SB Leadership Council
49th Legislature - 2nd Regular Session, 2010 Saturday, Jul 31 2010 9:15 PM
Bill summaries and histories copyright 2010 Arizona Capitol Reports, L.L.C.
Small Biz Leadership Council

H2260 (Chapter 287): REGULATORY RULE MAKING   The process for proposing that health insurance policies include mandated coverage for specific illnesses or conditions is changed to require submission of the proposal to the Joint Legislative Audit Committee for assignment to the appropriate legislative committee of reference, which is required to hold at least one hearing before the start of the legislative session at which the proposal will be considered. The hearing shall include public testimony, and the committee must make a recommendation. Statutes governing regulatory rule making are changed to include creation of a “general permit” which must be used if the class of regulated activities are substantially similar in nature. By Dec. 31, 2013, the Secretary of State must establish an online, searchable database of state agency rules. By Dec. 31, 2014, the database must be expanded in scope and must include links to county information; information from cities must be added by Dec. 31, 2015. Requires Senate confirmation of appointees to the Governor’s Regulatory Review Council. Subject to sufficient legislative appropriation, the Governor's Office of Strategic Planning and Budgeting is required to prepare an economic, small business and consumer impact statement for each new or revised agency rule. The list of items the council must consider before approving a proposed agency rule is expanded to include a demonstration by the agency that it has selected the alternative that imposes the least burden and costs to the regulated community, that the rule is not more stringent than corresponding federal law (absent specific statutory authority to the contrary) and, if the rule proposes a new permit, that the agency authorizes a general permit. A 10-member Commission on Privatization, Efficiency and Competition is formed to seek, evaluate and review opportunities to contract with private enterprise. If a person or entity accuses a state agency (including community college or university) of not encouraging competition and privatization, the person or entity may file a complaint with the commission. The agency then has 45 days to respond to the complaint to indicate whether it concurs with or denies the complaint and to describe any necessary or contemplated remedial action. An aggrieved party’s right to seek judicial remedy is not precluded by these provisions. A person may petition the Dept of Environmental Quality to classify any source of air pollution to be subject to a general permit rather than an individual permit. Rejection of the petition is an appealable agency action. Minor emissions of an air pollutant do not violate the terms of a permit if (a) they are caused by routine maintenance, repair or replacement; or (b) they are the result of increased hours of operation as long as the increase is not prohibited under the current permit. AS SIGNED BY GOVERNOR. First sponsor: Rep. Tobin Single-List Comments:

SUPPORT

 5/10
signed by governor. Chap. 287, Laws 2010.
H2320: INSURANCE; MENTAL HEALTH COVERAGE; PARITY   Accountable health plans that offer a health benefits plan providing mental health services or benefits cannot imposing any treatment limitations or financial requirements on mental health services or benefits that are not imposed on other services or benefits. First sponsor: Rep. Patterson
Others: Rep. Ableser, Rep. Chad Campbell, Rep. Deschene, Rep. Heinz, Rep. McGuire, Rep. Pancrazi, Rep. Sinema, Rep. Young Wright		 Single-List Comments:

OPPOSE

 1/19
referred to House bank-ins, com.
H2357: AHCCCS; MEMBERS; EMPLOYERS; REPORTS   AHCCCS members are required to identify their employers and their spouse's employers. AHCCCS is required to submit an annual report to the Legislature and governor listing each employer identified, the total number of persons employed by each and the total number of employees who are enrolled in AHCCCS. First sponsor: Rep. Sinema
Others: Rep. Chad Campbell, Rep. Patterson		 Single-List Comments:

OPPOSE

 1/19
referred to House com, hel-hu ser.
H2443: HEALTH CARE COVERAGE; CHOICE   If federal law requires citizens to purchase health insurance and gives states the right to decline a public plan option, Arizona shall not offer the public plan option. Arizona shall not enact any law to compel any person, employer, or health care provider to participate in any health care system. First sponsor: Rep. Burges
Others: Rep. Antenori, Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Biggs, Rep. Boone, Rep. Court, Rep. Crump, Rep. Driggs, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Konopnicki, Rep. Lesko, Rep. Mason, Rep. McComish, Rep. McLain, Rep. Montenegro, Rep. Nichols, Rep. Pratt, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Tobin, Rep. Jim Weiers, Rep. Williams, Rep. Yarbrough, Sen. S. Allen, Sen. Gorman, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Huppenthal, Sen. Melvin, Sen. Nelson, Sen. Pearce, Sen. Verschoor		 Single-List Comments:

SUPPORT

 2/3
House hel-hu ser held.
S1348: REGULATORY REVIEW; RULE-MAKING   By Jan. 1, 2013, the Secretary of State must establish an online, searchable database of state agency rules. A similar database for counties must be established by Jan. 1, 2014, and for municipalities by Jan 1, 2015. State agencies are authorized to use an expedited procedure called "summary rule making" to repeal obsolete or other rules it deems necessary as long as the repeal does not increase the cost of compliance or compromise procedural rights of the entity regulated. The standard of proof to be used by the Governor's Regulatory Review Council to determine whether the probable benefits of a proposed rule outweighs the probable costs is established as clear and convincing. A 10-member Commission on Privatization, Efficiency and Competition is formed to investigate complaints that the state has violated the prohibition against competition with the private sector. A person or legislator advocating mandated health insurance coverage must, by September 1 before the start of the legislative session, submit a report to the Joint Legislative Audit Committee. JLAC must assign the report to a committee of reference to hold at least one hearing, take public testimony, and submit a report of its recommendations to JLAC, the Legislature, and the Governor by December 1. Session law extends the moratorium on rule making another year to include FY 2010-2011. AS PASSED SENATE. First sponsor: Sen. Burns Single-List Comments:

SUPPORT

 4/5
referred to House com.
S1372: SALES TAX; BROADEN THE BASE   Creates a sales tax classification for services, thereby applying sales tax to businesses offering personal care services, education (such as trade schools and dance studios), automotive services, household maintenance and cleaning services. Removes the exemption from sales tax for sales of warranty or service contracts. Eliminates the sales tax credit for the cost of accounting and reporting sales tax. Due to a potential increase in state revenue, this bill requires the affirmative vote of at least 2/3 of each house of the Legislature for passage (per Prop 108). First sponsor: Sen. Garcia Single-List Comments:

OPPOSE

 2/17
Senate fin FAILED 1-6.
clear