covered by insurance. ProvisionsAdds urology to the list of health care services provided through telemedicine that must be covered by insurance. (Sec. 1, 2, 3, 4)Includes an effective date of January 1, 2018. (Sec. 5)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 20-841.09 defines telemedicine as the interactive use of audio, video or other electronic media for the purpose of diagnosis, consultation or treatment. The delivery of health care through telemedicine is regulated by A.R.S. § 36-3602 and requires the treating health care provider to obtain verbal or written informed consent from the patient or the patient's health care decision maker. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2191: child support; administrative order; enforcementPRIME SPONSOR: Representative Cobb, LD 5BILL STATUS: Caucus and COWHEALTH: DPA 9-0-0-right1524000Legend:ADES – Arizona Department of Economic SecurityAmendments – BOLD and Stricken (Committee)00Legend:ADES – Arizona Department of Economic SecurityAmendments – BOLD and Stricken (Committee)0-0AbstractRelating to child support orders and payment.ProvisionsChild Support OrdersAllows ADES to serve parties in a child support proceeding with a notice of mandatory conference which directs the parties to appear on the date, time and location of the conference. (Sec. 1) (Health)Requires the mandatory conference notice to be in compliance with an order to appear and substantially consistent with Arizona rules of family law procedure. (Sec. 1) (Health)States that a mandatory conference can only be rescheduled once and not more than 10 days after the original date. (Sec. 1) (Health)Requires ADES to issue an administrative order of child support upon agreement of the concerned parties.The administrative order must be filed with the clerk of the court and has the same force and effect as a judgement of the superior court. (Sec. 1) (Health)Specifies that if an agreement is not reached at a mandatory conference, ADES must file a request with the court to establish support with:A child support guideline worksheet;A proposed child support order; andAn affidavit of service on the parties. (Sec. 1) (Health)Requires the court to: Set a hearing to establish child support; and Provide notice by way of minute entry sent by first class mail to both parties and ADES. (Sec. 1) (Health)Allows ADES to issue a temporary administrative order of child support if either party does not attend the mandatory conference.The temporary order must be based on information from the conference and other information collected by ADES. (Sec. 1) (Health)8667757799705? 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 temporary order and an affidavit of service to be filed with the clerk of the court. (Sec. 1) (Health)Specifies that the effective date of a temporary order is the first day of the month after the month in which the order was filed with the court. (Sec. 1) (Health)Requires ADES to mail a copy of the temporary order to both parties stating that the order is final 60 days after issuance unless a hearing is requested. The court must set a hearing, if requested, to establish support and notify all parties. (Sec. 1) (Health)Permits ADES to modify a child support order because of a substantial change in circumstances. (Sec. 1) (Health)Child Support and Insurance data exchangeRequires PERMITS an insurer to exchange information with ADES before a payment, OF $800 OR MORE is made to a claimant in order to determine if there is overdue child support owed. (Sec. 2) (Health)Requires ADES to establish and operate an insurance industry data match reporting system to compare an insurer's claimant information with the ADES database of obligors. (Sec. 2)States that an insurer must either provide ADES with information about a claimant or match information about a claimant with information provided by ADES. (Sec. 2)Instructs an insurer to provide the following information, within 10 days, if a claimant who owes back child support is identified:The claimant's identifying information, IF AVAILABLE, as it appears in the insurer's records;The insurer's name, address and federal employer identification number; andThe name and contact information of the employee managing the claim. (Sec. 2) (Health)Directs an insurer to cooperate with ADES to identify another method of data exchange if the insurer is not able to use the method of information exchange as outlined by ADES.An insurer may submit written materials as an alternative way of information exchange. (Sec. 2)States that an insurer is in compliance with information sharing requirements if the insurer does any of the following:Participates in an insurance industry database which ADES can utilize to obtain required information; orProvides information through the Federal Office of Child Support Enforcement. (Sec. 2)Permits ADES to use collected information for the administration and enforcement of child support orders pursuant to federal law.Limits the use of information collected by ADES to locating a person in order to:Establish paternity; andEstablish, modify and enforce child support obligations. (Sec. 2)Permits information collected by ADES to be disclosed to the following entities in order to locate persons to enforce child support orders pursuant to federal law:An agent who contracts with ADES;Agencies of the state;Political subdivisions of the state;Federal agencies;Other states; andPolitical subdivisions of other states. (Sec. 2)Exempts collected information from statute relating to public records. (Sec. 2)Stipulates that if an information match is made in the case of back-owed child support, ADES must send the insurer an income withholding order or a limited income withholding order WITHIN THREE DAYS and the insurer must withhold any amount of back child support owed that is not exempt pursuant to federal law.Withheld payments are to be paid to the support payment clearinghouse. (Sec. 2) (Health)STATES THAT ANY PORTION OF WITHHELD WAGES THAT REPLACES OR PROVIDES INCOME IN LIEU OF WAGES IS SUBJECT TO STATUTORY LIMITATIONS. (Health)STIPULATES THAT IF AN INSURER SATISFIES A CHILD SUPPORT LIMITED INCOME WITHHOLDING ORDER, THEY ARE NOT LIABLE TO A CLAIMANT OR A CLAIMANT'S BENEFICIARY OR CREDITORS. (Health) States that a limited income withholding encumbers any insurance payments owed to a claimant. (Sec. 2)Requires an insurer to pay a claimant only the amount remaining after a limited income withholding order has been satisfied. (Sec. 2)Specifies that a limited income withholding order does not take preference over any claim or lien for:Documented expenses and services of a claim, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, COURT COSTS, WITNESS FEES AND REASONABLE LITIGATION EXPENSES; orA Healthcare provider's expenses EXPENSES. (Sec. 2) (Health)Provides immunity from civil liability for an insurer who: Discloses information to ADES; and DELAYS PAYMENT OF A CLAIM TO COMPLY WITH STATUTE. (Sec. 2) (Health)STATES THAT AN INSURER THAT MAKES A CHILD SUPPORT LIEN PAYMENT IS IMMUNE FROM CIVIL LIABILITY AND A PAYMENT DOES NOT GIVE RISE TO A CLAIM OR CAUSE OF ACTION AGAINST AN INSURER. (Health)SPECIFIES THAT AN INSURER IS NOT REQUIRED TO IDENTIFY OR REPORT THE FOLLOWING TYPES OF CLAIMS:FIRST PARTY ACTUAL PROPERTY DAMAGE CLAIMS INCLUDING:FIRST PARTY ACTUAL PROPERTY DAMAGE CLAIMS;COVERAGE FOR LOSS OF DAMAGE TO AN INSURED DWELLING AND CONTENTS UNDER SPECIFIED POLICIES;BENEFITS PAID TO A MORTGAGEE OR LIENHOLDER OF A PROPERTY; ANDCOVERAGE FOR PHYSICAL LOSS OR DAMAGE TO COMMERCIAL PROPERTY OR BUSINESS PERSONAL PROPERTY.ACTUAL MEDICAL EXPENSES THAT ARE PAYMENTS ISSUED TO A HEALTH CARE PROVIDER OR A CLAIMANT;A COPAYABLE INSURANCE PAYMENT THAT INCLUDES A CLAIMANT AS A COPAYEE;BENEFITS ASSIGNED TO BE PAID TO A HEALTH CARE PROVIDER OR FACILITY FOR ACTUAL EXPENSES THAT ARE OWED BY A CLAIMANT;LIMITED BENEFITS THAT INCLUDE SPECIFIED COVERAGES THAT DO NOT EXCEED $1,000;BENEFITS PAID IN ACCORDANCE WITH GROUP LONG-TERM CARE INSURANCE OR LONG-TERM CARE INSURANCE;BENEFITS PAID ON BEHALF OF AN INDIVIDUAL DIRECTLY TO A RETIREMENT PLAN OR AN ACCELERATED DEATH BENEFIT;THIRD-PARTY PROPERTY DAMAGE CLAIMS;BENEFITS PAID OR PAYABLE TO A CLAIMANT UNDER WORKERS' COMPENSATION BENEFITS COVERAGE TO A HEALTH CARE PROVIDER'S BILL AND THE PAYMENT IS NO GREATER THAN THE AMOUNT OWED FOR THE TREATMENT RENDERED; ORCLAIMS COVERED UNDER A HEALTH BENEFITS PLAN (Health)PERMITS AN INSURER TO MATCH AND REPORT ANY CLAIM SEEKING AN ECONOMIC BENEFIT IF ANY OF THE FOLLOWING APPLY:A FIRST PARTY CLAIMANT RESIDES IN THIS STATE;A THIRD PARTY CLAIMANT RESIDES IN THIS STATE; ORA LIABILITY INSURER OR AN ELIGIBLE SURPLUS LINES INSURER IS PROVIDING COVERAGE TO AN INSURED ON A THIRD PARTY CLAIM AND THE CLAIM OCCURRED IN THIS STATE. (Health)CONTAINS AN INTENT CLAUSE. (Health)Defines CLAIMANT and HEALTH BENEFITS PLAN. (Sec. 2) (Health)MiscellaneousRequires ADES to post information on the internet of at least 10 nonpayors of child support who owe more than 12 months of child support.Currently, nonpayors have to have a child support arrest warrant issued before their information may be posted on the internet. (Sec. 3)Makes conforming changes. (Sec. 1) Current LawA.R.S. § 25-502 states that the superior court has jurisdiction to establish, enforce or modify duties of support in child support proceedings brought by ADES, a person having custody of a child or a party to the case.A.R.S. § 25-526 requires ADES, on a quarterly basis, to post information on their website of at least 10 nonpayors of child support if an arrest warrant has been issued for the nonpayors arrest. center-52423700ARIZONA HOUSE OF REPRESENTATIVESHB 2208: inhalers; administration; schools; authorized entitiesright1504315Legend:ADE – Arizona Department of EducationCMO – Chief Medical OfficerDO – Doctor of OsteopathyMD – Doctor of MedicineNP – Nurse Practitioner Amendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationCMO – Chief Medical OfficerDO – Doctor of OsteopathyMD – Doctor of MedicineNP – Nurse Practitioner Amendments – BOLD and Stricken (Committee)PRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWHEALTH: DPA/SE 9-0-0-0Strike-Everything Amendment AbstractRelating to the emergency administration of inhalers.ProvisionsPublic and Charter SchoolsAuthorizes an employee of a school district or charter school to administer or assist in the administration of an inhaler to a student or an adult at school or a school-sponsored activity if:The employee is acting pursuant to a standing order issued by the CMO of a county health department, MD, DO or a NP;The employee has been trained in the administration of inhalers; andThe employee believes in good faith that the person is exhibiting symptoms of respiratory distress. (Sec. 1)Permits school districts and charter schools to apply for grants or accept monetary donations for the purchase of inhalers and spacers or holding chambers. (Sec. 1)Allows school districts and charter schools to accept donations of inhalers and spacers or holding chambers directly from the product manufacturer. (Sec. 1)Provides immunity from civil liability for the CMO of the county health department, MD, DO, NP, school districts, charter schools and school employees if the decisions and actions were based on good faith.Clarifies that gross negligence, willful misconduct or intentional wrongdoing are not covered by this immunity. (Sec. 1)Permits the governing body of each charter school and school district to prescribe and enforce policies and procedures for the emergency administration of inhalers by a trained employee. (Sec. 2, 4)Requires ADE to consult with various entities to adopt rules that prescribe the following for school districts and charter schools who elect to administer inhalers: Annual training in recognition of respiratory distress symptoms, the procedures to follow when respiratory distress occurs, and the administration of inhalers by designated medical and non-medical school personnel;Requirements for school districts and charter schools to designate at least two employees at each school to be trained in school districts and charter schools that elect to administer inhalers; 9213737927975? 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 NoteProcedures for the administration of inhalers in emergency situations;Procedures for annually requesting a standing order for inhalers and spacers or holding chambers; andProcedures for notifying a parent once an inhaler has been administered. (Sec. 3)Defines bronchodilator, inhaler and respiratory distress. (Sec. 1)Emergency Medical ServicesAllows a MD, DO or NP to prescribe inhalers and spacers or holding chambers in the name of an authorized entity for emergency medical services. An authorized entity is any entity or organization in connection with or at which allergens capable of causing respiratory distress symptoms may be present, including recreation camps, day care facilities, youth sports leagues, amusement parks, restaurants and sports arenas. (Sec. 5)Permits pharmacists to dispense inhalers and spacers or holding chambers to fill a prescription issued in the name of an authorized entity. (Sec. 5)Specifies that any prescription issued to an authorized entity is valid for two years. (Sec. 5)Allows an authorized entity to acquire and stock inhalers and spacers or holding chambers pursuant to a prescription issued for emergency medical services. (Sec. 5)Requires inhalers and spacers or holding chambers prescribed to authorized entities for emergency medical services to be stored in a readily accessible location in accordance with the inhaler's instructions.Directs each authorized entity to designate employees or agents who have completed the required training to be responsible for the storage, maintenance, control and oversight of inhalers and spacers or holding chambers. (Sec. 5)Authorizes an employee or agent of an authorized entity, or any person who has completed the training, to administer an inhaler to an individual who is believed in good faith to be experiencing respiratory distress.The employee or agent may give the inhaler to the parent, guardian or caregiver of the individual experiencing distress regardless of whether the person has a prescription or has previously been diagnosed with a condition requiring an inhaler and spacer or holding chamber. (Sec. 5)Requires an employee or agent of an authorized entity to complete an initial training, provided by a nationally recognized organization, for the use of inhalers and subsequent training every two years thereafter. (Sec. 5)Allows the training to be conducted online or in-person as long as the training covers:Recognition of signs and symptoms of respiratory distress;Standards and procedures for the storage and administration of an inhaler; andEmergency follow-up procedures after the administration of an inhaler. (Sec. 5)Specifies that any person who successfully completes the training will receive a certificate. (Sec. 5)Clarifies that the administration of an inhaler as an emergency medical service does not constitute the practice of medicine or other profession that would otherwise require licensure. (Sec. 5)Provides immunity from civil liability for MD, DO, NP, authorized entities, agents or employees of authorized entities and approved trainers if the decisions, actions or omissions were based on good faith.Clarifies that gross negligence, willful misconduct or intentional wrongdoing are not covered and this does not affect a manufacturer's product liability. (Sec. 5)Permits an authorized entity to accept monetary donations to purchase inhalers and spacers or holding chambers. (Sec. 5)Allows an authorized entity to accept donations of inhalers and spacers or holding chambers directly from the product manufacturer. (Sec. 5)Defines authorized entity, bronchodilator, inhaler and respiratory distress. (Sec. 5)Makes technical and conforming changes. (Sec. 2, 3, 4)Current LawSchool district governing boards are required to allow the possession and self-administration of prescription medication for breathing disorders in handheld inhalers by students who have been prescribed the medication by a licensed health care professional. The student's name on the prescription label or on the inhaler device and annual written documentation from the student's parent or guardian to the school is sufficient proof that the student is entitled to possess and self-administer. The school district and employees are immune from civil liability for all decisions and actions based on a good faith implementation of these requirements (A.R.S. 15-341). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2323: critical health information; emergency respondersPRIME SPONSOR: Representative Gabaldón, LD 2BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to local entities and critical health information programs.ProvisionsPermits a city, town or county to establish a program to provide emergency responders with critical health information about program participants involved in a car accident and who are unable to communicate with first responders. (Sec. 1)Outlines standards of a city, town or county critical health information program as follows:Requires an interested party (including local law enforcement agencies, fire departments and emergency medical services personnel) to design program materials, with consideration to similar programs in other states in order to maximize uniformity. A program's materials must include the following:A yellow decal to be placed on the rear driver's side window which reads Saving Lives in the center and an optional border listing the issuing city, town or county. A health information card containing a participant's picture, emergency contact information, doctor's name and contact information, medical conditions, recent surgeries, allergies, medications and any other information deemed pertinent by a city, town or county.A yellow envelope for the health information card to be inserted into and placed in the participant's glove compartment.Mandates that a city, town or county provide program materials to the public and state and local law enforcement agencies.Permits a city, town or county to charge a fee for program costs which will be determined by the local entity. (Sec. 1)States that a yellow decal on a motor vehicle involved in an accident or emergency:Serves as notification to first responders that the driver may be a program participant; andAuthorizes a first responder to search the glove compartment of the car for a yellow program envelope. (Sec. 1)Allows a first responder to use information for the following purposes:To identify a program participant; To determine whether a program participant has a medical condition that may hinder communications;8058157875905? 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 NoteTo communicate with emergency contacts about the condition and location of the program participant; and To consider current and preexisting medical conditions when emergency medical treatment is administered. (Sec. 1)Provides immunity from civil liability for a first responder, other than intentional misconduct or gross negligence, for acts or omissions due to incomplete, incorrect or outdated information. (Sec. 1)States that a first responder is not liable for damage to a vehicle when obtaining information. (Sec. 1)Defines emergency responder and program participant. (Sec. 1)Current LawNot currently addressed in statute. center-7747000ARIZONA HOUSE OF REPRESENTATIVESHB 2382: pharmaceuticals; misbranding; enforcement prohibitedPRIME SPONSOR: Representative Lovas, LD 22BILL STATUS: Caucus and COWHEALTH: DPA 9-0-0-0right1457325Legend:ADHS – Arizona Department of Health ServicesDO – Doctor of Osteopathic MedicineMD – Medical DoctorAmendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesDO – Doctor of Osteopathic MedicineMD – Medical DoctorAmendments – BOLD and Stricken (Committee)AbstractRelating to the off-label use of pharmaceutical products.ProvisionsPermits a pharmaceutical manufacturer or its representative to engage in the truthful promotion of an off-label use of a drug, biological product or device. (Sec. 1)States that a health care insurer, other third-party payor or other health plan sponsor is not required to cover the cost of any off-label use of a drug, biological product or device. (Sec. 1)Prohibits the state from enforcing statute (A.R.S. § 32-1967) relating to misbranding of a drug or device against a pharmaceutical manufacturer or its representative for engaging in the truthful promotion of an off-label use of a drug, biological product or device. (Sec. 1)States that the Pharmacy Board, MD or DO Board and ADHS may not fail to renew or take any other action against the license of a pharmaceutical manufacturer or its representative, health care institution or physician for engaging in the off-label use of a drug, biological product or device. (Sec. 1)Prohibits the state or any political subdivision of the state from utilizing financial or personnel resources or cooperating with the federal government in order to enforce federal law relating to misbranding of drugs and devices against a pharmaceutical manufacturer or its representative for engaging in the truthful promotion of an off-label use of a drug, biological product or device. (Sec. 1) (Health)Defines biological product, misbranding, off-label use and TRUTHFUL PROMOTION. (Sec. 1) (Health)Allows this act to be cited as the "Free Speech in Medicine Act". (Sec. 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in statute.center-44196000ARIZONA HOUSE OF REPRESENTATIVESHB 2423: parents' rights; DCS website informationPRIME SPONSOR: Representative Townsend, LD 16BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0right1525905Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to required information on the DCS website.ProvisionsRequires DCS to provide information on parents' rights and the removal process on its website. (Sec. 1)Instructs DCS to provide a conspicuous link on its home page to the information on parents' rights and the removal process. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe Parents' Bill of Rights was established by Laws 2010, Chapter 307 § 1 and can be found here.The Foster Parents' Rights were codified in statute by Laws 2017, Chapter 89 and can be found here. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2426: community health workers; voluntary certification.PRIME SPONSOR: Representative Fernandez, LD 4BILL STATUS: Caucus and COW3352800598805Legend:ADHS – Arizona Department of Health ServicesBoard – Community Health Workers Advisory BoardFund – Community Health Workers Certification FundAmendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesBoard – Community Health Workers Advisory BoardFund – Community Health Workers Certification FundAmendments – BOLD and Stricken (Committee) HEALTH: DPA 9-0-0-0AbstractRelating to community health worker's voluntary certification.ProvisionsRequires ADHS to establish, by rule, a voluntary process for certification of community health workers. (Sec. 1)OUTLINES THE DUTIES OF A COMMUNITY HEALTH WORKER, WHICH INCLUDE:PROVIDING CULTURAL MEDIATION;PROVIDING CULTURALLY APPROPRIATE INFORMATION AND HEALTH EDUCATION;PROVIDING SYSTEM NAVIGATION, CASE MANAGEMENT AND CARE COORDINATION;COACHING AND SOCIAL SUPPORT;COMMUNITY AND INDIVIDUAL ADVOCACY;BUILDING INDIVIDUAL AND COMMUNITY CAPACITY;PROVIDING APPROPRIATE DIRECT SERVICES;IMPLEMENTING COMMUNITY NEED ASSESSMENTS AND INDIVIDUAL ENVIRONMENTAL ANALYSES;CONDUCTING OUTREACH; ANDEVALUATION AND RESEARCH. (Health)ADHS rules must include the following:Minimum standards for certification;Attestation requirements for an applicant; Any other qualifications that ADHS determines to be appropriate.Initial and renewal certification procedures;Continuing education requirements for biennial certification;Disciplinary guidelines; STANDARDS FOR UNPROFESSIONAL CONDUCT; ANDFees and penalties. (Sec. 1) (Health)Permits ADHS to adopt rules regarding:Board operations;Criminal background screenings; and Any other matter that ADHS deems appropriate. (Sec. 1)43. Establishes the nine-member Board consisting of a majority of community health workers whom are appointed by the Director of ADHS. (Sec. 1)Requires the Board to make recommendations to ADHS on the following:Standards and requirements for establishing and evaluating community health worker education and training programs;Standards and requirements for approving or accepting continuing education for renewal certification;Required minimum education, training and experience for a Board approved community health worker trainer; Core competencies of community health workers; Certification examinations; STANDARDS FOR UNPROFESSIONAL CONDUCT; ANDAny other matters requested by the Director of ADHS. (Sec. 1) (Health)REQUIRES ADHS TO ADOPT RULES RELATING TO THE DENIAL OF A CERTIFICATION OR RECERTIFICATION AND REVOCATION OF A CERTIFICATION. (Health)REQUIRES ADHS, WHEN ADOPTING RULES CONCERNING DENIAL OR REVOCATION, TO CONSIDER SPECIFIED INFORMATION CONCERNING WHETHER AN APPLICANT HAS:HAD AN APPLICATION PREVIOUSLY DENIED OR REJECTED BY ANOTHER STATE OR JURISDICTION;HAD A CERTIFICATE RESTRICTED, SUSPENDED OR REVOKED BY ANOTHER STATE OR JURISDICTION; AND PLEADED GUILTY TO, BEEN CONVICTED OF, OR ENTERED A PLEA OF NO CONTEST TO A MISDEMEANOR OR FELONY. (Health)PERMITS ADHS TO DENY OR REVOKE A CERTIFICATION IF A COMMUNITY HEALTH WORKER HAS:FRAUDULENTLY SECURED A CERTIFICATION; ORENGAGED IN UNPROFESSIONAL CONDUCT OR INCOMPETENCE IN CONDUCT. (Health)Establishes the 90/10 Fund and specifies that Fund monies are subject to legislative appropriation. (Sec. 1)Exempts ADHS from rulemaking requirements for one year. (Sec. 1) (Health)Defines terms. (Sec. 1)Current LawNot currently addressed in statute.Additional InformationThe Senate HHS and House Health Committees met on December 16, 2016 to consider the sunrise application of the Arizona Community Health Workers Association. Click here for the sunrise application.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 Notecenter-42100500ARIZONA HOUSE OF REPRESENTATIVESHB 2493: drug overdose; review team; confidentialityPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWHEALTH: DPA 9-0-0-0right1533525Legend:ADHS – Arizona Department of Health ServicesTeam - Drug Overdose Fatality Review Team Amendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesTeam - Drug Overdose Fatality Review Team Amendments – BOLD and Stricken (Committee)AbstractRelating to opioid overdoses and the Arizona Department of Health Services.ProvisionsTeam membership and dutiesEstablishes the 19 21-member Team within ADHS consisting of nine heads of various government entities or their designees and 10 12 members appointed by the Director of ADHS. (Sec. 1) (Health)Requires the Team to:Develop a data collection system;Conduct an annual analysis relating to drug overdose fatalities from the preceding year;Aid in the development of local Teams;Develop standards and protocols; Provide training and technical assistance to local Teams;Develop investigation protocols for law enforcement and the medical community;Study state and local laws, training and services in order to determine if changes are needed to decrease drug overdose fatalities and, as appropriate, take steps to implement these changes;Educate the public regarding drug overdose fatalities; andDirect a Team member to serve as chairperson. (Sec. 1)States that Team members are not eligible for compensation, but are eligible for reimbursement of expenses pursuant to statute. (Sec. 1)Requires ADHS to provide administrative and professional support to the Team. (Sec. 1)Information and confidentialityRequires access to information about a drug overdose or overdose fatality to be granted to the chairman of the Team within five days, excluding weekends and holidays. (Sec. 1)Permits the Team to request information and records from:A medical, dental or mental health provider; orA governmental entity of this state that might assist the Team in reviewing a fatality. (Sec. 1)9048757860665? 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 law enforcement agency, with the approval of the county attorney, to withhold investigative records that may interfere with an ongoing criminal investigation or prosecution. (Sec. 1)Allows the Director of ADHS to petition the superior court for a subpoena in order to compel the release of books, records, documents and other evidence about a person who has overdosed on drugs. (Sec. 1)Requires subpoenas to be served and enforced in a manner provided by law. (Sec. 1)States that a law enforcement agency may not release subpoenaed information if it relates to a pending criminal investigation or prosecution. (Sec. 1)Requires records to be returned to the agency or organization upon completion of a review and prohibits the Team from keeping written reports or records that contain identifying information. (Sec. 1) Provides that all Team records are confidential and not subject to subpoena, discovery or introduction into evidence in any court proceeding, with the exception of information that is available from other sources. (Sec. 1)Exempts Team members and other individuals involved in Team activities from questioning in a civil or criminal proceeding concerning information related to a Team meeting. A person may testify about information obtained independently or that is public information. (Sec. 1)Allows a Team member or local Team member to contact, interview or obtain information from a family member of a person who has died from a drug overdose. (Sec. 1)Exempts Team or local Team meetings from open meeting laws if information about an individual who overdosed on drugs is being reviewed.All other meetings are open to the public. (Sec. 1)Classifies a violation of confidentiality as a Class 2 misdemeanor (4 months/up to $750 per person). (Sec. 1)Current LawNot currently addressed in statute2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2494: dental board; expenditure limitation; repealPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0AbstractRelating to expenditure limitations for the Board. ProvisionsRepeals statute relating to limitations on expenditures of the Board. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 32-1211 prohibits the Board from making expenditures that exceed 90% of the total revenue of the Board and states that no part of the expenses, charges or expenditures of the Board shall become a charge against any fund of the state.A.R.S. § 32-1212 states that the Board deposits 90% of its revenue in the Board's fund and 10% in the GF. A.R.S. § 35-143.01 states that the Board's fund may not spend more money than is appropriated eachright1524000Legend:Board- State Board of Dental ExaminersAmendments – BOLD and Stricken (Committee)00Legend:Board- State Board of Dental ExaminersAmendments – BOLD and Stricken (Committee) FY.2381250-41211500ARIZONA HOUSE OF REPRESENTATIVESHB 2497: organ; tissue; donations; procurement organizationsPRIME SPONSOR: Representative Cobb, LD 5BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0right1556385Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to organ donation organizations. ProvisionsAdds nontransplant anatomical donation organizations to the definition of procurement organization. (Sec. 1)Defines nontransplant anatomical donation organization as a tissue bank or other organization that facilitates nontransplant anatomical donations. (Sec. 1)Makes conforming changes. (Sec. 1, 2) Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 36-841 defines procurement organization as an organ procurement organization, a tissue bank, an eye bank and a storage facility or a storage facility that is licensed, accredited or approved under federal law or the state laws to engage in the recovery, screening, testing, processing or storage of human bodies or parts. A.R.S. § 36-843 allows an anatomical gift to be made during the life of a donor for the purpose of transplantation, therapy, research or education if certain criteria are met. A.R.S. § 36-844 outlines when an anatomical gift can be made as follows:Registering on the donor registry;In a will;During a donor's injury or terminal illness by any form of communication to at least two adults, including one disinterested witness.Additionally, a donation may be permitted by way of a donor card of other signed record. center-45320800ARIZONA HOUSE OF REPRESENTATIVESHB 2510: schools; immunization records; retentionPRIME SPONSOR: Representative Norgaard, LD 18BILL STATUS: Caucus and COWHEALTH: DPA 7-2-0-0right1602105Legend:ADHS – Arizona Department of Health ServicesADE – Arizona Department of EducationAmendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesADE – Arizona Department of EducationAmendments – BOLD and Stricken (Committee)AbstractRelating to school immunization records' retention.ProvisionsRequires a school district or charter school to maintain a student's immunization record for four SIX years after the student graduates WAS LAST ENROLLED IN A CHARTER SCHOOL OR SCHOOL DISTRICT. (Sec. 1) (Health)REQUIRES A SCHOOL DISTRICT OR CHARTER SCHOOL TO MAINTAIN THE IMMUNIZATION RECORD OF A STUDENT WHO GRADUATES FROM HIGH SCHOOL FOR SIX YEARS OR UNTIL THE STUDENT REACHES TWENTY-ONE YEARS OF AGE, WHICHEVER IS LATER. (Sec. 1) (Health)Requires charter schools to complete and file an annual immunization report with the local health department and ADHS. (Sec. 1) Makes conforming changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 15-874 requires a student's immunizations to be permanently maintained on a school's immunization record. The school's immunization record must be on a form prescribed by ADHS in conjunction with ADE. A school's immunization record must contain the student's: name and birthdate; date of school admission; type of administered immunizations; administration date of immunizations; immunization schedule; immunization exemptions, if applicable; laboratory evidence of immunity, if necessary; and any other information required by ADHS. Every school district and private school must complete and file an immunization report with a local health department and ADHS by November 30th of each school year.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2514: certificates of necessity; service areaPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus and COWHEALTH: DPA/SE 6-3-0-0right1524000Legend:ADHS – Arizona Department of Health ServicesCON – Certificate of NecessityAmendments – BOLD and Stricken (Committee)00Legend:ADHS – Arizona Department of Health ServicesCON – Certificate of NecessityAmendments – BOLD and Stricken (Committee)Strike-Everything Amendment AbstractRelating to ambulance services and Certificates of Necessity.ProvisionsClarifies that a consolidation or merger of two or more fire districts does not expand the service area boundaries of an existing CON. (Sec. 1)Requires the Director of ADHS to determine, according to the laws and rules of amending a CON, the need for expansion of the service area boundaries of a consolidated or merged fire district. (Sec. 1)Makes technical changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 36-2233 requires an ambulance service to apply to ADHS for a CON. The Director of ADHS must issue a CON if certain statutory requirements are met. CONs issued by ADHS must be for all or part of the service proposed by the applicant, as determined by the Director of ADHS, for public convenience and necessity. The Director of ADHS is allowed to grant a service area by: metes and bounds; a city, town or political subdivision not limited to a specific date; or a city, town or political subdivision as of a specific date that does not include annexation.center-51961200ARIZONA HOUSE OF REPRESENTATIVESHCM2011: zero tolerance; female genital mutilationPRIME SPONSOR: Representative Ugenti-Rita, LD 23BILL STATUS: Caucus and COWHEALTH: DP 9-0-0-0right1503045Legend:Congress – United States CongressSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:Congress – United States CongressSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)AbstractRelating to female genital mutilation. ProvisionsUrges Congress to formally recognize February 6th as the Day of Zero Tolerance for Female Genital Mutilation. Directs the SOS to transmit the memorial to:The United State President;The President of the United States Senate;The Speaker of the United State House of Representatives; andEach Arizona member of Congress.Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in statute.center-51924800ARIZONA HOUSE OF REPRESENTATIVESHB 2170: antiracketeering monies; police trainingPRIME SPONSOR: Representative Thorpe, LD 6BILL STATUS: Caucus and COWJPS: DP 7-2-0-0FPRPP: DP 8-0-0-132575501524000Legend:Board – Peace Officer Standards and Training BoardADPS – Arizona Department of Public SafetyARRF- Anti-Racketeering Revolving FundAmendments – BOLD and Stricken (Committee)00Legend:Board – Peace Officer Standards and Training BoardADPS – Arizona Department of Public SafetyARRF- Anti-Racketeering Revolving FundAmendments – BOLD and Stricken (Committee)AbstractRelating to the use of anti-racketeering monies for the Peace Officers' Training Fund.ProvisionsRequires 5% of the monies deposited in the ARRF or the County ARRF to be transferred to the State Treasurer for deposit in the Peace Officers' Training Fund. (Sec. 1, 2)Makes technical and conforming changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteThe Peace Officers' Training Fund was established by Laws 1968, Chapter 209. All monies deposited in the Peace Officers' Training Fund are continuously appropriated to ADPS for the benefit of the Board. They may only be used for the costs of training peace officers, the operation of the Arizona Law Enforcement Officers' Academy, for grants to state agencies, counties, cities and towns for training law enforcement officers and the operation of the Board. (A.R.S. § 41-1825)On the first day of each month, the State Treasurer deposits 16.64% of the Criminal Justice Enhancement Fund in the Peace Officers' Training Fund. (A.R.S. § 41-2401)Monies deposited in the ARRF are administered by the Attorney General and are distributed to the agency or agencies responsible for the seizure or forfeiture. (A.R.S. § 13-2314.01)Monies deposited in the county ARRF are administered by the County Attorney and are distributed to the agency or agencies responsible for the seizure or forfeiture to the extent of their contribution. (A.R.S. § 13-2314.03)center-51716200ARIZONA HOUSE OF REPRESENTATIVESHB 2192: child support; driver license restrictionPRIME SPONSOR: Representative Cobb, LD 5BILL STATUS: Caucus and COWJPS: DPA 9-0-0-032613601526540Legend:ADES – Arizona Department of Economic SecurityADOT – Arizona Department of TransportationAZGFD – Arizona Game & Fish DepartmentAmendments – BOLD and Stricken (Committee)00Legend:ADES – Arizona Department of Economic SecurityADOT – Arizona Department of TransportationAZGFD – Arizona Game & Fish DepartmentAmendments – BOLD and Stricken (Committee)AbstractRelating to remedies for wilful failure to pay child support.ProvisionsEstablishes a noncommercial restricted driver license as an alternative legal remedy for the wilful failure to pay child support for at least 6 months. (Sec. 2, 4)Outlines the permitted use for a restricted license as travel between the person's residence and:The person's employment during specified times;The person's employment, secondary or postsecondary school according to the person's employment or school schedule;A screening, education or treatment facility for scheduled appointments;The office of a physician or other health care professional; orA location designated for the purpose of parenting time. (Sec. 2)Stipulates that the person may only be eligible for a restricted license if the person: Is employed for at least 30 hours per week, Has a place of employment or school that is located more than one mile from the person's residence;Demonstrates that the employment or educational endeavor can be expected to help bring the person into compliance in a timely manner; and Enters into a payment plan with ADES to pay the back-owed child support. (Sec. 2)Permits the person's license to be suspended if the court finds that the person is not in compliance with payment plan at any time. (Sec. 2)Removes the requirement that ADES establish that the failure to pay child support for at least six months was wilful. (Sec. 1)Provides an affirmative defense to license suspension if the failure to pay child support was not wilful. (Sec. 1)States that the obligor has the burden of showing that the failure to pay was not willful. (JPS) (Sec. 1)Authorizes ADOT to issue the restricted driver license. (JPS) (Sec. 5)Modifies ADOT's definition of suspension. (Sec. 3)Makes technical and conforming changes. (Sec. 1, 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteIf ADES determines that the obligor has willfully failed to pay child support for 6 months or more, ADES must provide the obligor with written notice and refer the obligor to court for license suspension. The obligor may request an administrative review within 15 days of the notice, and ADES must stay the action and refer the person to court if such a request is made (A.R.S. § 25-517(A)). An obligor whose license has been suspended may petition the court for a hearing to establish that the person is in compliance with the support order or a court ordered plan for payment of back-owed child support. If the court finds the obligor is in compliance, the court will send a certificate of compliance to the board or agency and the obligor may apply for license reinstatement and pay all applicable fees (A.R.S. § 25-518(B)).After providing a written notice to the obligor, ADES may issue an administrative order of noncompliance to the board or agency to order the suspension of the obligor's professional or occupational license if the obligor has willfully failed to pay child support for 6 months or more. The obligor may request an administrative review within 15 days of the notice, and ADES must stay further action until a determination has been made (A.R.S. § 25-517(E)). If an obligor subject to a professional or occupational license suspension has paid all back-owed child support or entered into a written agreement with ADES, ADES will issue a notice of compliance to the licensing board or agency (A.R.S. § 25-518(G)).A certificate of noncompliance invalidates a license to take wildlife in Arizona and prohibits the obligor from applying for a license issued by an automated drawing system. The court will send a copy of the certificate of noncompliance to DES and DES will notify AZGFD of all obligors against whom a notice of noncompliance has been issued and who have applied for a license by an automated drawing system (A.R.S. § 25-518(E)).center-38943600ARIZONA HOUSE OF REPRESENTATIVESHB 2211: alcohol; drug monitoring program; establishmentPRIME SPONSOR: Representative Carter, LD 15BILL STATUS: Caucus/COWJPS: DPA 9-0-0-0right1524000Legend:ADC – Department of CorrectionsDirector – Director of ADCAmendments – BOLD and Stricken (Committee)00Legend:ADC – Department of CorrectionsDirector – Director of ADCAmendments – BOLD and Stricken (Committee)Strike Everything Amendment AbstractRelating to annual reports on treatment programs.ProvisionsRequires the Director to submit an annual report on drug and alcohol programs available to offenders under the jurisdiction of ADC. (Sec. 1)Specifies that the report shall include:A description of each program;The number of offenders currently receiving services;The number of offenders who have received services during the previous 12 months;The cost per offender and the source of funds;The name of each treatment provider; andA comparison of each treatment program and specific offender data. (Sec. 1)Requires the report to be sent to the Governor, the Legislature and the Secretary of State by December 1 of each year. (Sec. 1)Current LawA.R.S. § 31-281 establishes a transition program wherein eligible inmates are released up to 90 days early if they meet specific behavioral standards and includes a requirement for ADC to offer counselling and services for:Substance abuse treatment;Anger management;Cognitive behavioral therapy;Parenting skills and family reunification; andFurther education and job placement.This statute also requires ADC to conduct an annual study of the recidivism rates of inmates who participate in the program. Funding information for this program can be found in the FY 2018 Baseline. Additional InformationChapter 900 of the DOC Department Order Manual contains the purpose, administration guidelines, program descriptions and case management procedures for ADC treatment programs. centerbottom? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-51806900ARIZONA HOUSE OF REPRESENTATIVESHB 2243: anti-racketeering revolving funds; electronic reportsPRIME SPONSOR: Representative Farnsworth E, LD 12BILL STATUS: Caucus and COWJPS: DP 9-0-0-0FPRPP: DP 8-0-0-132575501476375Legend:ARRF – Anti-Racketeering Revolving FundRICO – Racketeer Influenced Corrupt OrganizationsACJC – Arizona Criminal Justice CommissionFY – Fiscal YearAmendments – BOLD and Stricken (Committee)00Legend:ARRF – Anti-Racketeering Revolving FundRICO – Racketeer Influenced Corrupt OrganizationsACJC – Arizona Criminal Justice CommissionFY – Fiscal YearAmendments – BOLD and Stricken (Committee)AbstractRelating to RICO reporting. ProvisionsRequires reporting of the state ARRF and county ARRF to be done on a quarterly basis instead of an annual basis. (Sec. 1,2)Requires the ACJC to submit electronic copies of the reports. (Sec. 1,2)Makes technical changes. (Sec. 1,2)Current LawThe ACJC is responsible for compiling the statewide RICO report for Arizona. The report summarizes revenue and expenditures of each of the county attorney RICO accounts as well as the Arizona Attorney General account and local law enforcement agency activity. RICO funds are generated by law enforcement activities that result in asset forfeiture proceedings. Once forfeited, proceeds are deposited into the RICO fund and are expended in accordance with state and Federal laws and guidelines. The report summarizes individual county attorney reports and local agency reports into a single comprehensive report of sources and expenditures in the state and county Funds. (A.R.S. § 13-2314) Laws 2011, Ch. 83 required ACJC to compile reports into a single comprehensive annual report, and submit them by September 30th of each year. center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-51915800ARIZONA HOUSE OF REPRESENTATIVESHB 2244: concealed weapons permit; electronic reportsPRIME SPONSOR: Representative Farnsworth E, LD 12BILL STATUS: Caucus & COWJPS: DP 9-0-0-0right1524000Legend:CCW – concealed carry weapons ADPS - Department of Public SafetyAmendments – BOLD and Stricken (Committee)00Legend:CCW – concealed carry weapons ADPS - Department of Public SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to CCW permit reports.ProvisionsRequires ADPS to submit its annual CCW permit report electronically. (Sec. 1)Expands the report to include any changes made in the previous year to a written agreement with another state. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 13-3112 outlines the process for obtaining a CCW permit and the criteria that an applicant must meet. Permits are issued by ADPS and a person must carry it at all times while carrying a weapon. A person who fails to have the CCW permit while carrying is subject to a civil penalty of up to $300. By law, ADPS must issue a CCW permit to applicants who meet specific requirements outlined in statute. A person must demonstrate the level of competence with a firearm as outlined in law and provide proof of having completed a training program (or have demonstrated competence in any state or political subdivision in the United States). This statute also requires ADPS to maintain a record of the number of CCW permits requested, issued and denied, and to report this information to the Governor and Legislature annually.Additional InformationADPS is required to recognize CCW permits issued by another state if the permit meets certain criteria (reciprocity). Additional information on reciprocity can be found on the ADPS website. According to ADPS, there are currently 304,960 valid Arizona CCW permits. More information on the CCW program can be found here.center-51834100ARIZONA HOUSE OF REPRESENTATIVESHB 2269: victims' rights; requirements; monetary judgmentsPRIME SPONSOR: Representative Syms, LD 28BILL STATUS: Caucus & COWJPS: DPA 9-0-0-0right1524000Legend:ADC – Arizona Department of CorrectionsBOEC – Board of Executive ClemencyAmendments – BOLD and Stricken (Committee)00Legend:ADC – Arizona Department of CorrectionsBOEC – Board of Executive ClemencyAmendments – BOLD and Stricken (Committee)AbstractRelating to victims' rights.ProvisionsProhibits the payment of specific types of monetary judgments to a person who is or was incarcerated at ADC before all owed restitution and incarceration costs are paid. Applies to judgements against the:State;A political subdivision;Any prison, jail or correctional facility; orAny officer or agent of a prison, jail or correctional facility.Restitution costs are paid first if the judgment is not large enough to cover both the restitution and incarceration costs owed. The balance may be used for incarceration costs.OUTLINES INFORMATION THAT MUST BE PROVIDED TO THE COURT CLERK IF MONIES ARE TRANSFERRED FOR PAYMENT OF VICTIM RESTITUTION. (Sec 8) (JPS)Allows the entity that was ordered to pay the judgment to transfer the money to the clerk of the court for distribution to the victim for restitution purposes. (Sec 8)Replaces the requirement that the investigating law enforcement agency provide the specified materials to a victim on a multi-copy form, instead allowing the information to be provided through electronic forms, pamphlets, information cards or other materials. Current law requires a crime victim to be given several materials by the investigating agency on a multi-copy form. The materials include:A way for the victim to request or waive rights;A method to designate a lawful representative;Notice of specific rights of victims;The availability of crisis intervention services, emergency medical services and information regarding reimbursement for medical expenses required for securing evidence;Procedures and resources for victims of domestic violence;Names and numbers for victim assistance programs;The police report number and a specified statement;A statement that the victim will be notified after the arrest of a suspect;A statement that the victim has the right to request to be informed if the suspect is released or detained pending hearing and the victim's right to be present at the hearing;866775654050? 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 NoteThat the victim or an immediate family member may receive a free copy of the police report. (Sec 1, 9)Allows the court to provide a copy of the terms and conditions of release to a victim in electronic form, pamphlet, information card or other material. (Sec 3, 10)Permits a victim to exercise his or her right to be heard through the submission of any video or digital media AVAILABLE TO THE COURT. (JPS)Current law (A.R.S. §§ 8-707 and 13-4428) permits a victim to exercise the right to be heard by:Providing an oral statement;Submitting either:A written statement, orA statement made through audio or videotape. (Sec 5, 12)Allows a minor victim's name to be redacted from public records if specific conditions are met. (Sec 6)Allows a victim minor's representative to consent to the release of records that would otherwise be confidential.This change mirrors language contained in the adult victims' rights statute (A.R.S. § 13-4434), as added by Laws 2015, Ch. 261, § 7. (Sec 6)Specifies that the probation department, instead of the court, is responsible for notifying the Department of Juvenile Corrections if a victim has requested post-adjudication notice and the defendant has had probation revoked. (Sec 4) (JPS)Requires the court to provide notice to ADC and BOEC if a victim has requested post-conviction notice and a defendant is committed to ADC as the result of probation being revoked. (Sec 11) Specifies that in the case of a probation revocation, on a victim's request, ADC and BOEC will provide the specified notice to the victim.A.R.S. §§ 13-4412 and 13-4413 require specific notice to a victim regarding a prisoner's status while A.R.S. § 44-4414 requires notice for any hearings or decisions of the BOEC regarding the release of the prisoner. (Sec 11)Corrects several internal references. Laws 1997, Ch. 220, § 59 transferred and renumbered several sections of juvenile code, including the article containing statutes related to rights for victims of juvenile offenders. References to the old section numbers are still contained in A.R.S. § 8-386.01. (Sec 2)Makes clarifying, technical and conforming changes (Sec 1, 2, 5, 7, 9, 10, 12)Current LawArticle II, § 2.1 of the Arizona Constitution was enacted by the voters in 1990 and outlines specific rights that crime victims are entitled to. Victim is defined as a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person’s spouse, parent, child or other lawful representative (unless the person is in custody for an offense or is the accused). Subsection D grants to the Legislature and the people the right to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims under § 2.1. Numerous statutes further implement § 2.1 along with A.R.S. Title 13, Chapter 40 (crime victims’ rights).center-51852300ARIZONA HOUSE OF REPRESENTATIVESHB 2375: victims; medical bills; prohibited actsPRIME SPONSOR: Representative Boyer, LD 20BILL STATUS: Caucus/COWJPS: DPA 9-0-0-0right1524000Legend:AAC – Arizona Administrative CodeACJC – Arizona Criminal Justice CommissionVCAF – Victim Compensation and Assistance FundAmendments – BOLD and Stricken (Committee)00Legend:AAC – Arizona Administrative CodeACJC – Arizona Criminal Justice CommissionVCAF – Victim Compensation and Assistance FundAmendments – BOLD and Stricken (Committee)AbstractRelating to the VCAF.ProvisionsSTATES THAT A LICENSED HEALTHCARE PROVIDER WHO AGREES TO THE VCAF RULES MAY RECEIVE FUND MONIES. (Sec. 1)Stipulates that a licensed health care provider who provides services to a victim and accepts the full allowable payment from the VCAF is deemed to have accepted payment in full. (Sec. 1)Prohibits a licensed health care provider from participating in debt collection activity if a person has filed a claim with the VCAF, until a determination of the claim status has been made. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S § 41-2407 establishes the VCAF and authorizes ACJC to administer monies for the purpose of providing financial assistance to victims for expenses incurred as the result of a crime. Additional InformationA.A.C. R10-4-101 through R10-4-111 contain details on the administration of the VCAF and outline eligibility requirements for victim compensation. "Victim" is defined as a person who suffers a physical injury or medical condition, mental distress or death as a direct result of:Criminally injurious conduct;An act of international terrorism;The person’s good faith effort to prevent criminally injurious conduct or an act of international terrorism; orThe person’s good faith effort to apprehend a person suspected of engaging in criminally injurious conduct or an act of international terrorism.center-51843300ARIZONA HOUSE OF REPRESENTATIVESHB 2402: prohibited possessors; driving record; notationPRIME SPONSOR: Representative Shope, LD 8BILL STATUS: Caucus & COWJPS: DPA 8-1-0-031699201477645Legend:DL – driver license or non-operating identificationMVD – Motor Vehicle DivisionInterstate Compact – Interstate Compact for the Supervision of Parolees and ProbationersAmendments – BOLD and Stricken (Committee)00Legend:DL – driver license or non-operating identificationMVD – Motor Vehicle DivisionInterstate Compact – Interstate Compact for the Supervision of Parolees and ProbationersAmendments – BOLD and Stricken (Committee)AbstractRelating to information on prohibited possessors.ProvisionsRequires the court to transmit the information listed below to MVD if a person is convicted or adjudicated delinquent for an offense that makes the person a prohibited possessor.Name;Sex;Date of birth;Social security number (if available); (JPS)Court case number;Court originating agency identification number; and DL number (if available). (Sec 2)Requires the court to notify and transmit specified information to MVD for persons who are:Found incompetent (Rule 11);Under a guardianship; orUnder court-ordered treatment. (Sec 1, 4, 5)Requires MVD to include the information on a person's driving record and to make that information readily available to peace officers. If no driving record exists for the person, MVD must create a record with the information. (Sec 2)States that the court must immediately transmit a notice of removal to MVD if:The person's right to possess a firearm is restored, orThe court determines that the person is no longer a prohibited possessor. (Sec 2, 3)Permits peace officers to use the information on the driving record to determine if the person may be a prohibited possessor. (Sec 2)Outlines similar requirements for persons who are on parole or probation under the Interstate Compact. The probation department must notify the MVD within 30 days of a person's arrival in Arizona. (Sec 2) (JPS)Adds conforming language to sections related to the restoration of rights, competency decisions (Rule 11), guardianship appointments and court-ordered treatment orders. (Sec 1, 3, 4, 5)-95257849235? 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 a technical change. (Sec 3)CONTAINS A DELAYED EFFECTIVE DATE OF JANUARY 1, 2019. (JPS)Current LawA.R.S. § 13-3101(A)(7) defines a prohibited possessor for purposes of who may not carry a firearm. Under A.R.S. § 13-3102(A)(4), it is a Class 4 felony (2 ? years / up to $150,000 plus surcharges) to possess a deadly weapon if the person is a prohibited possessor. Additional InformationThe National Instant Criminal Background Check System was created by the Brady Handgun Violence Prevention Act (1993) and launched in 1998 to allow federal firearms licensees to determine if the person they are selling a firearm to is a prohibited possessor. Information in the database may only be accessed for that purpose, although a 2014 rule change allows a law enforcement agency to check the database prior to returning a weapon to a person. center-38943600ARIZONA HOUSE OF REPRESENTATIVESHB 2435: name change; juvenile courtPRIME SPONSOR: Representative Clodfelter, LD 10BILL STATUS: Caucus & COWJPS: DP 7-2-0-0right1524000Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to juvenile court duties. ProvisionsAllows the juvenile court to change the name of a child who was the subject of an action to terminate parental rights. (Sec. 1)Makes a technical change. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S § 8-202 grants original jurisdiction to the juvenile court over specific proceedings, including providing consent to:Marriage;Employment; and Enlistment in the armed forces.A.R.S. § 8-862 specifies that the court will hold a permanency hearing to determine if termination of parental rights is in the best interest of the child. If termination is ordered, the court is required to order an ad litem filing within 10 days of the permanency hearing. An initial hearing on the motion for termination of parental rights must be held within 30 days of the permanency hearing.The court will order the adoption once it has determined all requirements have been met and that it is in the best interest of the child. The order may change the name of the child to that of the adoptive parent or parents (A.R.S. § 8-116). center-50654800ARIZONA HOUSE OF REPRESENTATIVESHB 2444: sexual assault; victim advocates; privilegePRIME SPONSOR: Representative Syms, LD 28BILL STATUS: Caucus & COWJPS: DP 9-0-0-0right1469390Legend:Advocate – sexual assault victim advocateDCS – Department of Child SafetyVictim – sexual assault victimAmendments – BOLD and Stricken (Committee)00Legend:Advocate – sexual assault victim advocateDCS – Department of Child SafetyVictim – sexual assault victimAmendments – BOLD and Stricken (Committee)AbstractRelating to privileged communications between an advocate and a victim.ProvisionsProhibits an advocate from being examined regarding communications with a victim in a civil action. Exempts civil commitment proceedings related to sexually violent persons.It is an advocate's duty to report abuse or neglect. (Sec 1)States that unless other immunity applies, the communication is not privileged if the advocate knows or should have known that the victim will give or has given:Perjurious statements, orStatements that disprove the sexual assault. (Sec 1)Permits a party to make a motion to disclose privileged information. If reasonable cause exists, the court must hold an in camera hearing to determine if the privilege should apply. (Sec 1)Requires an advocate to meet specific training requirements to qualify for the privilege. 30 hours of training in assisting victims;Must include an explanation of the privileged communication and mandatory reporting requirements.Outlines who may provide the training; andRequires training records to be maintained by the program or service provider. (Sec 1)Requires advocates who are volunteers to work under qualified supervision. (Sec 1)Adds advocates to the definition of a person who is required to report to law enforcement or the DCS if they believe a minor is the victim of physical injury, abuse, child abuse, a reportable offense or neglect. (Sec 2)Defines advocate. (Sec 1)Current LawA.R.S. Title 12, Chapter 13, Article 4 outlines the various types of privileged communications for purposes of civil actions. These include communications between:A husband and wife;A member of the clergy and a lay person;An attorney and a client;A doctor and a patient;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 NoteA reporter and a source;Persons engaged in mediation; andDomestic violence victim advocates and domestic violence victims.A.R.S. § 12-2239 makes communications between a domestic violence victim advocate and a victim of domestic violence confidential in civil actions. It contains specific exemptions, training requirements for advocates and allows a party in the case file a motion to have the court consider if the privilege should apply. A.R.S. § 13-3620 requires a person who is a specific occupation or position to immediately report to a peace officer, DCS or a tribal law enforcement/social services agency if the person reasonably believes that a minor has been the victim of:Physical injury;Abuse;Child abuse;A reportable offense; orNeglect.Included in this duty to report are medical professionals, law enforcement, social workers, counselors, DCS investigators, DCS workers, clergy, parents, guardians, step-parents, school personnel, domestic violence victim advocates and any person with responsibility for care or treatment of the child. This section defines a reportable offense as a sex offense, surreptitious photographing/videotaping, child prostitution, incest or unlawful mutilation. Failure to report a reportable offense is a Class 6 felony (1 year/up to $150,00+surcharges); failure to report injury, abuse or neglect is a Class 1 misdemeanor (6 months in jail/up to $2,500 + surcharges).center-49802100ARIZONA HOUSE OF REPRESENTATIVESHB 2477: civil forfeiture; report information; remediesPRIME SPONSOR: Representative Farnsworth E, LD 12BILL STATUS: Caucus & COWFPRPP: DP 9-0-0-0JPS: DPA 9-0-0-0left1527175Legend:ACJC – Arizona Criminal Justice CommissionADOA – Arizona Department of AdministrationAG – Attorney GeneralARRF – Anti-Racketeering Revolving FundBOS –Board of SupervisorsCPA – Certified Public AccountantLEA – Law Enforcement AgencyOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)00Legend:ACJC – Arizona Criminal Justice CommissionADOA – Arizona Department of AdministrationAG – Attorney GeneralARRF – Anti-Racketeering Revolving FundBOS –Board of SupervisorsCPA – Certified Public AccountantLEA – Law Enforcement AgencyOAG – Office of the Auditor GeneralAmendments – BOLD and Stricken (Committee)AbstractRelating to civil asset forfeiture.ProvisionsForfeiture Proceedings and RemediesIncreases the standard of evidence for the civil asset seizure and forfeiture processes from preponderance of evidence to clear and convincing evidence. (Sec. 3, 5, 6, 7)Authorizes the court to award reasonable attorney fees, expenses and damages for loss of the use of property to any claimant who substantially prevails. (Sec. 8)Removes the requirement that the court order a claimant who fails to establish that the entire claim or interest is exempt from forfeiture to: Pay the costs of any claimants who establish that their entire interests are exempt; and Pay the state's costs and expenses of the investigation, prosecution and attorney fees. (Sec. 8)Permits a claimant to receive costs or damages on the entry of judgment for the claimant. Current law prohibits a claimant from recovering costs or damages if the court enters a finding that there was reasonable cause for the forfeiture proceedings. (Sec. 8)8953507839710? 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 fees from being charged to an owner or interest holder for filing a claim against property included in a notice of forfeiture. (Sec. 6)Removes the prohibition against evidence suppression in forfeiture hearings on the grounds that its acquisition by search or seizure violated constitutional protections from unreasonable searches or seizures that apply in criminal cases. (Sec. 5)Removes the seizing entities' and state attorney's immunity from liability on account of a seizure, suit or prosecution when the court finds there was reasonable cause for forfeiture proceedings. Current law grants immunity to the seizing entities and state attorney if the court finds there was a reasonable cause for forfeiture proceedings. (Sec. 8)Allocation of Anti-Racketeering Revolving Fund MoniesRequires any agency applying for monies from an ARRF to submit a written application with a description of how the money will be used to the AG or county attorney. (Sec. 1, 2)Authorizes the AG or county attorney to deny an application that requests monies for purposes not authorized by statute or federal law. (Sec. 1, 2)Requires the county attorney to submit an application that includes the intended use for ARRF monies to the BOS before the monies may be used. (Sec. 2)Instructs the BOS to approve any application that requests monies for purposes authorized by statute or federal law. (Sec. 2)Prohibits the seizing agency and state attorneys from entering into any agreement that would transfer or refer seized property to a federal agency unless the property includes more than $100,000.The seizing agency may transfer or refer the seized property to a federal agency for forfeiture pursuant to federal law if the property includes more than $100,000. Does not restrict collaboration with a federal agency through an intergovernmental joint task force. (Sec. 4)Reporting RequirementsRequires the quarterly revenue and expenditure reports submitted by entities receiving ARRF monies to include:For forfeiture revenues:The name of the seizing LEA;The date of the seizure FOR FORFEITURE; The type and description of the seized property; The location of the ORIGINAL seizure;The estimated value of the PROPERTY SEIZED; The alleged criminal offense STATUTE that allowed the seizure;If criminal charges were filed;What criminal charges were filed; The case number and outcome of criminal charges;CRIMINAL STATUTE CHARGED, IF KNOWN COURT CASE NUMBER, IF KNOWNOUTCOME OF CRIMINAL CASE IF SEIZED PROPERTY WAS SUBMITTED FOR STATE FORFEITURE BUT TRANSFERRED TO FEDERAL AUTHORITIES FOR FORFEITURE PROCEEDINGS;The reason for federal transferThe forfeiture case number;The method of final forfeiture proceeding;The venue of the forfeiture action;If a claim or counterclaim was filed and whether the person was a suspect, titled owner, joint owner or third-party owner;WHETHER A PERSON OR ENTITY FILED A CLAIM OR COUNTERCLAIM OR SUBMITTED A PETITION ASSERTING INTEREST IN THE PROPERTY AS AN OWNER, INTEREST HOLDER OR INJURED PERSON.If the property owner, INTEREST HOLDER OR INJURED PERSON WAS ASSISTED was represented by an attorney in the forfeiture;The date of the forfeiture decision;If there was a forfeiture settlement agreement; The disposition of the property and date of disposition;The gross NET amount of monies received from the forfeiture; The total estimated costs; andThe amount of attorney fees, COSTS, EXPENSES AND DAMAGES awarded to property owners AND WHO RECEIVED THE AWARD.For expenditures: Crime, gang and substance abuse programs;Victim reparations and witness protection;Investigation costs, informant fees and buy money;Regular-time salaries, overtime-pay and employee benefits of sworn and unsworn LEA personnel and prosecutors;Professional or outside services;Membership fees paid to trade associations;Travel and meals, entertainment, training and conferences;The purchase or lease of vehicles;Canines, firearms, tactical gear and related equipment;Other capital expenditures;External publications and communications; andOther operating expenses, itemized. (Sec. 1, 2) (JPS)Requires the AG to annually initiate a financial audit of the ARRF. Conducted by a CPA within 120 days of the end of each FY; and AG will pay any fees and costs of the financial audit from the ARRF. (Sec. 1)Makes technical and conforming changes. (Sec. 1-8) (JPS)Current LawProperty is subject to seizure for forfeiture if the:Property is subject to a seizure warrant;Property is seized because of a search or an arrest;Property is seized pursuant to a constructive seizure; Property is the subject of a pending lawsuit (lis pendens); Property is the subject of a racketeering lien; orPolice officer has probable cause to believe that the property is subject to forfeiture. (A.R.S. § 13-4305)Property that may not be seized for forfeiture includes:A vehicle used as a common carrier unless the owner or person in charge of the vehicle was a consenting party, privy to the offense, knew or had reason to know of the offense;A vehicle if the offense was committed by a person other than the owner while the vehicle was unlawfully in the possession of a person other than the owner;Property connected with a drug offense if the amount of the unlawful substance did not exceed the statutory threshold for that substance and the offense was not committed for financial gain; Property that the owner has established was 1) acquired before or during the offense, 2) the owner did not empower the offense, 3) if the owner is married to the offender, that the owner held the property as separate property and 4) did not know or could not reasonably have known the offense was likely to occur; andThe property was 1) purchased after the offense, 2) the owner is a bona fide purchaser for value and did not knowingly take part in an illegal transaction, 3) was reasonably without notice of the offense and reasonably without cause to believe that the property was subject to forfeiture. (A.R.S. § 13-4304)After the filing of an action by the AG or a county attorney but before a determination of liability, the superior court may prevent, restrain and remedy racketeering by issuing seizure warrants, findings of probable cause for in personam (against the person) or in rem (against the property) forfeiture, restraining orders, prohibitions or other actions. After a determination of liability, the court may: Order a person to divest of any interest in any enterprise; Impose reasonable restrictions of future activities or investments;Order the dissolution or reorganization of an enterprise;Order payment of treble damages to persons injured by racketeering; Order payment of all costs and expenses of the prosecution and investigation of any racketeering offense;Order in personam forfeiture of property acquired, maintained, used or intended to be used through racketeering offenses or the proceeds from those offenses;Hear in rem forfeiture proceedings, initiated by the AG or county attorney, of property acquired, maintained, used or intended to be used through racketeering offenses or the proceeds from those offenses. (A.R.S. § 13-2314)The AG or county attorney must determine if it is probable that the property is subject to forfeiture. If the attorney determines that there is probable cause, the attorney may initiate either uncontested or judicial forfeiture proceedings. However, if the attorney determines the forfeiture proceedings cannot be sustained or that justice does not require the forfeiture proceedings, the seizing agency must immediately authorize the release of the property. (A.R.S. § 13-4308)If the state fails to initiate forfeiture proceedings by providing notice of pending forfeiture within 60 days of seizure, or fails to pursue forfeiture after a timely claim has been filed, the property must be released on the request of an owner or interest holder. (A.R.S. § 13-4308)If the court rules for the state, the forfeited property must be transferred to the state to be sold, leased, loaned, transferred, destroyed or used for investigative purposes. Revenues from forfeited property, after reimbursement of the costs for keeping and transferring the property, must be deposited in the state ARRF or county ARRF. (A.R.S. § 13-4315)ARRF monies may be allocated by the AG or county attorney to pay for contract services and reimbursements for federal, state or local agencies for any expenditures to perform the functions of the seizing agency. (A.R.S. § 13-4315)The AG and county attorney are required to file a quarterly report containing all the ARRF sources and expenditures with the ACJC. The ACJC is required to annually compile the reports and submit the final document to the Governor, ADOA, President of the Senate, Speaker of the House of Representatives, JLBC Director and the Secretary of State. (A.R.S. § § 13-2314.01 and 13-2314.03)Additional InformationThe clear and convincing evidence standard requires a party to prove that it is substantially more likely than not that the allegation is true.The preponderance of evidence standard requires a party to prove that it is more likely than not that the allegation is true. center-54165500ARIZONA HOUSE OF REPRESENTATIVESHB 2504: public accommodation; disability; discrimination; sanctionsPRIME SPONSOR: Representative Syms, LD 28BILL STATUS: Caucus & COWJPS: DP 9-0-0-0right1524000Legend:ADPS – Arizona Department of Public SafetyAmendments – BOLD and Stricken (Committee)00Legend:ADPS – Arizona Department of Public SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to criminal ProvisionsRequires gubernatorial nominees and applicants for the following positions to submit fingerprints to their prospective employer for purposes of a state and federal criminal records check prior to nomination, appointment or hire:Superior court, Court of Appeals and Supreme Court (Sec 1);Occupational Safety and Health Review Board (Sec 2);Arizona National Guard military judges (Sec 3, 4);Board of Podiatry Examiners (Sec 5);Board of Chiropractic Examiners (Sec 6);Board of Dental Examiners (Sec 7);Naturopathic Physicians Medical Board (Sec 8);Board of Nursing (Sec 9);Board of Dispensing Opticians (Sec 10);Board of Optometry (Sec 11);Board of Osteopathic Examiners (Sec 12);Board of Physician Assistants (Sec 13);Board of Homeopathic and Integrated Medicine Examiners (Sec 14);Board of Behavioral Health Examiners (Sec 15);Board of Occupational Therapy Examiners (Sec 16);Board of Respiratory Care Examiners (Sec 17);Acupuncture Board of Examiners (Sec 18);State Officers subject to Senate confirmation (Sec 19);Public Safety Personnel Retirement System Board (Sec 20);Positions within the Office of the Governor (Sec 21);Arizona Commerce Authority Board of Directors (Sec 22);Arizona Peace Officer Standards and Training Board (Sec 24);Arizona Finance Authority Board of Directors (Sec 25).Allows ADPS to exchange criminal records history information with the Governor for prospective gubernatorial nominees, appointees and employees. (Sec 23);Makes technical changes (1, 2, 4, 5, 6, 9, 12, 14, 19, 20, 21, 24)Makes conforming changes. (All except Sec 19, 20, 21, 23)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. § 41-1750 requires ADPS to operate the central state repository to collect and store criminal history records in Arizona. This information can only be exchanged or provided to other entities with express statutory authorization. Public Law 92-544 provided funding to the FBI for the collection and sharing of identification records with specific governmental entities, subject to cancellation if disseminated outside the approved entities. 28 CFR 20.33 permits the sharing of federal criminal history records information with entities as outlined. 28 CFR 20.21 outlines limitations on how these records can be disseminated. In order to obtain federal criminal history information, a state must enact a statute permitting the exchange and the statute must be approved by the US Attorney General. center-54546500ARIZONA HOUSE OF REPRESENTATIVESHB 2515: governor appointees; criminal records checksPRIME SPONSOR: Representative Farnsworth E, LD 12BILL STATUS: Judiciary & Public Safety34988501532255Legend:ADPS – Arizona Department of Public SafetyFBI – Federal Bureau of Investigation Amendments – BOLD and Stricken (Committee)00Legend:ADPS – Arizona Department of Public SafetyFBI – Federal Bureau of Investigation Amendments – BOLD and Stricken (Committee)AbstractRelating to criminal history records checks for gubernatorial nominees, appointees and applicants.ProvisionsRequires gubernatorial nominees, appointees and applicants for the following positions to submit fingerprints to their prospective employers for purposes of state and federal criminal records checks prior to nomination, appointment or hire:Superior court, Court of Appeals and Supreme Court (Sec 1);Occupational Safety and Health Review Board (Sec 2);Arizona National Guard military judges (Sec 3, 4);Board of Podiatry Examiners (Sec 5);Board of Chiropractic Examiners (Sec 6);Board of Dental Examiners (Sec 7);Naturopathic Physicians Medical Board (Sec 8);Board of Nursing (Sec 9);Board of Dispensing Opticians (Sec 10);Board of Optometry (Sec 11);Board of Osteopathic Examiners (Sec 12);Board of Physician Assistants (Sec 13);Board of Homeopathic and Integrated Medicine Examiners (Sec 14);Board of Behavioral Health Examiners (Sec 15);Board of Occupational Therapy Examiners (Sec 16);Board of Respiratory Care Examiners (Sec 17);Acupuncture Board of Examiners (Sec 18);State Officers subject to Senate confirmation (Sec 19);Public Safety Personnel Retirement System Board (Sec 20);Positions within the Office of the Governor (Sec 21);Arizona Commerce Authority Board of Directors (Sec 22);Arizona Peace Officer Standards and Training Board (Sec 24); andArizona Finance Authority Board of Directors (Sec 25).Permits ADPS to exchange the fingerprint data with the FBI. (Sec )Allows ADPS to exchange criminal records history information with the Governor for prospective gubernatorial nominees, appointees and employees. (Sec 23)Makes technical changes (1, 2, 4, 5, 6, 9, 12, 14, 19, 20, 21, 24)Makes conforming changes. (All except Sec 19, 20, 21, 23)Current LawA.R.S. § 41-1750 requires ADPS to operate the central state repository to collect and store criminal history records in Arizona. This information can only be exchanged or provided to other entities with express statutory authorization. Public Law 92-544 provided funding to the FBI for the collection and sharing of identification records with specific governmental entities, subject to cancellation if disseminated outside the approved entities. 28 CFR 20.33 permits the sharing of federal criminal history records information with entities as outlined. 28 CFR 20.21 outlines limitations on how these records may be disseminated. In order to obtain federal criminal history information, a state must enact a statute permitting the exchange and the statute must be approved by the US Attorney General. 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 Notecenter-38961800ARIZONA HOUSE OF REPRESENTATIVESHB 2095: state lands; perpetual rights-of-wayPRIME SPONSOR: Representative Bowers, LD 25BILL STATUS: Caucus and COWLARA: DPA (8-0-0-0)right1545590Legend:ASLD – Arizona State Land DepartmentAmendments – BOLD and Stricken (Committee)00Legend:ASLD – Arizona State Land DepartmentAmendments – BOLD and Stricken (Committee)AbstractRelating to rights-of-way to private property.ProvisionsRequires ASLD to grant a perpetual right-of-way FOR A TERM OF AT LEAST 30 YEARS to provide legal access to AN APPLICANT'S private property if access across state trust land is the historic route or is necessary because state trust or federal lands surround the private property. (LARA) (Sec. 2)Stipulates an appraisal must be conducted prior to the public action at which the land is sold to the highest and best bidder. (LARA) (Sec. 2)REQUIRES ASLD TO CONSULT WITH APPLICANTS TO DETERMINE THE APPROPRIATE LOCATION AND WIDTH OF RIGHTS-OF-WAY. (LARA) (Sec. 2)STIPULATES THAT RIGHTS-OF-WAY BE GRANTED ACCORDING TO THE STATE CONSTITUTION AND LAWS, AND ASLD RULES. (LARA) (Sec. 2)Exempts ASLD from historic preservation surveys and documentation if the right-of-way to the private property had been in use and new road construction is not necessary. (Sec. 2)Provides ASLD THE DISCRETION to relocate the right-of-way if development of state trust land requires relocation. (LARA) (Sec. 2)Makes technical and conforming changes. (Sec. 1, 2)Current LawASLD has the discretion to grant rights-of-way for: 1) purposes deemed necessary, and sites for reservoirs, dams and power or irrigation plants subject to terms and conditions; 2) transportation purposes to federal agencies, state agencies or political subdivisions for nonexclusive uses for more than 10 years without a public auction; and 3) any person for nonexclusive terms up to 50 years without a public auction. Perpetual rights-of-way to entities other than federal agencies, state agencies or political subdivisions mus-190508029575? 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 Notet be granted at public auction to the highest and best bidder (A.R.S. § 37-461).center-51852300ARIZONA HOUSE OF REPRESENTATIVESHB 2366: agricultural land; fallowing; property taxPRIME SPONSOR: Representative Shope, LD 8BILL STATUS: Caucus and COWLARA: DP (7-1-0-0)right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to classification of property used for agricultural purposes.ProvisionsRequires an irrigation district to verify, by an official certification to the county assessor, confirmation of a temporary reduction or transfer of water for agricultural use in the farm unit. (Sec. 1) Excludes irrigation districts in Maricopa and Pima county. (Sec. 1)Current LawStatute prescribes criteria for the classification of property used for agricultural purposes. One requirement is that the primary use of the property is as agricultural land and the property has been in active production for at least three of the last five years. However, property that has been in active production may be inactive or partially inactive due to a temporary reduction or transfer of the available water supply or irrigation district water allotments for agriculture use in the farm unit (A.R.S. § 41-12152). center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-52940900ARIZONA HOUSE OF REPRESENTATIVESHB 2411: homeowners' associations; open meetingsPRIME SPONSOR: Representative Lovas, LD 22BILL STATUS: Caucus and COWLIA: DP (5-2-0-0)32575501523365Legend:Board – HOA board of directorsHOA - condominium or planned community owners' associationAmendments – BOLD and Stricken (Committee)00Legend:Board – HOA board of directorsHOA - condominium or planned community owners' associationAmendments – BOLD and Stricken (Committee)AbstractRelating to HOA board, committee and membership meetings.ProvisionsProhibits the board, a committee of the board and membership from taking any action in a meeting unless there is a quorum present. (Sec. 1, 2)Prohibits a board from requiring advanced notice in order to audiotape or videotape a meeting. (Sec. 1, 2)Permits a board meeting to be closed for consideration of any violations of the declaration or assessment delinquencies. Requires the board, immediately following the closed portion of the meeting, to report the number of violation notices sent and the number and dollar amounts of any delinquent assessments that have occurred since the last meeting. (Sec. 1, 2)Requires the notice of any meeting of an HOA to state the date of the meeting. (Sec. 1, 2)Requires notice of any annual or regular meeting of an HOA to state the purpose for which the meeting is called, including any proposed amendment to the declaration or bylaws and any changes in assessment. (Sec. 1, 2)Requires a board to make an agenda available for any closed portion of a meeting which includes a description of the specific exemption that permits the portion of the meeting to be closed.Requires the agenda to be made available to owners before the closed portion of the meeting is held and attached to the minutes of the meeting. (Sec. 1, 2)Requires notice of a board meeting to be provided at least 48 hours before the meeting. (Sec. 1, 2)Permits emergency meetings of the board to be held for business or action that cannot be delayed for the 48 hours. (Sec. 1, 2)Emergency meetings of the board may be held for any business or action that cannot be delayed until the next regularly scheduled meeting (A.R.S. §§ 33-1248 & 33-1804)Prohibits a board from taking action on nonemergency matters at emergency meetings. (Sec. 1, 2)Permits an emergency board meeting to be conducted: By conference call, internet live-meeting or other form of technology; and9048758049260? 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 NoteWithout member presence or participation. (Sec. 1, 2)Requires meetings of any committees of the board to abide by the same statutory requirements as meetings of the board. (Sec. 1, 2)Requires members of the board and any community manager to construe any statutory meeting requirement in favor of open meetings. (Sec. 1, 2)Requires HOA members to have the ability to speak before a vote of the members. (Sec. 1, 2)Makes technical and conforming changes. (Sec. 1, 2)Current LawAll meetings of a board and any regularly scheduled committee meetings are open to all members of the association or any person designated by a member as their representative. Notice of any meeting is required to be provided to each of the unit or home owners and must state the time and place of the meeting. Meetings of the board may be closed for consideration of certain topics, including legal advice, pending litigation and personal information. Additionally, the board may call emergency meetings for action that cannot be delayed until the next regularly scheduled meeting. Any person or entity charged with interpretation of statutory HOA meeting requirements is required to construe the statute in favor of open meetings (A.R.S. §§ 33-1248 & 33-1804). center-40912200ARIZONA HOUSE OF REPRESENTATIVESHB 2419: homeowners' associations; disclosure documents; feesPRIME SPONSOR: Representative Leach, LD 11BILL STATUS: Caucus and COWLIA: DP (7-0-0-0)32575501524000Legend:HOA – Homeowners' associationAmendments – BOLD and Stricken (Committee)00Legend:HOA – Homeowners' associationAmendments – BOLD and Stricken (Committee)AbstractRelating to HOA fees for documents necessary for the transfer or use of the property. ProvisionsPermits the cost of delivery to be included in the fee charged by a condominium or planned community HOA for documents related to the transfer or use of the property. (Sec. 1, 2)Makes technical changes. (Sec. 1, 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA.R.S. §§ 33-1260 & 33-1806 permit a condominium or planned community HOA to charge up to $400 to cover costs for the preparation of a statement or other documents relating to the resale of the property. These documents include a copy of the declaration, the bylaws of the association and a statement of total money held by the community or planned HOA. The condominium or planned community HOA may charge a rush fee and fee for updated statements or other documents. The HOA and condominium association can charge the same fee without regard to whether the association is furnishing the statement or other documents in paper or electronic format.center-51852300ARIZONA HOUSE OF REPRESENTATIVESHB 2496: homeowners' associations; board duties; acknowledgmentPRIME SPONSOR: Representative Leach, LD 11BILL STATUS: Caucus and COWLIA: DPA (7-0-0-0)32575501524000Legend:HOA – Homeowners' associationAmendments – BOLD and Stricken (Committee)00Legend:HOA – Homeowners' associationAmendments – BOLD and Stricken (Committee)AbstractRelating to HOA board members acknowledgment of community policies and documents. ProvisionsRequires members of a condominium or a planned community HOA board of directors to certify in writing within 30 days of election that they:Have read the community or condominium documents, any current policies AND ANY APPLICABLE STATUTE;Will work to uphold those documents and policies;Will upkeep their fiduciary responsibility to DUTIES IN GOOD FAITH, AS AN ORDINARILY PRUDENT PERSON WOULD EXERCISE UNDER SIMILAR CIRCUMSTANCES, AND IN THE BEST INTEREST OF THE ASSOCIATION.(Sec. 1, 2)Requires the certified writing to include a signed statement by the board member. (Sec. 1, 2)Makes technical and conforming changes. (Sec. 1, 2)Current LawCondominium owners must elect a board of directors comprised of at least three members, a majority of which must be unit owners. The board of directors must elect the officers of the board. The board members and officers must take office upon election (A.R.S. § 33-1243). The board of directors of a condominium HOA has the power to amend bylaws and rules, regulate common elements among other duties. (A.R.S. § 33-1242).A planned community HOA can elect a board of directors, as prescribed in their articles of incorporation or bylaws by:Chapter or other organizational unit;Region or other geographic unit;Preferential voting; orAny other reasonable method (A.R.S. § 10-3726).9144007992745? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA planned community HOA board of directors can make amend bylaws, appoint officers as well as other duties (A.R.S. § 10-302). center-50165000ARIZONA HOUSE OF REPRESENTATIVESHB 2368: oxygenated fuel standards; formula.PRIME SPONSOR: Representative Mosley, LD 5BILL STATUS: Caucus and COWTI: DPA (8-0-0-0)right1524000Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)AbstractRelating to oxygenates in motor vehicle fuel. ProvisionsRemoves Iso-butanol from the list of oxygenates that cannot collectively contribute to more than 0.10% oxygen by weight in gasoline that is sold for fueling motor vehicles. (Sec. 1)ALLOWS A GASOLINE BLEND OTHER THAN A GASOLINE ETHANOL BLEND TO BE SOLD FOR MOTOR VEHICLE USE IN A COUNTY WITH A POPULATION OF 1.2 MILLION OR MORE AND ANY PORTION OF THE COUNTY CONTAINED IN AREA A, BETWEEN NOVEMBER 1 AND MARCH 31 OF EACH YEAR. (SEC. 2) (TI)Makes conforming changes. (Sec. 1)Current LawGasoline that is sold for fueling motor vehicles is restricted from collectively containing 10% oxygenby weight from all of the following oxygenates:a) Diisopropylether (DIPE);b) Ethyl tert-butylether (ETBE);c) Iso-butanol;d) Isopropanol;e) Methanol;f) N-butanol;g) N-propanol;h) Sec-butanol;i) Tert-amylmethylether (TAME);j) Tert-butanol; andk) Tert-pentanol (tert-amylalcohol) (A.R.S. § 3-3491)center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-52260500ARIZONA HOUSE OF REPRESENTATIVESHB 2379: towing; vehicle removal; abandoned vehiclesPRIME SPONSOR: Representative Campbell, LD 1BILL STATUS: Caucus and COWTI: DPA 8-0-0-0right1524000Legend:ADOT – Arizona Department of TransportationDirector – Director the Arizona Department of Transportation Amendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationDirector – Director the Arizona Department of Transportation Amendments – BOLD and Stricken (Committee)AbstractRelating to the transfer of ownership for towed vehicles.ProvisionsStipulates if ADOT or law enforcement requests the towing of a vehicle involved in a traffic accident the operator of the towing vehicle is not liable for any damage to personal property, unless the removal is done recklessly or in a negligent manner. (Sec. 1)Allows a towing company in possession of a vehicle to obtain ownership if both of the following apply:A person has not recover the vehicle 45 30 days after providing proof of ownership and financial responsibility A TOWING COMPANY PROVIDES ADOT WITH AUTHORIZATION FOR TRANSFER OF OWNERSHIP; and (TI)The vehicle is not part of a civil or criminal proceeding. (Sec. 2) Requires the certified statement in a transfer of ownership application to include proof that no person has taken financial responsibility for the release of the vehicle. (Sec. 2)Requires a person to prove ownership of a vehicle by submitting:A valid certificate of title OR REGISTRATION indicating ownership or lien interest; or (TI)Documentation from a licensed motor vehicle dealer or financial institution indicating ownership or lien interest with one of the following:Legal documentation issued indicating an operation of law lien on the vehicle;A court-ordered judgement, divorce decree or restitution lien; orA current photo identification. (Sec. 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteADOT is allowed to assist in the removal of all incapacitated vehicles on the state's highway system as long as the vehicle is not part of a traffic accident where a serious physical injury or death has occurred (A.R.S. § 28-674). If a vehicle remains unclaimed after ADOT has published a notice on the vehicle the Director must make an inquiry to determine if the vehicle is stolen. On receiving notice that the vehicle is not stolen the Director may transfer ownership to the person in possession of the vehicle. An application for transfer of ownership must have a certified statement that includes that no one has presented proof of ownership and entered into an agreement for the release or return of the vehicle (A.R.S. § 28-4842).center-47498000ARIZONA HOUSE OF REPRESENTATIVESHB2399: waste tires; definitionsPRIME SPONSOR: Representative Campbell, LD 1BILL STATUS: Caucus & COWTI: DPA 8-0-0-0 right1524000Legend:ADEQ– Arizona Department of Environmental QualityAmendments – BOLD and Stricken (Committee)00Legend:ADEQ– Arizona Department of Environmental QualityAmendments – BOLD and Stricken (Committee)AbstractRelating to waste tire definitions.ProvisionsExpands the definition of waste tire to include age, repair and manufacturer's recall. (TI) (Sec.1)Defines age, repair and wear. wear means the reduction of the major groove to a tread depth of 2/32 of one inch. (TI) (Sec. 1) Makes conforming changes. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteWaste tire is defined as as a motor vehicle tire that is no longer suitable for its original intended purpose because of wear, damage or defect (A.R.S. 44-1301). ADEQ is responsible for making rules pertaining to waste tire disposal, collection sites and granting permits (A.R.S. 44-1304). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESHB 2408: disability parking; wheelchair usersPRIME SPONSOR: Representative Stringer, LD 1BILL STATUS: Caucus and COWTI: DP 7-1-0-0right1524000Legend:ADOT – Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)AbstractRelating to disability parking for wheelchair users. ProvisionsRequires a handicap parking space that is van accessible with at least eight-foot aisles to have a permanent sign that states "wheelchair only". (Sec. 1)Allows a person who has been issued a valid placard or international symbol of access special plate that contains a symbol that demonstrates a disability requiring a wheelchair to park in any handicap parking space. (Sec. 2) Prohibits a person who has been issued a valid handicap placard or special plate that does not contain a symbol of disability requiring a wheelchair from parking in a space designated for persons with a disability requiring a wheelchair. (Sec. 2)Requires the application for an issuance or renewal of a permanent or temporary handicap parking placard or special plate include whether or not the person requires a wheelchair. (Sec. 3)Stipulates if a handicap special plate or placard is issued to a person who requires a wheelchair or to an organization that transports individuals that require a wheelchair, the special plate or placard contain a symbol that demonstrates a disability requiring a wheelchair. (Sec. 3)Makes technical and conforming changes. (Sec. 2,3)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteState agencies and political subdivisions have jurisdiction over street parking or publicly owned and operated parking facilities and are required to provide specially designated and marked motor vehicle parking spaces for exclusive use of persons with physical disabilities. Each parking space must be outlined with paint and posted with a permanent sign that bears the internationally accepted symbol of access (A.R.S. § 28-882). A person or organization must submit an application to ADOT to obtain a permanent or temporary handicap parking placard or special plate. The application must contain one of the following: 1) a medical certificate completed by a hospital administrator, physician or registered nurse; 2) a copy of a veteran's certificate of 100% disability issued by the United States Department of Veterans Affair; and 3) if an organization a signed statement by an authorized officer of the organization affirming that the vehicle is owned by the organization (A.R.S. § 28-2409).center-51308000ARIZONA HOUSE OF REPRESENTATIVESHB2461: toll roads; conversion; prohibition.PRIME SPONSOR: Representative Payne, LD 21BILL STATUS: Caucus & COWTI: DP 5-3-0-0right1523365Legend:ADOT– Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)00Legend:ADOT– Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)AbstractRelating to toll road conversion. ProvisionsProhibits a board of supervisors from granting an application if a proposed toll road will be converted from a publicly funded or maintained street or highway. (Sec. 1)Prohibits ADOT from entering into an agreement that allows the conversion of an existing publicly funded or maintained street or highway to a toll road. (Sec. 2)Makes technical and conforming changes. (Sec. 1,2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA highway commission is prohibited from filing for a toll road if the proposed toll road will interfere with a proposed or existing state or county highway. A franchise for a toll road may not be granted for a term longer than 10 years (A.R.S. 28-6803). center-53213000ARIZONA HOUSE OF REPRESENTATIVESHB 2483: motor vehicle dealers; title informationPRIME SPONSOR: Representative John, LD 14BILL STATUS: Caucus and COWright1524000Legend:ADOT – Arizona Department of TransportationDPS – Arizona Department of Public SafetyNMVTIS – National Motor Vehicle Title Information SystemDirector – Arizona Department of Transportation DirectorAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationDPS – Arizona Department of Public SafetyNMVTIS – National Motor Vehicle Title Information SystemDirector – Arizona Department of Transportation DirectorAmendments – BOLD and Stricken (Committee)TI: DPA (8-0-0-0)AbstractRelating to vehicle dealers and vehicle transfers.ProvisionsAllows ADOT, DPS and local authorities to enforce NMVTIS. (Sec. 1)(TI)Stipulates that notice of vehicle transfer requirements are met by the issuance or submittal in a manner prescribed by the Director of any of the following: A temporary registration permit issued by a licensed new or used motor vehicle dealer; A notice of transfer indicating the transfer of ownership from one owner to another; Any information that is prescribed by the Director and submitted in an electronic format; A notice of title transfer; orA sold notice. (Sec. 5)Requires wholesale motor vehicle auction dealers to provide notice of vehicle transfers, if ADOT implements an electronic system to submit notices and after 90 days of proving written notice of system implementation. (Sec. 5)Requires vehicle transfers to other manufacturers or dealers to be noticed with ADOT. (Sec. 5)Removes the requirement that notices of vehicle transfer be on an official form and allows notices to be electronic. (Sec. 5)Requires vehicle transfers to be noticed with ADOT within 15 days of the transfer. (Sec. 5)Directs notices of vehicle transfer to include the VIN and the make and model year of the vehicle rather than a description of the vehicle. (Sec.5)Eliminates the requirement for ADOT to adopt rules for the enforcement and administration of dealer owned vehicle plates. (Sec. 3)Makes conforming changes. (Sec. 2, 4, 6)Current LawA manufacturer, dealer, distributor, factory branch, distributor branch field representative or officer on transferring a motor vehicle to a person other than a manufacturer or dealer must immediately give written notice of the transfer to ADOT on an official form. The form is directed to contain the date of the transfer, the names and addresses of the transferor and transferee, and a description of the vehicle (A.R.S. § 28-4555). center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-54165500ARIZONA HOUSE OF REPRESENTATIVESHB 2512: warning devices; motor vehiclesPRIME SPONSOR: Representative John, LD 14BILL STATUS: Caucus and COWTI: DP (8-0-0-0)right1524000Legend:ADOT – Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationAmendments – BOLD and Stricken (Committee)AbstractRelating to motor vehicle warning devices. ProvisionsRemoves the condition for portable reflector units to be of a standard approved by ADOT when used to meet the requirement necessary to: Operate a motor trucks, passenger bus, truck tractor traveling on a highway outside city or town limits a half hour after sunset to a half hour before sunrise; andDisplay warning devices if a motor truck, passenger bus, truck tractor, trailer, semitrailer or pole trailer is disabled on a highway outside of city or town limits at a time lighted lamps are required. (Sec. 1, 2)Current LawA person may operate a motor truck, passenger bus or truck tractor on a highway outside the corporate limits of a city of town from a half hour after sunset to a half hour before sunrise if the vehicle carries three portable reflectors units on standards and of a type approved by ADOT (A.R.S. § 28-960). If a motor truck, passenger bus, truck tractor, trailer, semitrailer or pole trailer is disabled on a highway outside city limits during a time lighted lamps are required, a person may display three portable reflector units on standards approved by ADOT (A.R.S. § 28-961). 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 Notecenter-57023000ARIZONA HOUSE OF REPRESENTATIVESHJR2001: PhoenixGoodyear airport; reuse zone.PRIME SPONSOR: Representative Mitchell, LD 13BILL STATUS: Caucus & COWTI: DP 8-0-0-0right1523365Legend:MRZ- Military Reuse ZoneAmendments – BOLD and Stricken (Committee)00Legend:MRZ- Military Reuse ZoneAmendments – BOLD and Stricken (Committee)AbstractRelating to the Phoenix-Goodyear Airport. ProvisionsRenews the Phoenix-Goodyear Airport as a MRZ until December 3, 2027.Requires the Secretary of State to transmit copies of this resolution to the City of Phoenix and the City of Goodyear. Current LawThe Governor may designate a property as an MRZ after consulting with the Arizona Commerce Authority. Only properties that were used for operational and training purposes of the active uniformed services of the United States qualify for consideration as an MRZ. MRZ renewal terms are no longer than 10 years (A.R.S. 41-1531).Additional InformationJLBC has prepared a Fiscal Note for HJR 2001.center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Notecenter-41973500ARIZONA HOUSE OF REPRESENTATIVESHB 2280: department of revenue; electronic filingPRIME SPONSOR: Representative Shooter, LD 13BILL STATUS: Caucus and COWWM: DPA 8-0-0-1AbstractRelating to the electronic filing of taxes and tax returns. right1440180Legend:ADOA- Arizona Department of AdministrationADOR- Arizona Department of RevenueDirector- Director of the Department of RevenueIRS- Internal Revenue ServiceTPT- Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:ADOA- Arizona Department of AdministrationADOR- Arizona Department of RevenueDirector- Director of the Department of RevenueIRS- Internal Revenue ServiceTPT- Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)ProvisionsElectronic Payment and FilingRequires all taxes, except individual income tax, to be paid electronically if a taxpayer's liability is equal to or greater than:$20,000 for any taxable period ending before TY 2019; $10,000 for TY 2019;$5,000 for TY 2020; and $500 for TY 2021 and beyond. (Sec. 7) Requires electronic filing of TPT returns pursuant to the schedule above. (Sec. 15)Allows a taxpayer that is required to file and pay their liability electronically to apply for an annual waiver from the electronic filing requirement, which is renewable for one subsequent year, if the following apply:The taxpayer has no computer;The taxpayer has no internet access;The return cannot be electronically filed for reasons beyond the taxpayers control, including situations where ADOR requests a paper filing; andAny other circumstance considered legitimate by the Director. (Sec. 2, 15, 19) (WM)STATES THAT THE WAIVER IS NOT REQUIRED IF THE RETURN CANNOT BE ELECTRONICALLY FILED FOR REASONS BEYOND THE TAXPAYERS CONTROL, INCLUDING SITUATIONS WHERE ADOR REQUESTS A PAPER FILING. (Sec. 2, 15, 19) (WM)Requires an individual income tax preparer who prepares more than 10 income tax returns during any taxable year to file all tax returns electronically for that taxable year and each subsequent year. (Sec. 19) Prohibits an individual income tax preparer from charging a separate fee for filing a return electronically with ADOR. (Sec. 19)Requires annual fiduciary returns, partnership returns and corporate returns to be filed electronically for taxable years beginning TY 2020 or when ADOR establishes an electronic filing program, whichever is later. 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 NoteAllows the taxpayer to apply for an annual waiver from the electronic filing requirement as outlined in this ACT. (Sec. 19) Requires bingo licensees and beer and liquor licensee's to electronically file any financial report or tax return beginning on January 1, 2020 or when ADOR has established an electronic filing program, whichever is later. (Sec. 1, 11, 12, 13)Credit for First-Time Electronic Return FilingEstablishes a tax credit for a taxpayer who files an individual income tax return electronically for the first time:The amount of the credit is $25 or the amount of taxes otherwise due for the taxable year, whichever is less;The taxpayer must claim the credit on the return that is electronically filed; The credit is not eligible for taxpayers who file a return for free; andThe credit expires in the taxable year once ADOR notifies Legislative Council that 95% of individual taxpayers filed a return using ADOR's electronic filing program. (Sec. 20) (WM)Credit for Accounting and Reporting ExpensesExpands the Tax Credit for Accounting and Reporting Expenses, allowing a tax credit in the amount of 1.2% of the amount of tax due, not exceeding $12,000, for a taxpayer who files electronically through a program established by ADOR,Prohibits the tax credit for filing electronically if the taxpayer fails to file using ADOR's electronic filing program. (Sec. 16)State EmployeesRequires state employees to file their state individual tax returns and pay all income tax liability electronically, effective TY 2017. (Sec. 2)Allows a state employee to apply for an annual waiver from the electronic filing requirement as outlined in this Act. (Sec. 2)Asserts that a state employee who fails to file a state individual income tax return or files a false or fraudulent return may be subject to immediate dismissal. (Sec. 2)Allows ADOA and ADOR to adopt rules and procedures to conduct an annual individual income tax check for all state employees and applicants for employment. (Sec. 2)Allows ADOR to disclose the names of state employees or applicants for state employment who failed to file an individual income tax return to ADOA. (Sec. 8) PenaltiesStates that the penalty for a taxpayer who fails to file a return for TPT or local excise tax before the due date, without reasonable cause, is subject to a penalty equal to the greater of 4.5% or $25: The penalty is added to the tax each month or fraction of a month, depending on the elapsed time since the due date and actual filing of the return. (Sec. 4)States that the penalty for a taxpayer who fails to file a return on notice and demand without reasonable cause is 25% of the tax or $100, whichever is greater and the penalty is due and payable on notice and demand by ADOR. (Sec.4)Increases the penalty for a bad check from $25 to $50. (Sec. 5)Makes a first-time violation of tax fraud a Class 1 misdemeanor. Currently all tax fraud is considered a Class 5 Felony. (Sec. 6)Allows ADOR to revoke any TPT or municipal privilege tax license issued to any person who fails, for 13 consecutive months, to make and file a return before the due date without reasonable cause. (Sec. 14) AuditsStates that an adjustment due to the following is considered a non-audit adjustment:A mathematical error and failure by the taxpayer to properly compute the tax liability based on the taxable income reported on the return.An incorrect usage or selection of information for a filed return from documents provided by ADOR if the incorrect usage is apparent from other information provided on the return. An entry on a return that is inconsistent with other information filed with the return. An omission of information on a return that is needed to substantiate an entry. A claimed deduction or credit exceeds a statutory monetary limit, a percentage, a ratio or fraction where the items entered exceed the limit. This includes claiming a deduction or credit that is not authorized by statute for the taxable period.Missing or incorrect taxpayer identification numbers used for claiming personal exemptions, dependents or credits. An entry of a credit or deduction that requires a preapproval that has not been obtained or if the entry is for more than the preapproved amount. An entry of a credit or deduction amount carried forward from a prior year that is outside the allowed time period or is for an amount that is not consistent with the previous year returns. (Sec. 3)States that a letter requesting one or more of the following is not considered an audit or a review:The required filing of a tax return;A copy of the taxpayer's federal return;Required documents that were not included with the return;Clarification of information that was provided in the return;Documentation resolving an inconsistency in the return or a discrepancy between the return and other information that is received from a third party or that is already in the possession of ADOR; Information that was not in the return because a submitted form was incomplete; and Replacement of documents that were illegible. (Sec. 9) MiscellaneousRequires a distiller or manufacturer of distilled spirits to make invoices available to ADOR upon request. (Sec. 10)Removes the requirement for ADOR to compile and submit a property tax report consisting of processes and procedures used by each county to identify and reclassify rented class three property. (Sec. 17)Allows ADOR to distribute blank forms for returns only upon request. (Sec. 19)Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 18)Current LawA.R.S. § 42-1129 authorizes ADOR to establish, by rule, a requirement that a taxpayer with a tax liability exceeding $20,000 for any tax, except for individual income tax, pay their liability by electronic funds transfer. A tax return may be filed electronically and is considered to be received by ADOR on the date of the electronic postmark (A.R.S. § 42-1105.02). center-47452700ARIZONA HOUSE OF REPRESENTATIVESHB 2330: water augmentation systems; tax creditPRIME SPONSOR: Representative Campbell, LD 1BILL STATUS: Caucus and COWright1513840Legend:ADOR – Arizona Department of RevenueAmendments – BOLD and Stricken (Committee)00Legend:ADOR – Arizona Department of RevenueAmendments – BOLD and Stricken (Committee)WM: DP (8-0-0-1)AbstractRelating to water augmentation tax credit.ProvisionsEstablishes a tax credit, effective through TY 2025, for the installation of a residential water augmentation system for each resident that is not a dependent of another taxpayer. (Sec. 2)Sets the credit amount at 25% of the cost of the system, not exceeding $1,000.Each residence may only claim one credit for the taxable year.Limits married couples who file separately to claim half of the credit each. (Sec. 2)Stipulates that the water augmentation system must be at least one of the following:A system or a series of components or mechanisms that is designed to provide for the collection of rainwater on residential property; orA residential graywater system that is installed on residential property and uses an on-site waste water collection system. (Sec. 2)Excludes water augmentation systems that were installed by the homebuilder, before the ownership by the taxpayer, from eligibility. (Sec. 2)Allows the credit to be carried forward for up to five years. (Sec. 2)Requires ADOR to receive and evaluate credit applications, which must include:the applicant's name, address and social security or federal employer identification number;the cost of the water augmentation system and the amount of credit being claimed; andadditional information that ADOR may require. (Sec. 2)Limits the total amount of authorized tax credits to $250,000 for any calendar year. If the amount of applications exceeds $250,000, ADOR will authorize the credits in the order they were received.If an authorized application was received that would require ADOR to exceed $250,000, the applicant will receive the remaining amount that would not exceed the limit. (Sec. 2)Permits ADOR to verify the installation of the water augmentation system. (Sec. 2)Adds this tax credit to the Joint Legislative Income Tax Credit Review schedule. (Sec. 1)Contains a Purpose Clause. (Sec. 3)Contains an effective date of January 1, 2018. (Sec. 4)Additional InformationA tax credit is a dollar-for-dollar reduction in a taxpayer’s income tax liability.? Tax credits are often offered to incentivize some type of action from a taxpayer, such as creating new jobs, investing in right-217715? 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 Noteenvironmentally friendly technology or any other action deemed beneficial to the economy.center-18006800ARIZONA HOUSE OF REPRESENTATIVESHB 2422: annual report; corporate tax creditsPRIME SPONSOR: Representative Mitchell, LD 13BILL STATUS: Caucus and COWright1469390Legend:ADOR – Arizona Department of RevenueAmendments – BOLD and Stricken (Committee)00Legend:ADOR – Arizona Department of RevenueAmendments – BOLD and Stricken (Committee)WM: DP (9-0-0-0)AbstractRelating to corporate tax credit annual reports.ProvisionsRequires ADOR, beginning in 2018, to annually report specified information for any corporation that claims or carries forward more than $5,000 under an income tax credit that was established after December 31, 2016. (Sec. 1)Specifies the annual report for each tax credit must include:the total amount of each corporate tax credit claimed and carried forward in the prior taxable year by all taxpaying corporations; andthe name of each corporation, the amount of each credit claimed and the amount of each credit carried forward by the corporation. (Sec. 1)Stipulates that ADOR must send a copy of the report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairpersons of the Senate Finance Committee and the House of Representatives Ways and Means Committee and the Secretary of State. (Sec. 1)Allows ADOR to disclose the annual report of corporate income tax credits. (Sec. 2)Makes a conforming change. (Sec. 2)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteNot currently addressed in statute. center-42118700ARIZONA HOUSE OF REPRESENTATIVESHB 2433: income tax subtraction; veterans' pensionsPRIME SPONSOR: Representative Clodfelter, LD 10BILL STATUS: Caucus and COWWM: DP (8-0-0-1)AbstractRelating to individual income tax deductions for veterans' pensions.ProvisionsIncreases the maximum allowable income tax deduction for veterans' retirement pay from $2,500 to:$5,000 for benefits, annuities and pensions received during the taxable year by the taxpayer as retired or retainer pay of the USUS; and the full amount of benefits, annuities, and pensions received during the taxable year by the taxpayer as retired or retainer pay of the USUS by a veteran, including an activated reservist or member of the National Guard, who served in a combat zone during a period of war or against a hostile force and was not dishonorably discharged. Requires the Arizona Department of Veterans' Service, the United States Department of Veterans Affairs or the United States Department of Defense to verify veteran status, the period of active duty or the conditions of discharge. (Sec. 1)Makes a conforming change. (Sec. 1)Contains a retroactive date of January 1, 2017. (Sec. 2)Current LawA.R.S. § 43-1001 states that Arizona Gross Income is equal to the Federal Adjusted Gross Income for the taxable year and Arizona Adjusted Gross Income is an individual's Arizona Gross Income modified by any statutory additions or subtractions.center7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteBenefits, annuities and pensions for retired or retainer pay of the USUS can be subtracted from Arizona Gross Income, limited to $2,500 (A.R.S. § 43-1022).JLBC has prepared a Fiscal Note for HB 2433.right1512570Legend:USUS – Uniformed Services of the United StatesAmendments – BOLD and Stricken (Committee)00Legend:USUS – Uniformed Services of the United StatesAmendments – BOLD and Stricken (Committee)center-46472900ARIZONA HOUSE OF REPRESENTATIVESHB 2452: bonding; amortized premium; segregated fundPRIME SPONSOR: Representative Norgaard, LD 18BILL STATUS: Caucus and COW32575501524000Legend:GO- general obligationAmendments – BOLD and Stricken (Committee)00Legend:GO- general obligationAmendments – BOLD and Stricken (Committee)WM: DP (8-0-0-1)AbstractRelating to general obligation bond premium.ProvisionsRequires net premium associated with a GO bond, used for voter-approved projects, to be amortized for all debt limitation purposes on a pro rata basis each year by multiplying the net premium used by the percentage of total principal amount that matures in that year. (Sec. 3,4,6,7)Clarifies that all GO bonds are secured by a lien on all tax revenues.Specifies that the lien arises automatically without the need for action or authorization by the governing body and is valid from the time the bond is issued.Specifies that the lien is enforceable against the political subdivision, its successors, transferees, creditors and all other parties asserting rights in the revenues, regardless of whether the parties were given notice of the lien. (Sec. 8,11,12)Specifies that all obligations of a political subdivision to levy a tax for refunded bond payments are terminated upon payment of the refunded bond amount by funds and securities held in trust. (Sec. 7)Requires all secondary taxes levied for debt service on a bond to be considered special revenues of the governing body and to be kept in a special, segregated fund.Prohibits these monies from being used for any other purpose. (Sec. 9,10,11,12)Makes technical and conforming changes. (Sec. 1,2,3,4,5,8,10,11,13)Current LawNet premium refers to the value of a bond that is greater than the bond's par value. Under current Arizona law, net premium of a GO bond may be used for any of the following:To pay costs incurred in issuing the bonds;As a deposit in a debt service fund to pay interest on the bonds; orFor any purpose if:use of the premium was approved by the voters; available debt capacity exists; and the net premium will reduce the available aggregate debt capacity and the principal amount authorized by the voters (A.R.S. §§ 15-1024 & 35-457).Additional Informationleft8022590? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteA bond is a debt security that borrowers issue to raise money from investors willing to lend them money for a certain amount of time. A purchaser of a bond is essentially providing a loan to the issuer, which may be a government, municipality or corporation. In return, the issuer is required to pay a specified rate of interest during the life of the bond and to repay the principal when it matures or comes due after a set period of time (U.S. Securities and Exchange Commission). 2373086-46627100ARIZONA HOUSE OF REPRESENTATIVESHB 2492: jobs; incentives; credits; grantsPRIME SPONSOR: Representative Weninger, LD 1732004001453515Legend:ACA – Arizona Commerce AuthorityADOR – Arizona Department of RevenueFund – Job Creation FundR&D – Research and DevelopmentTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:ACA – Arizona Commerce AuthorityADOR – Arizona Department of RevenueFund – Job Creation FundR&D – Research and DevelopmentTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)BILL STATUS: Caucus and COWWM: DPA (5-4-0-0)AbstractRelating to tax credits, exemptions and grants for R&D and job creation.ProvisionsR&D Tax Credit (Sec. 1,4,10,11)Allows a taxpayer to forego R&D credit carry forward and instead convert a portion of the unused balance of the credit to:offset their TPT liability for enhancement projects in the state; orreceive reimbursements for infrastructure improvements and other capital expenditures associated with enhancement projects.Limits the amount that may be converted to 50% of the tax credit amount requested.The remaining 50% of the unused credit is waived upon approval of the conversion.Stipulates that a taxpayer must employ 2,000 employees in Arizona to be eligible for the conversion.Continues the current R&D tax credit amount in TY 2018 and beyond.The current rates are set to decrease in TY 2018.Directs the ACA to receive and evaluate applications for R&D credit conversion.Prohibits the conversion of expired tax credits and conversion of more than $2,500,000 each year per applicant.Specifies that the oldest unused credit carry forward is to be used first.Prescribes format requirements for the ACA conversion application.Requires the applicant to pay a nonrefundable processing fee along with the application, in an amount to be determined by the ACA. (WM)Directs the ACA to process and evaluate each application and within 30 days, notify the applicant of:approval for conversion and respective issuance of a conversion certificate; orThe applicant must present the certificate to ADOR for conversion of the full amount as a lump sum.failure to qualify, along with specific reasons for failure.Clarifies that failure to qualify doesn't preclude a subsequent application.Caps the aggregate amount of credit that may be converted each FY at $10,000,000.9334507992110? 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 NoteConversions are granted on a first-come, first-served basis in order of application date.If unused balance remains below the cap at the end of the year, the balance rolls over to add to the conversion cap in the following year.Job Creation Fund Grants (Sec. 1,9)Allows an Arizona basic enterprise to qualify for a grant from the Fund, not exceeding 3.5% of the applicant's qualifying payroll in the calendar year the grant was made.Specifies that any monies awarded from the Fund are at the discretion of the Chief Executive Officer. (WM)Limits the total number of grants that may be awarded to the available balance in the Fund.Requires applicants to file an application with the ACA and prescribes format requirements for the application form.Specifies the following eligibility criteria for a grant:The applicant must add at least 50 qualified full-time jobs within 36 months after the date of application submittal.The applicant must qualify as an Arizona basic enterprise. Directs the ACA, upon receiving a completed application, to:deny the grant if the applicant doesn't meet eligibility requirements; orif approved, collect a nonrefundable processing fee to be determined by the ACA and issue a certification letter stating that the applicant is preapproved for participation in a job creation payroll refund. (WM)Stipulates that it is the Legislature's intent that the collected fee be no more than 2% of the highest possible amount of incentive that a business may qualify for. (WM)Stipulates that, upon satisfaction of eligibility requirements, the applicant must file a request for postapproval, including documentation to validate the satisfaction of the minimum requirements.Allows a business that receives postapproval to claim a grant for 10 calendar years, starting with the year the postapproval was issued.Prohibits the business from receiving a grant in any year that the business fails to maintain minimum eligibility requirements. However, this doesn’t preclude the business from receiving monies in future years when the eligibility requirements are met.Stipulates that any period of two consecutive years of ineligibility automatically disqualifies the business from receiving grants, but does not prevent the business from reapplying in the future.Describes the grant calculation schedule for each business over the 10 years of the grant.Directs each business to report and certify specified employment and payroll information to the ACA between January 2nd and February 15th of the year immediately following each year any grant money is claimed.Requires each business to include, with the information required above, a sworn statement or certification, signed by an officer of the business, under penalty of perjury attesting the information reported is true and correct.If any information of the information provided is materially false, the business is ineligible for grant monies and is subject to recovery of grant monies awarded in the preceding year.Requires the ACA, upon verification of all reported information from a business, to issue:a letter to the business stating the amount of award monies to be granted for the year; andpayment of the award monies to the business.Authorizes the ACA to make site visits to a business to further document and clarify reported information.Directs the ACA to prescribe any additional necessary reporting requirements by rule.Establishes the Fund, consisting of withholding tax revenues allocated from the Job Creation Withholdings Clearing Account, gifts, grants, donations and any other amounts dedicated to the Fund by law.Requires the Chief Executive Officer of the ACA to administer the Fund.Allows monies credited to the Fund to be deposited in the state Treasury or in a bank or other depository.Requires, upon notice from the Chief Executive Officer, the state Treasurer to invest and divest monies in the Fund as provided by statute. Monies earned from investment are credited to the Fund.Exempts the Fund from laws relating to the lapsing of appropriations. (WM)Requires the Job Creation Withholdings Clearing Account to hold $24,500,000 for each FY after FY 2017.Requires the state Treasurer to deposit $3,000,000 each year from the Job Creation Withholdings Clearing Account to the Fund.TPT/Use Tax/Municipal Tax Exemption (5,6,7)Exempts 45% of the gross proceeds of sales or gross income derived from the sale of supplies used directly in manufacturing, processing or fabricating operations or in a clean room environment from TPT, use tax and municipal tax.Defines supplies as tangible personal property, other than machinery or equipment, that meets one of the following conditions:Is attached to machinery or equipment and requires regular replacement due to consumption or deterioration;Is used in conjunction with machinery or equipment and is specially designed for use in manufacturing specific products or in processing or fabricating operations and may be used interchangeably and intermittently on a particular machine or piece of equipment. This does not include hand tools;Comes into physical contact with other tangible personal property used in manufacturing, processing or fabricating and is used to assist with or maintain necessary conditions, including cutting fluids, oils, coolants, lubricants and other similar items; orIs used solely to maintain the integrity of the product or to maintain unique environmental conditions. This excludes property used for worker comfort or safety.Specifies that this exemption expires on January 1 of the year following the calendar year in which the aggregate amount exempted by all taxpayers throughout the year exceeds $6,000,000.Accelerated Depreciation (Sec. 8)Allows for accelerated depreciation of class six personal property, classified during or after TY 2018, that was acquired during or after TY 2017.Quality Jobs Tax Credit (Sec. 2) (WM)Continues the Quality Jobs Tax Credit indefinitely. Modifies requirements for eligibility as follows:Minimum Capital InvestmentMinimum Number of New JobsPercent of County Median WageUrban Location$5,000,00025100%$2,500,00025125%$1,000,00025150%$500,00025200%Rural Location$1,000,0005100%$500,0005125%$100,0005150%MiscellaneousDefines terms. (Sec. 1,5,6,7)Contains an effective date of January 1, 2018. (Sec. 12)Makes enactment of TPT and use tax provisions conditional upon the enactment of SB 1010. (Sec. 13)Makes technical and conforming changes. (Sec. 2,4,5,6,8,10,11) (WM)Current LawThe R&D Tax Credit Program provides a corporate or individual income tax credit for qualified research expenses. The credit is based on the amount of the taxpayer’s qualifying research expenses in Arizona and is directly tied to the federal credits for the purpose of determining qualified R&D expenses under the credit provisions. For TY 2011 through TY 2017, the credit is equal to 24% of the first $2.5 million in qualifying expenses, plus 15% of the amount exceeding $2.5 million. In TY 2018 and beyond the credit is equal to 20% of the first $2.5 million in qualifying expenses, plus 11% of the amount exceeding $2.5 million. Additional credit is available if a taxpayer makes basic research payments during the TY to a state university. The tax credit is nonrefundable, but a qualifying taxpayer that employs less than 150 full-time employees worldwide may submit an application for a refund to the Arizona Commerce Authority (A.R.S. §§ 41-1507, 43-1074.01 & 43-1168). Laws 2011, Second Special Session, Chapter 1 established the Quality Jobs Tax Credit, providing a tax credit to employers that make a minimum capital investment and create a minimum number of new qualified jobs in the state. Qualified taxpayers receive a tax credit of $3,000 annually for the first three years of a new employee’s time of employment. The credit may be taken as an insurance premium tax credit, or individual or corporate income tax credit (A.R.S. §§ 20-224.03, 41-1525, 43-1074 & 43-1161).Additional InformationTPT is imposed on a vendor for the privilege of conducting business in Arizona. Under this tax, the seller is responsible for remitting to the state the entire amount of tax due based on the gross proceeds or gross income of the business. While the tax is commonly passed on to the consumer at the point of sale, it is ultimately the seller’s responsibility to remit the tax.Use tax is assessed on items purchased in other states and brought into Arizona for storage, use, or consumption and for which no tax or a tax at a lesser rate has been paid in another state.? Use tax is imposed on all transactions in which TPT was not.center-46409400ARIZONA HOUSE OF REPRESENTATIVESHB 2495: consolidated election dates; tax authorizationPRIME SPONSOR: Representative Payne, LD 21BILL STATUS: Caucus and COWright1490980Legend:TPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:TPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)WM: DP (6-3-0-0)AbstractRelating to TPT authorization election date.ProvisionsRequires an election for the approval or authorization of a TPT assessment by a county, city or town to be held on the first Tuesday after the first Monday in November in even-numbered years. (Sec. 1)Makes a technical change. (Sec. 1)Current Lawcenter7982585? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteIn order to increase voter participation and decrease the costs to the taxpayers, the Legislature considers it a matter of statewide concern that all elections be conducted on a limited amount of days. Non-candidate elections take place on the first Tuesday after the first Monday in November in even-numbered years (A.R.S. § 16-204).center-46472900ARIZONA HOUSE OF REPRESENTATIVESHB 2521: TPT reform; contractorsPRIME SPONSOR: Representative Cobb, LD 5BILL STATUS: Caucus and COWWM: DPA (5-3-0-1)right1490980Legend:ADOR – Arizona Department of RevenueTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)00Legend:ADOR – Arizona Department of RevenueTPT – Transaction Privilege TaxAmendments – BOLD and Stricken (Committee)AbstractRelating to the prime contracting TPT classification.ProvisionsPrime Contracting Classification (WM)Repeals the prime contracting classification of TPT. (Sec. 14) REESTABLISHES THE PRIME CONTRACTING TPT CLASSIFICATION.EXCLUDES BOTH OF THE FOLLOWING FROM THE CLASSIFICATION:HIGHWAY, STREET, AND BRIDGE CONSTRUCTION, ALTERATION OR REPAIR.SUBCONTRACTORS WORKING UNDER THE CONTROL OF A PRIME CONTRACTOR.PRESCRIBES THE TAX BASE FOR THE CLASSIFICATION AS 65% OF THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED FROM BUSINESS.ESTABLISHES A 1% TAX IMPOSED ON THE BUSINESS OF PRIME CONTRACTING.Highway, Street and Bridge Classification (Sec. 15)Establishes the highway, street and bridge TPT Classification, comprised of the business of construction, alteration or repair of highways, streets and bridges that primarily involve surface or subsurface improvements to land, even if a contract incidentally includes vertical improvements.Establishes the tax base for the classification as 65% of the gross proceeds of sales or gross income derived from business.Provides deductions from the tax base for income derived from:contracts in an active military reuse zone;separate contracts written for design phase services or professional services; and actual costs of providing architectural or engineering services.Exempts subcontractors who perform services with respect to the construction, alteration or repair of a highway, street or bridge from tax under this classification if it can be demonstrated that the job was within the control of a contractor liable for the tax on the gross proceeds of sales or gross income attributable to the job for the which the subcontractor was paid.Excludes amounts received by a contractor from taxation under this classification if the person who hired the contractor provides a certificate to the contractor stating that the person is a prime contractor conducting business under this classification and is liable for the tax.Requires ADOR to collect the certificate, unless there is reason to believe that the information on the certificate is erroneous or incomplete.If the person who provides the certificate is deemed to be not liable for the tax, that person is still deemed to be the prime contractor instead of the contractor and is therefore liable for the tax. left8031480? 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 counties, municipalities and state agencies to include, in the request for proposals, a notice to bidders when the project is subject to taxation under this classification.Excludes contracts with community college districts, school districts and special taxing districts from this requirement.Manufactured Building Dealer Classification (Sec. 16)Establishes the manufactured building dealer TPT classification, comprised of the business of selling manufactured buildings.Excludes sales for resale to another manufactured building dealer and the sale of a used manufactured building from TPT.Establishes the tax base for the classification as 65% of the gross proceeds of sales or gross income derived from business.Provides deductions from the tax base for the sales price of:land, which may not exceed the fair market value; andfurniture, furnishings, fixtures, appliances and attachments that are not incorporated as component parts a manufactured building or the setup site.Clarifies that the sale of these items may be subject to taxation separately and distinctly from the sale of the manufactured building.Requires each person engaged in the business of manufactured building dealing to present a written receipt of the gross income or gross proceeds of sales to the purchaser and to separately state the taxes paid under this classification.Establishes guidelines for determining taxable situs of the tax imposed under this classification.Municipal Revenue Sharing Pool (Sec. 20)Requires ADOR, beginning January 1, 2018, to establish and maintain a municipal revenue sharing pool, consisting of a portion of municipal TPT revenues from the business of retail.Specifies that monies to be deposited in the pool each month are to be determined as follows:In CY 2018, 4% of municipal TPT revenues are deposited each month.ADOR must determine the most recently reported amount of construction as a percentage of Arizona gross domestic product, by the U.S. Department of Labor, on January 1, 2018 and July 1, 2018 and semiannually each following year.ADOR, beginning in TY 2019 and beyond, must adjust the monthly percentage amount deposited in the pool to the average of the two reported percentages of construction activity in the year prior.Directs each municipality to, monthly, report the value of building permits issued and cancelled by the municipality in the preceding month.Requires ADOR to compile the net value of the building permits for each municipality, averaged over the preceding 36 months and to then allocate the monies in the pool accordingly to each municipality in proportion to each municipality's 36-month average net value of building permits.Retail TPT and Use Tax Exemptions (Sec. 13,18)Exempts, from TPT and use tax, the sale of tangible personal property that is: incorporated into a highway, street or bridge construction project or into a manufactured building.installed as part of site preparation, constructing, furnishing, or installing machinery, equipment or other tangible personal property, including structures necessary for support or specified safety functions.This does not include asbestos removal or the construction or use of ancillary structures.sold to a qualified business to be incorporated or fabricated into a building, project, development or improvement owned by the qualified business for harvesting or processing qualifying forest products. (WM)Specifies that machinery and equipment or tangible personal property used by a contractor in the performance of a contract is not exempt from use tax. (WM)Stipulates that the sale of tangible personal property to a contractor is taxable under the retail classification of TPT or is subject to use tax, unless the contractor provides a certificate signed by the owner of the property being improved stating that the purchased property will be used for an authorized purpose.Specifies that a contractor that also engages in the sale of personal property at retail, that removes tangible personal property from retail stock for use in contracting is subject to use tax on the purchase price of that property.Municipal Tax Exemption (Sec. 21)Exempts the sale of tangible personal property to a person engaged in business under the highway, street and bridge construction TPT classification, or a subcontractor working under that person, from municipal TPT or a similar tax.Prohibits a municipality from levying a tax on the gross proceeds of sales or gross income derived from a person engaged in business under the highway, street and bridge construction TPT classification, or a subcontractor working under that person.Specifies that if a city imposes a tax on contracts that are subject to procurement processes relating to highway, street or bridge construction, the municipality must include projects that are subject to taxation in a notice to bidders.Contracts Created Before 2018 (Sec. 27)Exempts contracts entered into before January 1, 2018 under the prime contracting classification from the provisions of this Act.Exempts tangible personal property purchased by a contractor for a contract entered into before January 1, 2018 from retail TPT.Stipulates that tangible personal property purchased by a contractor before January 1, 2018 that was not incorporated into the project prior to January 1, 2018 is subject to use tax.Clarifies that the provisions of this Act apply to any contract entered into or a written bid made by a highway, street or bridge construction contractor entered into after December 31, 2017.Requires contractors to maintain and provide to ADOR, upon request, documentation regarding payments received from contracts subject to taxation for the purposes of determining the correct method of taxation.MiscellaneousExempts ADOR from rulemaking requirements for the purposes of this Act through December 31, 2017. (Sec. 26)Defines terms. (Sec. 4,15,16,18)Makes enactment of specified sections conditional upon enactment of SB 1010. (Sec. 29)Contains a Proposition 105 clause for specified sections of the bill. (Sec. 30) (WM)Contains an effective date of January 1, 2018, unless otherwise stated above.Before January 1, 2018, in order to prepare for payments of monies from the municipal revenue sharing pool, ADOR must compile and compute the net value of building permits from each city and town for each month from January 2015 through December 2017.Makes technical, conforming and clarifying changes, including removal of language no longer applicable. (All sec. except 14,15,20,26-30) (WM)Current LawTPT is imposed on a vendor for the privilege of conducting business in Arizona. Under this tax, the seller is responsible for remitting to the state the entire amount of tax due based on the gross proceeds or gross income of the business. While the tax is commonly passed on to the consumer at the point of sale, it is ultimately the seller’s responsibility to remit the tax. Business activities subject to TPT include, but are not limited to: retail, restaurants and bars, hotel/motel, commercial leasing, advertising, amusements, personal property rentals, real property rentals, construction/contracting,?owners/builders, manufactured building, mining, timbering, transportation, printing, publishing, utilities, communications, air/railroad, and private cars/pipelines. The current Arizona TPT rate is 5.6%. DOR collects TPT and administers distribution to the state General Fund and counties, cities and towns.A.R.S. § 42-5075 establishes the?prime?contracting?classification of TPT, comprised of business engaged in?prime?contracting?and the dealership of manufactured buildings. The TPT base for?prime?contracting?is 65% of the gross sale proceeds or gross income derived from the business.center-47479800ARIZONA HOUSE OF REPRESENTATIVESHB 2528: index exemptions; unused tax creditsright1523365Legend:ADOR – Arizona Department of RevenueJLBC – Joint Legislative Budget Committee OSPB – Governor's Office of Strategic Planning & BudgetingAmendments – BOLD and Stricken (Committee)00Legend:ADOR – Arizona Department of RevenueJLBC – Joint Legislative Budget Committee OSPB – Governor's Office of Strategic Planning & BudgetingAmendments – BOLD and Stricken (Committee)PRIME SPONSOR: Representative Mesnard, LD 17BILL STATUS: Caucus and COWWM: DP (9-0-0-0)AbstractRelating to seldom or unused tax credits and the personal exemption.ProvisionsRepeals each of the following tax credits:Environmental Technology Facility (Sec. 13,19)Healthy Forest Enterprise & Ecological Restoration Workforce Training (Sec. 13,17)Military Reuse Zone (Sec. 2,13,19)Premium Credit for Domestic Stock Life or Disability Insurer (Sec. 1)Renewable Energy Industry (Sec. 13,17)Solar Hot Water Heater Plumbing Stub Outs & Electric Vehicle Recharge Outlets (Sec. 15,19)Solar Liquid Fuel Research & Development (Sec. 15,17)Repeals the Environmental Technology Assistance Program under the Arizona Commerce Authority. (Sec. 5)The program has been prohibited from certifying incentives since July 1, 1996.Requires the Director of ADOR, if any tax credit is unclaimed for two consecutive years, to immediately:terminate the recognition and servicing of the credit;remove any tax forms relating to the credit from future income tax returns;issue a public announcement, including on ADOR's website, of the credit's termination;notify OSPB, the President of the Senate, the Speaker of the House of Representatives, JLBC and Legislative Council; andinclude the repeal of all credit-related statutes in technical tax correction legislation in the following Legislative Session.If the Legislature fails to enact the legislation, the Director must rescind the termination of the credit. (Sec. 9)Repeals the portion of the Renewable Energy Investment & Production for Self-Consumption Tax Credit that allows a credit against investments in renewable energy for use in a manufacturing facility. (Sec. 14, 18)The credit can still be claimed for investment in renewable energy for use in an international operations center.Directs ADOR, each year beginning TY 2017, to adjust the personal exemption according to the Metropolitan Phoenix Consumer Price Index. (Sec. 12)Directs Legislative Council to prepare legislation conforming A.R.S. to the provisions of this Act in the 53rd Legislature, Second Regular Session. (Sec. 20) 9144008016875? 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. 1,3,4,6,7,8,10,11,12,14,16,18)Current LawA.R.S. § 43-1043 allows a personal exemption for income tax in the following amounts:$2,100 for a single individual;$4,200 for a head of household or married couple; and$6,300 for a married couple that claim at least one dependent.Additional InformationEnvironmental Technology Facility Tax CreditThe Environmental Technology Facility Tax Credit is available to offset expenses incurred in constructing a qualified technology manufacturing, production or processing facility. The individual credit has been claimed by no more than two claimants in the last five years, while the corporate credit has been claimed by no more than five. Healthy Forest Enterprise & Ecological Restoration Workforce Training Tax CreditThe Healthy Forest Enterprise & Ecological Restoration Workforce Training Tax Credit is for new employment positions in businesses that enhance or sustain forest health, sustains or recovers watershed or improves public safety. As of TY 2016, the individual credit has never been claimed and the corporate credit has not been claimed since 2009.Military Reuse Zone Tax CreditThe Military Reuse Zone Tax Credit is for net increases in employment of full-time employees working in a military reuse zone, primarily engaged in aerospace services or in manufacturing or assembling aerospace products. The individual credit has been claimed by one claimant intermittently since 1996 and the corporate credit has been claimed by 7 taxpayers since 1993.Renewable Energy Industry Tax CreditThe Renewable Energy Industry Tax Credit is for investment and employment in expanding or locating renewable energy operations. As of TY 2016, the individual credit has never been claimed and data on the corporate credit is unavailable due to confidentiality laws.Renewable Energy Investment & Production for Self-Consumption Tax CreditThe Renewable Energy Investment & Production for Self-Consumption Tax Credit is available for investment in new renewable energy facilities that produce energy for self-consumption if the power will be used primarily for manufacturing or for an international operations center. As of TY 2016, ADOR has preapproved one claimant for this credit but have not yet received a return.Solar Hot Water Heater Plumbing Stub Outs & Electric Vehicle Recharge Outlets Tax CreditThis credit is available to offest expenses incurred in the installation of solar hot water plumbing stub outs and electrical vehicle recharge outlets. The individual credit was claimed by 12, 93 and 107 claimants in 2013, 2014 and 2015, respectively. The corporate credit has not been claimed since 2000.Solar Liquid Fuel Research & Development Tax CreditThe Solar Liquid Fuel Research & Development Tax Credit is for increased research activities related to solar liquid fuel. As of TY 2016, neither the individual credit nor the corporate credit have ever been claimed.All tax credit data provided in this summary is as cited in the 2016 Tax Credit Report of ADOR. ................
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