Legal and Regulatory Reform Issue Committee
51st Legislature - 1st Regular Session, 2013 Wednesday, Dec 13 2017 7:06 PM

BILL NUMBER/
SHORT TITLE
SUMMARY CUSTOM
SUMMARY
SPONSORS POSTED HEARINGS
& CALENDARS
COMMENTS LAST ACTION
H2007:
BALLOT MEASURES; PROP 105 DISCLOSURE  
For ballot propositions that make statutory changes, a statement that the measure can never be changed except by a 3/4 vote of the Legislature or by referring the change to the ballot must be printed on the official ballot, included in the publicity pamphlet printed by the Secretary of State, and included on any advertisement or literature to support or oppose the measure. Severability clause. AS PASSED HOUSE. First sponsor: Rep. Ugenti   General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position


3/19
from Senate rules with a technical amendment.
H2017:
PRESIDENTIAL PREFERENCE ELECTION DATE  
The date of the Arizona presidential preference election is changed to the same date as the Iowa presidential caucuses. If the Iowa caucuses are no longer the earliest of the state presidential primaries, the Governor is required to issue a proclamation that the presidential preference election is to be held on an earlier date. First sponsor: Rep. Lovas   General Comments (all lists):

MONITOR


1/29
referred to House jud.
H2035:
RESIGN TO RUN; PUBLIC DECLARATION  
An elected official is no longer required to resign to run upon "formal public declaration of candidacy" for another elected office, thereby requiring resignation only on the filing of nomination papers for another office. First sponsor: Rep. Kavanagh   General Comments (all lists):

MONITOR



H2156 (Chapter 88):
ELECTIONS; PUBLIC RESOURCES PROHIBITED  
The state and all political subdivisions are prohibited from spending or using public resources to "influence an election" (defined), including the use or expenditure of monies, accounts, credit, equipment, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages and "any other thing of value." The prohibitions on using municipal, county, school district, charter school, community college or university resources for the purpose of influencing elections are each expanded to specifically include monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, webpages and "any other thing of value." Some exceptions, including for "government-sponsored forums or debates" (defined) if the government sponsor remains impartial and the events are purely informational. The Attorney General, county attorney or any resident of the jurisdiction that is alleged to have committed a violation of this prohibition may file an action in superior court to enforce this legislation. Any person or public entity that knowingly violates this prohibition or aids another person or public entity in violating this prohibition is liable for a civil penalty of up to $5,000 for each violation. The court may also order an additional penalty in an amount equaling the value of the public resources unlawfully used. The person determined to be out of compliance is responsible for the payment of all penalties and misused funds, and public funds or insurance payments cannot be used to pay the penalties or misused funds. AS SIGNED BY GOVERNOR. First sponsor: Rep. Kavanagh   General Comments (all lists):

MONITOR


4/11
signed by governor. Chap. 88, Laws 2013.
H2160:
ELECTION REFORM STUDY COMMITTEE  
Establishes a 9-member Election Reform Study Committee to research and report on various election-related items, and to recommend legislation to address problems identified and to meet specified goals. The Committee must submit a report to the Speaker of the House of Representatives and the President of the Senate by March 1, 2013. Self-repeals October 1, 2013. Emergency clause. First sponsor: Rep. Campbell
Others: Rep. Dalessandro, Rep. McCune Davis, Rep. Quezada, Rep. Wheeler
  General Comments (all lists):

MONITOR


1/22
referred to House jud.
H2166:
LIMITED LIABILITY COMPANIES; SERIES  
The articles of organization or operating agreement of a limited liability company may create one or more "series of members" (defined). A series may have different voting rights, separate powers or duties, and a separate business purpose or investment objective. The debts and expenses of one series are enforceable against the assets of that series only and not against the assets of the LLC if specified conditions are met, and the debts and expenses of the LLC generally are not enforceable against the assets of the series. Effective January 1, 2015. AS PASSED HOUSE. First sponsor: Rep. Dial
Others: Rep. Forese, Sen. McComish, Rep. Robson
  General Comments (all lists):

MONITOR


3/13
Senate com-energy-mil held.
H2173 (Chapter 204):
UNEMPLOYMENT INSURANCE; OMNIBUS  
Various changes relating to unemployment insurance. The Department of Economic Security is authorized to issue unemployment insurance (UI) tax anticipation notes during FY2013-14 in an amount not to exceed the lesser of $200 million or the amount sufficient to repay the outstanding balance borrowed from the federal government to pay UI benefits, provide for payment of UI benefits during FY2013-14 until UI tax receipts are sufficient, and pay note related expenses. The Director of the Dept is required to prescribe the form of the notes, interest rates and denominations of the notes, dates of maturity within 12 months, and the terms of redemption of the notes. Notes may be sold at public or private sale. The Dept is required to establish a Note Debt Service Fund to be used to pay amounts payable on notes and note related expenses, and monies in the Fund may be invested and reinvested in any investments authorized for public investments. To secure the principal and interest on notes, the Dept is authorized to perform various actions, including segregating the Fund into one or more accounts, establishing priorities among noteholders, prescribing the procedure by which the terms of a contract with noteholders may be amended or abrogated, and taking any other action that may affect the security and protection of the notes or interest on the notes. Notes and income from notes are at all times free from taxation in Arizona. Also establishes the Unemployment Special Assessment Proceeds Fund to pay interest charges incurred on a loan to pay UI benefits and then to retire the loan principal. Any monies remaining in the Unemployment Special Assessment Fund established in 2011 are transferred to the Unemployment Special Assessment Proceeds Fund. The authorization for the notes and related regulations self-repeal January 1, 2016. The Industrial Commission is prohibited from relieving an employer's account of charges related to an erroneous UI benefit payment if the payment was made because the employer failed to timely or adequately respond to a request for information relating to a claim for unemployment compensation and the employer has established a pattern of failing to timely or adequately respond to requests. If a person received UI benefits to which he/she is not entitled by reason of fraud committed by the person, the Dept is required to assess a penalty on the person equal to 15 percent of the amount of the erroneous payment. For UI taxes, a domestic or foreign limited liability company shall be taxed as if it is either a partnership or a corporation or is disregarded as an entity as determined pursuant to the Internal Revenue Code. The requirements for a shared work unemployment compensation plan to be approved by the Dept are expanded to include a certification from the employer that health and retirement benefits under a defined benefit plan will continue to be provided to an employee participating in the shared work plan under the same terms and conditions as though the work week had not been reduced, an estimate of the number of layoffs that would have occurred without an approved plan, and a description of the employer's plan for notifying an employee whose work week is to be reduced. Individuals participating in a shared work plan are permitted to participate in Dept-approved training to enhance job skills. Emergency clause. AS SIGNED BY GOVERNOR. First sponsor: Rep. Fann   General Comments (all lists):

May 31, 2013

Public Affairs Committee approves a SUPPORT position.


May 21, 2013

Workforce Readiness Issue Committee recommends a SUPPORT position.


6/19
signed by governor. Chap. 204, Laws 2013.
H2176 (Chapter 187):
REGISTRAR OF CONTRACTORS; ALARM AGENTS  
The Registrar of Contractors is authorized to investigate a complaint without waiting 15 days. An applicant to the Residential Contractors' Recovery Fund must show that the applicant has proceeded against any existing bond and has not collected in an amount of $30,000 or more. A person whose work with an alarm business does not include visiting the location where the alarm system will be installed is exempt from the required certification as an alarm agent. An alarm agent who is also the controlling person and who has complied with the fingerprinting requirements for a controlling person is exempt from the fingerprinting requirement for alarm agent certification. Alarm agents are added to the list of persons specifically exempt from the statutory requirements of licensed contractors. AS SIGNED BY GOVERNOR. First sponsor: Rep. Fann   General Comments (all lists):

reflects 2185

March 11, 2013


Legal and Regulatory Reform Issue Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


5/7
signed by governor. Chap. 187, Laws 2013.
H2185:
ALARM BUSINESSES; ALARM AGENTS  
Various changes relating to the regulation of alarm businesses and alarm agents, including exempting a person whose work with an alarm business does not include visiting the location where the alarm system will be installed from certification as an alarm agent, allowing government entities to require alarm businesses to provide contact information for subscribers if law enforcement is requested to respond, and requiring any person who owns part of an alarm business to submit fingerprints to the Board of Technical Registration for a background check. AS PASSED HOUSE. First sponsor: Rep. Fann   General Comments (all lists):

to 2176

March 11, 2013


Legal and Regulatory Reform Issue Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


3/28
stricken from Senate consent calendar by Griffin.
H2206:
ADVANCE FEE LOAN BROKERS  
Registered advance fee loan brokers are required to apply for renewal as prescribed by the Superintendent of Financial Institutions no later than June 30 of each year. If the renewal application is not received by June 30, the broker must pay an amount per day to be determined by rule and the broker's registration is suspended. The registration of a broker that has not filed a renewal application and paid the fee by July 31 expires. First sponsor: Rep. Brophy McGee   General Comments (all lists):

MONITOR


5/8
Senate COW approved with amend #4629.
H2260 (Chapter 136):
CERTIFIED PUBLIC ACCOUNTANTS  
Numerous changes related to the regulation of certified public accountants (CPAs). An individual must be lawfully present in the U.S. to qualify for certification as a CPA. Other requirements for CPA certification are modified, including requirements for applicants with a certificate or license to practice as a CPA in another jurisdiction. The rulemaking authority of the Board of Accountancy is expanded to include any rules to administer statute, instead of only examination requirements. The Board is authorized to contract with a public or private entity to administer the CPA certification examination. The Board is authorized to establish and collect various registration and application fees. Establishes regulations for inactive, canceled and expired status CPA certificates and the reinstatement of these certificates. Requires the Board to suspend a certificate for failure to timely register and failure to show proof of compliance with continuing professional education requirements. Establishes qualifications for issuance of a new CPA certificate to a person whose certificate has been revoked, and allows a person to apply for a new certificate five years after the effective date of the revocation. Repeals statutes governing reciprocity and substantial equivalency. Modifies definitions. Session law states that a CPA certificate that was suspended for nonregistration before July 21, 1997 and that remains suspended on the effective date of this legislation is expired, and a firm registration to practice public accounting that was suspended for nonregistration before September 26, 2008 and that remains suspended on the effective date of this legislation is expired. AS SIGNED BY GOVERNOR. First sponsor: Rep. Forese
Others: Rep. Boyer, Rep. Campbell, Rep. Carter, Rep. Dial, Rep. Fann, Sen. Gallardo, Rep. Gray, Rep. Kavanagh, Sen. McComish, Sen. Meza, Sen. Reagan, Rep. Tobin
  General Comments (all lists):

MONITOR


4/29
signed by governor. Chap. 136, Laws 2013.
H2262 (Chapter 137):
SCRAP METAL DEALERS; REGISTRATION  
A person must biennially register with the Department of Public Safety to conduct business as a scrap metal dealer in Arizona. Requirements for registration are specified, including payment of a fee prescribed by the Dept to cover the costs of registering the dealers. Scrap metal dealers are required to keep proof of registration and other information at each place of business. Violations are subject to civil penalties and business license suspension or revocation. The Dept is required to submit a report every two years to the Legislature about scrap metal dealers. All law enforcement in Arizona must be registered on a free theft notification website that allows law enforcement to send detailed descriptions of stolen items to recycling operations and other law enforcement within at least a 100 mile radius of the theft. The website must allow scrap metal dealers to alert law enforcement when the dealers are offered suspicious materials. Classifies knowingly purchasing prohibited scrap metal as a class 1 (highest) misdemeanor. Also establishes a Joint Legislative Committee on Metal Theft to review the effectiveness of these regulations in deterring crime and the costs of compliance to affected industries. The Committee may report its findings to the President of the Senate and the Speaker of the House of Representatives by December 1, 2023. The Committee self-repeals January 1, 2024. AS SIGNED BY GOVERNOR. First sponsor: Rep. Forese   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


4/29
signed by governor. Chap. 137, Laws 2013.
H2277 (Chapter 121):
UNIFORM COMMERCIAL CODE; FUNDS TRANSFERS  
The uniform commercial code applies to a funds transfer that is a remittance transfer as defined in federal law, unless the remittance transfer is an electronic fund transfer. AS SIGNED BY GOVERNOR. First sponsor: Rep. Forese   General Comments (all lists):

MONITOR


4/17
signed by governor. Chap. 121, Laws 2013.
H2305 (Chapter 209):
ELECTION REVISIONS; VIOLATIONS  
The Legislature declares that the constitutional and statutory requirements for initiative, referendum and recall be strictly construed and that persons using the process must strictly comply with the requirements. When a petition and application for an initiative or referendum petition or a recall petition are received by the Secretary of State and marked with an official time and date, the time-and-date-marked petition constitutes the official copy of the petition text and is the only valid copy of the text of the measure for circulation for signatures. A political committee that files initiative petitions is required to organize the signature sheets and group them by the county of residence of the majority of the persons signing that sheet, by circulator on that sheet, and by the notary public notarizing the signature on that sheet. Before making a determination that initiative petitions were not organized according to these requirements and therefore were not filed, the Secretary of State must make a reasonable cause finding that the political committee failed to comply and must refer the matter to the Attorney General, who may then issue a compliance order directing the committee to reorganize the petitions. Political committees may submit to the Secretary of State 45 days before the deadline for filing its petitions a list of all petition circulators and a copy of a criminal records check performed on each circulator. If the background check was performed by a licensed person or entity in an "arm's length transaction" (defined), a rebuttable presumption arises, and in any challenge to those petition circulators, the presumption must be overcome by a showing of a preponderance of the evidence that the circulator was not eligible to register to vote in this state. If the number of valid signatures as projected from the random sample is less than the minimum number required, the Secretary of State is required to retain the original signature sheets until after the conclusion of any litigation regarding the measure or until the time has expired for any litigation. The number of signatures required to qualify for the ballot for various elected offices is modified and is based on the total voter registration in the relevant jurisdiction instead of the voter registration of the candidate's party in the jurisdiction. By December 1 of each even-numbered year, the county recorder or officer in charge of elections may send a notice to each voter on the permanent early voting list (PEVL) who did not vote an early ballot in both the primary and general election for the two most recent general elections for federal office to inform the voter that if the voter wishes to remain on the PEVL, he/she must confirm that desire in writing and return the completed notice within 30 days after receipt. If the voter fails to respond within 30 days, the county officer must remove the voter's name from the PEVL. Some exceptions. County officers are authorized to send these notices to voters on the PEVL who did not vote an early ballot in the 2012 and 2014 primary and general elections. Beginning January 1, 2015, PEVL request forms that are distributed by a candidate, political committee or another organization are required to include a statement that by signing the voter is agreeing to receive an early ballot for every election. Voters are permitted to designate any person to return an early ballot to the elections official or to the precinct board at a polling place within the county, with some exceptions. A knowing violation of regulations on returning an early ballot is a class 1 misdemeanor. If the Secretary of State or a city or town clerk has made a reasonable cause finding regarding an election law violation by the Attorney General or the city or town attorney, the Secretary of State or the city or town clerk is required to notify the county attorney of the county in which the violation occurred, and the county attorney is authorized to serve on the Attorney General or city or town attorney an order requiring compliance with the applicable law. If a county elections officer has made a reasonable cause finding regarding an election law violation by the county attorney of that county, the county elections officer is required to notify the Attorney General, and the Attorney General is authorized to serve on the county attorney an order requiring compliance with the applicable law. Severability clause. AS SIGNED BY GOVERNOR. First sponsor: Rep. E. Farnsworth   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


6/19
signed by governor. Chap. 209, Laws 2013.
H2306:
CAMPAIGN FINANCE; AGGREGATE COMMITTEE LIMITS  
The maximum amounts of contributions from all political committees, excluding political parties, that a candidate may accept are doubled by allowing each type of candidate to accept the previous maximum amount for the primary election and then again for the general election. The periods of time constituting the primary election and the general election are specified. First sponsor: Rep. E. Farnsworth   3/19
Senate elect held.
H2315:
LOCAL GOVERNMENTS; REGULATION; REQUIREMENTS  
Municipalities and counties are prohibited from regulating an occupation or profession without specific legislative authorization. The municipality or county must conduct a study that results in specified findings, including that the regulation is a true public necessity. The study must be reviewed by the Auditor General. The municipality or county must report on intended regulations to the Joint Legislative Audit Committee, and JLAC must assign the report to the appropriate legislative committee of reference to consider legislation authorizing the municipality or county to regulate the specific occupation or profession. First sponsor: Rep. E. Farnsworth   General Comments (all lists):

MONITOR


1/22
referred to House gov.
H2320:
RULES; STATUTORY REVIEW; STATE AGENCIES  
At least once every five years, each state agency is required to review all of its rules and statutory authority that regulates any occupation, professions, activity, use of property, or condition and determine whether any of the rules or statutes are obsolete, counterproductive or redundant. Criteria that must be used in the determination is specified. Each agency must report its findings to the Governor and the Legislature. First sponsor: Rep. E. Farnsworth   General Comments (all lists):

MONITOR


2/19
House gov held.
H2322:
RULE MAKING; RESTRICTIONS  
State agencies would have been prohibited from adopting a new rule or an amendment to an existing rule that would restrain or burden the free exercise of vested rights, and could have only adopted a new rule or an amendment to an existing rule that was strictly ministerial and consistent with the statutory delegation of authority. Any person subject to a civil or criminal proceeding arising from the enforcement of a rule in violation would have a defense to the enforcement action. AS VETOED BY GOVERNOR. Her veto message stated that this legislation would have a broad negative impact on a state agency's ability to implement state law, and that agencies and the public would be left with outdated and burdensome rules until the Legislature updates the rules through statutory enactments. First sponsor: Rep. E. Farnsworth   General Comments (all lists):

MONITOR


4/17
VETOED message
H2330:
PUBLIC EMPLOYEES; BARGAINING; OPEN MEETINGS  
Any meeting of one or more agents or officers of a public body with any agent or officer of any employee organization involving negotiations regarding the salaries or benefits of public employees or any other employment related matter are required to comply with open meeting laws. These meetings must be recorded by audiovisual means and are not subject to executive session. First sponsor: Rep. Montenegro
Others: Rep. Forese, Rep. Petersen, Rep. Stevens
  General Comments (all lists):

MONITOR


1/30
from House gov with amend #4013 on reconsiderstion.
H2385:
DESIGN-BUILD; COUNTIES; REGULATIONS  
Statute governing county regulations does not apply to a design-build project if the county agrees to exempt the project at the request of the applicant. First sponsor: Rep. J. Pierce   1/23
referred to House gov.
H2386 (Chapter 97):
UTILITIES; TAMPERING  
Intentionally "tampering with utility property" (defined) is added to the acts that constitute criminal damage, which is a class 2 misdemeanor, unless the damage causes an imminent safety hazard to any person, in which case it is a class 4 felony. AS SIGNED BY GOVERNOR. First sponsor: Rep. J. Pierce   General Comments (all lists):

MONITOR


4/11
signed by governor. Chap. 97, Laws 2013.
H2387:
RECOVERY OF ATTORNEY FEES  
In a contested action arising out of a contract, if a written settlement offer is rejected and the verdict plus reasonable attorney fees incurred up to the date of the offer is equal to or more favorable to the offeror than the offer made in writing, the offerer is deemed to be the successful party and the court may award reasonable attorney fees. Formerly, the attorney fees incurred up to the date of the offer were not included in the determination. First sponsor: Rep. J. Pierce   General Comments (all lists):

MONITOR


3/20
further referred to Senate appro.
H2393 (Chapter 58):
STATE AGENCIES; LICENSURE; TIME FRAMES  
A person who is or could be required to obtain a license may petition the Governor's Regulatory Review Council to require an agency to consider including a recommendation for reducing a licensing time frame in its five-year report. AS SIGNED BY GOVERNOR. First sponsor: Rep. J. Pierce
Others: Rep. Boyer, Rep. Forese, Rep. Gray, Sen. Griffin, Rep. Lesko, Rep. Mesnard, Rep. Petersen, Rep. Shope, Rep. Stevens, Sen. Yee
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


4/5
signed by governor. Chap. 58, Laws 2013.
H2443 (Chapter 74):
CITIES; COUNTIES; REGULATORY REVIEW  
Various changes to the regulatory bill of rights for municipalities, counties and county flood control districts. Counties, municipalities and county flood control districts are prohibited from requesting or initiating discussions with a person about waiving that person's rights. The lists of rights a person has relating to county, municipal or county flood control district regulations are expanded to include that a person is entitled to have the regulating entity not request or initiate discussions about waiving any of the other prescribed rights. Municipalities, counties and county flood control districts are permitted to make one comprehensive written or electronic "request for corrections" (defined) to license applications. If the municipality, county or county flood control district identifies legal requirements that were not included in the request, a municipality, county or county flood control district may amend a comprehensive request for corrections once to include the legal requirements. If an applicant requests significant changes to an application that are in response to the request for corrections, the municipality, county or county flood control district is permitted to make one additional comprehensive request for corrections and may have no more than an additional 50 percent of the substantive review time frame to grant or deny the license. If an applicant submits another application for the same purposes with only revisions or corrections to the original application, a municipality or county is prohibited from assessing any additional application fees that exceed the cost of processing the resubmitted revisions or corrections, and a county flood control district is prohibited from assessing any additional fees that exceed 50 percent of the original permit fee that has not been refunded, with some exceptions. Municipalities, counties and county flood control districts may consider an application withdrawn if the applicant does not supply requested documentation or information by established deadlines. When establishing licensing time frames, municipalities, counties and county flood control districts are required to consider that the time frames do not include the time required for an applicant to obtain other licenses or to participate in required meetings. Licensing time frames must be posted on a municipality’s or county’s website or the website of an association of municipalities or counties if the municipality or county does not have a website. Statutory requirements for licensing timeframes do not apply to a license that is necessary for the construction or development of a residential lot, including swimming pools, hardscape and property walls, "subdivisions" or "master planned community" (both defined). A "fire and life safety inspection" (defined) of areas accessible to the general public is exempt from the requirement that a representative of the regulated person have the opportunity to accompany the inspector or regulator on the premises. The list of exemptions from the municipal regulatory bill of rights is expanded to include the function or operation of a municipal airport, public safety or police department, town marshal's office, fire department, ambulance service or zoning adjustment process, and the definition of "license" is modified to exclude a transaction privilege tax license. AS SIGNED BY GOVERNOR. First sponsor: Rep. Olson   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


4/10
signed by governor. Chap. 74, Laws 2013.
H2463:
COUNTIES; FLOOD CONTROL DISTRICTS; RULES  
County boards of supervisors and county flood control district boards are required to adopt procedures for the adoption, amendment, repeal and enforcement of rules that contain at least specified provisions, including public notice at various stages and a public meeting at which the public is able to provide comments on the proposed rule. Some exceptions. Except for rules approved before the effective date of this legislation, a county or district rule cannot be enforced without substantial compliance with this legislation. Effective January 1, 2014 for a county with a population of 375,000 or more, and January 1, 2015 for a county with a population of less than 375,000. AS PASSED SENATE. First sponsor: Rep. Gowan   General Comments (all lists):

February 22, 2013

 

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

 

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

S/E Amendment to reflect SB 1463

 


4/4
passed Senate 18-11; ready for House action on Senate amendments.
H2469:
PERSONAL INFORMATION; ENCRYPTED DATA  
Any state agency that owns or licenses computerized data that includes personal information of an Arizona resident must encrypt the data in accordance with statewide information technology policies and standards if the data is stored in a database. If the data is not stored in a database, best practices should be implemented to protect the data. Does not apply to a legacy database system that was implemented on or before January 1, 2000. Conditionally enacted on the Department of Administration receiving an appropriation for the implementation of the encryption requirements. Conditionally repealed one year after the effective date of the federal Personal Data Privacy and Security Act. AS PASSED HOUSE. First sponsor: Rep. Thorpe   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves an OPPOSE position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a OPPOSE position until amended

 


3/27
from Senate appro with amend #4904.
H2480:
SUPREME COURT; ATTORNEY LICENSING  
The Supreme Court is required to license attorneys for the practice of law in Arizona, and must adopt rules to carry out this requirement. Attorneys cannot be required to be a member of any organization to become or remained licensed. First sponsor: Rep. Allen   General Comments (all lists):

MONITOR


2/14
House jud held.
H2491:
SECURITIES ENFORCEMENT; UCC; SECURED TRANSACTIONS  
The Corporation Commission is prohibited from joining any individual who is divorced from the defendant at the time a securities fraud action is filed. If a joinder is inapplicable because the defendant and the defendant's spouse are divorced, the Commission is authorized to apply to the Maricopa County Superior Court or any federal court for an order restoring to any person in interest that former spouse's portion of any monies or property that may have been acquired or transferred by the defendant in violation of securities regulations. Such an order must be supported by clear and convincing evidence. Makes numerous changes to statutes governing secured transactions, including modifying definitions, establishing various rules governing collateral, and allowing a person to file an information statement with respect to a wrongfully filed record. Makes this legislation effective on September 1, 2013, and applies it to a transaction or lien within the scope of the chapter even if the transaction or lien was entered into or created prior to that date. Does not affect an action, case or proceeding commenced prior to September 1, 2013. Specifies other details for transition. Updates the uniform commercial code financing statements that a filing office cannot refuse to accept if they are in the specified form and format. AS PASSED SENATE. First sponsor: Rep. E. Farnsworth
Others: Sen. Biggs, Rep. Petersen
  General Comments (all lists):

Amended to Reflect SB 1039

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 15, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position.


4/30
Senate COW approved with floor amend #5052. NOTE SHORT TITLE CHANGE. Passed Senate 28-0; ready for House action on Senate amendments.
H2527:
ELECTIONS; REVISIONS  
Various changes relating to elections. Counties are required to prohibit electioneering at certain polling places in cases of an emergency if either an act of God renders a previously set polling place as unusable, or a county recorder or other officer has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling places unless a facility can be given an emergency designation. Counties that designate emergency polling places are required to post on their website the number of attempts that were made to find a polling place before granting an emergency designation. Condominium associations cannot prohibit the indoor or outdoor display of a "political sign" (defined) by a unit owner on the owner's property, except earlier than 71 days before election day and later than 3 days after election day. In order to comply with legislation passed in 2012 providing for consolidated election dates, municipalities are permitted to shorten or lengthen the term of office for municipal elected officials. For any municipality whose alternate expenditure limit expires in the spring of 2014, the statutory penalties do not apply in FY2015 provided the municipality seeks voter approval of an alternative expenditure limit in the fall of 2014. AS PASSED HOUSE. First sponsor: Rep. Ugenti   General Comments (all lists):

MONITOR


3/20
from Senate elect with amend #4809.
H2533:
LOCAL GOVERNMENTS; PUBLIC NOTICES; WEBSITE  
If publication of a notice in a newspaper is directed or authorized by law, the municipality or county responsible for publishing the notice is permitted to publish the notice in a newspaper or to provide notice on its website. If the number of times the notice is to be published is not specified, the municipality or county must publish the notice on the website for at least two consecutive weeks. If the municipality or county provides notice using the internet, the municipality or county is required to annually publish the website address where public notices may be found in a newspaper printed and published within the city or county limits. Does not apply to a municipality with a population of less than 100,000. AS PASSED HOUSE. First sponsor: Rep. Petersen
Others: Sen. Biggs, Rep. Goodale, Rep. Lovas
  General Comments (all lists):

MONITOR


3/21
Senate gov-env held.
H2536:
CAMPAIGN FINANCE; COMMITTEES; REVISIONS  
For the purpose of required disclosures for campaign literature and advertisements, the disclosures must include the words "paid for by" followed by the name of the entity making the expenditure, must be written and spoken at the end of the communication, and must be printed in letters displayed in a height of at least four percent of the vertical picture height. For the purpose of determining whether an expenditure is an independent expenditure, serving on a host committee for a fundraising event does not presumptively demonstrate coordination between a candidate and the person making the expenditure. In order to be certified as a political committee that is permitted to make campaign contributions at higher limits, the committee must receive $10 or more from 500 or more individuals in the preceding two years, increased from one. A certification is valid for four years, increased from two. AS PASSED HOUSE. First sponsor: Rep. Ugenti   General Comments (all lists):

1454

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


3/13
from Senate elect with amend #4733.
H2554:
FIREARM REGULATION; STATE PREEMPTION  
The state and state agencies are added to the list of government bodies prohibited from enacting certain rules relating to firearms or requiring licensing or registration of firearms or ammunition. The state and political subdivisions are permitted to limit or prohibit the intentional possession of firearms in a “public establishment” or at a “public event” (both defined) if a sign is conspicuously posted at all public entrances and the establishment or event is equipped with secure firearm lockers. Political subdivisions are permitted to enact rules or ordinances requiring a business that obtains a secondhand firearm to retain the firearm for up to 10 days. Entering a public establishment or attending a public event and carrying a deadly weapon after being requested to remove the weapon is removed from the list of actions constituting misconduct involving weapons. First sponsor: Rep. Kavanagh   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves an OPPOSE position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends an OPPOSE position

 


2/20
from House pub-mil-reg with amend #4264.
H2568:
ELECTIONS; SIGNATURE REQS; EARLY VOTING  
The number of signatures required to qualify for the ballot for various elected offices is modified and is based on the total voter registration in the relevant jurisdiction instead of the voter registration of the candidate's party in the jurisdiction. Signatures may be obtained from voters who are not registered with a political party or from those qualified to vote in that primary election for the candidate. A write-in candidate from a party that has not qualified for continued representation on the ballot must receive at least the number of votes equal to the number of required signatures in order to qualify for the general election ballot. Also makes various changes to early voting regulations. The first day that early ballots may be distributed is changed to 21 days before the election, instead of 26 days before. Permanent early voter request forms cannot be combined with any other voter registration form. A voter who is on the permanent early voting list (PEVL) and who appears at a polling place to case a regular or provisional ballot is removed from the PEVL. The Secretary of State is authorized to adopt procedures for elections officials to educate or notify persons on the PEVL regarding the results of failure to vote an early ballot. County recorders are required to obtain a list of residential properties that have been foreclosed on in the preceding month and remove the names of any persons registered at those addresses prior to the foreclosure from the PEVL. The Secretary of State and county elections officers are required to establish a standardized training program to certify persons as lawful early ballot collectors. Requirements for early ballot collectors are specified. By December 31, 2013, the county recorder and county officer in charge of elections for each county is required to study the feasibility of adopting consolidated voting centers and forward the information to the county board of supervisors. By May 1, 2014, the county board of supervisors is required to vote on whether to implement voting centers countywide. First sponsor: Rep. Dial   General Comments (all lists):

MONITOR


2/14
House jud held.
H2573:
PROHIBITED GOVERNMENT COMPLIANCE; 2012 NDAA  
The state and state agencies are prohibited from providing material support or participating in any way with the implementation of sections 1021 and 1022 of the National Defense Authorization Act of 2012 (sections dealing with detainment without charge or trial and requirements for military tribunals) against any citizen of the U.S. The Director of the Department of Public Safety or a county sheriff is required to report to the Governor and the Legislature any attempt by agencies or agents of the federal government to secure the implementation of these sections. The state and political subdivisions requiring officers and employees to support the U.S. Constitution, state Constitution and Arizona laws are prohibited from recognizing the United Nations or any of its declarations as legal authority in Arizona, including the U.N. Rio Declaration on Environment and Development and the Statement of Principles for Sustainable Development adopted at the U.N. Conference on Environment and Development held in Brazil in 1992. The state and political subdivisions are prohibited from directly and knowingly, for the express purpose of adopting or implementing the U.S. Rio Declaration, expanding any sum of money for, being a member of, receiving funding from, contracting services from, or giving financial or other forms of aid to any group that espouses the usurping or overthrow of the U.S. Constitution. Contains legislative findings. AS PASSED HOUSE. First sponsor: Rep. Seel
Others: Rep. Barton, Rep. Borrelli, Sen. Burges, Rep. Dial, Rep. Lesko, Rep. Lovas, Rep. Petersen, Rep. Thorpe
  General Comments (all lists):

House COW approved floor amend #4947 to HB2573 is inclusive of SB1403 Senate engrossed language (UNITED NATIONS RIO DECLARATION; PROHIBITION).


6/14
referred to Senate rules only.
H2578:
LICENSING; ACCOUNTABILITY; PENALTIES; EXCEEDING REGULATION  
State, county, municipal and special taxing district employees who knowingly base a licensing decision in whole or in part on a requirement or condition that is not specifically authorized by statute, rule, ordinance or code would have been subject to a civil penalty of $500 for a first violation, $1,000 for the second violation, and $2,000 for the third violation. A person affected by a licensing decision made in violation would have been permitted to file an action for declaratory relief in superior court. An action would have had to be commenced within four years after the licensing decision. AS VETOED BY GOVERNOR. The Governor's veto message stated that this legislation is punitive and unnecessary, since state law prohibits improper licensing decisions and well-established administrative and judicial processes exist to remedy those decisions. First sponsor: Rep. Petersen
Others: Rep. Allen, Sen. Barto, Rep. Barton, Rep. Borrelli, Rep. Boyer, Rep. Carter, Rep. Coleman, Sen. Crandell, Rep. Dial, Rep. Fann, Rep. E. Farnsworth, Rep. Goodale, Rep. Gowan, Rep. Gray, Sen. Griffin, Rep. Kavanagh, Rep. Kwasman, Rep. Lesko, Rep. Livingston, Rep. Lovas, Rep. Mitchell, Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep. J. Pierce, Rep. Quezada, Rep. Seel, Sen. Shooter, Rep. Shope, Rep. Smith, Rep. Stevens, Rep. Thorpe, Rep. Townsend, Rep. Ugenti, Sen. Ward, Sen. Worsley
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position IF amended to not include criminal liability

 


4/5
VETOED message
H2593 (Chapter 98):
CAMPAIGN FINANCE; CONTRIBUTION LIMIT  
Campaign contribution limits for elections other than statewide office are increased to $2,500 from an individual or single political committee not certified to contribute at higher limits, and to $5,000 from a single political committee certified to contribute at higher limits. Campaign contribution limits for a statewide office are increased to $2,500 from an individual or single political committee not certified to contribute at higher limits. Candidates are no longer restricted as to the aggregate total that a candidate may lawfully receive from all political committees, excluding political parties, and individuals are no longer restricted as to the aggregate total that he/she may contribute to candidates and political committees. Candidates or candidate campaign committees are required to give notice to the filing officer if the candidate or committee receives a contribution of at least $1,000 from a single source less than 20 days before the election. The notice must be filed within 72 hours after receipt of the contribution. A knowing violation of the notice requirement is subject to a civil penalty of up to three times the amount improperly reported, and the person or committee is liable in a civil action. AS SIGNED BY GOVERNOR. First sponsor: Rep. Mesnard   General Comments (all lists):

MONITOR


4/11
signed by governor. Chap. 98, Laws 2013.
H2599 (Chapter 190):
PROCUREMENT CODE; AMENDMENTS  
State employees who have a "significant procurement role" (defined) in the procurement of materials, services or construction are prohibited from accepting a position with, having employment discussions with, or soliciting an employment opportunity from any person or entity lobbying for or potentially responding to a solicitation during a period beginning on signature of the first nondisclosure agreement for a solicitation or at the time of request for a procurement and ending one year after the purchased materials are delivered or the purchase of services or construction begins. It is unlawful for a person or firm lobbying or potentially responding to a solicitation for procurement to offer employment to a procurement officer or employee having a significant procurement role during that same period. It is unlawful for a procurement officer or employee who was previously employed by a person or firm responding to a solicitation to serve in a significant procurement role for a period of one year following the person’s previous employment. On signature of a nondisclosure agreement or at the time of a request for procurement, a procurement officer or employee with a significant procurement role must provide written disclosure of any financial interest the officer or employee, or his/her spouse, may hold. Knowing violations are a class 2 (second highest) misdemeanor, and a convicted person is ineligible for appointment to or employment in a position in the state personnel system for five years. State employees who are convicted of violations are also subject to suspension for at least 90 days or dismissal. For the purpose of lobbyist regulations, the definition of "lobbying" is expanded to include attempting to influence the procurement of materials services or construction by an agency, for a person who is otherwise required to be registered as a lobbyist. A person is prohibited from lobbying the public body that employed that person in a capacity having a significant procurement role within one year after the person ceases to be employed by the public body. The Department of Administration is required to establish a mandatory procurement training and certification program for those authorized to perform state procurement functions, and to establish programs to ensure procurement compliance with statute and applicable rules. The Dept is also required to provide consultation to state agency management in procurement and to enter into agreements with state or local government agencies to furnish procurement administration services and facilities and be reimbursed by the agencies. Exempts the Arizona Exposition and State Fair Board from procurement regulations for professional entertainment contracts, and specifies that procurement regulations do not apply to the purchase of water, gas or electric utilities or to professional certifications, professional memberships and conference registrations. Repeals statutes regulating the procurement of information systems and telecommunications systems. AS SIGNED BY GOVERNOR. First sponsor: Rep. J. Pierce
Others: Rep. Forese, Rep. Olson
  General Comments (all lists):

MONITOR


5/7
signed by governor. Chap. 190, Laws 2013.
HCR2026:
CLEAN ELECTIONS; EDUCATION FUNDING  
The 2014 general election ballot is to carry the question of whether to amend state statute to transfer the monies in the Clean Elections Fund to the Department of Education for an equitable per pupil distribution to school districts and charter schools for maintenance and operations. AS PASSED HOUSE. First sponsor: Rep. Boyer
Others: Rep. Carter, Rep. Mesnard, Rep. Olson, Rep. Petersen, Rep. Tobin
  5/8
from Senate rules okay.
S1003:
EARLY BALLOT VOTING; REVISIONS  
For all elections including a candidate or issue on the ballot for which the Secretary of State is the filing officer, the Secretary of State is required to select a unique color for all outbound early ballot envelopes and all inbound early ballot return envelopes. Voters are permitted to designate any person to return an early ballot to the elections official or to the precinct board at a polling place within the county, with some exceptions. Knowing violations are a class 6 felony. The affidavit on early ballots is expanded to include a statement that if the voter provided their voted ballot to another person for delivery to elections officials, the voter voted the ballot and sealed it in the envelope before giving it to the person. AS PASSED SENATE. First sponsor: Sen. Reagan   4/2
from House rules okay.
S1039:
UNIFORM COMMERCIAL CODE; SECURED TRANSACTIONS  
Numerous changes to statutes governing secured transactions, including modifying definitions, establishing various rules governing collateral, and allowing a person to file an information statement with respect to a wrongfully filed record. Becomes effective on September 1, 2013, and applies to a transaction or lien within the scope of the chapter even if the transaction or lien was entered into or created prior to that date. Does not affect an action, case or proceeding commenced prior to September 1, 2013. Specifies other details for transition. Also updates the uniform commercial code financing statements that a filing office cannot refuse to accept if they are in the specified form and format. AS PASSED SENATE. First sponsor: Sen. Reagan
Others: Rep. Alston, Rep. Brophy McGee, Rep. Fann, Rep. Forese, Sen. McComish, Sen. Melvin, Sen. Meza
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 15, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position.


2/25
from House fin-inst do pass.
S1178:
EXERCISE OF RELIGION; PROTECTION  
Would have expanded the definition of "exercise of religion" for the purpose of the protection of free exercise of religion. A person whose religious exercise is likely to be burdened would have been permitted to assert an impending violation as a claim or defense in a judicial proceeding, regardless of whether the government is a party to the proceeding. The person asserting such a claim or defense could have obtained appropriate relief. AS VETOED BY GOVERNOR. Her veto message stated that she will not sign additional measures into law until the adoption of a FY2014 budget and a plan for Medicaid. First sponsor: Sen. Yarbrough   5/23
VETOED message
S1233 (Chapter 198):
LIMITED LIABILITY COMPANIES; OWNERSHIP INTERESTS  
An interest in a limited liability company (LLC) may be held by two or more people as joint tenants with right of survivorship or by a married couple as community property with right of survivorship, except as prohibited or restricted in an operating agreement. All co-owners of an interest in an LLC held as joint tenants or as community property must own an equal undivided interest in the interest, and have only the rights of an assignee with respect to the interest. After the death of a co-owner of the interest, the surviving co-owner succeeds to the ownership with the rights of an assignee unless and until the surviving co-owner is admitted as a member. Specifies circumstances under which the right of survivorship is extinguished. AS SIGNED BY GOVERNOR. First sponsor: Sen. Driggs   General Comments (all lists):
MONITOR
5/7
signed by governor. Chap. 198, Laws 2013.
S1260:
ELECTIONS; BALLOT MEASURE PETITIONS; AMENDMENTS  
When a person or organization files intention to circulate petitions for an initiative or referendum, the Secretary of State is required to provide the official serial number of the petitions to the applicant on the time and date marked copy of the application, along with the specific number of signatures required for the initiative or referendum to appear on the ballot and the required filing date. For the purpose of initiative petitions for county or municipal elections, the city or town clerk cannot refuse to accept a petition, petition sheet or signature for any reason other than those prescribed in statute. For initiative petitions in municipal elections, a citywide or townwide election is an election at which all qualified electors of the city or town are voting for the office of mayor, or if the mayor is not directly elected, are voting for members of the city or town council. AS PASSED SENATE. First sponsor: Sen. Reagan
Others: Sen. Driggs
  General Comments (all lists):
MONITOR
4/2
from House rules okay.
S1261:
PERMANENT EARLY VOTING LISTS; AMENDMENTS  
By December 1 of each even-numbered year, the county recorder or officer in charge of elections may send a notice to each voter on the permanent early voting list (PEVL) who did not vote an early ballot in both the primary and general election for the two most recent general elections for federal office to inform the voter that if the voter wishes to remain on the PEVL, he/she must confirm that desire in writing and return the completed notice within 30 days after receipt. If the voter fails to respond within 30 days, the county officer must remove the voter's name from the PEVL. Does not apply to voters on the PEVL who did not vote an early ballot and who modified their voter registration information during the period for early voting for either the immediately preceding primary or general election. County officers are authorized to send these notices to voters on the PEVL who did not vote an early ballot in the 2010 and 2012 primary and general elections. PEVL request forms that are distributed by a candidate, political committee or another organization are required to include a statement that by signing the voter is agreeing to receive an early ballot for every election. Any person who knowingly alters a voter registration form without the consent of the registrant is guilty of a class 6 (lowest) felony. AS PASSED SENATE. First sponsor: Sen. Reagan
Others: Sen. Driggs, Sen. Worsley
  General Comments (all lists):
MONITOR
4/2
from House rules okay. Stricken from House consent calendar by Forese, Gallego.
S1262:
CAMPAIGN FINANCE LIMITS; RECALL ELECTION  
Campaign finance regulations apply to supporting or opposing the circulation of a recall petition before a recall election is called. Campaign contribution limits apply to contributions made and received for a recall election, including the period during which a recall petition is circulated, and constitute a separate election with separate limits than any non-recall election campaign. The information that a political committee or entity making an independent expenditure must include on campaign literature or advertisements is expanded to include the mailing address of the committee or entity. AS PASSED SENATE. First sponsor: Sen. Reagan   General Comments (all lists):
MONITOR
3/21
from House jud do pass.
S1263:
PAID CIRCULATORS; STATEWIDE MEASURES; RECALL  
Any person who intends to circulate a petition as a paid circulator for a candidate for statewide office, a statewide ballot measure or question or a statewide or legislative recall is required to register with the Secretary of State before circulating petitions. The registration for a paid circulator must require specified information from the circulator. An individual who knowingly provides false or misleading information in a registration form is guilty of a class 1 (highest) misdemeanor and is subject to an administrative penalty of up to $1,000. The entity that employs or contracts with the circulator that knowingly provides false or misleading information about itself or the paid circulator is guilty of a class 1 misdemeanor and is subject to an administrative penalty of up to $5,000 for each individual circulator in violation and for its own violation. The Secretary of State is required to establish a database of paid circulators that is accessible to the public. AS PASSED SENATE. First sponsor: Sen. Reagan
Others: Sen. Driggs
  General Comments (all lists):
MONITOR
4/16
stricken from House consent calendar by Quezada.
S1264:
INITIATIVE; REFERENDUM & RECALL  
The Legislature declares that the constitutional and statutory requirements for initiative, referendum and recall be strictly construed and that persons using the process must strictly comply with the requirements. When a petition and application for an initiative or referendum petition or a recall petition are received by the Secretary of State and marked with an official time and date, the time-and-date-marked petition constitutes the official copy of the petition text and is the only valid copy of the text of the measure for circulation for signatures. For initiative and referendum petitions, the following apply: signatures collected by circulators who are not Arizona residents and who have not registered with the Secretary of State are invalid, unused signature lines must be marked with a line drawn through or with an "N/A" or other similar notation, and if the number of valid signatures as projected from the random sample is less than the minimum number required, the Secretary of State is required to retain the original signature sheets until after the conclusion of any litigation regarding the measure or until the time has expired for any litigation. For recall petitions, circulators are required to state whether he/she is a paid circulator or a volunteer by checking a line on the petition form before circulating the petition for signatures. Signatures obtained without this disclosure are void. After recall petitions are filed, the order calling a special recall election must be issued within 15 days and the recall election must be ordered to be held on the next following consolidated election date that is 120 days or more after the order. Additionally, election board members are no longer prohibited from having changed their political party affiliation or no party preference affiliation since the last preceding general election. If an alleged violator of campaign finance requirements raises a constitutional issue in defense of a court order for compliance, the alleged violator may request a hearing in superior court. AS PASSED SENATE. First sponsor: Sen. Reagan   General Comments (all lists):
MONITOR
4/16
stricken from House consent calendar by Quezada.
S1326:
DISCLOSURES; CAMPAIGN FINANCE; LOBBYING; ENFORCEMENT  
Effective January 1, 2014, the Citizens Clean Elections Commission is renamed the Public Accountability Commission, and is established as an autonomous, separate administrative and budget unit within the office of the Secretary of State. The Commission succeeds to the duties of the Secretary of State and the Attorney General with respect to acting as the investigatory, compliance and enforcement officer for campaign finance matters, financial disclosure matter and the registration and regulation of lobbyists. The Secretary of State and the Commission are required to develop an internet-based application for use in submitting lobbyist registrations and reports. For tax years beginning January 1, 2014, taxpayers that file a state income tax return may designate a $5 voluntary contribution to the Clean Elections Fund by checking an optional check-off box, and will receive a $5 reduction in the amount of tax for doing so. For tax years beginning January 1, 2014, a dollar-for-dollar income tax credit is established for voluntary donations to the Clean Elections Fund of up to 20 percent of a taxpayer’s tax amount or $500 per taxpayer, whichever is greater. Monies received from these contributions are to be used for updating and replacing election equipment used for county elections on evidence of county matching monies, with a county providing $3 for every $1 from the Fund. Due to voter protection, this bill requires the affirmative vote of at least 3/4 of each house of the Legislature for passage. First sponsor: Sen. Reagan
Others: Sen. Biggs, Sen. Landrum Taylor, Sen. Meza
  General Comments (all lists):
MONITOR
2/27
from Senate appro do pass.
S1332:
LOBBYING; DISCLOSURE; REPORTING  
Lobbyist expenditure reports must be filed monthly, instead of quarterly. The maximum value of expenditures that are exempt from individual expenditure reporting is decreased to $10, from $20. Certain lobbyist expenditures excluded from the definition of gift are no longer exempt from reporting requirements. Lobbyists must provide legislators with a declaration of the value of certain expenditures. Legislators are required to annually report each expenditure made by a lobbyist from which the legislator receives a benefit. The criminal classification for violations of lobbyist regulations and reporting requirements is increased to a class 6 (lowest) felony for violations involving amounts of less than $3,000 and to a class 5 (second lowest) felony for violations involving $3,000 or more. Also, the definition of "lobbying" is expanded to include attempting to influence the passage or defeat of legislation by communicating with the Governor or the Governor's staff. Effective January 1, 2014. First sponsor: Sen. Reagan
Others: Sen. Barto, Sen. Bradley, Sen. Crandall, Sen. Farley, Sen. Jackson, Jr., Sen. McComish, Sen. Worsley, Sen. Yee
  General Comments (all lists):
MONITOR
3/5
from Senate rules okay.
S1346 (Chapter 241):
CLASS ACTION; REFORM  
After the commencement of an action that is brought as a class action and after a hearing, the court is required to determine by order whether the action is to be maintained as a class action. If the court finds that an action should be maintained as a class action, the court is required to set forth its reasons, describe all evidence in support of its determination and certify the action in writing. The court's certification or refusal to certify a class action is appealable in the same manner as a final order or judgment. In the conduct of class actions, the court is authorized to make orders that determine the course of the proceedings, require that notice be given in any manner the court directs, and take various other actions. Applies only to causes of action filed after the effective date of this legislation. AS SIGNED BY GOVERNOR. First sponsor: Sen. Shooter
Others: Sen. Burges, Sen. Crandell, Sen. Griffin, Sen. McComish, Sen. Melvin, Sen. Pancrazi, Sen. S. Pierce, Sen. Ward, Sen. Yarbrough
  General Comments (all lists):

S1452 was original bill. S1346 is s/e vehicle; see 3/21 amendment.

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


6/20
signed by governor. Chap. 241, Laws 2013.
S1403:
UNITED NATIONS RIO DECLARATION; PROHIBITION  
The state and political subdivisions requiring officers and employees to support the U.S. Constitution, state Constitution and Arizona laws are prohibited from recognizing the United Nations or any of its declarations as legal authority in Arizona, including the U.N. Rio Declaration on Environment and Development and the Statement of Principles for Sustainable Development adopted at the U.N. Conference on Environment and Development held in Brazil in 1992. The state and political subdivisions are prohibited from directly and knowingly, for the express purpose of adopting or implementing the U.S. Rio Declaration, expanding any sum of money for, being a member of, receiving funding from, contracting services from, or giving financial or other forms of aid to any group that espouses the usurping or overthrow of the U.S. Constitution. AS PASSED SENATE. First sponsor: Sen. Burges
Others: Sen. Crandell, Sen. Griffin, Sen. Melvin, Sen. Murphy, Sen. Shooter, Sen. Ward
  General Comments (all lists):

April 4, 2012

Public Affairs Committee approves an OPPOSE position.


3/21
passed Senate 16-13; ready for House.
S1411:
SOCIAL MEDIA PASSWORDS; PROHIBITION  
Employers are prohibited from requesting or requiring that an employee or applicant disclose any user name, password or other means of accessing a personal account or service through an electronic communications device. Employers are prohibited from discharging or disciplining an employee, and from failing or refusing to hire an applicant for refusal to disclose this information. Does not prevent an employer from investigating certain violations, prescribing workplace policies governing the use of the employer's electronic equipment or monitoring the use of the employer's electronic equipment and electronic mail. First sponsor: Sen. Murphy
Others: Rep. Carter, Sen. Driggs, Sen. Shooter
  General Comments (all lists):
MONITOR
2/21
from Senate com-energy-mil with amend #4274.
S1452:
CLASS ACTION LAWSUITS  
One or more members of a class of persons who are Arizona resident may sure as representative parties on behalf of all members of the class if specified conditions are met. Conditions under which an action may be maintained as a class action are also specified, and the proponents must offer clear and convincing evidence that the action complies with these requirements for the court to certify an action as a class action. In any class action, the court is required to direct the best notice practicable to the members of the class, and the notice must include specified information. Establishes a list of orders that the court is permitted to make in the conduct of class actions. Class actions cannot be dismissed or compromised without court approval. First sponsor: Sen. Yee
Others: Rep. Carter, Sen. Crandell, Sen. Driggs, Rep. Fann, Rep. Goodale, Sen. Griffin, Sen. McComish, Sen. Melvin, Sen. S. Pierce, Sen. Reagan, Sen. Ward, Sen. Worsley
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


3/18
Senate voted to reconsider 3/18 failure to pass bill. Date of second vote to be set by president.
S1454 (Chapter 254):
ELECTIONS; CAMPAIGN FINANCE; HOAS  
The use by a candidate's campaign committee of a distinctive trade name, trademark or trade dress item, including a logo, that is owned by a business or other entity owned by the candidate or in which the candidate has a controlling interest is deemed to be an in-kind contribution and must be reported as required by law. Clean elections participating candidates are prohibited from using clean elections monies to purchase goods or services that bear a distinctive trade name, trademark or trade dress item, including a logo, that is owned by a business or other entity owned by the candidate or in which the candidate has a controlling interest. The use of these goods or services is deemed to be an unlawful in-kind contribution to the participating candidate. For the purpose of required disclosures for campaign literature and advertisements, the disclosures must include the words "paid for by" followed by the name of the entity making the expenditure, must be written and spoken at the end of the communication, and must be printed in letters displayed in a height of at least four percent of the vertical picture height. Some exceptions. Signs paid for by a candidate with campaign monies or by a candidate's campaign committee are no longer exempt from the requirement for campaign literature or signs to include the words "paid for by" followed by the name of the committee. Political signs may contain the name and website address of the candidate or campaign committee contact person, instead of the name and telephone number. For the purpose of determining whether an expenditure is an independent expenditure, serving on a host committee for a fundraising event does not presumptively demonstrate coordination between a candidate and the person making the expenditure. In order to be certified as a political committee that is permitted to make campaign contributions at higher limits, the committee must receive $10 or more from 500 or more individuals in the preceding two years, increased from one. A certification is valid for four years, increased from two. When determining the three largest contributors to a political committee making an independent expenditure for the purpose of required disclosure, only contributions made during the calendar year in which the independent expenditure is made are considered. A person may rely on the federal Election Commission's rules and other guidance adopted as of January 1, 2013 in interpreting statute listing permitted political contributions. Counties are required to designate a polling place as an emergency polling place and thus prohibit electioneering if either an act of God renders a previously set polling place as unusable, or a county recorder or other officer has exhausted all options and there are no suitable facilities in a precinct that are willing to be a polling place unless a facility can be given an emergency designation. Counties that designate emergency polling places are required to post on their website the number of attempts that were made to find a polling place before granting an emergency designation. In order to comply with legislation passed in 2012 providing for consolidated election dates, municipalities are permitted to lengthen the term of office for municipal elected officials. For any municipality whose alternate expenditure limit expires in the spring of 2014, the statutory penalties do not apply in FY2015 provided the municipality seeks voter approval of an alternative expenditure limit in the fall of 2014. For a limit that expires in 2015 or 2016, the statutory penalties do not apply in FY2015, 2016 or 2017 and the amount of the expenditure limitation remains at the level established prior to the expiration if the municipality seeks voter approval of an alternative expenditure limitation at the next eligible regular election in 2014, 2015, or 2016. Establishes a 6-member City and Town Approval Voting Study Committee to study a system of approval voting in municipal primary elections, where the voter is permitted to vote for as many candidates for a single office as the voter chooses to approve and the two candidates receiving the highest number of votes advance to the general or runoff election. The Committee is repealed January 1, 2014. Municipal planning agencies and county planning and zoning commissions are prohibited from requiring a subdivider or developer to establish a homeowner's association as part of a subdivision regulation or zoning ordinance. Subdividers or developers cannot be penalized because a subdivision or development does not constitute or include a planned community. Municipalities and counties are permitted to require a subdivider or developer to establish an association to maintain private, common or community owned improvements. For an HOA that is contracted with a management company, the company and its employees are authorized to act on behalf of the HOA and the HOA Board by recording a lien or notice of claim of lien of the HOA or appearing on behalf of the HOA in a small claims court action when specified conditions are met. Homeowners and condo association members are permitted to use the member's property as a rental property unless prohibited in the declaration, and to designate a third party to act as agent with respect to HOA matters on the property. The HOA is prohibited from requiring a copy of rental applications or contracts or requiring a tenant to limit or waive rights of due process as a condition of occupancy. The HOA is permitted to charge an administrative fee of up to $25 for each new tenancy. Condominium associations cannot prohibit the indoor or outdoor display of a "political sign" (defined) by a unit owner on the owner's property, except earlier than 71 days before election day and later than 3 days after election day. Severability clause. Due to voter protection, the clean elections related changes required the affirmative vote of 3/4 of each house of the Legislature for passage. AS SIGNED BY GOVERNOR. First sponsor: Sen. Yee
Others: Sen. Barto, Sen. Meza, Sen. Reagan
  General Comments (all lists):

 conditionalfloors conditional support on Ugenti amendment

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


6/20
signed by governor. Chap. 254, Laws 2013.
S1463:
COUNTIES; FLOOD CONTROL DISTRICTS; RULES  
County boards of supervisors and county flood control district boards are required to adopt procedures for the adoption, amendment, repeal and enforcement of rules that contain at least specified provisions, including public notice at various stages and a public meeting at which the public is able to provide comments on the proposed rule. Some exceptions. Except for rules approved before the effective date of this legislation, a county or district rule cannot be enforced without substantial compliance with this legislation. Effective January 1, 2014 for a county with a population of 375,000 or more, and January 1, 2015 for a county with a population of less than 375,000. AS PASSED SENATE. First sponsor: Sen. Griffin
Others: Sen. Ableser, Rep. Allen, Sen. Barto, Rep. Barton, Sen. Biggs, Rep. Borrelli, Rep. Boyer, Sen. Bradley, Rep. Brophy McGee, Sen. Burges, Sen. Cajero Bedford, Rep. Cardenas, Rep. Carter, Sen. Crandall, Sen. Crandell, Rep. Dial, Sen. Driggs, Rep. Fann, Sen. Farley, Sen. Gallardo, Rep. Gowan, Sen. Hobbs, Sen. Landrum Taylor, Sen. Lopez, Sen. McComish, Sen. McGuire, Sen. Melvin, Rep. Mesnard, Sen. Meza, Rep. Mitchell, Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep. Orr, Sen. Pancrazi, Rep. Petersen, Rep. J. Pierce, Sen. S. Pierce, Rep. Pratt, Rep. Quezada, Sen. Reagan, Rep. Robson, Rep. Saldate, Rep. Seel, Sen. Shooter, Rep. Shope, Rep. Smith, Rep. Stevens, Rep. Thorpe, Sen. Tovar, Rep. Townsend, Sen. Ward, Sen. Worsley, Sen. Yarbrough, Sen. Yee
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


3/5
referred to House gov.
SCR1006:
INITIATIVE PETITIONS; FILING DATE  
The 2014 general election ballot is to carry the question of whether to amend the state Constitution to change the deadline for filing initiative petitions to six months immediately preceding the election, instead of four months preceding the election. AS PASSED SENATE. First sponsor: Sen. Reagan   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Legal and Regulatory Reform Issue Committee recommends a SUPPORT position

 


2/28
from House jud do pass.
SCR1019:
INITIATIVE, REFERENDUM; SIGNATURE ALLOCATION  
The 2014 general election ballot is to carry the question of whether to amend the state Constitution to modify the requirements for initiative petitions to qualify for the ballot. The number of qualified electors must be computed statewide, but the statewide total must be apportioned to and signatures are required to be collected from at least five different counties. At least 25 percent of the total minimum number of required signatures must be collected from counties other than the two most populous counties (Maricopa and Pima). AS PASSED SENATE. First sponsor: Sen. Reagan   3/21
from House jud do pass.