Legal & Regulatory Reform Committee
54th Legislature - 1st Regular Session, 2019 Wednesday, Jan 23 2019 3:37 PM
Bill Summaries
H2021: BALLOT MEASURES; ONLINE SIGNATURE SUBMITTAL

The Secretary of State is required to provide a system for qualified electors to sign a petition for a statewide initiative or referendum by way of a secure internet portal.

First sponsor: Rep. Finchem (R - Dist 11)


 

Single List Comments:

1/22: hold/monitor

H2038: EXPENDITURE REPORTING; HOSTED EVENT

A “hosted event” (defined as an event or function to which one or more state officers or employees are invited and attend and that is organized and paid for by a principal, including a party, dinner, luncheon or other function and excluding an athletic event or other entertainment) is added to the list of categories for single expenditure reporting on lobbyist expenditure reports. Expenditures incurred by a principal or lobbyist for hosted events to which individual state officers or state employees are invited are required to be reported in the amount of the actual cost incurred for the tangible benefits actually received by the officer or employee at the event. The principal or lobbyist who invited the state officers and employees to the hosted event is required to report the expenditures. For the purpose of lobbyist expenditure reporting requirements, the definition of “gift” is modified to exclude expenditures that were either properly reported or exempt from reporting for a hosted event.

First sponsor: Rep. Kavanagh (R - Dist 23)


 

General Comments (all lists):

1/22: LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2038: EXPENDITURE REPORTING; HOSTED EVENT 1/17 referred to House gov.
H2051: MICROBREWERY; FARM WINERY; LICENSES; DESIGNATION

Removes the word "domestic" from references to microbrewery liquor licenses and farm winery liquor licenses located on the same parcel of land.

First sponsor: Rep. Shope (R - Dist 8)


 

Single List Comments:

1/22: hold/monitor

H2107: MUNICIPALITIES; PARKING; PUBLIC VEHICLES

Municipalities cannot prohibit a resident from parking a motor vehicle on a street or driveway in the municipality if the vehicle is required to be available at designated periods at the person's residence as a condition of the person's employment and the resident is employed by either a public service corporation or a public safety agency. Contains legislative findings.

First sponsor: Rep. Grantham (R - Dist 12)


 

General Comments (all lists):

1/22 LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2131: STATE AGENCIES; CITIZEN PORTAL; ACCESS

Each "state agency" (defined) that collects personal information from any person is required to establish a citizen portal, which must be a secure online website that allows a person to access the person's personal information that the state agency collects and to correct any error in the person's personal information.

First sponsor: Rep. Thorpe (R - Dist 6)


 

General Comments (all lists):

1/22: LRR recommend OPPOSE

Single List Comments:

1/22: recommend OPPOSE

H2141: PURCHASER DWELLING ACTIONS; PROCEDURES; COSTS

Various changes relating to dwelling actions filed by a purchaser. The permitted responses by the seller when a purchaser gives written notice of the basis of a dwelling action are modified. The purchaser is required to respond within 30 days after receiving the seller's response. Negotiations or offers involving monetary compensation are inadmissible in any dwelling action. The procedure for supplementing the list of alleged construction defects is modified. In a contested dwelling action filed either after the seller did not provide a written response or after the seller responded, the court is authorized to award the successful party reasonable attorney fees, expert witness fees and taxable costs. In a contested dwelling action that is filed by a purchaser after a seller completed repairs, the court is required to award the successful purchaser reasonable attorney fees, expert witness fees and taxable costs. The seller is prohibited from being reimbursed for the cost of an investigation or repair that the seller performed during a dwelling action procedure. More.

First sponsor: Rep. Shope (R - Dist 8)


 

Single List Comments:

1/22: hold/monitor

H2146: CONTRACTS; LICENSURE REQUIREMENTS; WAIVER; APPLICABILITY

In a contract between two or more private parties, the parties are authorized to agree to waive any state, county or municipal laws relating to licensure, certification, registration or other authorization if a list of specified conditions applies. Some exceptions, including for health professions and any regulated practice of law.

First sponsor: Rep. Rivero (R - Dist 21)


 

Single List Comments:

resurrection of last session's HB 2490

1/22: hold/monitor

H2151: SATISFACTION OF JUDGMENT; JUSTICE COURTS

For civil proceedings and small claims actions, the prevailing party is required to file a satisfaction of judgment in the justice court within 30 days after a judgment has been paid in full. If the prevailing part fails to do so or cannot be located, the opposing party is authorized to file a motion to compel satisfaction of the judgment. A justice of the peace may hold a hearing on the motion to compel satisfaction of the judgment and may compel the moving party to post a bond with the justice court in the amount of the judgment.

First sponsor: Rep. J. Allen (R - Dist 15)


 

Single List Comments:

1/22: hold/monitor

H2177: REGULATORY SANDBOX PROGRAM; AMENDMENTS

Various changes to the Regulatory Sandbox Program. Specifies that the Attorney General alone enforces state regulatory laws applicable to sandbox participants. Sandbox participants are permitted to request an increase in the consumer cap from the Attorney General. The Attorney General may deny requests for discretionary allowances and a denial is not an appealable agency action. Also eliminates some reporting requirements for sandbox participants.

First sponsor: Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

1/22: LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2177: REGULATORY SANDBOX PROGRAM; AMENDMENTS 1/22 referred to House com.
H2179: VIDEO SERVICE PROVIDERS

A video service provider is included in the definition of "cable operator" for the purpose of the transaction privilege taxes. Various statutes regulating and relating to cable operators and licensed cable television systems are expanded to include video service providers and licensed video service networks, including various public utility regulations, use of public streets for utility right of ways, utility relocation cost reimbursement, and the prohibition against fraudulently obtaining video services.

First sponsor: Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

1/22: LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2179: VIDEO SERVICE PROVIDERS 1/22 referred to House com.
H2180: COMPENSATION; BASEBALL PLAYERS

Statutes governing payment of wages, minimum wage and employee benefits, and earned paid sick time do not apply to any person who is exempt from minimum wage and maximum hours requirements under the federal Fair Labor Standards Act. In any civil action, administrative complaint or other proceeding commenced before, on or after the effective date of this legislation, an employer or former employer is not subject to any liability or punishment for any violation of those statutes with respect to any work performed before, on or after the effective date of this legislation by any person who is exempt from the minimum wage and maximum hours requirements under the federal Fair Labor Standards Act. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.

First sponsor: Rep. Shope (R - Dist 8)


 

General Comments (all lists):

1/22: LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2181: REGISTRAR OF CONTRACTORS; LICENSING; EXEMPTION

The list of persons exempt from licensure and regulation as a registered contractor is expanded to include low-voltage communication systems companies or agents engaging in any work to install, service or repair telephone systems, sound systems, intercommunication systems, public addressing systems, television or video systems, low-voltage signaling devices, low-voltage landscape lighting that does not exceed 91 volts, or low-voltage wiring and equipment for master and program clocks.

First sponsor: Rep. Grantham (R - Dist 12)


 

Single List Comments:

1/22: hold/monitor

H2182: PERMIT; LICENSE; DENIALS; AGENCY HEARING

In any case in which a license or permit is required before a person engages in any constitutionally protected activity, an agency is required to specify in clear and unambiguous language the criteria for approval of a license or permit. A court of competent jurisdiction is required to determine whether the language is clear and unambiguous. The appropriate agency is required to approve or deny the license or permit application within 30 days after the application is submitted unless another period of time is specified by law. A hearing in a contested case may be conducted in an informal manner if the parties agree to an informal hearing, if the agency is authorized by statute to use an informal hearing, if there is no disputed issue of material fact, or if the disputed issue of material fact involves $1,000 or less. If a party objects to an informal hearing, the presiding officer is required to resolve the objection on the basis of the pleadings. The presiding officer may deny the use of an informal hearing or may require a formal hearing after an informal hearing is commenced if s/he determines that cross-examination is necessary. In an informal hearing, the presiding officer regulates the course of the hearing and may limit or prohibit specified aspects of the hearing.

First sponsor: Rep. Grantham (R - Dist 12)


 

Single List Comments:

1/22: hold/monitor

H2229: CABLE LICENSING; VIDEO SERVICE PROVIDERS

Establishes a new chapter in Title 11 (Counties) relating to "video service" (defined) regulation by counties. Declares that the licensing of video service providers and the regulation and use of video service are matters of statewide concern and not subject to further regulation by a county except as specified in this legislation. Beginning January 1, 2020, this legislation preempts and limits the ability of a county to regulate or enforce any local law and any agreement with the county that contains specified provisions relating to video service providers. Beginning January 1, 2020, a county has the exclusive authority to issue a uniform video service license to a person to provide video service and to construct and operate a video service network in any service area within its boundaries. Counties are required to adopt a standard form of uniform video service license agreement, which must include a list of specified provisions and is limited to those provisions. Establishes a process for obtaining a uniform video service license, specifies the authority granted by the license, and provides for amendment or transfer of a license. Establishes duties of video service providers, including reporting requirements and nondiscrimination requirements. Establishes regulations relating to county management of highways as it relates to video service provider equipment. Places limits on license fees and other license requirements. More.

First sponsor: Rep. J. Allen (R - Dist 15)


 

General Comments (all lists):

1/22: LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2231: NONHEALTH PROFESSIONS; OCCUPATIONS; REGULATIONS

Establishes a rebuttable presumption that the public is sufficiently protected from unregulated practice by market competition and private remedies, including third-party or consumer-created ratings and reviews and private certification. The state may regulate a profession or occupation only if there is credible empirical evidence of present, significant and substantiated harm that the unregulated practice threatens the public health, safety or welfare. For a state agency that administers an occupational regulation, the sunset review report from a committee of reference (COR) is required to include a recommendation that the Legislature repeal the occupational license, convert the license to a less restrictive regulation, or instruct the state agency to seek legislation or adopt rules to reflect the COR's recommendation to impose less restrictive regulations or redefine the scope of practice.

First sponsor: Rep. Kern (R - Dist 20)


 

Single List Comments:

1/22: hold/monitor

H2245: MANDATORY MINIMUM SENTENCES; JUDICIAL DISCRETION

When sentencing a defendant who is convicted of an offense that requires a mandatory prison sentence, the court is authorized to impose a shorter prison sentence or suspend the sentence and impose a term of probation if the court finds that the imposition of the mandatory prison sentence would result in an injustice to the defendant and is not necessary for the protection of the public. Does not apply to a conviction for a list of specified crimes. The Administrative Office of the Courts is required to annually report to the Arizona Criminal Justice Commission on each case in which the court departed from a mandatory prison sentence, and the Commission is required to annually determine the cost savings realized as a result.

First sponsor: Rep. Rivero (R - Dist 21)
Others: Rep. Blackman (R - Dist 6), Rep. Bowers (R - Dist 25), Rep. Campbell (R - Dist 1), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Engel (D - Dist 10), Rep. Payne (R - Dist 21), Rep. Stringer (R - Dist 1), Rep. Toma (R - Dist 22), Sen. Ugenti-Rita (R - Dist 23)


 

Single List Comments:

1/22: hold/monitor

H2259: WEBSITES; PERSONAL INFORMATION; ACCESS

Any commercial or business website that collects personal information from any person and that has more than 500 users or personal accounts is required to establish a personal information portal, which must be a secure online website that allows a person to access the person's collected personal information and to correct any error in the person's personal information.

First sponsor: Rep. Thorpe (R - Dist 6)


 

General Comments (all lists):

1/22: LRR recommend OPPOSE

Single List Comments:

1/22: recommend OPPOSE

H2270: EARNED RELEASE CREDITS; PRISONERS; LITERACY

For prisoners who are in the eligible earned release credit class and who are not sentenced to a term of imprisonment for a dangerous crime, the earned release credit is increased to one day for every day served, from one day for every six days served, except for prisoners sentenced to a term of imprisonment for a dangerous offense, in which case it is increased to one day for every three days served. Deletes statue prohibiting a prisoner who fails to achieve functional literacy from being released to begin community supervision until either the prisoner achieves an eighth grade functional literacy level or serves the full term of imprisonment imposed by the court.

First sponsor: Rep. Blackman (R - Dist 6)


 

Single List Comments:

1/22: hold/monitor

H2281: LIQUOR OMNIBUS

Various changes relating to liquor licenses and control. The number of new on-sale liquor licenses of the same serious in the same county that may be issued each year is modified. One or more on-sale liquor licensees are authorized to apply to the Department of Liquor Licenses and Control for a joint premises permit, and requirements for joint premises permitees are established. A retail licensee with off-sale privileges is authorized to take orders by phone, mail, catalog, through the internet or by other means for delivery, and to contract with independent contractors or use common carriers for liquor delivery. Delivery must be made by an employee who is at least 21 years of age to a customer who is at least 21 years of age and who displays identification at the time of delivery. The list of individuals that club license holders are authorized to sell spirituous liquor to is modified to include individuals attending events hosted by the club or a club member, which are limited to up to 12 events in a calendar year. Production and storage space of a farm winery or craft distiller are excluded from the licensed premises. A craft distiller licenses is permitted to hold a farm winery license. More.

First sponsor: Rep. Weninger (R - Dist 17)


 

Single List Comments:

1/22: hold/monitor

H2302: PRISONERS; EARNED RELEASE CREDITS

For prisoners who are in the eligible earned release credit class, the earned release credit is increased to one day for every day served, from one day for every six days served, except for prisoners sentenced to a term of imprisonment for a dangerous offense or dangerous crime against children, in which case it is increased to one day for every three days served. Deletes statue prohibiting a prisoner who fails to achieve functional literacy from being released to begin community supervision until either the prisoner achieves an eighth grade functional literacy level or serves the full term of imprisonment imposed by the court.

First sponsor: Rep. Stringer (R - Dist 1)


 

Single List Comments:

1/22: hold/monitor

H2310: SCHOOL PROCUREMENT; LOWEST BIDDER; REPEAL

Repeals statute that requires procurement contracts from school districts to be awarded based on the lowest qualified bidder, which becomes effective July 1, 2019. Emergency clause.

First sponsor: Rep. Udall (R - Dist 25)
Others: Rep. Blackman (R - Dist 6), Rep. Bolding (D - Dist 27), Rep. Butler (D - Dist 28), Rep. Chavez (D - Dist 29), Rep. Cobb (R - Dist 5), Rep. Epstein (D - Dist 18), Rep. Espinoza (D - Dist 19), Rep. Jermaine (D - Dist 18), Rep. Pawlik (D - Dist 17), Rep. Rodriguez (D - Dist 27)


 

General Comments (all lists):

1/22 LRR recommend SUPPORT

Single List Comments:

1/22: recommend SUPPORT

H2329: PET DEALERS; PURCHASER REMEDIES

The list of circumstances under which a cat or dog purchased from a pet dealer is considered to be unfit for sale is expanded to include if the purchaser shows by a preponderance of the evidence that the animal had an illness, injury or other defect or a congenital or hereditary condition when the purchaser took possession of the animal. Reimbursement for reasonable veterinary fees for diagnosis and treatment of a cat or dog that is unfit for sale is no longer limited to the amount of the original purchase price of the animal. Repeals statute declaring state preemption of pet dealer regulations.

First sponsor: Rep. Payne (R - Dist 21)
Others: Rep. Butler (D - Dist 28), Rep. Shah (D - Dist 24)


 

General Comments (all lists):

1/22: LRR recommend OPPOSE

Single List Comments:

1/22: recommend OPPOSE

H2362: EXPUNGEMENT; ARREST; CONVICTION; SENTENCING RECORDS

The court is authorized to expunge the record of a person's arrest, conviction and sentence, and a person whose record is expunged must be treated in all respects as if the person was never arrested, convicted or sentenced, except that if the person is convicted of an offense committed after the order of expungement is entered, the court may consider the expunged convicted for sentencing purposes. Establishes requirements for a person to be permitted to petition for expungement of the person's record. Specifies the process for records if the court grants a petition for expungement. If the court denies a petition for expungement, a new petition cannot be filed until three years after the date of the denial, and the petitioner is permitted to file a direct appeal. Does not apply to a person sentenced as a dangerous offender or who is convicted of a dangerous crime against children. Applies to a person who is arrested, convicted or sentenced before, on or after the effective date of this act.

First sponsor: Rep. Toma (R - Dist 22)
Others: Rep. Blackman (R - Dist 6), Rep. Bowers (R - Dist 25), Rep. Butler (D - Dist 28), Rep. Campbell (R - Dist 1), Rep. Engel (D - Dist 10), Rep. Epstein (D - Dist 18), Rep. Espinoza (D - Dist 19), Rep. Lieberman (D - Dist 28), Rep. Stringer (R - Dist 1)


 

Single List Comments:

1/22: hold/monitor

H2404: MARIJUANA POSSESSION; PARAPHERNALIA; CLASSIFICATION; SENTENCING

The criminal classification for possession or use of marijuana having a weight of 2.5 ounces or less is reduced to a petty offense, from a class 6 (lowest) felony, subject to a civil penalty of up to $150. A person convicted of a repeated offense of the possession or use of marijuana is exempt from statute requiring the person to be sentenced for the next higher class of offense. Objects used or designed for use in ingesting or inhaling marijuana are removed from the definition of "drug paraphernalia" for the purpose of the offenses of possession, manufacture, delivery and advertisement of drug paraphernalia.

First sponsor: Rep. Payne (R - Dist 21)
Others: Rep. Blanc (D - Dist 26), Rep. Campbell (R - Dist 1), Rep. Engel (D - Dist 10), Sen. Gonzales (D - Dist 3), Rep. D. Hernandez (D - Dist 2), Sen. Mendez (D - Dist 26), Rep. Rivero (R - Dist 21), Rep. Rodriguez (D - Dist 27), Rep. Salman (D - Dist 26), Rep. Stringer (R - Dist 1), Rep. Toma (R - Dist 22)


 

Single List Comments:

1/22: hold/monitor

H2441: TRADE NAMES; TRADEMARKS; REGISTRATION; APPLICATION

The information required on an application for trademark registration is expanded to include a statement that the applicant has conducted a search and found that the trademark does not consist of or comprise a mark that so resembles a mark registered in Arizona or previously used in Arizona and not abandoned and that when applied to the goods or services of the applicant is likely to cause confusion or mistake or to deceive, and a statement whether the applicant previously sought to register the trademark with the U.S. patent and trademark office and if the registration was denied, the reasons for the denial. The information required on an application for a trade name registration is expanded to include a statement that the applicant had conducted a search and found that the trade name is distinguishable on the record from any other name previously filed or an existing or reserved corporate name.

First sponsor: Rep. Griffin (R - Dist 14)


 

Single List Comments:

1/22: hold/monitor

H2444: INTERNET ACCESSIBLE DEVICES; OBSCENITY FILTERING

A "distributor" (defined) is prohibited from manufacturing, selling, leasing or distributing a product in Arizona that makes content accessible on the internet unless the product contains active and properly operating blocking software that renders a website that displays obscene material inaccessible by default, and prohibits access to a website that displays any of a list of specified types of content. Some exceptions. Distributors are required to establish a reporting mechanism to allow a person to report an unblocked website that displays obscene material. A knowing violation is a class 1 (highest) misdemeanor, subject to enforcement by the Attorney General or a county attorney. A distributor is required to deactivate blocking software in a product if the individual who purchased or leased the product specifically requests it, presents identification proving that the individual is at least 18 years of age, and pays a deactivation fee to the Arizona Commerce Authority. The deactivation fee is deposited in the newly established John McCain Human Trafficking and Child Exploitation Prevention Fund, to be used to provide grants to government agencies and private entities that develop and strengthen programs for victims of sex offenses, including grants for specified purposes. Applies to a distributor that manufactures, sells, leases or distributes a product in Arizona that makes content accessible on the internet beginning on and after the effective date of this legislation. Due to a potential increase in state revenue, this legislation requires the affirmative vote of at least 2/3 of the members of each house of the Legislature for passage, and becomes effective on signature of the Governor.

First sponsor: Rep. Griffin (R - Dist 14)


 

Single List Comments:

1/22: hold/monitor

H2463: OCCUPATIONAL REGULATIONS; LICENSES; COMMUNICATIONS; NOTICE

An agency is required to prominently post on the agency's website and print on a license application, a communication denying a license, a cease and desist order or any other communication in which the agency asserts that a person is required to obtain a license a specified notice stating that agencies are required to limit all occupational regulations to those that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern, and that the person has the right to petition the agency to repeal or modify the occupational regulation or bring an action in a court of general jurisdiction to challenge the occupational regulation.

First sponsor: Rep. Petersen (R - Dist 12)


 

Single List Comments:

1/22: hold/monitor

H2478: BIOLOGICAL CHARACTERISTICS; BIOMETRIC IDENTIFIERS

A person is prohibited from "enrolling" (defined) an individual's "biometric identifier" (defined) in a database for a commercial purpose without providing notice and obtaining consent from the individual to do so. Unless a person obtains an individual's consent, the person is prohibited from selling, leasing or otherwise disclosing the individual's biometric identifier to another person for a commercial purpose unless the disclosure meets one of a list of specified requirements. Establishes requirements for a person that knowingly possesses an individual's biometric identifier that has been enrolled for a commercial purpose. Violations are an unlawful practice, subject to enforcement by the Attorney General. Some exceptions.

First sponsor: Rep. Bowers (R - Dist 25)


 

Single List Comments:

1/22: hold/monitor

S1030: REMOTE ONLINE NOTARIZATION; REGISTRATION

By December 31, 2019, the Secretary of State (SOS) is required to adopt rules to facilitate "remote online notarizations" (defined), which must include sufficient forms of notarial certificates and standards for communication technology, credential analysis, identity proofing and retention of an audio and visual recording. A notary public is required to register with the SOS and receive written authorization before performing remote online notarizations. Establishes requirements for electronic records of remote online notarizations, the use of electronic signatures and electronic seals, and remote online notarization procedures. Effective January 1, 2020.

First sponsor: Sen. Leach (R - Dist 11)
Others: Rep. Dunn (R - Dist 13)


 

Single List Comments:

1/22: hold/monitor

S1030: REMOTE ONLINE NOTARIZATION; REGISTRATION 1/14 referred to Senate gov.