Public Affairs Committee
51st Legislature - 1st Regular Session, 2013 Wednesday, Dec 13 2017 7:07 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.
H2044:
AHCCCS; CONTINUATION  
The statutory life of the Arizona Health Care Cost Containment System is extended 10 years to July 1, 2023. Retroactive to July 1, 2013. First sponsor: Rep. Carter   General Comments (all lists):

 

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

 

January 22, 2013

Insurance and Health Care Issue Committee recommends SUPPORT position.


3/5
from Senate rules okay. Stricken from Senate consent calendar by Biggs.
H2045 (Chapter 202):
HEALTH CARE; DIRECT PAY; AHCCCS RATES  
Effective January 1, 2014, "health care providers" and "health care facilities" (both defined) are required to make available on request or online the direct pay price for at least the 25 most common services for a provider and at least the 50 most used diagnosis-related group codes and the 50 most used outpatient service codes for a facility, which must be updated at least annually. Does not apply to emergency services. Health care providers who are owners or employees of a legal entity with fewer than three licensed health care providers, veterans administration facilities, health facilities on military bases, Indian health services hospitals and other Indian health service facilities, tribal owned clinics, the Arizona State Hospital and any facility that the Department of Health Services determines does not serve the general public are exempt. Does not prevent a health care provider or facility from offering additional discounts or services to a person or employer paying directly. Government agencies or government-authorized entities are prohibited from approving, disapproving or limiting a health care provider or facility's ability to change the published or posted direct pay price for services. Health care providers or facilities that accept direct payment are deemed paid in full if the entire fee for the service is paid and are prohibited from submitting a claim for payment or reimbursement for that service to any "health care system" (defined). Before a health care provider or facility accepts direct payment, the provider or facility must obtain the person's signature on a notice about direct payment that is substantially similar to a specified form. These requirements self-repeal January 1, 2022. The AHCCCS reimbursement rates for inpatient hospital stays are extended one year to be valid through September 30, 2014. Upon expiration of those rates, the AHCCCS Administration is authorized to adopt a hospital reimbursement methodology consistent with the Social Security Act, and to make additional adjustments to the rates based on specified factors. The AHCCCS Administration is no longer required to obtain legislative approval before adopting the new rates. The AHCCCS Administration is authorized to consider the published diagnosis-related group codes when making adjustments to inpatient hospital reimbursement rates. A legislative intent section states that the Legislature intends for the methodology to be budget neutral in the aggregate. Severability clause. AS SIGNED BY GOVERNOR. First sponsor: Rep. Carter   General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 19, 2013

Insurance and Health Care Committee recommends SUPPORT position.

 


6/19
signed by governor. Chap. 202, Laws 2013.
H2047:
PUPIL ASSESSMENTS; AIMS TRANSITION  
Effective July 1, 2014, the Arizona Instrument to Measure Standards (AIMS) test is eliminated and replaced with a competency test adopted by the State Board of Education. The competency test must measure student achievement of academic standards in reading, writing and mathematics in at least four grades. The minimum course of study and competency requirements for the graduation of students from high school that are prescribed by the Board may incorporate results of competency tests adopted by the Board. The Board is no longer prohibited from requiring students to pass social studies or science standards for high school graduation. The requirement for the Board to implement a statewide nationally standardized norm-referenced achievement test is also deleted. Various requirements relating to the norm-referenced test and the AIMS test are modified to reference the competency test. Additionally, the alternative high school graduation requirements for students who do not pass AIMS are repealed effective January 1, 2017. Session law provides that for students graduating in 2015 and 2016, a minimum score determined by the Board on the competency test may be substituted for passing scores on the AIMS for a student in 12th grade. AS PASSED HOUSE. First sponsor: Rep. Goodale
Others: Rep. Boyer
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 15, 2013

Workforce Readiness Issue Committee recommends a SUPPORT position.


3/21
Senate educ no action.
H2091:
AHCCCS; ORTHOTIC SERVICES; STUDY CMTE  
Effective October 1, 2014, the list of medically necessary services that AHCCCS contractors are required to provide is expanded to include an orthotic device utilized for a qualifying condition, if specified conditions are met. Establishes a 7-member Study Committee on Orthotic Device Coverage to research the impact of the loss of and of providing orthotic device coverage on AHCCCS members and the system and to recommend the qualified conditions for orthotic device coverage under AHCCCS that will provide a cost savings to the state. The Committee is required to submit a report to the Governor and the Legislature by October 31, 2013 and self-repeals October 1, 2014. AS PASSED HOUSE. First sponsor: Rep. Brophy McGee
Others: Rep. Carter
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 19, 2013

Insurance and Health Care Committee recommends SUPPORT position.

 


4/25
Senate COW approved with amend #4838; amend 4903 was withdrawn. NOTE SHORT TITLE CHANGE.
H2111 (Chapter 255):
TRANSACTION PRIVILEGE TAX CHANGES  
Numerous changes related to transaction privilege taxes (TPT) and affiliated excise taxes. The Department of Revenue is required to provide a coordinated electronic method of collecting state and municipal TPT and affiliated excise taxes. The Dept is required, rather than permitted, to collect and administer TPT and use taxes imposed by municipalities and to enter into intergovernmental agreements with municipalities to provide a uniform method of administration, collection, audit and licensing of TPT and affiliated excise taxes. The contract or agreement must include criteria for the denial of a request from a municipality for an audit of a taxpayer that is engaged in business in more than one municipality. The Dept and municipalities that levy TPT and affiliated excise taxes are required, rather than permitted, to enter into agreements to provide for unified or coordinated licensing, collection and auditing programs for such taxes. Required provisions for the intergovernmental agreements are specified, including that all audits must be conducted in accordance with standard audit procedures defined by the Dept, and that all audits must include all taxing jurisdictions regardless of which jurisdiction conducts the audit, with some exceptions. Municipalities are no longer prohibited from employing auditors on a contingent fee basis. For the period beginning January 1, 2015 through December 31, 2015, municipalities are authorized to enter into an agreement with the Dept whereby the Dept furnishes personnel to perform audit services and the municipality pays the Dept an agreed upon amount. By January 1, 2015, the online portal for the administration and collection of TPT and affiliated excise taxes must be modified so that a taxpayer who is required to pay any TPT and affiliated excise taxes to the state or a county or municipality may report and pay the required tax through the online portal. The portal must be administered by the Dept, and the costs of the portal must be paid by the municipalities that did not have an intergovernmental contract or agreement in effect as of January 1, 2013 with the Dept to provide for unified or coordinated licensing, collection and auditing programs. The expanded portal is required to include a single point for licensing and filing a single return for TPT for all taxing jurisdictions, consolidate data and capture data with sufficient specificity to meet the needs of all taxing jurisdictions, and allow for identification of the correct taxing jurisdictions and tax rates based on where the transaction is sourced. Taxpayers can no longer be charged a fee to use the portal. Taxpayers that do not report and pay the required tax to a municipality through the portal are required to file and pay the tax to the Dept, if the Dept has developed the tools necessary to capture data with sufficient specificity to meet the needs of all taxing jurisdictions. Confidential information relating to any tax collected by the Dept on behalf of any jurisdiction may be disclosed to any county or municipal tax official if the information relates to a taxpayer who is or may be taxable by the county or municipality or who may be subject to audit by the Dept. Requirements for the sourcing of transactions are established. Retail sales of tangible personal property must be sourced to the seller’s business location if the seller receives the order at a business location in Arizona, or to the purchaser’s location in Arizona if the seller receives the order at a business location outside of Arizona. For the purposes of municipal excise taxes, the jurisdiction with the right to tax a sale of tangible personal property is the municipality where the order is received (defined), or where the stock is located from which the property is taken, or where the transfer of title or possession of the property occurred. The gross receipts from leasing or renting tangible personal property must be sourced to the lessor’s business location in Arizona or to the lesee’s address if the lessor does not have a business location in Arizona. The list of exemptions from the retail TPT classification is modified to remove sales of property, other than motor vehicles, to nonresidents for use outside the state if the vendor ships or delivers the property out of the state, and sales of property that is shipped or delivered directly to a destination outside the U.S. for use in a foreign country. The deductions for TPT and affiliated excise taxes do not include machinery and equipment or tangible personal property used by a contractor in the performance of a contract. The list of deductions from gross income derived from the business of prime contracting for the purpose of computing the TPT base and the list of income exempt from municipal TPT are expanded to include gross income derived from a contract with the owner of real property for the maintenance, repair or replacement of existing property if the contract does not include "modification" (defined) activities. The Dept is required to prescribe a form for a certificate to be used by a contractor that is not subject to the prime contracting classification when purchasing tangible personal property to be incorporated or fabricated by the person into any real property, structure or improvement. The contractor must obtain a new certificate for each project and must meet specified conditions to qualify for the certificate. The owner builder sales transaction privilege tax classification is eliminated. The maximum rate for a county’s transportation excise tax on jet fuel is changed to 10 percent of the rate levied by the state, instead of .305 cents per gallon of jet fuel sold. The Joint Legislative Budget Committee is required to prepare a report of the revenue impact analysis resulting from this legislation by September 30, 2016, and to provide copies of the report to the Governor and the Legislature. The analysis must include an estimated impact on revenues for the state and the counties and municipalities. Effective January 1, 2015. AS SIGNED BY GOVERNOR. First sponsor: Rep. Lesko   General Comments (all lists):

s/e for HB2657.

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 22, 2013

Budget and Tax Issue Committee recommends SUPPORT position.


6/25
signed by governor. Chap. 255, Laws 2013.
H2147 (Chapter 17):
UNEMPLOYMENT BENEFITS; PROOF; ELIGIBILITY  
The Department of Economic Security must require an individual filing a claim for unemployment benefits to provide documentation or information sufficient for the Dept to determine his/her eligibility for benefits. The Dept is authorized to find a claim from an individual who has the ability to produce documents or information and fails to do so invalid until the documents or information are produced. Employers are required to provide relevant documentation to the Dept upon request to allow the Dept to determine an individual's eligibility for unemployment benefits. If an employer provides documentation that an individual voluntarily resigned or abandoned employment, the burden of providing documentation to determine the individual's eligibility for benefits shifts to the individual. A person who receives unemployment benefits to which the person is not entitled by reason of fraud is not eligible to receive any benefits until the overpayment and all penalties and interest have been recovered or satisfied in compliance with a civil judgment. AS SIGNED BY GOVERNOR. First sponsor: Rep. Petersen
Others: Rep. Boyer, Rep. Coleman, Rep. Dial, Rep. E. Farnsworth, Rep. Forese, Rep. Kavanagh, Sen. McComish, Rep. Robson, Sen. Yarbrough
  General Comments (all lists):

March 19, 2013

Workforce Readiness Issue Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


3/28
signed by governor. Chap. 17, Laws 2013.
H2172 (Chapter 90):
ADOT ADMINISTRATION  
The State Transportation Board is authorized to issue parity bonds to refund or refinance any outstanding bonds if certain criteria are met. On a monthly basis, the Director of the Department of Transportation is required to deposit 1.6 percent of motor vehicle fuel tax monies in the State Lake Improvement Fund. Repeals statute requiring the Dept to conduct a survey to determine the taxes paid on fuel for watercraft in order to determine the amount put in the Fund. The maximum amount of the bond required of a motor fuel supplier is increased to $5 million, from $1 million. AS SIGNED BY GOVERNOR. First sponsor: Rep. Fann   General Comments (all lists):

March 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


4/11
signed by governor. Chap. 90, Laws 2013.
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.
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.
H2275:
INSURANCE PREMIUM TAX; REDUCTION  
The insurance premium tax rate is decreased from 2 percent to 1.9 percent in 2014, 1.8 percent in 2015, and 1.7 percent in 2016 and after. First sponsor: Rep. Forese
Others: Rep. Livingston, Rep. J. Pierce, Rep. Thorpe
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 22, 2013

Insurance and Health Care Issue Committee recommends a SUPPORT position.


2/27
House appro held.
H2296:
UNDERGROUND STORAGE TANK PROGRAM  
The repeal of the Underground Storage Tank (UST) tax and Assurance Account is moved to December 31, 2014, from December 31, 2013. Retroactive to July 1, 2013, applications for reimbursement or direct payment of eligible costs from the UST Assurance Account must be filed by June 30, 2014, instead of 2010. Monies in the Regulated Substance Fund are continuously appropriated. Establishes a 12-member UST Program Study Committee to consider needs and possible sources for future funding of the UST program and related issues. The Committee is required to submit a report of its findings and recommendations to the Governor and the Legislature by November 1, 2013. The Committee self-repeals January 1, 2014. AS PASSED HOUSE. First sponsor: Rep. Pratt   General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 16, 2013

Agriculture, Environment, and Water Issue Committee recommends a SUPPORT position


3/27
from Senate appro with amend #4899.
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.
H2324 (Chapter 27):
TPT EXEMPTION; LEASES; AFFILIATED COMPANIES  
The commercial lease classification for transaction privilege tax does not include leasing real property between "affiliated companies, businesses or persons," defined as the lessor owning at least 80 percent interest in the lessee, the lessee owning at least 80 percent interest in the lessor, or an affiliated entity or unrelated person owning at least 80 percent interest in both, or leasing real property by a "reciprocal insurer" (defined elsewhere in statute). Municipalities and special taxing districts are prohibited from levying a transaction privilege or use tax on gross income derived from leasing real property between affiliated companies, businesses or persons, or by a reciprocal insurer. AS SIGNED BY GOVERNOR. First sponsor: Rep. E. Farnsworth   General Comments (all lists):

March 11, 2013

Budget and Tax Issue Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


4/3
signed by governor. Chap. 27, Laws 2013.
H2347 (Chapter 188):
TAX LEVY; BOND COSTS; PUBLIC INVESTMENTS  
The annual tax levy for both the principal and interest payment on local government bonds, including a reasonable tax delinquency factor, is prohibited from exceeding the net amount necessary to make the annual bond payment and the reasonable delinquency factor, including an amount necessary to correct prior year errors in the levy and any expenses and fees required by federal tax laws. The list of eligible investments for public monies invested by the State Treasurer is modified to include bonds of special taxing districts, and to allow investment in any evidences of indebtedness that are denominated in U.S. dollars and that carry at least an "A" rating from two or more nationally recognized rating agencies. The requirement that bonds or notes invested in by the State Treasurer be issued by corporations organized and doing business in the U.S. is eliminated. AS SIGNED BY GOVERNOR. First sponsor: Rep. Lesko
Others: Rep. Kwasman, Rep. Mesnard, Rep. Olson, Rep. Petersen, Sen. Reagan, Sen. Yarbrough
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

 


5/7
signed by governor. Chap. 188, Laws 2013.
H2356 (Chapter 57):
INSURANCE; PROHIBITED INDUCEMENTS  
The aggregate value of prizes or merchandise exempt from the prohibition on insurers offering items as an inducement to insurance is increased to $25, from $10. AS SIGNED BY GOVERNOR. First sponsor: Rep. Livingston
Others: Rep. Allen, Rep. Borrelli, Rep. Coleman, Rep. Kwasman, Rep. Lesko, Rep. Mitchell, Rep. Orr, Rep. Petersen, Rep. Seel, Rep. Thorpe, Rep. Townsend
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

January 22, 2013

Insurance and Health Care Issue Committee recommends a SUPPORT position.


4/5
signed by governor. Chap. 57, Laws 2013.
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.
H2399:
SCHOOL DISTRICTS; BONDED INDEBTEDNESS LIMITATIONS  
The maximum aggregate amount of class B bonds issued by a school district is increased to 10 percent of the taxable property used for secondary property tax purposes, from 5 percent. The maximum aggregate amount of class B bonds issued by a unified school district is increased to 20 percent of the taxable property used for secondary property tax purposes, from 10 percent. The new limits apply to bonds issued pursuant to elections held both before and after the effective date of this legislation. AS PASSED HOUSE. First sponsor: Rep. Carter
Others: Rep. Dial, Sen. McComish, Rep. Robson, Rep. Stevens
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves an OPPOSE position.

February 11, 2013

Budget and Tax Issue Committee recommends OPPOSE position.

 


6/14
referred to Senate rules only.
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.
H2456:
REVENUE ALLOCATION DISTRICTS  
Municipalities are authorized, on presentation of a petition signed by the owners of at least 51 percent of the relevant land, to form revenue allocation districts to undertake projects for economic development, reduce the loss of commerce or employment, or increase employment. Regulations are established for revenue allocation districts, including district formation and dissolution, district powers, and authority to issue bonds and levy taxes. Elections are required to approve bond issuance and regulations on the terms of bonds are established. District projects may be financed from the sale of revenue bonds or general obligation bonds, tax revenues from increment value of taxable real and personal propoerty allocated to the district by the municipality, incremental increases in transaction privilege tax revenue, and any other means lawfully available. Contains legislative findings. AS PASSED HOUSE. First sponsor: Rep. Lovas
Others: Rep. Borrelli, Rep. Campbell, Rep. Fann, Rep. Forese, Rep. Gowan, Rep. Gray, Rep. Livingston, Rep. Mesnard, Rep. Orr, Rep. Robson, Rep. Shope, Rep. Stevens, Rep. Thorpe, Rep. Wheeler, Sen. Yarbrough
  General Comments (all lists):

March 13, 2013

Economic Development Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


3/25
from Senate gov-env do pass.
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.
H2485 (Chapter 146):
HEALTH & SAFETY AUDIT PRIVILEGE  
An audit report for an audit to evaluate compliance with a "health or safety law" (defined) or an industry standard with respect to safety, reliability or training is required to include each document and communication that is created for the audit. Types of documents and information that may be included in an audit are specified. Any part of an audit report is privileged and is not admissible as evidence or subject to discovery in a legal or equitable civil action or an administrative proceeding. Some exceptions. A witness cannot be compelled to testify or produce a document related to an audit in specified circumstances. Does not provide civil or ciminal immunity to an organization or affect any other privilege available under the law. Does not apply to a health professional or a health care institution. AS SIGNED BY GOVERNOR. First sponsor: Rep. Carter
Others: Rep. Barton, Rep. Brophy McGee, Rep. Goodale, Rep. Mitchell, Rep. Olson, Rep. Orr, Rep. Robson, Rep. Shope, Rep. Stevens
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

December 18, 2012

Workforce Readiness Issue Committee recommends a SUPPORT position.


4/29
signed by governor. Chap. 146, Laws 2013.
H2488:
200-DAY SCHOOL CALENDAR; FUNDING  
A school district or charter school, including individual schools or multiple schools within a district for operated by a charter holder, that elects to provide 200 days of instruction may increase its base level by eight percent, increased from five percent. Applies to a school district or charter school regardless of the letter grade assigned, and 200 days of instruction may be incorporated into school improvement plans. School districts and charter school must notify the Dept of Education by November 1 in the preceding fiscal year of plans to offer instruction for 200 days. The increased base level does not apply in FY2013-14 unless approval to offer 200 days of instruction was obtained by November 1, 2012 and the Dept approves it for FY2013-14. AS PASSED HOUSE. First sponsor: Rep. Boyer
Others: Rep. Carter, Rep. Coleman, Rep. Goodale, Rep. Lesko, Rep. Orr, Rep. Thorpe, Rep. Townsend, Sen. Yee
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 19, 2013

Workforce Readiness Issue Committee recommends a SUPPORT position

 


3/28
from Senate appro with amend #4912.
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.
H2535 (Chapter 153):
INDEPENDENT FUNCTIONAL UTILITY  
When computing the transaction privilege tax base for the prime contracting classification, the deduction from gross income for the installation, assembly, repair or maintenance of machinery, equipment or other tangible personal property that does not become a permanent attachment to a building or other structure is changed to exclude property that has an "independent functional utility" (defined as able to independently perform its function without attachment to real property other than specified forms of attachment) instead of property that does not become a permanent attachment. The list of items that municipalities and special taxing districts are prohibited from levying a transaction privilege or use tax on is expanded to include the gross proceeds of sales or gross income derived from a contract for the installation, assembly, repair or maintenance of machinery, equipment or other tangible personal property that has independent functional utility. Retroactive to taxable periods beginning July 1, 1997. Any claim for refund of tax based on the retroactive application is considered timely filed if filed with the Department of Revenue or the appropriate municipality by December 31, 2013. The aggregate amount of refunds based on the retroactive application is capped at $10,000. Contains a legislative intent section. Savings clause. AS SIGNED BY GOVERNOR. First sponsor: Rep. Olson   General Comments (all lists):

 

April 12, 2013

Public Affairs Committee approves SUPPORT position.


April 8, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

 


4/29
signed by governor. Chap. 153, Laws 2013.
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.
H2544 (Chapter 230):
AZ POWER AUTHORITY; FINANCING  
The Arizona Power Authority is authorized to finance or refinance the state's proportionate share of the costs incurred by the U.S. for the Hoover visitor facilities and the state's proportionate share of the costs incurred by the federal Bureau of Reclamation for the air slot treasury loan for the construction of air slots at Hoover Dam. The Arizona Power Authority is authorized to pledge its contracts, rights and interests in or to power and energy from the Hoover power plant as security for bonds and notes for the Hoover visitor facilities or the air slots at Hoover Dam. AS SIGNED BY GOVERNOR. First sponsor: Rep. Olson   General Comments (all lists):

 

March 20, 2013

Agriculture, Environment, and Water recommends a SUPPORT position

March 22, 2013

Public Affairs Committee issues a SUPPORT position

 


6/19
signed by governor. Chap. 230, Laws 2013.
H2550 (Chapter 215):
HEALTH INSURANCE; POLICIES; RATING AREAS  
The Director of the Department of Insurance is required to ensure that the state retains its full authority to regulate health insurance policies and contracts, taking into consideration the enactment of the federal Patient Protection and Affordable Care Act (PPACA). Health insurers subject to PPACA are prohibited from issuing a contract or policy or otherwise transacting insurance inconsistent with the applicable provisions of PPACA. Establishes "rating areas" (defined as an area within which a health insurer cannot vary rates based on geography) for the issuance of individual and small group health insurance policies and contracts, with some exceptions. Conditionally repealed as of the date a specified section of the PPACA is declared unconstitutional by the U.S. Supreme Court or is repealed by the U.S. Congress. AS SIGNED BY GOVERNOR. First sponsor: Rep. Carter   General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 19, 2013

 

Insurance and Health Care Committee recommends SUPPORT position.

 


6/19
signed by governor. Chap. 215, Laws 2013.
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.
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
H2608 (Chapter 217):
EORP; CLOSURE; DEFINED CONTRIBUTION  
Establishes an Elected Officials’ Defined Contribution Retirement System (EODCRS) for elected officials who are elected or appointed on or after January 1, 2014 and who were not a member of the plan on December 31, 2013. Beginning January 1, 2014, the EODCRS is the retirement program for elected officials, and elected officials must be enrolled in the defined contribution plan established by the Public Safety Personnel Retirement System (PSPRS). The PSPRS Board is responsible for the administration of the EODCRS, and is required to annually report the status of the EODCRS to the Governor and the Legislature. Each EODCRS member must contribute eight percent of gross compensation by salary reduction, which is deposited in the member’s annuity account. Each employer is required to annually make a contribution equal to six percent of each member’s gross compensation. Also establishes an EODCRS disability program and requires all EODCRS members to participate in the disability program. Beginning January 1, 2014, employers are required to contribute the percentage of the gross compensation of all the EODCRS members under their employment so that the total employer contributions equals the amount the PSPRS Board determines is necessary to pay 1/2 of all benefits under and costs of administering the disability program, and members are required to contribute the same amount. Employer and employee disability contributions must be determined by the system actuary in an annual valuation using specified methods. Eligibility for a disability benefit and the amount of the benefit is determined in the same manner as EORP disability benefits. A person who knowingly falsifies any record of the disability program with intent to defraud is guilty of a class 6 (lowest) felony. Retired members of the EODCRS may elect to obtain group health insurance coverage through the Arizona State Retirement System, but must pay the premium for the coverage selected and are not eligible for premium assistance benefits. The Elected Officials’ Retirement Plan (EORP) is available only to elected officials who were a member of the plan before January 1, 2014. An elected official who is elected or appointed on or after January 1, 2014 and who was not a member of the plan on December 31, 2013 is not eligible for EORP. Beginning January 1, 2014 through June 30, 2044, each EORP employer is required to make level percent compensation contributions of 23.5 percent of the compensation of all employees who are members of EORP or the EODCRS to meet the normal cost plus an amount to amortize the unfunded accrued liability. This employer contribution cannot be used to pay for an increase in benefits to members. In FY2013-14 through FY2042-43, appropriates $5 million in each FY from the general fund to the EORP Fund to supplement the normal cost plus an amount to amortize the unfunded accrued liability. These appropriations cannot be used to pay for an increase in benefits to members. AS SIGNED BY GOVERNOR. First sponsor: Rep. Lovas
Others: Rep. Allen, Sen. Barto, Sen. Biggs, Rep. Borrelli, Rep. Boyer, Rep. Brophy McGee, Sen. Burges, Sen. Crandell, Rep. Fann, Rep. Forese, Rep. Gray, Sen. Griffin, Rep. Kwasman, Rep. Lesko, Rep. Livingston, Sen. McComish, Sen. Melvin, Rep. Mesnard, Rep. Mitchell, Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep. Petersen, Rep. J. Pierce, Sen. S. Pierce, Sen. Reagan, Rep. Robson, Sen. Shooter, Rep. Shope, Rep. Smith, Rep. Thorpe, Rep. Tobin, Rep. Townsend, Rep. Ugenti, Sen. Ward, Sen. Worsley, Sen. Yarbrough, Sen. Yee
  General Comments (all lists):

 

March 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position

 


6/19
signed by governor. Chap. 217, Laws 2013.
H2657:
TRANSACTION PRIVILEGE TAX CHANGES  
Numerous changes related to transaction privilege taxes (TPT) and affiliated excise taxes. Requirements for the sourcing of transactions are established, effective January 1, 2014. Retail sales of tangible personal property must be sourced to the seller’s business location if the seller receives the order at a business location in Arizona, or to the purchaser’s location in Arizona if the seller receives the order at a business location outside of Arizona. For the purposes of municipal excise taxes, the jurisdiction with the right to tax a sale of tangible personal property is the municipality where the order is received (defined), or where the stock is located from which the property is taken, or where the transfer of title or possession of the property occurred. The gross receipts from leasing or renting tangible personal property must be sourced to the lessor’s business location in Arizona or to the lesee’s address if the lessor does not have a business location in Arizona. The list of exemptions from the retail TPT classification is modified to remove sales to nonresidents for use outside the state if the vendor ships or delivers the property out of the state, and sales of property that is shipped or delivered directly to a destination outside the U.S. for use in a foreign country. Effective January 1, 2015, the prime contracting and owner builder sales transaction privilege tax classifications are eliminated and replaced with a manufactured building dealer classification. The sale of tangible personal property to a “contractor” (defined), regardless of whether it will be incorporated into a building or structure, is considered to be a retail sale and is subject to retail TPT unless otherwise exempt. Prime contracting TPT distributions to political subdivisions are deleted. Tangible personal property sold to a manufactured building dealer is only exempt from the retail TPT classification only if the property is to be incorporated or fabricated into a manufactured building. Numerous items are removed from the list of deductions from the tax base for the manufactured building dealer classification (formerly prime contracting). Once the distribution of revenues for municipal or county infrastructure improvements related to manufacturing facilities has reached the maximum amount, 40 percent of the remaining TPT revenues from the retail classification are designated as the distribution base for state shared revenues, increased from 20 percent. The Department of Revenue is required, rather than permitted, to collect and administer TPT and use taxes imposed by municipalities and to enter into intergovernmental agreements with municipalities to provide a uniform method of administration, collection, audit and licensing of TPT and affiliated excise taxes. Municipalities are prohibited from employing auditors and entering into contracts with a party other than the state for the collection, administration and processing of TPT or affiliated taxes. Municipalities are prohibited from levying a TPT or use tax on construction contracting, owner builder sales or speculative building. Municipalities are no longer prohibited from levying a TPT or use tax on sales of motor vehicles to nonresidents for use outside the state or on any amount attributable to development fees incurred in relation to construction. Effective January 1, 2014, if a county or special taxing district levies one or more excise taxes on the effective date of this legislation, and if approved by the voters at a county-wide or district-wide election, a county or district is authorized to levy an excise tax on the storage, use or consumption in the county of tangible personal property purchased from a retailer, as a percentage of the sales price. The tax must be at a rate equal to the sum of the rates of all the excise taxes levied on the effective date. The Department of Revenue is required to collect the tax. Session law provides that this legislation does not apply to or affect the tax liability of contracts entered into before January 1, 2015 by a person engaged in business under the prime contracting classification or the construction contracting, owner builder or speculative builder classification of the model city tax code, or to the sale of tangible personal property to a contractor for incorporation into a project that was subject to a tax deduction. First sponsor: Rep. Lesko
Others: Sen. Ableser, Rep. Allen, Sen. Barto, Rep. Barton, Sen. Biggs, Rep. Boyer, Rep. Brophy McGee, Sen. Burges, Rep. Cardenas, Rep. Carter, Rep. Coleman, Sen. Crandall, Sen. Crandell, Sen. Driggs, Rep. Fann, Sen. Farley, Rep. Forese, Rep. Gallego, Rep. Gowan, Rep. Gray, Rep. Kwasman, Rep. Livingston, Rep. Lovas, Sen. McComish, Rep. Mesnard, Sen. Meza, Rep. Miranda, Rep. Mitchell, Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep. Orr, Rep. Petersen, Rep. J. Pierce, Sen. S. Pierce, Rep. Pratt, Sen. Reagan, Sen. Shooter, Rep. Shope, Rep. Thorpe, Rep. Tobin, Rep. Townsend, Sen. Ward, Rep. Wheeler, Sen. Worsley, Sen. Yarbrough, Sen. Yee
  General Comments (all lists):

January 25, 2013

Public Affairs Committee approves a SUPPORT position.

 

January 22, 2013

Budget and Tax Issue Committee recommends SUPPORT position.


2/19
from House ways-means with amend #4199.
HCR2009:
UNMANNED AIRCRAFT SYSTEMS  
The Legislature resolves that the state of Arizona should aggressively pursue the high priority requirements of the U.S. Department of Defense and compete for selection as one or more of the six national test ranges for unmanned aircraft systems available under the 2012 National Defense Authorization Act. First sponsor: Rep. Forese
Others: Rep. Dial, Rep. J. Pierce, Rep. Thorpe
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 13, 2013

Economic Development Committee recommends a SUPPORT position.


3/14
from Senate com-energy-mil with amend #4744.
S1028:
TPT EXEMPTION; LEASES; AFFILIATED COMPANIES  
The commercial lease classification for transaction privilege tax does not include leasing real property by a reciprocal insurer, company, business or person to an “affiliated reciprocal insurer, company, business or person,” defined as the lessor owning at least 80 percent interest in the lessee, the lessee owning at least 80 percent interest in the lessor, or a third party owning at least 80 percent interest in both. Municipalities and special taxing districts are prohibited from levying a transaction privilege or use tax on gross income derived from a commercial lease in which a reciprocal insurer, company, business or person leases real property to an affiliated company, business or person. AS PASSED SENATE. First sponsor: Sen. Reagan
Others: Sen. Biggs
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

 


2/26
referred to House ways-means, gov.
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.
S1143 (Chapter 64):
GOLF COURSE PESTICIDE LICENSE; FEE  
For the purpose of structural pest management regulations, "pest management" includes the management by persons for hire of health-related pests, aquatic pests, household pests, wood-destroying organisms or other pests, including weeds, that exist on golf courses. The maximum fee for a license or certificate for pesticide use on golf courses is set by the Department of Agriculture by rule. AS SIGNED BY GOVERNOR. First sponsor: Sen. S. Pierce
Others: Rep. Barton, Rep. Brophy McGee, Sen. Crandell, Rep. Fann, Sen. Griffin, Sen. Pancrazi, Rep. Pratt, Sen. Shooter
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

January 16, 2013

Agriculture, Environment, and Water Issue Committee recommends a SUPPORT position

 


4/5
signed by governor. Chap. 64, Laws 2013.
S1148 (Chapter 34):
WORKERS' COMP; RECIPROCITY  
A worker from another state and that worker’s employer in that other state are exempt from workers’ compensation regulations while that worker is temporarily in Arizona if the employer has workers’ compensation insurance coverage in another state that covers the employee and other specified conditions are met. If a worker has a claim under the workers’ compensation law of another state or nation for the same injury or occupational disease as a claim filed in Arizona, the amount of compensation paid under the other law is credited against the compensation due under Arizona law. Claims made after the effective date of this legislation are subject to these provisions regardless of the date of injury. AS SIGNED BY GOVERNOR. First sponsor: Sen. McComish
Others: Rep. Forese, Rep. Livingston, Rep. Lovas, Sen. Melvin, Sen. Reagan, Rep. Robson, Sen. Worsley
  General Comments (all lists):

March 19, 2013

Workforce Readiness Issue Committee recommends a SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position


4/3
signed by governor. Chap. 34, Laws 2013.
S1169 (Chapter 66):
PROP 117; CONFORMITY  
Effective January 1, 2015, makes various changes to statute in order to conform to Proposition 117 from the 2012 general election ballot (property tax assessed valuation; limitation). Applicable beginning with property tax valuations made in 2014 for tax year 2015. AS SIGNED BY GOVERNOR. First sponsor: Sen. Yarbrough   General Comments (all lists):

 

March 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

March 22, 2013

Public Affairs Committee issues a SUPPORT position

 


4/5
signed by governor. Chap. 66, Laws 2013.
S1172:
QUALIFYING CHARITABLE CREDIT; ITEMIZING DEDUCTIONS  
A taxpayer is no longer required to itemize deductions in order to claim the individual income tax credit for voluntary cash contributions to a qualifying charitable organization. First sponsor: Sen. Yarbrough
Others: Sen. Worsley
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 11, 2013

Budget and Tax Issue Committee recommends SUPPORT position.

 


2/25
from House ways-means do pass.
S1179 (Chapter 236):
TAX INCENTIVES; OMNIBUS  
Makes various changes relating to tax incentives, deductions, and exemptions. A "qualified destination management company" (defined) is not subject to transaction privilege taxes on the gross proceeds of sale or gross income derived from a "qualified contract" (defined) for "destination management services" (defined). A qualified destination management company is a final consumer and user of any tangible personal property, activity or service subject to transaction privilege tax that the qualified destination management company arranges under a qualified contract for destination management services. Applies retroactively to tax years beginning January 1, 2002. Any claim for a refund based on the retroactive application must be submitted to the Department of Revenue by December 31, 2013. Interest cannot be allowed or compounded on a refund paid before July 1, 2014. The total amount of refunds issued is limited to $10,000. For transaction privilege tax purposes, the personal property rental tax does not apply to leasing or renting certified ignition interlock devices installed as a penalty for driving under the influence. Applies retroactively to taxable periods beginning September 1, 2004. Any claim for refunds based on the retroactive application must be submitted to the Department of Revenue by December 31, 2013, and the burden is on the taxpayer to establish by competent evidence the amount of tax paid. The aggregate amount of the refunds cannot exceed $10,000. The list of items that municipalities and special taxing districts are prohibited from levying a transaction privilege or use tax on is expanded to include the leasing or renting of certified ignition interlock devices installed as a penalty for driving under the influence. Definitions for the exemption from transaction privilege taxes for sales of food are modified. Repeals statute requiring the Department of Revenue to annually publish a list of categories of tax-exempt food items. Property and improvements used specifically and solely to manufacture biodiesel fuel that is 100 percent biodiesel and its by-products are classified as class 6 property for property tax purposes through December 31, 2023, instead of December 31, 2016. This classification is expanded to include property and improvements used specifically and solely to manufacture "motor vehicle biofuel" (defined) and its by-products. Retroactive to tax years beginning January 1, 2013, the maximum amount of contributions to 529 college savings plans that were not deducted from federal adjusted gross income that may be subtracted from Arizona gross income for individual income taxes is increased to $2,000 for a single individual or head of household, from $750, and to $4,000 for a married couple filing a joint return, from $1,500. The state income tax credit for voluntary cash contributions to a qualifying charitable organization is allowed even if the taxpayer does not itemize deductions for the taxable year. Effective tax years beginning January 1, 2014, for a taxpayer that is a regionally accredited institution of higher education with at least one university campus in Arizona and that meets other specified requirements, an election to treat sales from services as being in this state based on a combination of income producing activity sales and market sales is limited to the treatment of "sales for educational services" (defined). Retroactive to July 1, 2011, taxpayers who claimed first year tax credits and filed the certification required for the tax credit for employees hired in a qualified employment position are not required to file a certification for second or third year tax credits. AS SIGNED BY GOVERNOR. First sponsor: Sen. Yarbrough
Others: Rep. Allen, Rep. Brophy McGee, Rep. Lesko, Sen. Meza, Sen. Reagan
  General Comments (all lists):

1172 folded in to this

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 11, 2013

 

Budget and Tax Issue Committee recommends SUPPORT position.


6/20
signed by governor. Chap. 236, Laws 2013.
S1290 (Chapter 125):
OFFICE OF PEST MANAGEMENT  
Numerous changes to statutes regulating structural pest management. The powers and duties of the acting director of the Office of Pest Management are transferred to the Director of the Department of Agriculture. The Dept is required to provide management and administrative services to the Office through an interagency agreement, and the Office must reimburse the Dept in an agreed on amount. Session law provides for continuing fee authority for the Office. The Director is required to establish by rule a Pest Management Advisory Committee and appoint five members to the Committee, including one public member. The Director is required to adopt rules for licensure and registration, including application, registration and renewal fees, training requirements, and financial security standards. The Director is authorized to enter into consent agreements and provide for certain exemptions from licensure or registration. Establishes provisions for disciplinary action and civil penalties. The regulation of pest management is of statewide concern and not subject to further regulation by political subdivisions. The list of persons exempt from structural pest management licensure and registration is modified. Political subdivisions and their employees that use pesticides on property owned, leased or managed by the political subdivision are not required to be licensed. Various pest management-related regulations and reports are repealed. AS SIGNED BY GOVERNOR. First sponsor: Sen. Griffin
Others: Rep. Barton, Sen. Crandall, Rep. Gowan, Sen. McGuire, Sen. Melvin, Sen. Pancrazi, Sen. S. Pierce, Rep. Pratt, Sen. Shooter, Rep. Stevens
  General Comments (all lists):

 

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

January 16, 2013

Agriculture, Environment, and Water Issue Committee recommends a SUPPORT position

 


4/17
signed by governor. Chap. 125, Laws 2013.
S1310 (Chapter 183):
SPECIAL FUND; WORKERS' COMP  
The Industrial Commission is required to publish a report showing the amount of cash and assets held by the Special Fund that are attributable or allocated to the payment of claims of insolvent insurers as of June 30, 2013. The report must be accompanied by a statement of actuarial opinion by an actuary and must include specified information. The report must be published at the last Commission meeting in 2013. Also specifies that Laws 2013, Chapter 34, which modifies reciprocity for workers' compensation insurance, applies to any claim that has not been accepted as compensable or adjudicated as compensable as of the effective date of that legislation. AS SIGNED BY GOVERNOR. First sponsor: Sen. Yarbrough
Others: Sen. Worsley
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 19, 2013

Insurance and Health Care Committee recommends SUPPORT position.


5/2
signed by governor. Chap. 183, Laws 2013.
S1324 (Chapter 69):
CRITICAL INFRASTRUCTURE; INFO DISCLOSURE  
All critical infrastructure and key resource information protected by federal law and provided to or in the possession of any state agency, instead of only the Department of Public Safety, or political subdivision is exempt from public disclosure and public records laws. The definition of "critical infrastructure information" is expanded to include emergency response plans and certain information related to a computer based or natural disaster. AS SIGNED BY GOVERNOR. First sponsor: Sen. Crandell
Others: Sen. Melvin, Rep. J. Pierce
  General Comments (all lists):

March 20, 2013

Agriculture, Environment, and Water recommends a SUPPORT position

March 22, 2013

Public Affairs Committee issues a SUPPORT position


4/5
signed by governor. Chap. 69, Laws 2013.
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.
S1362:
INSURANCE; UNFAIR PRACTICES; UTILIZATION REVIEW  
The list of actions by an insurer that constitute an unfair practice is expanded to include for a health or disability insurer to apply a higher copayment for a licensed chiropractor, medical doctor or doctor of osteopathy than the insurer requires for a primary care physician if that insurer does not require a referral to that physician from a primary care physician. For determinations of medical necessity for a health care insurer's denial of prior authorization of a chiropractic service requested by a chiropractor, a health care insurer is required, instead of permitted, to use a licensed chiropractor to review the denial. A utilization review agent certificate holder must have a chiropractor available to supervise utilization review activities. First sponsor: Sen. Murphy
Others: Rep. Allen, Sen. Barto, Sen. Bradley, Rep. Lovas
  General Comments (all lists):

March 18, 2013

Insurance and Health Care Issue Committee recommends an OPPOSE position

March 22, 2013

Public Affairs Committee issues an OPPOSE position


3/6
FAILED to pass Senate on reconsideration 12-16.
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.
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.
S1465 (Chapter 116):
SOLID WASTE FACILITIES; GENERAL PERMIT  
Solid waste facilities that obtain and maintain coverage under a general permit are exempt from Department of Environmental Quality rules regarding the storage, processing, treatment and disposal of solid waste, and from the requirement to submit a solid waste facility plan. AS SIGNED BY GOVERNOR. First sponsor: Sen. Griffin
Others: Rep. Barton, Sen. Burges, Rep. Carter, Rep. Forese, Rep. Gowan, Rep. Gray, Rep. Livingston, Sen. McGuire, Sen. Melvin, Rep. Orr, Rep. Petersen, Rep. Shope, Rep. Stevens
  General Comments (all lists):

February 22, 2013

Public Affairs Committee approves a SUPPORT position.

February 20, 2013

Agriculture, Environment, and Water Issue Committee recommends a SUPPORT position


4/16
signed by governor. Chap. 116, Laws 2013.
S1483:
BUDGET; GENERAL APPROPRIATIONS; FY2013-14  
The "feed bill" for FY2013-14, containing appropriations for state agencies and programs. Provisions include: continues deferment of $35 million in payments to providers of services to the Department of Economic Security, continues deferment of $953 million in basic state aid payments to schools until FY2014-15, and continues deferment of $200 million in payments to universities until FY2014-15. Reduces the 2012-13 general fund appropriation to AHCCCS for Prop 204 services by $48 million and appropriates $48 million in FY2012-13 from expenditure authority to AHCCCS for Prop 204 services. Appropriates $13.5 million to AHCCCS for disproportionate share payments to hospitals, including $4.2 million for the Maricopa County Health Care District and $9.3 million for private qualifying disproportionate share hospitals. Includes an increase of $82 million in basic state aid for increased operating costs of school districts and charter schools. Of the $21.3 million appropriated to Gang and Immigration Intelligence Team Enforcement Mission (GIITEM), $9.3 million must be used for 100 Department of Public Safety GIITEM personnel, including at least 50 sworn positions to be used for strict immigration enforcement actions. Of the $1.2 million appropriated to the county attorney immigration enforcement line item, $200,000 must be distributed to the Maricopa County Attorney and $500,000 to the Maricopa County Sheriff to enforce laws prohibiting the employment of unauthorized aliens. Makes supplemental appropriations in FY2012-13 to the State Treasurer for payment of outstanding justice of the peace salary claims, and to the Department of Administration for distribution to counties with a population of less than 130,000 for maintenance of essential county services. Appropriates $28.6 million in FY2013-14, $26.5 million in FY2014-15 and $9.2 million in FY2015-16 to the Department of Administration from the Automation Projects Fund for the replacement of the Arizona financial information system. Appropriates $1.1 million from the general fund in FY2013-14 to the Independent Redistricting Commission for operating expenses. Makes various fund transfers. More. AS PASSED SENATE. First sponsor: Sen. Biggs
Others: Sen. Driggs, Sen. McComish, Sen. Shooter
  6/4
referred to House appro.
S1492:
BUDGET; BRB; HEALTH; WELFARE; FY2013-14  
Makes various policy changes in the areas of public health and welfare that affect the budget. Beginning January 1, 2014, expands eligibility for AHCCCS to include a person whose household's modified adjusted gross income (defined in federal law) is more than 100 percent but equal to or less than 133 percent of the federal poverty guidelines. The AHCCCS Administration is required to discontinue eligibility for these persons if the federal medical assistance percentage is less than 80 percent, or if the maximum amount that can be assessed on health care institutions without causing a reduction in federal financial participation in combination with monies raised from a hospital assessment and other appropriated monies is insufficient to cover those costs. The AHCCCS Director is required to establish, administer and collect an assessment on hospital revenues or bed days for the purpose of funding the nonfederal share of the costs that are incurred for persons eligible for AHCCCS. The Director is required to adopt rules regarding the method for determining the assessment, the amount or rate of the assessment, and modifications or exemptions from the assessment. The assessment is subject to approval by the federal government. Before implementing the assessment, the Director is required to present the methodology to the Joint Legislative Budget Committee. The assessment cannot be collected after the effective date of any reduction of the federal medical assistance percentage to less than 80 percent. Hospitals are prohibited from passing the cost of the assessment on to patients or third-party payors. The AHCCCS Director is authorized to suspend or revoke a hospital's AHCCCS provider agreement registration for noncompliance. If the hospital does not comply within 180 days after suspension or revocation of the provider agreement, the Department of Health Services is authorized to suspend or revoke the hospital's license. Monies collected from the assessment are deposited in the newly established Hospital Assessment Fund and are continuously appropriated. The AHCCCS Director is required to use Fund monies only as necessary to supplement monies in the Prop 204 Protection Account and the Arizona Tobacco Litigation Settlement Fund. The eligibility expansion and the hospital assessment are repealed on January 1, 2017. Appropriates “sufficient monies” from expenditure authority to AHCCCS and the Department of Health Services for the purpose of implementing the expansion. The AHCCCS Administration is required to establish work groups to provide input on the development of the assessment, and to pursue cost sharing requirements for members to the maximum extent allowed under federal law. Establishes a 15-member Medicaid Federal Circuit Breaker Study Committee to research impacts of decreased federal Medicaid funding and submit a report to the Governor and the Legislature by October 1, 2014. By October 1, 2013 and annually thereafter, the AHCCCS Administration is required to report to the Legislature on the change in uncompensated hospital costs experienced by Arizona hospitals during the previous FY. By August 1, 2014 and annually thereafter, the AHCCCS Administration is required to report to the Legislature the amount each hospital contributed for the provider assessment in the previous FY. These reporting requirements self-repeal January 2, 2018. Municipalities are prohibited from levying or imposing an assessment, fee or tax on hospital revenues, discharges, beds or services for the purpose of receiving AHCCCS services or payments. For the contract year beginning October 1, 2013 and ending September 30, 2014, the AHCCCS Administration is authorized to continue the risk contingency rate setting for all managed care organizations and the funding for all managed care organizations administrative funding levels that was imposed for the contract year beginning October 1, 2010. For dates of service on and after October 1, 2013 through September 30, 2014, the AHCCCS Administration and its contractors must reimburse ambulance service providers in an amount equal to 68.59 percent of the amounts prescribed by the Dept. Specifies county contributions for the Arizona Long-Term Care System, and AHCCCS acute care and hospitalization and medical care for FY2013-14. Restores AHCCCS coverage for certain transplants. Disproportionate share payments for FY2013-14 include $89.9 million for a qualifying nonstate operated public hospital in the Maricopa county special health care district, $26.7 million for the Arizona State Hospital and $9.3 million for private qualifying disproportionate share hospitals located in Yuma County with at least 300 beds. Monies in the Long-Term Care System Fund may be used by the Department of Economic Security for operational or programmatic expenses and by the Department of Administration for distribution to counties for operational expenses in FY2013-14. Requires counties to reimburse the Department of Health Services for 50 percent of the costs of a commitment of an individual determined to be sexually violent. Requires municipalities and counties to reimburse the Dept for 100 percent of the costs of a defendant’s inpatient competency restoration treatment. Reimbursements are deposited in the Arizona State Hospital Fund. The Department of Economic Security is authorized to reduce maximum income eligibility levels for child care assistance in order to manage within appropriated and available monies. Requires various reports and audits. Effective January 1, 2014, “health care providers” and “health care facilities” (both defined) are required to make available on request or online the “direct pay price” (defined) for at least the 25 most common services for the provider, which must be updated at least annually. Does not apply to emergency services. Health care services provided by health care providers in veterans administration facilities, health facilities on military bases, Indian health services hospitals and other Indian health service facilities, tribal owned clinics, the Arizona State Hospital and any facility that the Department of Health Services determines does not serve the general public are exempt. Does not prevent a health care provider or facility from offering additional discounts or services to a person or employer paying directly. Government agencies or government-authorized entities are prohibited from approving, disapproving or limiting a health care provider or facility's ability to change the published or posted direct pay price for services. Health care providers or facilities that accept direct payment are deemed paid in full and are prohibited from submitting a claim for payment or reimbursement for that service to any “health care system” (defined). Before a health care provider or facility accepts direct payment, the provider or facility must obtain the person's signature on a notice about direct payment that is substantially similar to a specified form. Direct pay provisions self-repeal January 1, 2022. The list of requirements an applicant must meet to qualify for a license to practice medicine in Arizona is expanded to include that the applicant has submitted to the Arizona Medical Board verification of licensure from every state in which the applicant has ever held a medical license and verification of all hospital affiliations and employment for the five years preceding application. Severability clause. AS PASSED SENATE. First sponsor: Sen. McComish
Others: Sen. Driggs, Sen. Shooter
  6/10
House appro FAILED 4-7.
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.
SCR1012:
EPA ACTIONS; HAZE  
The members of the Legislature express opposition to the Federal Implementation Plan being forced on the state by the U.S. Environmental Protection Agency and support the State Implementation Plan as a reasonable and viable solution to address and reduce regional haze. AS SENT TO SECRETARY OF STATE. First sponsor: Sen. Griffin
Others: Sen. Barto, Sen. Burges, Rep. Gowan, Sen. Melvin, Sen. Murphy, Sen. S. Pierce, Sen. Shooter, Rep. Stevens
  General Comments (all lists):

Summer/Fall 2012

Support


4/16
passed House 38-22; to secretary of state.