ARIZONA HOUSE OF REPRESENTATIVES



ARIZONA HOUSE OF REPRESENTATIVESFifty-third Legislature - Second Regular SessionMAJORITY CAUCUS CALENDAR #10March 20, 2018BLUE SHEET #2 (concur/refuse)Bill NumberShort TitleCommitteeDateActionCommittee on Banking and InsuranceChairman:John M. Allen, LD15Vice Chairman:Eddie Farnsworth, LD12Analyst:Paul BennyIntern:Lauren KinzleSB 1100workers' compensation; claim settlementSPONSOR:FANN, LD1SENATE2/20/2018(30-0-0-0)BI3/5DPA(7-1-0-0-0)(No: POWERS HANNLEY)SB 1101property tax appeals; court findings (BI S/E: captive insurers; licensing)SPONSOR:PETERSEN, LD12SENATE2/8/2018(18-12-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)BI3/12DPA/SE(5-3-0-0-0)(No: POWERS HANNLEY,SALMAN,BUTLER)SB 1111workers' compensation; opioids; dispensed medicationsSPONSOR:FANN, LD1SENATE2/27/2018(28-2-0-0)(No: PETERSEN,BARTO)BI3/12DP(7-1-0-0-0)(No: FARNSWORTH E)SB 1217insurance; small employers; continuation coverageSPONSOR:BROPHY MCGEE, LD28SENATE2/22/2018(30-0-0-0)BI3/12DP(7-1-0-0-0)(No: MOSLEY)SB 1381service contractsSPONSOR:PETERSEN, LD12SENATE2/26/2018(29-0-1-0)(NV: BURGES)BI3/12DP(5-3-0-0-0)(No: POWERS HANNLEY,SALMAN,BUTLER)Committee on CommerceChairman:Jeff Weninger, LD17Vice Chairman:Jill Norgaard, LD18Analyst:Diana ClayIntern:Josefina TorresSB 1117liquor establishments; peace officers; firearmsSPONSOR:KAVANAGH, LD23SENATE2/8/2018(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)COM3/13DP(6-3-0-0-0)(No: ESPINOZA,EPSTEIN,CH?VEZ)SB 1199drug testing; eye movement analysisSPONSOR:WORSLEY, LD25SENATE2/8/2018(30-0-0-0)COM3/13DP(9-0-0-0-0)SB 1264bank deposits; technical correction (Now: gift cards; dormancy fee; prohibition)SPONSOR:YARBROUGH, LD17SENATE2/26/2018(29-0-1-0)(NV: BURGES)COM3/13DPA(9-0-0-0-0)SB 1443certified public accountantsSPONSOR:YEE, LD20SENATE2/27/2018(30-0-0-0)COM3/13DP(9-0-0-0-0)SB 1499community facilities districts; directorsSPONSOR:SMITH, LD11SENATE2/22/2018(30-0-0-0)COM3/13DP(9-0-0-0-0)SB 1500employment security; employee; employer; statusSPONSOR:SMITH, LD11SENATE2/22/2018(19-11-0-0)(No: DALESSANDRO,OTONDO,PESHLAKAI,FARLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)COM3/6DP(4-3-0-2-0)(No: ESPINOZA,EPSTEIN,CH?VEZ; Abs: NORGAARD,SYMS)Committee on EducationChairman:Paul Boyer, LD20Vice Chairman:Douglas Coleman, LD16Analyst:Aaron WondersIntern:Ileen YounanSB 1291schools; pupil assessment dataSPONSOR:BROPHY MCGEE, LD28SENATE3/5/2018(29-0-1-0)(NV: BURGES)ED3/12DPA(9-0-0-1-0)(Abs: STRINGER)SB 1422universities; tuition and feesSPONSOR:GRIFFIN, LD14SENATE2/28/2018(30-0-0-0)ED3/12DP(8-0-1-1-0)(Abs: STRINGER; Present: BOLDING)Committee on Energy, Environment and Natural ResourcesChairman:Russell "Rusty" Bowers, LD25Vice Chairman:Brenda Barton, LD6Analyst:Sharon CarpenterIntern:Adrienne AustillSB 1253game and fish; licenses; fees.SPONSOR:GRIFFIN, LD14SENATE2/13/2018(27-2-1-0)(No: PETERSEN,FARNSWORTH D; NV: HOBBS)EENR3/13DP(8-0-0-2-0)(Abs: GONZALES,LEACH)SB 1508water; desalination action planSPONSOR:GRIFFIN, LD14SENATE2/22/2018(30-0-0-0)EENR3/13DP(9-0-0-1-0)(Abs: LEACH)SB 1510irrigation grandfathered right; containerized plantsSPONSOR:GRIFFIN, LD14SENATE2/22/2018(20-10-0-0)(No: DALESSANDRO,CAJERO BEDFORD,PESHLAKAI,FARLEY,BRADLEY,CONTRERAS,HOBBS,MENDEZ,QUEZADA,MEZA)EENR3/13DP(8-1-0-1-0)(No: GONZALES; Abs: LEACH)SB 1511Pinal AMA; groundwater; extinguishment creditsSPONSOR:GRIFFIN, LD14SENATE2/22/2018(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)EENR3/13DP(7-2-0-1-0)(No: GONZALES,DESCHEENIE; Abs: LEACH)SCR 1031water management; sources; policies; support (EENR S/E: support; water management policies)SPONSOR:GRIFFIN, LD14SENATE2/22/2018(30-0-0-0)EENR3/13DPA/SE(9-0-0-1-0)(Abs: LEACH)Committee on GovernmentChairman:Douglas Coleman, LD16Vice Chairman:Bob Thorpe, LD6Analyst:Michael HansIntern:Stiv FicoSB 1274public monies; recovery; illegal paymentsSPONSOR:PETERSEN, LD12SENATE2/21/2018(30-0-0-0)GOV3/15DPA(7-0-0-1-0)(Abs: JOHN)Committee on HealthChairman:Heather Carter, LD15Vice Chairman:Regina E. Cobb, LD5Analyst:Rick HazeltonIntern:Tyler StephensSB 1166permanent guardianship; subsidySPONSOR:BROPHY MCGEE, LD28SENATE2/27/2018(30-0-0-0)HEALTH3/15DP(8-0-0-1-0)(Abs: SYMS)SB 1380children; out-of-home placementSPONSOR:PETERSEN, LD12SENATE2/28/2018(30-0-0-0)HEALTH3/15DPA(8-0-0-1-0)(Abs: SYMS)SB 1397behavioral health; dependent children; reportsSPONSOR:BARTO, LD15SENATE2/27/2018(30-0-0-0)HEALTH3/15DP(8-0-0-1-0)(Abs: SYMS)SB 1473schools; civics literacy state seal (HEALTH S/E: kinship care; aggravated circumstances; dependency)SPONSOR:BARTO, LD15SENATE2/28/2018(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)HEALTH3/15DPA/SE(9-0-0-0-0)SB 1518department of child safety; reportsSPONSOR:BROPHY MCGEE, LD28SENATE2/27/2018(30-0-0-0)HEALTH3/15DP(8-0-0-1-0)(Abs: SYMS)Committee on Judiciary and Public SafetyChairman:Eddie Farnsworth, LD12Vice Chairman:Anthony T. Kern, LD20Analyst:Katy ProctorIntern:Samantha CoxSB 1071adoption; subsidy; review; nonrecurring expensesSPONSOR:BROPHY MCGEE, LD28SENATE2/8/2018(30-0-0-0)JPS2/28DP(9-0-0-0-0)APPROP3/14DP(8-0-0-5-0)(Abs: BOWERS,CARTER,LEACH,RIVERO,UGENTI-RITA)SB 1394DHS; reporting; abortionsSPONSOR:BARTO, LD15SENATE2/22/2018(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,BROPHY MCGEE,QUEZADA,MEZA)JPS3/14DPA(6-3-0-0-0)(No: GONZALES,HERNANDEZ,ENGEL)SB 1395temporary custody without court orderSPONSOR:BARTO, LD15SENATE3/1/2018(24-6-0-0)(No: ALLEN S,SMITH,PETERSEN,GRIFFIN,FARNSWORTH D,BURGES)JPS3/14DPA(8-1-0-0-0)(No: KERN)Committee on Land, Agriculture and Rural AffairsChairman:Brenda Barton, LD6Vice Chairman:Darin Mitchell, LD13Analyst:Sharon CarpenterIntern:Adrienne AustillSB 1379flood protection districts; divisions; electorsSPONSOR:PRATT, LD8SENATE2/21/2018(30-0-0-0)LARA3/15DPA(9-0-0-0-0)Committee on Local and International AffairsChairman:Tony Rivero, LD21Vice Chairman:Todd A. Clodfelter, LD10Analyst:Michael HansIntern:Stiv FicoSB 1201county treasurer; electronic records; liensSPONSOR:WORSLEY, LD25SENATE2/20/2018(30-0-0-0)LIA3/14DP(7-0-0-0-0)SB 1247health insurance; mandated provision prohibitedSPONSOR:BARTO, LD15SENATE2/5/2018(17-13-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,QUEZADA,MEZA)LIA3/14DP(4-3-0-0-0)(No: GABALD?N,BLANC,CH?VEZ)Committee on Military, Veterans and Regulatory AffairsChairman:Jay Lawrence, LD23Vice Chairman:Mark Finchem, LD11Analyst:Brittany GreenIntern:Amanda HigbySB 1431memorial; veterans; suicideSPONSOR:BARTO, LD15SENATE2/21/2018(30-0-0-0)MVRA3/5DP(7-2-0-0-0)(No: FINCHEM,DESCHEENIE)SB 1496prisoners; drug sentences; out-of-custody treatmentSPONSOR:SMITH, LD11SENATE2/27/2018(30-0-0-0)MVRA3/12DP(8-0-0-1-0)(Abs: DESCHEENIE)APPROP3/14DP(9-0-0-4-0)(Abs: BOWERS,CARTER,LEACH,RIVERO)Committee on Transportation and InfrastructureChairman:Noel W. Campbell, LD1Vice Chairman:Drew John, LD14Analyst:Liam MaherIntern:Samuel RosenbergSB 1401ignition interlock device; installer; manufacturerSPONSOR:WORSLEY, LD25SENATE2/15/2018(29-0-1-0)(NV: MIRANDA)TI3/7DP(7-0-0-1-0)(Abs: SALDATE)SB 1502ignition interlock device; incarceration creditsSPONSOR:SMITH, LD11SENATE3/1/2018(29-1-0-0)(No: MIRANDA)TI3/14DP(8-0-0-0-0)Committee on Ways and MeansChairman:Michelle B. Ugenti-Rita, LD23Vice Chairman:Vince Leach, LD11Analyst:Michael MaddenIntern:Elizabeth LangeSB 1405corporate income tax allocation; salesSPONSOR:FANN, LD1SENATE2/22/2018(30-0-0-0)WM3/14DP(7-0-0-2-0)(Abs: BOLDING,CARDENAS)SB 1467STOs; corporations; caps; scholarship eligibilitySPONSOR:YARBROUGH, LD17SENATE2/28/2018(16-14-0-0)(No: DALESSANDRO,CAJERO BEDFORD,OTONDO,PESHLAKAI,FARLEY,BRADLEY,BOWIE,CONTRERAS,HOBBS,MENDEZ,MIRANDA,BROPHY MCGEE,QUEZADA,MEZA)WM3/14DP(6-3-0-0-0)(No: BOLDING,CARDENAS,EPSTEIN)SCR 1007senior property valuation freeze; incomeSPONSOR:GRIFFIN, LD14SENATE2/1/2018(28-0-2-0)(NV: PESHLAKAI,YEE)WM3/14DP(7-0-0-2-0)(Abs: BOLDING,CARDENAS)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1100: workers' compensation; claim settlementPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: HYPERLINK "" \o "Bill Status Inquiry" Caucus & COW317567945Legend:ALJ – Administrative Law JudgeICA – Industrial Commission of Arizona Amendments – BOLD and Stricken (Committee)00Legend:ALJ – Administrative Law JudgeICA – Industrial Commission of Arizona Amendments – BOLD and Stricken (Committee)Abstractleft8048625? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to settlement of workers' compensation claims. ProvisionsFull and Final Settlements (Sec. 1)Clarifies that an interested party to a claim can negotiate a settlement of an accepted claim if the period of temporary disability is terminated by a final notice of claim status, award of the ICA or stipulation of the interested parties.Allows an authorized representative of a carrier, special fund or self-insured employer to sign a settlement.Requires a settlement to have attached certain information provided by a carrier, special fund or self-insured employer. Requires settlements to include specified signed attestations regardless if the employee is represented by counsel. Adds the following attestations that must be included in a settlement:The settlement amount representing future medical, surgical and hospital benefits;The present value and total amount of future indemnity benefits; The employee's life expectancy and rated age if applicable; The source of the employee's life expectancy; The discount rate used to calculate the present value and total amount of future indemnity benefits; The parties have conducted a search for and taken responsible steps to satisfy any unpaid medical charges; and The settlement was not achieved through coercion, duress, fraud, misrepresentation or undisclosed additional agreements. Removes the authorization for an ALJ to approve the settlement.ADDS THE REQUIREMENT FOR AN ALJ TO APPROVE THE SETTLEMENT IF THE EMPLOYEE IS REPRESENTED BY COUNSEL AND CERTAIN REQUIREMENTS ARE MET. (BI)Directs an ALJ, if an employee is without counsel, to conduct a hearing and perform a detailed inquiry into the employee's attestations. The inquiry must include:Whether the employee understands the specific right being settled and released; The information, computation and methodology provided by the carrier, special fund or self-insured employer; andThe employee's responsibility to protect the interest of other payors and ensure the payment of future treatment costs.Eliminates the requirement when approving a settlement that the ICA consider whether it is in the best interest of the employee based on specified criteria.Permits the ICA to approve a settlement if certain requirements are met.Supportive Medical Maintenance Benefits (Sec. 2)States that any final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits is not valid and enforceable until approved by the ICA.Permits the ICA to approve a final settlement agreement involving undisputed entitlement to supportive medical maintenance benefits if certain requirements are satisfied. Allows interested parties to a claim to enter into a final settlement and release of a claim for undisputed entitlement to supportive medical maintenance benefits after the period of temporary disability is terminated by a final notice of claim status or award of the ICA.Directs a carrier, special fund or self-insured employer to submit a summary of all reasonably anticipated future supportive medical maintenance benefits and the projected cost of the benefits for review by the employee. Requires the summary to be included with the final statement agreement filed with the ICA.Requires all medical conditions subject to the final settlement agreement to be described in the agreement. Requires the final settlement provisions only apply to future supportive medical maintenance benefits for the described condition.Directs a carrier, special fund or self-insured employer to inform the attending physician of the approval of a final settlement agreement.Directs a carrier, special fund or self-insured employer to remain responsible for payment for the treatment not covered by the final agreement unless supportive medical maintenance benefits rendered before the date of the final settlement are disputed or payment for treatment was included. Asserts the requirements for a final settlement do not prohibit any other settlement. Defines final settlement.Miscellaneous (Sec. 1)Makes technical and conforming changes. Current LawA.R.S. § 23-941.01 governs the approval of a full and final settlement of an employee's workers' compensation claim by the ICA. A full and final settlement is not considered valid and enforceable unless it is approved by the ICA. When determining if a settlement should be approved, the ICA must consider whether the settlement is in the best interests of the employee based on: 1) whether the employee's injuries are stabilized; and 2) the permanency of the employee's injuries. Interested parties to a claim may: 1) settle and release an accepted claim for compensation, benefits, penalties or interest; and 2) negotiate a full and final settlement if the period of disability is terminated by the carrier, special fund or self-insured employer. A full and final settlement must: 1) be in writing; 2) be signed by the carrier, special fund or self-insured employer and the employee or the employee's authorized representative; 3) acknowledge that the employee had the opportunity to seek legal advice and be represented by counsel; and 4) include a description of the employee's medical conditions that have been identified and contemplated at the time of the settlement. If an employee is represented by counsel, the full and final settlement must contain the following attestations: 1) the employee understands the rights settled and released; 2) the employee has been provided information from the carrier, special fund or self-insured employer that outlines any reasonable anticipated future benefits relating to the claim, the projected cost of those benefits and an explanation of how those projected costs were determined; 3) the employee understands that monies received for future medical treatment associated with the industrial injury should be set aside to ensure that the costs of treatment will be paid; 4) the parties have considered and taken reasonable steps to protect any interests of Medicare, Medicaid, the Indian Health Service and the US Department of Veterans Affairs; and 5) the parties have conducted a search for and taken reasonable steps to satisfy any identified medical liens. If an employee is not represented by counsel, the employee must appear before an ALJ who is required to make specific factual findings regarding whether the statutory requirements are satisfied. The ALJ is prohibited from approving a settlement if it does not meet statutory requirements or is not deemed fair and reasonable to the employee. Full and final settlement means a settlement in which the injured employee or, if the injured employee is deceased, the employee's estate, surviving spouse or dependent waives any future entitlement to benefits on the claim and any future right to change or reopen the claim. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1101: S/E: captive insurers; licensingPRIME SPONSOR: Senator Petersen, LD 12BILL STATUS: Caucus & COWWM: W/D 0-0-0-0BI: DPA/SE 5-3-0-0317567945Legend:Director – Director of Department of InsuranceAmendments – BOLD and Stricken (Committee)00Legend:Director – Director of Department of InsuranceAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to agency captive insurers and insurance risks. ProvisionsAllows an agency captive insurer to directly insure life or disability insurance risks with the approval of the Director. (Sec. 1)Current LawAn agency captive insurer insures risks on policies placed through its owners and is owned by one or more business entities which are state-licensed as insurance producers or managing general agents (A.R.S. § 20-1098). An agency captive insurer is prohibited from insuring risks not placed by or through its owners and directly insuring life or disability insurance risks (A.R.S. § 20-1098.01).Pursuant to A.R.S. § 20-508, an insurer, for disability insurance policies, must maintain an active life reserve which must place a sound value on its liabilities under the policy and be not less than the amounts that are necessary to assure payment of its policyholder obligations including reserves for unearned premiums.The Director may require an insurer to compute the reserve if it is determined that an insurer's unearned premium reserve is inadequate (A.R.S. 20-509). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1111: workers' compensation; opioids; dispensed medicationsPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: Caucus & COWBI: DP 7-1-0-031751270Legend:CSPMP – Controlled Substances Prescription Monitoring ProgramICA – Industrial Commission of ArizonaAmendments – BOLD and Stricken (Committee)00Legend:CSPMP – Controlled Substances Prescription Monitoring ProgramICA – Industrial Commission of ArizonaAmendments – BOLD and Stricken (Committee)AbstractRelating to workers' compensation.07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteProvisionsRequires a physician who prescribes a schedule II controlled substance to an employee to comply with statutory requirements relating to controlled substances.Laws 2018, First Special Session Chapter 1, provides for the requirements relating to controlled substances and becomes effective April 26, 2018. (Sec. 2)Modifies the information a physician must include in an ICA report as follows:Requires the report to contain information regarding the use of a schedule II narcotic or opium-based controlled substance and prescription of any opioid medication.The report must further include the following:Documentation regarding a physical examination, substance use risk assessment, and informed consent from the employee for opioid treatment.The frequency of face-to-face follow up visits to reevaluate an employee's continued use of opioids, guidelines for tapering and discontinuing the opioid, and the offering of treatment for opioid dependency or addiction associated with a treatment plan. (Sec. 2)Removes the provision regarding writing or dispensing an initial prescription order. (Sec. 2)Requires a physician to obtain an employee's CSPMP utilization report prior to prescribing the employee an opioid analgesic or benzodiazepine controlled substance that is listed as schedule II, III, or IV. A physician must obtain a report at least quarterly while that prescription remains part of the treatment. (Sec. 2)Allows the insurance carrier, self-insured employer or ICA to request, not more than once every two months, that a physician obtain a CSPMP utilization report regarding an employee. (Sec. 2)Clarifies the CSPMP utilization report, rather than the results of an inquiry to the Arizona State Board of Pharmacy is used to determine if the employee is receiving opioids from another provider. (Sec. 2)Asserts that the insurance carrier or self-insured employer is not liable for any action reasonably necessary to monitor or assess the appropriateness and effectiveness of the employee's opioid use. (Sec. 2) Allows the ICA to adopt fee reimbursement guidelines for medications dispensed in settings not accessible to the public. (Sec. 1)Requires the ICA to review the fee reimbursement guidelines with stakeholders and hold a public hearing by July 1, 2019. Repeals this requirement on July 1, 2020. (Sec. 3)Removes the qualification that a physician practice pain management in a change of physician ordered by the ICA. (Sec. 2)Removes the reporting exemption for medications administered to the employee while receiving inpatient hospital treatment. (Sec. 2)Modifies the definition of clinically meaningful improvement in function as:A significant improvement in the performance of daily activities or reduction in work restrictions; andA reduction in dependency on continued medical treatment. (Sec. 2)Eliminates the definition of off-label use. (Sec. 2)Defines substance use risk assessment as an evaluation of an employee's likelihood for opioid addiction, misuse, diversion or another adverse consequence. (Sec. 2)Defines a traumatic injury as a physical injury that creates a reasonable risk of death or that causes serious or permanent impairment. (Sec. 2)Makes technical and conforming changes. (Sec. 1-3)Current LawA.R.S. Title 23, Chapter 6 outlines the scope, administration and process of compensation for workers’ compensation insurance. The ICA regulates the worker's compensation system to ensure that any claim is processed in accordance with statues and rules. The ICA produces a schedule of fees to be charged by a physician treating an injured employee. A physician must report to the ICA documentation pertaining to the off-label use, use of and prescription of a narcotic or opium-based controlled substance.Laws 2018, First Special Session, Chapter 1 limits all initial prescriptions for opioids to a 5-day supply and prescriptions for opioids following surgical procedures to a 14-day supply, with certain exceptions. The legislation also provides dosage limits for opioids, with exception.A.R.S. § 36-2606 provides that each medical practitioner and pharmacist must have a current CSPMP registration and be granted access to the program’s central database tracking system.A.R.S § 36-2513 defines schedule II controlled substance as any material, compound, mixture or preparation containing any quantity of the substances outlined in statute.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1217: insurance; small employers; continuation coveragePRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Caucus & COWBI: DP 7-1-0-0317567945Legend:AHCCS – Arizona Health Cost Containment SystemCOBRA – Consolidated Omnibus Budget Reconciliation Act of 1985ADOI – Arizona Department of InsuranceSSA – Social Security AdministrationDoD – US Department of DefenseAmendments – BOLD and Stricken (Committee)00Legend:AHCCS – Arizona Health Cost Containment SystemCOBRA – Consolidated Omnibus Budget Reconciliation Act of 1985ADOI – Arizona Department of InsuranceSSA – Social Security AdministrationDoD – US Department of DefenseAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to small employer continuation coverage.ProvisionsSmall Employer Continuation Coverage (Sec. 2)Requires a health benefits plan issued or renewed after December 31, 2018 to provide an enrollee and any qualified dependent with the ability to continue coverage under the plan.Directs small employers to notify an enrollee of the enrollee's qualifying event and right to continue their and any qualified dependent's coverage within 30 days after the qualifying event. States a written communication or notice postmarked within 44 days after a qualifying event and mailed by the employer satisfies notice requirements.Specifies that notice to an enrollee constitutes notice to any qualified dependents, except that a separate notice must be sent if the employer knows the dependent's address.Requires a notice to inform an enrollee and any qualified dependent of the following:The enrollee's and any qualified dependent's right to continue coverage at the full cost of the coverage, including the employer's and enrollee's contribution and an administrative fee for the employer not exceeding 5% of the premium. The amount of the full cost of the coverage, stating separately for the enrollee and qualified dependent. The process and deadline for the enrollee to elect continuation coverage for the enrollee and any qualified dependent. The date and time by which the enrollee must submit the initial and ongoing payments to the employer to continue coverage. The loss of continuation coverage if the enrollee fails to pay the premium and administrative fee in a timely manner. Directs ADOI to prepare a sample notice of coverage continuation form and make the form available on its website. States the use of the form is presumed to satisfy notice requirements if properly completed. Requires an enrollee or a qualified dependent to do the following in order to continue coverage:Elect continuation coverage in writing for the enrollee and any qualified dependent within 60 days after the date of the notice to elect continuation coverage; andSubmit the first month premium to the employer within 45 days after the date of election to continue coverage.Asserts that coverage continues as if there had been no interruption if the enrollee or qualified dependent elects to continuation coverage. States that an enrollee has 120 days after the date of the notice to elect continuation coverage and pay the required premium and administrative fees, if the employer fails to provide complete, accurate and timely notice of the right to continue coverage. Requires an employer to notify the enrollee or qualified dependent of any change to the premium due at least 30 days before the change is effective if an insurance renewal occurs during the enrollee's or qualified dependent's period of eligibility for continuation of coverage. States that continuation of coverage requirements do not apply if:Continuation coverage benefits are available to the enrollees or qualified dependents under COBRA; The enrollee or qualified dependent seeking to continue coverage is eligible for Medicare. States that continuation of coverage ends on the earliest of the following:18 months after the date the continuation coverage begins;The date on which the employer terminates coverage under the health benefits plan due to the enrollee's failure to timely pay the premium and administrative fee;The date on which the enrollee or a qualified dependent becomes eligible for Medicare or Medicaid or obtains any other health care coverage;The date on which the employer terminates coverage under the health benefits plan for all employees; orThe date the dependent child of the enrollee would otherwise lose coverage under the terms of the health benefits plan due to attaining a certain age. Permits a qualified dependent to be eligible to continue coverage for an additional 11 months if:The qualified dependent is determined under the Social Security Act to have a disability at the time of a qualifying event; andIf the qualified dependent provides the written determination of disability from the SSA to the employer within 60 days after the date of the determination and before the end of the 18-month continuation period. Allows health benefits plans to charge up to 150% of the group rate during the 11-month disability extension.Requires a qualified dependent to notify the employer within 30 days after the SSA determine that the qualified dependent no longer has a disability under the Social Security Act.Permits a qualified dependent to be eligible to continue coverage for an additional 18 months if at least one of the following occurs during the 18-month continuation period:Divorce or separation from the enrollee; Death of the enrollee; The enrollee becomes eligible for Medicare; A dependent child ceases to be a dependent child under the health benefit plan. Military Reserve and National Guard Enrollees (Sec. 2)States that if an enrollee is in the military reserve or national guard and is called to active duty and the enrollee's employment is terminated during or after the active duty period:The termination is considered a separate qualifying event that is distinct from the qualifying event that may have occurred when the enrollee was called to active duty; andThe enrollee and any qualified dependent are eligible for a new 18-month benefit period beginning on the later of the date active duty ends or the employment termination.Provides that if an enrollee is in the military reserve or national guard and is called to active duty the following events are considered qualifying events distinct from the qualifying event that may have occurred when the enrollee was called to active duty: The enrollee dies during the period of active duty; A divorce or legal separation of the enrollee from the enrollee's spouse occurs; A dependent child ceases to be a dependent child under the requirements of the employer's health benefits plan. States that if an enrollee who is in the military reserve or national guard has elected to continue coverage and is thereafter called to active duty and the coverage is terminated after provided with health care from DoD: the 18-month period or other applicable time period for which the enrollee would otherwise be entitled to continuation coverage is tolled during the time the enrollee is covered; The enrollee may elect to continue coverage under the employer's health benefits plan retroactively to the termination date for the remainder of the 18-month period or other applicable time period within 63 days after the federal health care program coverage is terminated. MiscellaneousDefines enrollee, qualified dependent, qualifying event, and small employer. (Sec. 2)Eliminates the ability of an accountable health plan to contract with the AHCCS administration to provide certain health care services. (Sec. 1)Contains an effective date of January 1, 2019. (Sec.3)Current LawCOBRA provides for employees and their dependents to maintain continuation of coverage under a group health plan if the employee were to lose their coverage because of a qualifying event. Employers that employed fewer than 20 employees are exempt from continuation of coverage requirements (29 US Code § 1161). The coverage must be identical to the coverage provided under the?plan?to similarly situated employees with respect to whom a qualifying event has not occurred. The period of coverage must be extended for at least the beginning of the qualifying event and ending 18 months after the qualifying event, if the employee was terminated or had work hours reduced. Additional time periods are outlined for additional qualifying events (29 US Code § 1162).A qualifying event includes the following: 1) the death of the employee; 2) the termination or reduction of hours of the employee's employment; 3) the divorce or legal separation of the employee from the employee's spouse; 4) the employee becoming entitled to Social Security benefits; 5) A dependent child ceasing to be a dependent child under the plan's requirements and 6) A bankruptcy proceeding with respect to the employer from whose employment the employee retired at any time (29 US Code § 1163). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1381: service contractsPRIME SPONSOR: Senator Petersen, LD 12BILL STATUS: Caucus & COWBI: DP 5-3-0-0317566675Legend:Director – Director of the Department of InsuranceAmendments – BOLD and Stricken (Committee)00Legend:Director – Director of the Department of InsuranceAmendments – BOLD and Stricken (Committee)Abstractleft8029575? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to service contracts. ProvisionsService Companies & ContractsExempts service companies and related service contract sellers, administrators and other persons that market or sell service contracts from insurance licensing requirements. (Sec. 2)Removes the requirement for the Director to adopt regulations for the issuance of permits. (Sec. 2)Directs a provider to provide a consumer with a specimen copy of the service contract terms and conditions prior to the time of sale upon a request by the consumer. States that a provider complies by providing or directing to a website that contains a complete sample copy of the terms and conditions. (Sec. 2)Exempts motor vehicle dealer service contract programs from statutory service company requirements if the dealer has a financial responsibility to perform. (Sec. 3)States that the agreement types exempted from service contract requirements are not considered insurance and are not required to comply with insurance laws unless stated otherwise. (Sec. 3)Provides that the applicant for a service company permit be solvent and organized under the laws of Arizona or another US jurisdiction regardless if the applicant is a corporation. (Sec. 4)Modifies filing requirements prior to issuance of a permit as follows:Eliminates the option to use cash or cash alternatives to meet filing requirements. Allows the filing of alternatives to surety bonds in the form of securities or US government bonds that meet certain criteria. Allows an applicant to utilize a mechanical reimbursement insurance policy in lieu of filing a surety bond.Prohibits the use of a cash deposit in lieu of filing a surety bond. (Sec. 4, 5)Repeals statute relating to approval of motor vehicle service contracts programs. (Sec. 6)Makes it a Class 2 misdemeanor (4 months/up to $750 plus surcharges) for a person to sell an unapproved service contract. (Sec. 8) Removes the requirement that a motor vehicle service contract program offered by a motor vehicle dealer be approved by the Director. (Sec. 8)Repeals the definition and applicable Director approval requirements for motor vehicle service contract programs. (Sec. 1, 3, 4, 8)Requires each service company holding a permit to submit all service contract forms to the Director for approval at least 30 days before the proposed effective date of the form.States that a form cannot be used until it is approved or has been on file more than 30 days. (Sec. 7)Prohibits the Director from approving a service contract if:The contract may be canceled or voided due to acts or omissions of the service company or its assignees or subcontractors for their failure to provide correct information or to perform the services or repairs provided in a timely, competent and workmanlike manner; Parts or components repaired or replaced under the contract are excluded; orThe contract may be canceled or voided by the service company or its representative for certain reasons. (Sec. 7)Prohibits service contracts from being issued, sold or offered for sale in Arizona unless the service company has provided:A receipt for the purchase of the contract to the contract holder; andA copy of the contract to the contract holder within a reasonable time period from the date of purchase. (Sec. 7)Requires service contracts be written, printed or typed in clear, understandable language that is easy to read and discloses the following if applicable:The method in which the contract is insured;The name and address of an administrator;The total purchase price; The existence of a deductible amount; The merchandise and services to be provided; Any limits, exceptions or exclusions; Whether the use of nonoriginal manufacturers' parts are allowed; Any transferability restrictions; The terms of early termination that met certain requirements; All obligations and duties of the service contract holder; andA service contract is prohibited from excluding preexisting conditions if reasonably known. (Sec. 7)States that brochures and other advertising or marketing materials are not required to be filed with or approved by the Director. (Sec. 7)DefinitionsAdds an owner and lessor of residential property to the definition of consumer. (Sec. 1)Redefines mechanical reimbursement to mean an insurance policy issued to an obligor to either:Provide reimbursement to the obligor under the terms of the insured service contracts issued or sold by the obligor; orPay on behalf of the obligor all covered contractual obligations incurred by the obligor under the terms of the insured service contracts issued or sold by the obligor in the event of the obligor’s nonperformance. (Sec. 1)Modifies the definition of residential property to include any habitable structures this is used principally as a residence rather than only habitable structures consisting of no more than four-units. (Sec. 1)Redefines service company to mean any person that is contractually obligated to the contract holder under the terms of the service excluding a service contract administrator or seller without contractually obligations.Defines obligor to have the same meaning. (Sec. 1)Redefines service contract to mean a written contract or agreement for a separately stated consideration for any duration to perform the repair, replacement or maintenance of a consumer product, or the indemnification for repair, replacement or maintenance for operational or structural failure of a consumer product due to certain defects. Includes a contract or agreement sold for a separately stated consideration for any duration that provides for the following:The service, maintenance, repair and replacement of structural components, appliances, electrical, plumbing, heating, cooling or air conditioning systems of residential property; The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards; The removal of dents, dings or creases on a motor vehicle that can be repaired without replacing vehicle panels, sanding, bonding or painting; The replacement of a motor vehicle key or key fob; orOther service or products approved by the Director. (Sec. 1)Redefines service contract administrator to mean a person who is responsible for the administration of the service contracts or service contract plans or any submissions required by law. (Sec. 1)MiscellaneousMakes technical and conforming changes. (Sec. 1, 2, 5, 8)Current LawA.R.S. Title 20, Chapter 4, Article 11 governs service companies and the issuance of service contracts. A service company cannot offer or issue a service contract unless it has qualified for and been issued a permit by the Director. Rules and regulations must be adopted by the Director that provide for the permit application process (A.R.S. § 20-1095.01). The Director is prohibited from issuing a permit to a service company unless the following conditions are met: 1) the applicant is a solvent corporation incorporated under the laws of Arizona or another US jurisdiction if the applicant is a corporation; 2) the applicant furnishes proof as necessary that the directors and management of the service company are competent and trustworthy and are capable of managing the company's affairs; and 3) files cash, cash alternatives or a surety bond with the Director (A.R.S § 20-1095.03). A licensed motor vehicle dealer who acts through its regularly employed sales personnel can sell motor vehicle service contract programs that have been approved by the Director. Before the sale of any approved service contract program, the licensed motor vehicle dealer must inform the Director by certified mail of the intent to sell the program. The Director is required to maintain a file of all approved motor vehicle service contract programs and a list of the motor vehicle dealers selling a specific program. A person who sells an unapproved motor vehicle service contract program is guilty of a Class 2 misdemeanor (4 months/up to $750 plus surcharges) (A.R.S. § 20-1095.07).Service contract is defined as a written contract to perform services related to the maintenance, repair or replacement of: 1) a consumer product or 2) the structural components, appliances or electrical, plumbing, heating, cooling or air conditioning systems of residential property (A.R.S. § 20-1095). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1117: liquor establishments; peace officers; firearmsPRIME SPONSOR: Senator Kavanagh, LD 23BILL STATUS: Caucus & COWCOM: DP 6-3-0-0317567945Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to an off-duty peace officer in possession of a firearm while on licensed liquor premises.ProvisionsAuthorizes an off-duty peace officer with a firearm to be on the licensed premises of an on-sale liquor retailer. (Sec. 1)Permits a liquor licensee or employee to allow an off-duty peace officer possessing a firearm, to remain on the licensed premises of an on-sale retailer. (Sec. 1)Makes technical changes. (Sec. 1)Current LawA.R.S. § 4-101 specifies an on-sale retailer means any person operating a business where spirituous liquor is sold in the original container to be consumed on or off the premises or individual portions consumed on the premises. A.R.S. § 4-244 strictly prohibits any person from being on the premises of an on-sale retailer while in possession of a firearm, except as follows: An Arizona peace officer.A sheriff's volunteer posse member, while on duty if the member received firearms training approved by the Arizona peace officer standards and training board.A retired peace officer or honorary retired law enforcement officer who receives a certificate of firearms proficiency (A.R.S. § 13-3112).A liquor licensee or employee, acting with the licensees' permission, to allow a person to remain on the premises or to sell, serve or furnish to a person in possession of a firearm.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1199: drug testing; eye movement analysisPRIME SPONSOR: Senator Worsley, LD 25BILL STATUS: Caucus & COWCOM: DP 9-0-0-0317567945Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to samples for testing employees for drug or alcohol impairment. ProvisionsAdds eye movement analysis to the list of samples used to test employees or prospective employees for the presence of drugs or alcohol impairment. (Sec. 1)Makes a technical change. (Sec. 1)Current LawA.R.S. § 23-493 lists the samples that may be utilized for testing employees or prospective employees for the presence of drugs or alcohol impairment. Sample means urine, blood, breath, saliva, hair or other substances from the person being tested. To reliably test for drug or alcohol impairment, statute authorizes the employer to require samples and reliable ID from the individual being tested to the person performing the test. The employer has the option of deciding the type of sample to be used for the test. (A.R.S. § 23- 493.01)A.R.S. § 23- 493.03 outlines the testing procedures for all sample collection and testing, which must be done under sanitary conditions, with documentation and proper labeling. The person being tested may disclose information relevant to the test, including any medical information, prescription and nonprescription drugs the person is currently taking or has taken in the past. Further, statute outlines the requirements for storage, transportation and testing procedures at an approved, certified laboratory.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1264: gift cards; dormancy fee; prohibitionPRIME SPONSOR: Senator Yarbrough, LD 17BILL STATUS: Caucus & COWCommerce: DPA 9-0-0-0317567310Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to a gift card expiration date and fee. ProvisionsProhibits a gift card from being subject to an expiration date or a fee, except as noted. (Sec. 1)STATES THAT THE UNDERLYING MONIES ON A GIFT CARD MAY NOT BE SUBJECT TO AN EXPIRPATION DATE. (Sec. 1)Specifies that a gift card, code or device associated with a gift card may contain an expiration date if: the following apply: The gift card is electronic and is a general purpose reloadable or prepaid card, an open loop or close loop card; andA prominent CLEAR AND CONSPICUOUS disclosure informs the consumer that the underlying monies do not expire and the consumer may contact the issuer for a replacement card, code or device; AND IF THE GIFT CARD IS ELECTRONIC, THE DISCLOSURE MUST BE IN THE MESSAGE TO THE CONSUMER THAT CONTAINS THE CARD NUMBER OR CODE. (Sec. 1)Stipulates that beginning on the effective date of this act, a person may not sell or issue a gift card in Arizona that is subject to a fee. (Sec. 1) Contains technical changes. (Sec. 1)Current LawLaws 2005, Chapter 315 states that a gift card subject to an expiration date or fee must clearly and visibly disclose the expiration date, the amount of the fee and when the fee is incurred. The disclosure must be made to the consumer before the purchase and, in the case of a paper certificate, must be disclosed on the front of the certificate. The disclosure also applies to gift cards purchased electronically or telephonically. Regardless of the Consumer Fraud Act, statute assesses a civil penalty for a violation is of no more than $500 per card violation. (A.R.S. § 44-7402)Statute exempts the following from the regulatory requirements:A gift card received by a consumer as part of an awards, loyalty or promotional program when nothing of value is given by the consumer in exchange for the gift card;A gift card that is donated or sold below face value to a nonprofit or charitable organization for fund raising purposes; andA debit card, prepaid telecommunications services card or an electronic funds transfer card. (A.R.S. § 44-7402)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1443: certified public accountantsPRIME SPONSOR: Senator Yee, LD 20BILL STATUS: Caucus & COWCommerce: DP 9-0-0-0317577470Legend:Board- Board of AccountancyCPA- Certified Public AccountantsDirector- Executive Director of the BoardAmendments – BOLD and Stricken (Committee)00Legend:Board- Board of AccountancyCPA- Certified Public AccountantsDirector- Executive Director of the BoardAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to CPA and Board regulations.ProvisionsCPA Firm Registration Requirements (Sec. 14)Requires a CPA firm to meet the following registration criteria: A business organization must:Have a simple majority of the ownership with direct and indirect financial interest, voting rights and certificates or licenses as CPA's in any jurisdiction;Have an office in Arizona; andEither:Provide attest or compilation services; orUse the CPA designation in its firm name. A sole proprietorship must: Have an owner who is a CPA in good standing in Arizona;Have an office in Arizona; and Either:Provide attest or compilation services; orUses the CPA designation in its firm name, unless the firm name is the name of the sole proprietor as registered with the Board. An individual must:Be a CPA in good standing in Arizona; andPerform attest or compilation services in Arizona, but not as an employee of a business organization, sole proprietorship or a government agency. Requires any attest or compilation services in Arizona be provided by a registered firm. Requires an attest or compilation service report be signed by a person. Eliminates requirements for noncertified owners of a firm. Requires a firm to notify the board in writing within one month of any change in ownership that results in less than a CPA majority of owners. Repeals the terms partner and partnership, and replaces with the term owner and firm. Powers and Duties of the Director (Sec. 4)Delegates to the Director the authority to: Approve:An applicant to take the uniform CPA examination;An application for firm registration;A reissue of a certificate due to a name change of a CPA;A registrant cancelation request;A request for retired status;Reactivation from inactive or retired status;Compliance with peer review requirements;Compliance with continuing education audits; andContinuing professional education compliance with decisions and orders.Issue a certificate for a CPA; andTerminate decisions and orders based on the successful completion of all order requirements by a registrant. Reactivation and Reinstatement RequirementsStates that if a registrant fails to:Renew a certificate or registration within three months after the date of suspension, the certificate or registration expires; andMeet the professional education requirements within six months after the date of suspension, the certificate expires. Note: Current law allows 12 months after the date of suspension in both instances. (Sec. 17, 18)Permits the Board to grant an extension to a firm that is not in compliance with registration requirements before revoking the firm's registration. (Sec. 19)Repeals the statutes for reactivation or reinstatement requirements for CPA certificates. (Sec. 8-13, 19)Consolidates the statutes for reactivation or reinstatement requirements for CPA certificates. (Sec. 15)Miscellaneous Clarifies that the limited reciprocity privilege may be exercised by an individual who does not have or represent to have an office in this state. (Sec. 5) Allows a registrant to request an inactive or retired status on a certificate if the following requirements are met:The registrant does not provide attest or compilation services in Arizona; andThe registrant does not provide accounting services for a fee or other compensation in this state. (Sec. 8, 11) Prohibits a firm from referring to itself as a CPA firm unless the majority of owners are holders of CPA certifications. (Sec. 21) Permits a person who is aggrieved by an action taken by the Director to request a Board review within 30 days after receiving notification of the Director's decision. (Sec. 23) Eliminates statutory reference to public accountant. (Sec. 2-4, 7, 9-14, 16, 17, 19-21, 24, 25)Modifies the definition section. (Sec. 3)Makes technical and conforming changes. (Sec. 1-3, 5, 6, 8, 11, 13, 14, 16, 19, 20, 21, 24, 25) Current LawThe Board must issue a CPA certificate to an applicant who meets the following requirements:Is a U.S. citizen;Is at least 18 years of age;Is of good moral character;Has not engaged in any conduct that would result in the revocation or suspension of a certificate;Passes the uniform CPA examination; andHas obtained a baccalaureate degree from an accredited institution with 150 hours of education of which at least 36 hours are non-duplicative semester hours of accounting and 30 of the 36 hours are upper division course work. (A.R.S. § 32-721)A CPA partnership is required to register with the Board every two years and meet the following requirements:At least one partner must be a resident of Arizona and a full time practicing CPA in good standing; andAt least 51% of ownership with direct and indirect financial interest, have voting rights and are holders of certificates or licenses to practice as a CPA or public accountant in any jurisdiction. (A.R.S. § 32-731) A registered partnership may include owners that are not a CPA if all the following apply;An individual who is a CPA registers the partnership;All noncertified partners participate in the management of the partnership; and The partner who supervises attest services or signs reports related to attest services in Arizona is a CPA. (A.R.S. § 32-731) The Board may:Investigate complaints filed with the Board;Establish and maintain high standards of competence and integrity in the practice of accounting by a CPA; Establish CPA reporting requirements;Establish requirements for CPA continuing professional education; Adopt procedures for disciplinary actions, administrative hearings, and consent decisions;Issue CPA certificates to qualified applicants;Adopt or amend procedures and rules; andAppoint relevant committees to assist or advise the Board. (A.R.S. § 32-703)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1499: community facilities districts; directorsPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus & COWCOM: DP 9-0-0-0698571755Legend:CFD – Community Facilities DistrictBoard – CFD BoardAmendments – BOLD and Stricken (Committee)00Legend:CFD – Community Facilities DistrictBoard – CFD BoardAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to community facilities districts.ProvisionsAsserts the two Board members added to the CFD board are initially designated by the largest landowner in the proposed CFD, appointed by the governing body. (Sec. 1)In addition to the applicant providing a process for designating the two additional Board members once the development in the CFD is certified as complete by the applicant or successors, permits the applicant to provide for additional Board members if there is a vacancy due to death, resignation or inability to serve. (Sec. 1) Requires the resolution ordering formation of the CFD to grant the governing body the option to appoint five directors, regardless of the district's size. (Sec. 2)States the initial directors cannot be members of the governing body, ex officio. (Sec. 3)Outlines the process for the governing body to appoint directors when terms expire or there is a vacancy on the Board. (Sec. 4)Contains an emergency clause. (Sec. 5)Makes technical and conforming changes. (Sec. 2, 3, 4)Current LawA CFD is a tax levying public improvement district formed by a municipality or county. If 25% of the land owners of the proposed CFD sign a petition, a resolution may be adopted declaring its intention to form a CFD. The resolution must state whether it will be governed by the members of the governing body, ex officio or five directors appointed by the governing body. The Board may authorize the issuance of revenue bonds or hold a bond election. Fees and charges connected with an application to form a CFD must not exceed the overall cost of the actual administration of the CFD. A CFD may levy ad valorem taxes, if approved by the voters, which will include the maintenance and operation of the CFD. That portion of the tax must not exceed 30 cents per $100 of assessed valuation of all real and personal property within the CFD. (A.R.S. 48 § 702 et al.)Additional InformationLaws 2017, Chapter 208, revised the CFD statutes, including the process for formation, the Board and their appointment, maximum fees and other charges. SB 1499 makes additional changes to these statutes.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1500: employment security; employee; employer; statusPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus & COWCOM: DP 4-3-0-2317567945Legend:IRS – Internal Revenue ServiceDES – Department of Economic SecurityUI – Unemployment InsuranceFUTA – Federal Unemployment Tax AssessmentAmendments – BOLD and Stricken (Committee)00Legend:IRS – Internal Revenue ServiceDES – Department of Economic SecurityUI – Unemployment InsuranceFUTA – Federal Unemployment Tax AssessmentAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to employee status for purposes of unemployment insurance. Provisions To assess employee status, instructs DES to review and consider all employment-related facts, but cannot base a determination on the following facts: The individual functions as a sole proprietor, implements a covenant, trade secret or confidentiality agreement. The work services are subject to quality standards, time or location required by a client of the recognized employer. (Sec. 1) Modifies the definition of employee to exclude any individual not considered by the federal government as an employee for FUTA purposes, as established by an affirmative IRS audit or similar action in which a tax return includes income from an independent contractor relationship. (Sec. 1) Excludes an individual from the definition of employee as follows:A medical or health care professional who contracts with a medical practice or hospital, directly or through an agent, who does the following:i. Observes the common practices of the entity, such as a professional corporation, LLC or contractor and utilizes the entity for billing services, compensation and filing tax returns. ii. Is not paid wages or given benefits; and, does not have withholdings from the contracted group or hospital. A home care services provider that contracts, either directly or through an agent, to furnish the stated health-related services or life assistance, except behavioral health services as outlined. (Sec. 1) Revises the defined term temporary services employer to include an employing unit that contracts with clients to supply workers to perform services in more than one industry. (Sec. 2) Clarifies the employer, upon request, may obtain a complete copy of a case record from DES or the appeals board. (Sec. 3) Removes archaic language. (Sec. 2) Makes technical and clarifying changes. (Sec. 1, 2, 3) Current Law Persons who are unemployed through no fault of their own may qualify for UI benefits, which are based on a formula outlined in statute and calculated according to earned wages. The weekly UI benefits are calculated according to wages earned from employers who paid unemployment taxes to the State of Arizona. The benefit amount is 4% of the wages paid in the highest quarter of the worker's base period, with the current maximum set at $240 per week. (A.R.S. § 23-779) Statute defines employee, in part, to mean any individual who performs services for an employer, subject to the employer's control or direction regarding the method of performing the services and the accomplished results. Examples of control include the following: the hours of work; location of work; right to perform services for others; tools, equipment, materials and use of other workers. Statute excludes certain specific jobs from the definition, as outlined. (A.R.S. 23-613.01)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1291: schools; pupil assessment dataPRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Caucus & COWED: DPA 9-0-0-1317567945Legend:ADE – Arizona Department of EducationLEA – Local Education AgencyRFP – Request for ProposalsAmendments – BOLD and Stricken (Committee)00Legend:ADE – Arizona Department of EducationLEA – Local Education AgencyRFP – Request for ProposalsAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to statewide assessment data.ProvisionsRequires ADE to provide raw assessment data files to a LEA within 30 days of receiving a request. (Sec. 1)Requires LEAs to follow data privacy laws and not publicly disclose individual student achievement results. (Sec. 1)Prohibits ADE and SBE from restricting a LEA's superintendent or staff from sharing assessment data with its governing body or otherwise impeding the sharing of statewide assessment data. (Sec. 2)Requires SBE to direct ADE to issue an RFP for the purchase of a statewide assessment before January 1, 2019. (Sec. 3)Makes technical changes. (Sec. 1, 2)Current LawSBE is required to provide annual reports on the statewide assessment that include the average and range scores, standardized test scores by subject area, achievement-related nontest indicator data and the number of students completing standards in grades 3, 8 and 12. SBE provides assessment results to each school district, and the districts provide each parent of a student who took the assessment with their child's assessment scores (A.R.S. § 15-743). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1422: universities; tuition and feesPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWED: DP 8-0-1-1317569215Legend:ABOR – Arizona Board of RegentsSY – School YearAmendments – BOLD and Stricken (Committee)00Legend:ABOR – Arizona Board of RegentsSY – School YearAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to ABOR approval of academic fees.ProvisionsAdds tuition rate changes for online programs and academic fees to the fees subject to ABOR approval. (Sec. 1) Requires public disclosure by ABOR and each university of any final action on changes in tuition or academic fees. (Sec. 1)Removes the exemptions from ABOR rules for fees that are set by individual universities and that do not require ABOR approval. (Sec. 1)Makes technical and conforming changes. (Sec. 1 & 2)Current LawABOR is required to establish a process for setting tuition and fees subject to ABOR approval in rule, including at least one public hearing and public disclosure by each university of proposed increases in tuition or fees at least 10 days before the hearing. Increases in fees that are set by individual universities and do not require ABOR approval before they may become effective are exempt from the requirements of ABOR's rules (A.R.S. § 15-1626). Additional InformationThe ABOR-approved base tuition and mandatory fees for the SY 2018 can be found here.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1253: game and fish; licenses; fees.PRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWEENR: DP 8-0-0-2317529845Legend:AZGFD – Arizona Game & Fish DepartmentCommission – Arizona Game & Fish CommissionCOR – Committee of ReferenceJLAC – Joint Legislative Audit CommitteeAmendments – BOLD and Stricken (Committee)00Legend:AZGFD – Arizona Game & Fish DepartmentCommission – Arizona Game & Fish CommissionCOR – Committee of ReferenceJLAC – Joint Legislative Audit CommitteeAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to AZGFD licenses and fees.ProvisionsFeesExtends the Commission's authority to establish the fees for licenses, permits, tags, stamps and applications in rule beyond July 1, 2019. (Sec. 3)Repeals the cap on total amount of license, permit, tag and stamp fees AZGFD may collect each FY. (Sec. 4)Repeals the cap on total watercraft fees AZGFD may collect each FY. (Sec. 1)Removes the requirement that JLAC assign a COR review of the Commission's annual report on license classifications and fees every five years. (Sec. 3)Permits, rather than requires, JLAC to assign a COR review of the Commission's annual report on license classifications and fees. (Sec. 3)Authorizes a license dealer to determine, collect and retain a reasonable fee in addition to the fee charged to issue the license or permit. (Sec. 5)LicensesAuthorizes the Commission to reduce license fees and issue complimentary licenses. (Sec. 3)Authorizes the commission to reduce license fees for a veteran who receives compensation for a service-connected disability. (Sec. 3, 4)Replaces the requirement that each license be signed in ink on the face of the license with a requirement that it be signed in a manner provided by rule. (Sec. 2)MiscellaneousMakes technical and conforming changes. (Sec. 2-5)Current LawFeesAZGFD may establish license, permit, tag and stamp fees for the taking or handling of wildlife. The total fees AZGFD may collect is limited to 150% of the Game and Fish Fund appropriation for FY 2013 (A.R.S. § 17-333.01). The Commission is required to prescribe rules for license classifications that are valid for taking or handling of wildlife, fees for licenses, permits, tags and stamps and application fees through July 1, 2019. The Commission may temporarily reduce or waive fees prescribed by rule, on the recommendation of the Director. The Commission is required to submit an annual report on license classifications, fees for licenses, permits, tags and stamps and any other fees prescribed by rule to the Legislature. JLAC is required to assign a COR hearing and review of the annual reports by July 1, 2019, and every fifth year thereafter (A.R.S. § 17-333).Compensation for Arizona, California, Nevada and Utah-Colorado River Special-Use Permits is established through an agreement between the respective states and the Commission. License dealers who contract with the Commission to electronically sell licenses may impose additional fees as provided in the contract. All other license dealers retain 5% of the selling price of each license or permit (A.R.S. § 17-338).AZGFD may establish fees for registration of motorized watercraft (A.R.S. § 5-321), watercraft certificates of numbers and decals necessary for sale (A.R.S. § 5-322), and nonresident boating safety infrastructure fees (A.R.S. § 5-327). The total watercraft fees AZGFD may collect is limited to 150% of the Watercraft Licensing Fund appropriation for FY 2013 (A.R.S. § 5-328). LicensesThe Commission may temporarily reduce or waive fees prescribed by rule, on the recommendation of the Director. (A.R.S. § 17-333). The Commission may issue a youth license for a reduced fee to an Arizona resident who is a member of the Boy Scouts of America and attained the rank of Eagle Scout or a member of the Girl Scouts of America and received the Gold Award (A.R.S. § 17-336). The Commission may issue a complimentary license to: 1) a veteran of the US Armed Forces who is receiving compensation from the US government for permanent service-connected disabilities rate as 100% disabling, and who has been a resident of Arizona for at least one year before the application; and 2) a pioneer who is at least 70 years old, and has lived in Arizona for 25 or more consecutive years immediately before the application. The complimentary license for a pioneer is a lifetime license (A.R.S. § 17-336).A licensee must sign the face of the license in ink before it is valid, except as provided in rule (A.R.S. § 17-332). Additional InformationThe FY 2013 appropriation from the Game and Fish Fund was $33,277,100 (JLBC).The FY 2013 appropriation from the Watercraft Licensing Fund was $4,504,200 (JLBC). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1508: water; desalination action planPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWEENR: DP 9-0-0-13175-122555Legend:ADWR – Arizona Department of Water ResourcesGWAC – Governor's Water Augmentation CouncilAmendments – BOLD and Stricken (Committee)00Legend:ADWR – Arizona Department of Water ResourcesGWAC – Governor's Water Augmentation CouncilAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to a desalination action plan.ProvisionsInstructs the ADWR Director to prepare a desalination action plan that includes:an identification of:areas with significant amounts of brackish groundwater; areas that may benefit from treated brackish groundwater; and potential funding sources for the treatment and delivery of the brackish groundwater.a cost estimate to treat and deliver brackish groundwater for an economically viable use;an evaluation of the feasibility and cost of the disposal of the brine byproduct; andan evaluation and analysis of issues related to the sources of brackish groundwater, including potential impacts to the water users in the area. (Sec. 1)Permits the plan to identify and evaluation potential binational agreements or projects to treat brackish groundwater or sea water. (Sec. 1)Requires the ADWR Director to include an analysis and evaluation of the following on determination that there is significant brackish water underground in a county adjacent to the Colorado River:source of the underground water;whether the water is being used; andthe purpose for which the water is being used, if applicable.Prohibits the ADWR Director from addressing the water in the plan on the conclusion that the likely source of the water is Colorado River water. (Sec. 1)Declares any conclusion relating to the source of the water made by the ADWR Director is not binding for any purpose and does not create a presumption of the legal character of the water in any administrative or judicial proceeding. (Sec. 1)Requires submission of the plan to the Governor and the Legislature by September 30, 2019, with an update on the plan and its results every two years. (Sec. 1)Makes technical and conforming changes. (Sec. 1)Additional InformationThe terms desalination or desalting mean the use of any process or technique for the removal and, when feasible, adaptation to beneficial use, of organic and inorganic elements and compounds from saline or biologically impaired waters, by itself or in conjunction with other processes. Saline water means sea water, brackish water and other mineralized or chemically impaired water (U.S.C. § 42- 10301). The GWAC was established through Executive Order 2015-13. In 2016, GWAC formed the Desalination Committee to explore opportunities for in-state desalination with a focus on brackish groundwater and effluent supplies (GWAC).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1510: irrigation grandfathered right; containerized plantsPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWEENR: DP 8-1-0-1317558420Legend:ADWR – Arizona Department of Water ResourcesAMA – Active Management AreaIGFR – Irrigation Grandfathered RightAmendments – BOLD and Stricken (Committee)00Legend:ADWR – Arizona Department of Water ResourcesAMA – Active Management AreaIGFR – Irrigation Grandfathered RightAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to containerized plants.ProvisionsDeclares the use of groundwater for containerized plants on or above ground is a non-irrigation use in an AMA. (Sec. 1)Allows a person who holds an IGFR in an AMA to withdraw groundwater for containerized plants on or above the surface of certificated acres if the plants are grown for:sale or human consumption; orlivestock or poultry feed. (Sec. 1)Requires separate measurement of groundwater for containerized plants and groundwater used for an irrigation use. (Sec. 1)Prohibits the total amount of water used for containerized plants from exceeding the farm's allotted amount. (Sec. 1)Prohibits the registration of credits to a farm's flexibility account in any year groundwater is used for containerized plants. (Sec. 1)Requires, on request, separation of an IGFR certificate into:one certificate for those certificated acres use groundwater for containerized plants; and one certificate for those certificated acres that groundwater is used for an irrigation purpose. (Sec. 1)Prohibits separation of an IGFR certificate if it would result in the issuance of a certificate for less than two certificated acres. (Sec. 1)Specifies the certificated acres associated with each certificate are considered a separate farm. (Sec. 1)Defines certificated acres. (Sec. 1)Current LawIn an AMA a person who was legally withdrawing and using groundwater as of the AMA designation date or who owns land legally entitled to be irrigated with groundwater has the right to withdraw or receive and use groundwater as determined by the ADWR Director (A.R.S. § 45-462). To irrigate means the application of water to two or more acres of land to produce plants for sale or human consumption or for use as livestock or poultry feed (A.R.S. § 45-402). A person who uses less water than the amount allowed may use the remaining amount in a succeeding accounting period or convey or sell the credits, with limitations (A.R.S. § 45-467).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1511: Pinal AMA; groundwater; extinguishment creditsPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWEENR: DP 7-2-0-13175-36830Legend:ADWR – Arizona Department of Water ResourcesAMA – Active Management AreaSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)00Legend:ADWR – Arizona Department of Water ResourcesAMA – Active Management AreaSOS – Secretary of StateAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the Pinal AMA.ProvisionsRequires the ADWR Director to recalculate the amount of groundwater available for use in the Pinal AMA for determining an Assured Water Supply. (Sec. 1)Eliminates the groundwater allowance for a certificate of Assured Water Supply for a proposed subdivision after September 1, 2019, rather than 2025. (Sec. 1)Instructs the ADWR Director to adopt rules by January 1, 2019, that reduces the amount of extinguishment credits given for the retirement of farmland in the Pinal AMA by multiplying the amount of credits remaining by:75% after the 6th anniversary;50% after the 11th anniversary;25% after the 16th anniversary; and0% after the 21st anniversary.Declares the rules have an immediate effective date and exempts the ADWR from the rulemaking process except that the ADWR Director must file a notice of exempt rulemaking with the SOS. (Sec. 1)Current LawThe Pinal AMA management goal is to allow development of non-irrigation uses and to preserve existing agricultural economies for as long as feasible, consistent with the necessity to preserve future water supplies for non-irrigation uses (A.R.S. § 45-562). The owner of an irrigation or non-irrigation grandfathered right may permanently retire their right, in full or part, in exchange for extinguishment credits that may be sold to another party and transferred within the same AMA, with exceptions. Extinguishment credits may be pledged to a subdivision to reduce the volume of groundwater used to meet the assured water supply program requirements.In the Pinal AMA, the ADWR Director is required to calculate extinguishment credits as outlined in rule (R12-15-725.01), which includes an allocation factor associated with the year the grandfathered right is extinguished. The extinguishment credits given for the retirement of grandfathered rights in the Pinal AMA will be reduced beginning in 2019, phasing down to 0% after 2059 (ADWR).In the Pinal AMA, the groundwater allowance allocation factor, as specified in rule, for a certificate or designation of Assured Water supply for a proposed subdivision is as follows: 1) 10 for the fourth management period (2010-2020); 2) 5 for the fifth management period (2020-2025); and 3) 0 thereafter (R12-15-725).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSCR1031: S/E support; water management policiesPRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWEENR: DPA/SE 9-0-0-1317510795Legend:ADWR – Arizona Department of Water ResourcesAWBA – Arizona Water Banking AuthorityCAGRD – Central Arizona Groundwater Replenishment DistrictCAP – Central Arizona ProjectCAWCD – Central Arizona Water Conservation DistrictAmendments – BOLD and Stricken (Committee)00Legend:ADWR – Arizona Department of Water ResourcesAWBA – Arizona Water Banking AuthorityCAGRD – Central Arizona Groundwater Replenishment DistrictCAP – Central Arizona ProjectCAWCD – Central Arizona Water Conservation DistrictAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to water management policies.ProvisionsResolves that the Members of the Legislature continue the tradition of leadership and support for appropriate water management practices and policies that protect property and water rights, and that provide for the continued safety and prosperity of Arizona. Additional InformationArizona has developed and implemented water management policies including:the establishment of the CAWCD in 1971 to repay the federal government for the CAP; the establishment of the Groundwater Management Act and ADWR in 1980; the passage of legislation in 1986 to provide for the underground storage of water for future uses with additional provisions enacted in 1994the creation of the CAGRD in 1993 as a mechanism to provide for additional water supplies; the creation of the AWBA in 1996 to help ensure full use of Arizona's share of the Colorado River; and the authorization for Arizona to participate in Minutes 319 and 323 to the 1944 Treaty with Mexico in 2012 and 2017 regarding the use of Colorado River water.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1274: public monies; recovery; illegal paymentsPRIME SPONSOR: Senator Petersen, LD 12BILL STATUS: Caucus & COWGOV: DPA 7-0-0-1317567310Legend:AG – Attorney GeneralBOS – Board of SupervisorsAmendments – BOLD and Stricken (Committee)00Legend:AG – Attorney GeneralBOS – Board of SupervisorsAmendments – BOLD and Stricken (Committee)Abstract08037195? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the recovery of illegally paid public monies. ProvisionsCounty AttorneyPermits the County Attorney to bring an action against a county or school district officer, employee or agent to enjoin the illegal payment of public monies or to recover illegally paid public monies. (Sec. 1)Currently, the County Attorney may only bring an action against the BOS (A.R.S. § 11-641). Prohibits a county or school district officer, employee or agent, who disburses public monies pursuant to a warrant or claim, from being held liable for an illegal payment unless that individual knew or should have known that the warrant or claim would result in an illegal payment. (Sec. 1)Applies this prohibition to a public official, employee, budget unit or agent of the state or any of its political subdivisions. (Sec. 3)Attorney General Permits the AG to bring an action to recover illegally paid public monies against:Any person who received the illegal payment; The public body, officer or supervisor of the person who ordered or caused the illegal payment; or The public official, employee or agent who ordered or caused the illegal payment. (Sec. 3)SPECIFIES THAT RECOVERED PUBLIC MONIES OF A POLITICAL SUBDIVISION MUST BE PAID BACK TO THE POLITICAL SUBDIVISION. (GOV) REQUIRES AN ACTION BY THE AG TO BE BROUGHT WITHIN FIVE YEARS AFTER THE ILLEGAL PAYMENT WAS ORDERED. (GOV) SPECIFIES THAT AN ACTION TO RECOVER ILLEGALLY PAID PUBLIC MONIES IS SUBJECT TO THE STATUTORY REQUIREMENTS REGARDING ACTIONS AGAINST PUBLIC ENTITIES OR EMPLOYEES. (GOV)Title 12, Chapter 7, Article 2 outlines requirements for actions against public entities or employees. Specifies that an action to recover illegally paid monies against any person who received the illegal payment or the public official, employee or agent who ordered or caused the illegal payment may only be brought by the AG. (Sec. 6)Allows a taxpayer to bring an action against a public body, officer or supervisor of the person who ordered or caused an illegal payment if the AG fails to bring an action within 60 days of a written request.Specifies that a request regarding a political subdivision may only be made by a taxpayer of that political subdivision.Specifies that a request regarding a county may only be submitted 21 days after a request is made to the County Attorney. (Sec. 6)SPECIFIES THAT THE PERSON BRINGING AN ACTION MUST PROSECUTE THE ACTION WITH DILIGENCE AND FINALITY AND PAY ALL DAMAGES SUSTAINED AND COSTS INCURRED, INCLUDING ATTORNEY FEES AWARDED TO THE DEFENDANT. (GOV)Currently, statute specifies the person must prosecute the action with diligence and finality or pay damages sustained and costs incurred (A.R.S. § 35-213).PERMITS THE COURT TO AWARD THE PREVAILING PARTY COSTS AND REASONABLE ATTORNEY FEES. (GOV)Currently, statute specifies that if the taxpayer prevails, the court is required to award the taxpayer costs and attorney fees (A.R.S. § 35-213). Allows a public official, employee or agent charged with collecting, receiving, safekeeping, transferring or disbursing of public monies to be held personally liable for an illegal payment of public monies. (Sec. 3)MiscellaneousExpands the definition of public monies to include all monies coming into the lawful possession, custody or control of a TAX-SUPPORTED political subdivision or any of its officers, employees or agents. (Sec. 3) (GOV)MAKES CLARIFYING CHANGES. (GOV)Makes technical and conforming changes. (Sec. 1-4)Current LawIf a BOS orders any monies to be paid from the county treasury without the authority of law, the BOS and party in whose favor the order is made are jointly and severally liable for the monies with interest at the legal rate, and 20% additional on the principal amount. The County Attorney may bring an action against the BOS to enjoin the payment of the monies or to recover the monies (A.R.S. § 11-641). If the County Attorney fails to bring an action within 20 days after written request, any taxpayer of the county is permitted to bring an action in their own name and own expense (A.R.S. § 11-642). Additionally, the AG may bring an action to enjoin the illegal payment of public monies or, if the monies have been paid, to recover the monies plus 20% of that amount together with interest and costs, including attorney fees (A.R.S. § 35-212). If the AG fails to bring an action within 60 after written request, a taxpayer is permitted to bring an action in their own name and at their own expense (A.R.S. § 35-213). Public monies include all monies coming into the lawful possession, custody or control of state agencies, boards, commissions, departments or a state officer, employee or agent, irrespective of the source or manner in which the monies are received (A.R.S. § 35-212). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1166: permanent guardianship; subsidyPRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Health Health: DP 8-0-0-1317567945Legend:DCS – Arizona Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS – Arizona Department of Child SafetyAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to permanent guardianship and adoption subsidies. ProvisionsPermits permanent guardians attempting to adopt a child to apply to DCS for an adoption subsidy. (Sec. 2)Requires the adoption subsidy rate to be set at the permanent guardianship subsidy rate established by DCS. (Sec. 2)Removes the requirement that an individual apply for all benefits the child is entitled to before being eligible for the subsidy. (Sec. 3)Makes technical and conforming changes. (Sec. 1-3)Current LawFoster parents, or an agency, attempting to adopt a child may apply to ADCS to have the adoption subsidized. Every person must meet adoption agency standards except for the financial ability to support the child. A subsidy cannot be denied on the grounds that the child is placed for adoption through a private agency (A.R.S. § 8-143).An applicant isn't eligible for a subsidy until they have been applied for all other state benefits the child is entitled to. DCS is required to determine the amount of the subsidy, which cannot exceed the maintenance payment allowable for adoption. The subsidy is required to be offset by benefits received from other state or federal programs. ADCS is required to conduct an annual review to determine eligibility for the subsidy (A.R.S. § 8-814).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1380: children; out-of-home placementPRIME SPONSOR: Senator Petersen, LD 12BILL STATUS: Caucus & COWHealth: DPA 8-0-0-1067945Legend:ADHS-Arizona Department of Health ServicesADOT- Arizona Department of TransportationDCS- Department of Child SafetyDocuments- Child's Birth Certificate, ID or Immunization Records Amendments – BOLD and Stricken (Committee)00Legend:ADHS-Arizona Department of Health ServicesADOT- Arizona Department of TransportationDCS- Department of Child SafetyDocuments- Child's Birth Certificate, ID or Immunization Records Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to Documents for children in out-of-home placement. ProvisionsSpecifies that if a child who is at least 16 year old is in the custody of DCS and is placed in out-of-home placement, the provider:Must obtain and provide Documents to the child within 60 days of placement, if the provider is a child welfare agency; andMay obtain and provide Documents to the child if the provider is a licensed foster or kinship foster home. (Sec. 2)Stipulates that ADHS or ADOT must give the provider a requested Document in the provider makes a request and DCS verifies the current placement. (Sec. 2)Requires ADHS to waive any fees charged by an agency for a Document. (Sec. 2)Requires DCS to provide a:Foster or kinship foster parent with the social security number of a child in their THE FOSTER OR KINSHIP FOSTER PARENT'S care for a lawful purpose within 90 days of AFTER the request; and Child in DCS custody, WHO IS AT LEAST 14 YEARS OF AGE, with his or her THE CHILD'S social security card upon WITHIN 120 DAYS AFTER RECEIPT OF A written request of FROM the child. (Sec. 2) REQUIRES DCS TO REQUEST A BIRTH CERTIFICATE FOR A CHILD WHO IS IN DCS CUSTODY AND IS PLACED IN OUT-OF-HOME PLACEMENT WITHIN 30 DAYS OF THE PLACEMENT, UNLESS THE CHILD IS RETURNED TO THE CHILD'S PARENTS DURING THE 30-DAY PERIOD. (Sec. 2)Requires an out of home provider who is providing care for a child who is at least 16-year-old to work with independent living programs to assist the child in meeting career, education and future development planning goals. (Sec. 1) Defines documents. (Sec. 2)Makes technical changes. (Sec. 1)Current LawEach child welfare agency is required to keep records of children in their care as outlined by DCS and must provide any additional information to DCS upon request. (A.R.S. § 8-519) DCS or a licensed child welfare agency may establish an independent living program for children who are the subject of a dependency petition or become an adjudicated dependent. To participate in the independent living program a child must be: In the custody of DCS, a child welfare agency or a tribal welfare agency;At least 17 years of age; and Employed or a full-time student. (A.R.S. § 8-521)Through the transitional independent living program, DCS provides care and services that coincide with an individual's efforts to achieve independence and transition into adulthood. The transitional independent living program is available for individuals who meet the following criteria:Under 21 years of age; andPreviously the subject of a dependency petition, an adjudicated dependent or was the subject of a voluntary placement. (A.R.S. § 8-521.01)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1397: behavioral health; dependent children; reportsPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COW Health: DP 8-0-0-1317520320Legend:AHCCCS – Arizona Health Care Cost Containment SystemDCS – Department of Child SafetyJLBC – Joint Legislative Budget CommitteeAmendments – BOLD and Stricken (Committee)00Legend:AHCCCS – Arizona Health Care Cost Containment SystemDCS – Department of Child SafetyJLBC – Joint Legislative Budget CommitteeAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to AHCCCS and DCS reporting requirements. ProvisionsRequires AHCCCS and DCS to issue quarterly financial and program accountability trend reports through December 31, 2020, rather than 2018. (Sec. 7)Current LawAHCCCS is required to prepare and issue a quarterly financial and program accountability trend report to the Legislature, JLBC and Executive through December 31, 2018. The report is required to use specified factors by geographic service areas for children in the comprehensive medical and dental program.DCS is required to issue a quarterly financial and program accountability trend report to the Legislature, JLBC and the Executive through December 31, 2108. The report is required to use specified accountability factors by county (Laws 2016, Chapter 273, Section 1). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1473: S/E kinship care; aggravated circumstances; dependencyPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COW Health: DPA/SE 9-0-0-0317566675Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to DCS and child placement.ProvisionsRequires DCS to maintain a goal to place infants in their custody into a prospective permanent placement within one year of filing a dependency petition. (Sec. 1)Requires DCS to place a child consistent with the best interests of the child, rather than the needs of the child. (Sec. 2)Stipulates that if a child under the age of three has lived with a foster parent or kinship caregiver for at least nine months, the child is presumed to have a significant relationship with the foster parent or kinship caregiver. (Sec. 2)Requires DCS to consider the following criteria when determining if a placement is in the best interest of a child:Interest of a caregiver in providing permanence if reunification fails;The legal wishes of the child and birth parent;The relationship of the child and child's family with the caregiver;The nearness of the child's family or school to the placement home;The child's behavior and needs in relation to the caregiver's strengths and parenting style;The caregiver's openness to communicate and interact with the birth family;The caregiver's readiness to:Accept the child or child's siblings;Provide or assist in maintaining visitation or other forms of contact between siblings, if the siblings are placed separately;The child's fit with the placement family; The child's behavioral health needs and how they will affect the caregiver and other children; andCompliance with applicable federal law. (Sec. 2)Requires DCS placement of a child in kinship foster care to be determined by the best interests of the child. (Sec. 3)Requires the Kinship Foster Care Program to promote the best interests of a child. (Sec. 4)Removes the requirement that the Kinship Foster Care Program promote the placement of a child with a relative. (Sec. 3)Requires DCS, in a kinship foster care situation, to conduct an initial search with due diligence within 30 days of taking custody of a child to identify and notify adult relatives or persons with a significant relationship with the child. Specifies that the search is ongoing. (Sec. 5)States that DCS must file information with the courts relating to attempts to identify and notify relatives or persons with a significant relationship with a child. (Sec. 5)Requires a dependency petition to include whether DCS believes an aggravating circumstance exists. (Sec. 6)Stipulates that DCS must give the court and other parties written notice at least 15 days before a disposition hearing, if they intend on presenting evidence to show that an aggravating circumstance exists. (Sec. 7)Removes the following placement options for a dependent child being placed by the court:A suitable institution;An association willing to receive a child; andA reputable citizen of good moral character. (Sec. 8)Permits the court to place a dependent child with a licensed foster home if placing the child with its parents is contrary to the child's welfare. (Sec. 8)Requires DCS to file a motion to terminate parental rights within 10 days of the court making a finding that an aggravating circumstance exists, unless it is not in the best interest of the child. (Sec. 8)Modifies the list of aggravating circumstances to include:A child under six months old being exposed to a drug or substance as outlined in statute and both of the following are true:The parent is unable to care for the child because of chronic drug abuse: and Reasonable grounds exist to believe that the parent's drug abuse will continue for a prolonged or indeterminate amount of time.Specifies that an experienced licensed health care provider needs to make the determination regarding a parent's drug abuse. (Sec. 9)Defines licensed health care provider. (Sec. 9)Makes technical and conforming changes. (Sec. 1-3, 6, 8)Current LawDCS may place take temporary custody of a child and place the child in a foster home for care or adoption. DCS is required to place a child in the least restrictive type of available placement. The placement of a child must adhere to a statutorily defined order of placement (A.R.S. § 8-514). DCS runs a Foster Kinship Care Program which promotes children being placed with a family member. Statute outlines requirements for Program applicants which include criminal records checks, home visits and interviews of household members (A.R.S. § 8-514.03).The court is required to consider specified factors to determine if parental unification is to be provided. Reunification is not required if the court finds, by clear and convincing evidence, that an aggravating circumstance exists (A.R.S. § 8-846). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1518: department of child safety; reportsPRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Caucus & COWHealth: DP 8-0-0-1069215Legend:ADHS- Arizona Department of Health ServicesAHCCCS- Arizona Health Care Cost Containment System DCS- Department of Child ServicesFund- Child Safety Expedited Substance Abuse Treatment FundJLBC- Joint Legislative Budget Committee OSPB- Office of Strategic Planning and BudgetingAmendments – BOLD and Stricken (Committee)00Legend:ADHS- Arizona Department of Health ServicesAHCCCS- Arizona Health Care Cost Containment System DCS- Department of Child ServicesFund- Child Safety Expedited Substance Abuse Treatment FundJLBC- Joint Legislative Budget Committee OSPB- Office of Strategic Planning and BudgetingAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to DCS reporting requirements. ProvisionsGeneral Reporting RequirementsRequires DCS to post program and outcome data on its website in a format that can be downloaded and analyzed. (Sec. 4)Requires DCS to: Make the semi-annual or the monthly reporting information available within 60 days after the applicable reporting period; and Notify the President of the Senate, Speaker of the House, the Director of JLBC and the Director of OSPB when an update is made to the semi-annual or the monthly reporting information. (Sec. 4) Annual Reporting RequirementsRequires DCS to make the following information available annually:The percentage of substantiations upheld by the Office of Administrative Hearings;The demographics and number of children placed with relative caregivers; The demographics of kinship foster caregivers;Specified information on the Housing Assistance Program;Children in the Independent Living Program by age, county and education status. The type and cost of services provided to kinship foster care families by licensed and unlicensed caregivers;The cost of services provided to kinship foster caregivers compared to the cost of out of home placement; and The success of DCS at maintaining kinship foster care placements. (Sec. 4)Semiannual Reporting RequirementsRequires DCS to post the following information on a semiannual basis within 90 days of the end of the reporting period: Success in meeting training requirements;Caseloads for child safety workers; The number of:New reports and reports that have been closed;Case carrying caseworkers in each region;Investigations by region; andChildren being served in-home and out-of-home in each region. The number of licensed: Foster homes considered kinship homes; andCommunity foster homes.The ratio of supervisors to specialists by region; and The source and use of federal and state monies in DCS. (Sec. 4)Removes the following semiannual reporting requirements:Descriptions of:Incoming communications that do not meet the criteria of a report as chosen by a random sample; and Reports not responded to as chosen by a random sample. Submission of the report to the Director of the Arizona State Library, Archives and Public Records. (Sec. 4) Monthly Reporting RequirementsRequires DCS to make the following information available monthly:Operations and workforce data that includes: Staff vacancy levels by position category and turnover; Specified personnel information;Hotline performance; Reports received by type of maltreatment, priority and response time;Inactive cases by disposition;Open reports;Entries and exits from the foster care by exit type;Support service provision;Demographics, types of placement and case plan goals of the foster care population; andThe number and type of licensed foster homes that leave the system and the reason for the exit. Financial data that compares:Total expenditures by month, year to date and prior years; Appropriation totals and projected expenditure totals, delineated by appropriation and appropriated fund source. (Sec. 4)Child Safety Expedited Substance Abuse Treatment FundRequires DCS to make the following information available on the DCS website if the Legislature appropriates monies to the Fund: The number and percentage of:Parents and guardians who are offered and complete treatment using Fund monies; andThe number of:Children who remain with or who are returned to the parent or guardian who receives treatment paid for by the Fund and the number of cases in which this occurs; andChildren who receive expedited permanent placement as a result of availability of services paid for by the Fund. (Sec. 5)Requires DCS to provide expedited substance abuse treatment in collaboration with AHCCCS, rather than ADHS. (Sec. 5) Reporting Requirements, Delayed RepealRequires DCS to prepare the first semiannual report by October 1, 2018 for the period beginning April 1, 2018 and ending June 30, 2018. All subsequent semiannual reports must be completed by April 1st and October 1st each year. (Sec. 8)States that DCS must publish the outcome metrics dashboard created for the Legislative Oversight Committee on the DCS website. (Sec. 8)Requires DCS to begin the following by January 1, 2019:Work with stakeholder to identify the necessity of required information included in the reports and any information not currently required to be included in the reports; andReport any recommended changes in reporting requirements to the House Health and Senate Health and Human Services Committee of Reference. (Sec. 8)Repeals reporting requirements on October 1, 2019. (Sec. 8)MiscellaneousAuthorizes DCS to place a child participating in the kinship foster care program with a person who has a significant relationship with the child. (Sec. 2)Repeals and consolidates the following DCS reporting requirements:The Housing Assistance Program;The Kinship Foster Care Program; andThe Independent Living Program. (Sec. 1, 2, 3, 4)Repeals statute relating to financial and program accountability reports for child safety services administered by DCS. (Sec. 7) Makes technical and conforming changes. (Sec. 1, 4, 5, 6)Current LawDCS is required to issue reports on an annual, semiannual and monthly basis. DCS reports include, but are not limited to, information on the following: Housing Assistance Program; Kinship Foster Care Program; Independent living program;Child Welfare Data; andChild Safety Expedited Substance Abuse Treatment Fund. (Title 8, Chapter 4)2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1071: adoption; subsidy; review; nonrecurring expensesPRIME SPONSOR: Senator Brophy McGee, LD 28BILL STATUS: Caucus & COWJPS: DP 9-0-0-0APPROP: DP 8-0-0-5317567945Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS – Department of Child SafetyAmendments – BOLD and Stricken (Committee)AbstractRelating to adoption subsidies and nonrecurring adoption expenses.07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteProvisionsLimits the amount paid by DCS for nonrecurring adoption expenses to $2,000 per petition, instead of $2,000 per eligible child. (Sec 2)Prohibits DCS from paying nonrecurring adoption expenses for a child and siblings or half siblings whose parental rights were terminated within 60 days of each other, unless the children are listed on the same adoption petition.? DCS is permitted to pay separately if good cause exists (determined by DCS). (Sec 2)Allows DCS to determine the frequency of reviews for adoption subsidies. (Sec 1)Makes technical changes. (Sec 1 & 2)Current LawA.R.S. Title 8, Ch. 1 outlines the procedures for adoption.? Articles 2 and 3 provide subsidies and cover expenses related to the adoption of children with special needs (defined in?A.R.S. § 8-141). Subsidies may start when the child is placed or after the decree and vary due to the circumstances. The subsidy may continue until the child reaches 21 if specific criteria are met.? At least once a year, the subsidy amount must be reviewed by DCS to determine if it is appropriate and to consider whether it should continue or be adjusted (A.R.S. § 8-144).Separate from the adoption subsidy, DCS may also pay up to $2,000 of nonrecurring adoption expenses.?A.R.S. § 8-161?defines?nonrecurring adoption expenses?as:"…reasonable and necessary adoption fees, court costs, attorney fees and expenses which are directly related to the legal process of adoption of a child with special needs including costs relating to the adoption study, health and psychological examinations, supervision of the placement before the adoption, transportation and reasonable costs of lodging and food for the child or adoptive parents which are incurred to complete the adoption process, meet federal requirements and are not reimbursed by other sources."Expenses must be submitted within nine months of the final adoption decree and exclusions are outlined in statute. As with the adoption subsidy program, a person who is denied may appeal through the administrative process.?Additional InformationInformation about the DCS budget and adoption subsidy payments can be found?here.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1394: DHS; reporting; abortionsPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COWFPRPP: W/D 0-0-0-0JPS: DPA 6-3-0-0317567945Legend:ADHS-Arizona Department of Health Services AHCCCS-Arizona Health Care Cost Containment SystemAmendments – BOLD and Stricken (Committee)00Legend:ADHS-Arizona Department of Health Services AHCCCS-Arizona Health Care Cost Containment SystemAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to reporting abortion data.ProvisionsProvider Reporting Requirements for Abortion DataProhibits a hospital or facility from including information or identifiers that make it possible to identify a woman who obtained/sought an abortion. (Sec 1)Expands two sets of information that must be reported to ADHS by the hospital or facility performing the abortion: The reason for the abortion must be indicated using at least one of the following:Economic reasons;Woman doesn't want kids now;Woman's emotional health;Woman's physical health;Woman will suffer substantial impairment of major bodily function if pregnancy continues;Pregnancy was the result of rape;Pregnancy was the result of incest; Pregnancy resulted in fetal anomalies;Relationship issues (abuse/separation/divorce/extramarital affair);Other; orUnknown/woman refused to answerAny known medical complication resulting from the abortion must include at least one of the following:Shock; Uterine perforation;Cervical laceration requiring suture or repair;Heavy bleeding/hemorrhage with specific blood loss;Aspiration or allergic response;Post-procedure infection;Sepsis;Incomplete abortion requiring re-evacuation;Damage to uterus;Failed termination of pregnancy;Death of patient;Other; orNone. (Sec 1)Adds four new reporting requirements as follows: A new category designating the medical specialty of the physician performing the abortion:OBGYN;General/Family practice;Emergency medicine; orOther.A new category for the type of admission:Outpatient at abortion clinic;Outpatient at hospital;Inpatient at hospital; orOutpatient at health care institution.Whether anesthesia was administered to the mother or unborn child. (Sec 1)Expands the reporting requirement for a provider who treats a woman in need of care due to a complication resulting from abortion to include the same specific complications referenced above in the hospital/facility report. (Sec 2)Adds new reporting requirements for physicians providing informed consent information. Providers must report to ADHS the number of:Women who receive specific medical information regarding the procedure and treatment by a physician, along with whether the information was provided in the person's capacity as:A referring physician; orThe physician who would perform the abortion. Women who receive information about benefits and assistance options from medical or behavioral health professionals, along with:Whether the information was provided in the person's capacity as a referring physician or as the physician who would perform the abortion;The number of notifications provided by each type of health or behavioral health practitioner.Ultrasound/fetal heart auscultation services provided, along with: Whether the information was provided in the person's capacity as a referring physician or as the physician who would perform the abortion; andHow many were performed by the:Physician; orAnother person working with the physician. (Sec 3)Abortions provided where informed consent information was not provided 24 hours before the procedure due to:A medical emergency to avert the woman's death; orA medical emergency to avert substantial or irreversible impairment of major bodily function. (Sec 3)Prohibits the report from identifying the patient or including any identifier that would make it possible to identify a woman who obtained or sought an abortion. (Sec 3)Outlines the process and timeframe for submitting the report. (Sec 3)Annual ADHS Statistical Report of Abortion DataExpands the ADHS Annual Statistical Report to include:Breakdown by month of all reasons for abortions;Breakdown by month of the number of abortions performed/prescribed by each hospital and facility;All data outlined in the provider reports;ADHS must confidentially maintain information that alone or in combination could identify a person who performed the abortion or had the abortion using epidemiologic principles;Statistics from AHCCCS including:Total number of abortions partially or fully paid for with state monies through AHCCCS;Total amount of state monies used to pay for these abortions and incidental expenses;Total number of abortions paid for with state monies and performed out of state. (Sec 4)MiscellaneousContains a delayed effective date of January 1, 2019. (Sec 5)Makes technical and conforming changes. (Sec 1, 2, 4)Current LawA.R.S. Title 36, Ch. 20, Article 2 outlines abortion reporting requirements. A.R.S. § 36-2161 requires a hospital or facility where abortions are performed to report to ADHS specific information about each abortion performed. Under this section, information cannot be included that would identify the individual patient by name. Generally, reports required under the Article cannot include names, common identifiers or other information that would make it possible to identify anyone who seeks or has obtained an abortion.Separate reporting requirements exist for health professionals who provide medical care related to complications from abortions (A.R.S. § 36-2162). A.R.S. § 36-2163 requires ADHS to collect all abortion reports and complication reports and prepare a Comprehensive Annual Statistical Report. The statute includes specific information that must be included in the report, such as: A breakdown of the number of abortions by gestational age of the unborn child at the time of the abortion, and The type of procedure performed.A.R.S. § 36-2153 requires abortions to be performed only with the voluntary and informed consent of the woman, except in the case of a medical emergency. The statute outlines the requirements for informed consent. Relevant definitions for this Chapter are found in A.R.S. § 36-2151. Additional InformationThe most recent ADHS Comprehensive Annual Statistical Report is available here. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1395: temporary custody without court orderPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COWJPS: DPA 8-1-0-0317577470Legend:DCS-Department of Child SafetyAmendments – BOLD and Stricken (Committee)00Legend:DCS-Department of Child SafetyAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to taking temporary custody of a child.ProvisionsRequires the court to find probable cause exists, instead of reasonable grounds, for the temporary removal of a child in specific circumstances. (Sec 1)Applies an independent probable cause standard to taking a child's sibling into temporary custody. (Sec 1)Replaces the current probable cause standard for taking a child into temporary custody without a court order, with a requirement that exigent circumstances exist. (Sec 1)Defines exigent circumstances as probable cause to believe that the child is likely to suffer serious harm before a court order could be obtained, and either:There is no less intrusive alternative that would reasonably and sufficiently protect the child; orThe child is a suspected victim of a sexual abuse offense or an offense abuse involving serious physical injury that can only be diagnosed by a physician or health care provider with specific training in child abuse evaluation. (Sec 1)(JPS)Removes the consideration as to whether a parent is willing to participate in services when determining if a child should be taken into temporary custody. (Sec 1)Requires the physician or health care provider who evaluates a child due to suspected physical or sexual abuse to be licensed. (Sec 1)States that a juvenile taken into temporary custody cannot be held at a police station, jail or lockup where adults or juveniles charged with crimes are detained. (Sec 1)Permits a law enforcement officer to use reasonable force to enter a place where the person subject to temporary removal is or is reasonably believed to be. (Sec 1)Makes conforming changes. (Sec 1)Current LawA.R.S. § 8-821 outlines the process for taking a child into temporary custody to protect the child from suffering abuse or neglect. Laws 2017, Ch. 282 amended this section by providing the option for the temporary removal of a child without a court order. Under this law, a child may be taken into temporary custody by a peace officer, child welfare investigator or child safety worker if it is clearly necessary because probable cause exists to believe that the child is:A victim/imminent victim of abuse or neglect in the time it would take to obtain the court order;Suffering serious physical/emotional injury;Physically injured living on the premises where dangerous/narcotic drugs are being manufactured; orReported by DCS as missing at the risk of serious harm.Statute requires the court, DCS worker or peace officer to consider the child's health and safety as a paramount concern in determining whether to take a child into temporary custody, along with whether the parent is willing to participate in services. A child cannot be kept in temporary custody for more than 72 hours without the filing of a dependency petition (excluding Saturdays, Sundays and holidays). Laws 2017, Ch. 282 will become effective on July 1, 2018. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB1379: flood protection districts; divisions; electorsPRIME SPONSOR: Senator Pratt, LD 8BILL STATUS: Caucus & COWLARA: DPA 9-0-0-0317577470Legend:BOS – Board of SupervisorsDistrict – Flood Protection DistrictAmendments – BOLD and Stricken (Committee)00Legend:BOS – Board of SupervisorsDistrict – Flood Protection DistrictAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to Flood Protection Districts.ProvisionsRequires the county BOS to divide the District into either three or five divisions. (Sec. 1) (EENR)Provides for the election of a director for each division and requires the director to be: an elector and landowner; ora qualified elector. (Sec. 1) (EENR)Allows for the election of one additional director at large for each division if requested in the organizing petition. (Sec. 1) (EENR)REQUIRES A DISTRICT TO BE GOVERNED BY A BOARD OF THREE OR FIVE DIRECTORS ELECTED AT LARGE. (EENR)SPECIFIES ANY PERSON WHO IS ELIGIBLE TO VOTE IN AN ELECTION IS ELIGIBLE TO SERVE AS A DIRECTOR. (EENR)Specifies a person must be a qualified voter and an owner of real property located in the District in which taxes have been paid to:be eligible to vote in a District election; and organize a new District. (Sec. 1) (EENR)Allows an administrator or executor of the estate of a deceased person and the guardian of a minor or incompetent person as appointed by the State to register and cast a vote of the estate or person represented in a District election. (Sec. 1)Expands those who are eligible to register and cast a vote in a District election to include the following, provided the person whose name is on the property's title in the District and is current on taxes:the designated officer or agent of a corporation;the designated general partner of a partnership;the trustee of a trust; andthe designated member or manager of a limited liability company. (Sec. 1)MAKES CONFORMING CHANGES. (Sec. 1, 2) (EENR)Current LawA District is organized to develop protection or relief from overflow, washing waters or the threat of waters of any natural watercourse, stream, canyon or wash. A District is established when five or more title holders to improved lands subject to the flooding hazards file a petition with the county BOS (A.R.S. § 48-2811).Person means a corporation, company, partnership, firm, association or society, as well as a natural person (A.R.S. § 1-215).Additional InformationLaws 2005, Chapter 257 expanded the pool of qualified voters, required the county BOS to divide the Districts into three or five divisions, allowed any qualified voter to be elected as director of a division, and included a repeal date of January 1, 2016.Laws 2012, Chapter 222 allowed landowners who do not live within the District's boundaries but who owned land and were registered to vote, to be elected as a director. 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1201: county treasurer; electronic records; liensPRIME SPONSOR: Senator Worsley, LD 25BILL STATUS: Caucus & COWLIA: DP 7-0-0-0317520320Legend:BOS-Board of SupervisorsAmendments – BOLD and Stricken (Committee)00Legend:BOS-Board of SupervisorsAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the county treasurer and electronic records.ProvisionsPermits the county treasurer to: Keep electronic records of receipts and expenditures of monies;Issue an electronic receipt for all monies the treasurer receives; andElectronically validate receipts of monies. (Sec. 1)Allows a copy of a receipt received by the treasurer to be delivered to the clerk of the BOS or their designee. (Sec. 1)Currently, a copy of receipt may only be delivered to the clerk of the BOS (A.R.S § 11-494).3. Makes technical and conforming changes. (Sec. 1)Current LawThe county treasurer is required to receive all monies of the county and other monies directed by law and to keep an account of the receipt and expenditures of such money. The county treasurer must disburse the monies by warrant issued by the BOS or electronic transfer with authorization from a person of the governing board or as otherwise provided by law (A.R.S § 11-493).The county treasurer must issue a receipt of all monies the treasurer receives. The receipts must be in standard format, numbered consecutively, issued by their serial order and signed or validated by the county treasurer. When the receipts are issued, the treasurer must deliver a copy to: the person paying the money, the clerk of the BOS and, in the case of school district deposits, the county school superintendent (A.R.S § 11-494).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1247: health insurance; mandated provision prohibitedPRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COWLIA: DP 4-3-0-0317566040Legend:FTE – full time equivalent employeesAmendments – BOLD and Stricken (Committee)00Legend:FTE – full time equivalent employeesAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to municipal and county health insurance mandates. ProvisionsProhibits a city, town or county from requiring an employer to provide health insurance to its employees. (Sec. 1, 2)Asserts that the regulation of health insurance is of statewide concern and not subject to further municipal or county regulation. (Sec. 1, 2)Additional InformationCurrently, an applicable large employer with at least 50 FTE's that does not offer health insurance and meets certain minimum requirements to its employees and their dependents may be subject to specified penalties. Applicable large employers are determined based off the number of FTE's and part time employees, based off the number of hours and days worked during the calendar year (26 U.S.C. § 4980H). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1431: memorial; veterans; suicidePRIME SPONSOR: Senator Barto, LD 15BILL STATUS: Caucus & COWMVRA: DP 7-2-0-03175-27940Legend:ADOA – Arizona Department of AdministrationGLMC – Governmental Legislative Mall Commission Amendments – BOLD and Stricken (Committee)00Legend:ADOA – Arizona Department of AdministrationGLMC – Governmental Legislative Mall Commission Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to a memorial for veterans who have committed suicide. ProvisionsAuthorizes ADOA to provide for the placement of a memorial in the governmental mall commemorating veterans who have committed suicide due to unresolved post-traumatic stress and traumatic brain injury. (Sec. 1)Specifies that all fundraising and contracts for artistic design and construction of the memorial are the sole responsibility of the proponents. (Sec. 1)Contains a repeal date of October 1, 2021. (Sec. 1)Current LawAll monuments and memorials in the governmental mall must be authorized by legislation. For a monument or memorial to be placed in the government mall, the proponents must first submit a concept to ADOA for the design and location for the memorial. ADOA must then review the concept and determine the most appropriate location and dimensions for placement in the governmental mall. After the review, ADOA must submit its recommendations to the GLMC. Once the review and recommendation process is completed, ADOA and the GLMC must finalize the plans for the monument and the proponents of the bill must enter into a contract with ADOA specifying the conditions of the design, dimensions, location of the monument or memorial and other specified information. The approved monument must be built within two years of the effective authorization date (A.R.S § 41-1363).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1496: prisoners; drug sentences; out-of-custody treatmentPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus & COW MVRA: DP 8-0-0-1 APPROP: DP 9-0-0-4317567945Legend:ADC – Arizona Department of CorrectionsDirector – Director of the Department of CorrectionsACJC – Arizona Criminal Justice CommissionAmendments – BOLD and Stricken (Committee)00Legend:ADC – Arizona Department of CorrectionsDirector – Director of the Department of CorrectionsACJC – Arizona Criminal Justice CommissionAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to transition programs for inmates.ProvisionsProhibits a county attorney, if the attorney administers a felony pretrial intervention program, from excluding a person from participating in the program solely based upon the person being a repeat offender. (Sec. 1)Requires inmates, who are not concurrently serving another sentence for an offense, to be eligible for and enter a transition program if they have been convicted of the possession or use of the following:Marijuana;A dangerous drug; A narcotic drug; and Drug paraphernalia. (Sec. 2)Prohibits the Director from excluding an inmate who is eligible for the transition program because the inmate does not have a place to reside before being released. (Sec. 2)Requires the Director to exclude an inmate who has any of the following:Previously been convicted of a violent crime that resulted in death or physical injury and a sexual offense including sexual exploitation of children;A felony detainer;Been found to be in violation of a major violent rule during the inmate's current period of incarceration or to be in violation of any other major rule within the previous six months.An accumulation of minor rule violations does not equal a major rule violation.Previously been released and violated a term of the inmate's release. (Sec. 2)Removes the requirement that felony pretrial intervention programs provide substance abuse treatment, cognitive behavioral therapy and case management services to nonrepetitive offenders. (Sec. 3)Permits a county attorney to place people who are repeat offenders in felony pretrial intervention programs. (Sec. 3)Makes conforming changes. (Sec. 1,2)Current LawADC has established a transition program that provides eligible inmates with transition services in the community for up to 90 days. ADC must administer the transition program and contract with private or nonprofit entities to provide eligible inmates with transition services. The eligibility criteria for inmates receiving transition services are as follows: 1) the inmate must not have been convicted of a sexual offense, 2) be classified by ADC as a low violence risk to the community, 3) not have been convicted of a violent crime or domestic violence offense, 4) has no felony detainers, 5) the inmate must agree in writing to provide specific information after they are released for use in an ADC report, 6) the inmate must show satisfactory progress by complying with all programming on their individualized corrections plan, 7) the inmate must be classified by ADC as minimum or medium custody as determined by an objective risk assessment and 8) the inmate must not have been found in violation of any major violent rule during their current period of incarceration or in violation of any other major rule within the previous six months (A.R.S. § 31-281). Laws 2017, Chapter 286 appropriated $2,750,000 from the penitentiary land fund, the Arizona charitable, penal and reformatory institutions land fund and the inmate store proceeds fund in FY 2018 to the ACJC so the money could be proportionately distributed to county attorney offices that are in counties with a population of less than three million people for administering felony pretrial intervention programs. Currently, felony pretrial intervention programs provide substance abuse treatment, cognitive behavioral therapy and case management services to nondangerous, nonrepetitive offenders.2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1401: ignition interlock device; installer; manufacturerPRIME SPONSOR: Senator Worsley, LD 25BILL STATUS: Caucus & COW TI: DP 7-0-0-1317567310Legend:ADOT – Arizona Department of TransportationDirector – Director of the Arizona Department of TransportationIID – Ignition interlock device MVD – Motor Vehicle DepartmentAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationDirector – Director of the Arizona Department of TransportationIID – Ignition interlock device MVD – Motor Vehicle DepartmentAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to ignition interlock devices.ProvisionsRequires a manufacturer to report to ADOT in real time if a person fails to comply with IID's requirements including perform any set of three consecutive rolling retests that occur while operating the vehicle. (Sec. 2)Specifies the notification sent to a parent or legal guardian of a minor's noncompliance relating to an IID is upon request. (Sec. 2)Requires ADOT to extend an ignition interlock restricted or limited driver license for six months if the person fail to properly perform any set of rolling retests. (Sec. 2)Prohibits the assistant director of MVD from certifying an IID unless:The IID is repaired or modified only by the manufacturer; andThe IID's reporting requirements originate from the device manufacturer. (Sec. 3)Requires the manufacturer, rather than the device's service provider, to notify ADOT that an IID has been removed from a vehicle. (Sec. 4)Removes the requirement that the Director adopt rules to terminate an ignition interlock service provider's contract. (Sec. 5)Requires the application for authorization for an ignition interlock service provider to be summitted by the manufacturer. (Sec. 6)Decreases the number of days an applicant may submit a written request for a hearing relating to a denied application from 30 to 15 days. (Sec. 6)Removes the requirement that an ignition service provider to have at least one readily accessible service center in each county, a sufficient number of service locations in each county and designated population centers. Requires an ignition interlock service provider have at least one service center in each county. (Sec. 6)Removes the requirement for ADOT to establish designated population areas and the number of locations required for a sufficient number of readily accessible service centers. (Sec. 6)Defines rolling retest as a breath alcohol test that is required after the motor vehicle is started and is in addition to the initial test when the vehicle is started. (Sec. 1)Redefines manufacturer to include an organization based in the US that designs, constructs or produces an IID. (Sec. 1)Defines circumvent or circumvention relating to false operation of an IID. (Sec. 1)Modifies the definitions of tampering and technician. (Sec. 1)Contains a retroactive effective date of June 30, 2018. (Sec. 7)Makes technical and conforming changes. (Sec. 1-2, 6)Current LawAn IID is a device based on alcohol specific electrochemical fuel sensor technology that connects a breath analyzer to a motor vehicle's ignition system, constantly available to monitor the concentration by weight of alcohol in the breath of a person attempting to start the motor vehicle (A.R.S. § 28-1301). After an arrest for driving under the influence the court may order a person to equip any motor vehicle the person operates with a certified IID (A.R.S. § 28-1381). The Director is required to adopt rules for the administration and enforcement of certifying and decertifying IIDs (A.R.S. § 28-1465). The IID service provider is required to transmit a record of circumstances of noncompliance to ADOT daily which include: 1) tampering or circumvention of the IID; 2) failure to provide prescribed proof of compliance or inspection of the IID; and 3) any attempt to operate the vehicle with an alcohol concentration exceeding the presumptive limit (A.R.S. § 28-1461).2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1502: ignition interlock device; incarceration creditsPRIME SPONSOR: Senator Smith, LD 11BILL STATUS: Caucus & COWTI: DP 8-0-0-0317569215Legend:ADOT – Arizona Department of TransportationDUI – Driving Under the InfluenceIID – Certified Ignition Interlock DeviceAmendments – BOLD and Stricken (Committee)00Legend:ADOT – Arizona Department of TransportationDUI – Driving Under the InfluenceIID – Certified Ignition Interlock DeviceAmendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to IID requirements.ProvisionsInstructs ADOT to reduce the time that a person is required to have a functioning IID installed in a motor vehicle by the length of time that the person is incarcerated for a DUI or aggravated DUI that did not involve intoxicating liquor. (Sec. 1)Makes a conforming change. (Sec. 1)Current LawThe court may order a person who is convicted of a DUI or aggravated DUI offense that does not involve intoxicating liquor to equip any vehicle that person drives with an IID. The IID may be required for more than 12 months after reinstatement of the person's driving privileges or ADOT's receipt of the conviction report, whichever occurs later (A.R.S. §§ 28-1381 and 28-1383).The minimum incarceration periods for DUI and aggravated DUI offenses range from 10 days to 8 months (A.R.S. §§ 28-1381 and 28-1383). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1405: corporate income tax allocation; salesPRIME SPONSOR: Senator Fann, LD 1BILL STATUS: Caucus & COW WM: DP 7-0-0-2317566675Legend:Amendments – BOLD and Stricken (Committee)00Legend:Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to sourcing of corporate income from the sale of intangibles.ProvisionsAuthorizes a taxpayer that is a multistate service provider to include sales from intangibles in its calculation of the percentage of revenues generated within or outside of Arizona, for the purposes of being able to elect the revenue sourcing method. (Sec. 1) Defines sales from intangibles as sales derived from credit and charge card receivables, including fees, merchant discounts, interchanges, interest and related revenue. (Sec. 1)Becomes effective on January 1, 2020. (Sec. 2)Makes technical changes. (Sec. 1)Current LawFor the purposes of corporate revenue sourcing, all sales, excluding tangible personal property, are considered to be in the state of Arizona if, 1) the income-producing activity is performed in this state, or 2) if the activity is performed both inside and outside of the state, but the largest proportion of activity is performed in the state. However, an exception is granted to multistate service providers. A multistate service provider is either: 1) a taxpayer that derives more than 85% of its sales from services provided to individuals outside of the state, or 2) a regionally accredited institution of higher education with at least one university campus in the state that has more than 2,000 students residing on campus. A multistate service provider is authorized to treat all sales in Arizona as being solely those sales from services in which the purchaser received the benefit in Arizona, excluding any sales in which the purchaser received the service outside of the state (A.R.S § 43-1147). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSB 1467: STOs; corporations; caps; scholarship eligibilityPRIME SPONSOR: Senator Yarbrough, LD 17BILL STATUS: Caucus & COWWM: DP 6-3-0-0317567945Legend:CPI – Consumer Price Index ESA – Empowerment Scholarship AccountGED – General Equivalency Diploma STO – School Tuition Organization Amendments – BOLD and Stricken (Committee)00Legend:CPI – Consumer Price Index ESA – Empowerment Scholarship AccountGED – General Equivalency Diploma STO – School Tuition Organization Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to STO scholarship and grant eligibility. ProvisionsCorporate Donations for Low-Income Scholarships (Sec. 4)Expands STO scholarship or grant eligibility criteria to include children who:Are homeschooled or moved to this state before enrolling in a qualified school; orAttend a qualified school for at least 90 days and receive ESA monies. Increases the individual scholarship or grant cap, beginning in 2019, by the percentage of the annual increase in the Metropolitan Phoenix CPI or two percent, whichever is greater. Currently, the limit increases by $100 each year (A.R.S. § 43-1504).Permits a STO to issue a scholarship or grant in an amount not greater than the full tuition cost, regardless of the cap, if the student's family income does not exceed the limit to qualify a child for reduced-price lunches.Corporate Donations for Displaced or Disabled Students (Sec. 5)Expands the definition of qualified student to include a student who attends a qualified school for at least 90 days and receives ESA monies. Prohibits the amount of a scholarship or grant issued by a STO from exceeding the cost of tuition. Currently, the scholarship or grant amount may not exceed cost of tuition or 90% of the amount of state aid computed for the student, whichever is less (A.R.S. § 43-1505). ESAModifies the eligibility criteria for ESAs by:Including students who have received a low-income STO scholarship; and Removing the requirement that students previously attend public school. (Sec. 1 2)Currently, the student must have received displaced or disabled scholarship monies and attended a public school for at least 90 days of the prior FY or one full semester (A.R.S. § 15-2401). Prohibits a student from accepting a scholarship or grant from an STO concurrently with an ESA. (Sec. 4, 5)Miscellaneous Prohibits an STO from requiring an applicant or their family to provide a good or service that benefits the STO in exchange for a scholarship or grant. (Sec. 3)Contains a technical conditional enactment clause. (Sec. 2)Makes technical and conforming changes. (Sec. 1-5)Current LawA STO is established to receive contributions from taxpayers to pay for educational scholarships and grants to allow students to attend any qualified school of their parents' or custodians' choice. To be eligible for certification, a STO must meet statutorily outlined requirements (A.R.S. § 43-1503). A STO that receives contributions from corporations must use at least 90% of the contributions to provide scholarships and grants to qualified individuals. Low-income scholarships and grants are provided to children whose family income does not exceed 185% of the limit to qualify a child for reduced-price lunches and who: 1) attended a public school as a full-time student or attended a preschool that offers services to students with disabilities for at least 90 days and transferred to a private school; 2) enrolls in a kindergarten or preschool program that offers services to students with disabilities; 3) is the dependent of a member of the U.S. Armed Forces stationed in this state; or 4) received a scholarship or grant under any of the aforementioned criteria and continue to attend a private school (A.R.S. § 43-1504). Scholarship and grant monies may also be provided to qualified students, which includes students attending a qualified school who have either been placed in foster care before graduating high school or receiving a GED or are identified as having a disability. A qualified school includes a private school or a preschool that offers services to students with disabilities. (A.R.S. §§ 43-1501 and 43-1505). 2362835-32258000ARIZONA HOUSE OF REPRESENTATIVESSCR 1007: senior property valuation freeze; incomePRIME SPONSOR: Senator Griffin, LD 14BILL STATUS: Caucus & COWWM: DP 7-0-0-2317567310Legend:SOS – Secretary of state Amendments – BOLD and Stricken (Committee)00Legend:SOS – Secretary of state Amendments – BOLD and Stricken (Committee)Abstract07981950? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal Note00? Prop 105 (45 votes) ? Prop 108 (40 votes) ? Emergency (40 votes)? Fiscal NoteRelating to the senior property valuation freeze program. ProvisionsUpon voter approval: Clarifies that gains realized on equity and interest-bearing investments, not including any amount of the original investment recovered in the transaction, are considered in determining eligibility for the senior valuation freeze program.Makes technical changes. Directs the SOS to submit the proposition to the voters at the next general election. Current LawAn Arizona resident who is 65 or older may apply for a property valuation protection option on their primary residence. To qualify, the person must have resided on the property for at least two years, and the applicant's total income may not exceed the supplemental security income benefit rate by either 400% ($36,000 in 2018) if one person owns the property, or 500% ($45,000 in 2018) if two or more people own the property. If the county assessor approves a property valuation protection option, the full cash value of the primary residence is fixed. To remain eligible, qualifying residents must apply every three years (Article IX, Sec 18, Constitution of Arizona). ................
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