Legislative Bill Monitoring
55th Legislature - 1st Regular Session, 2021 Tuesday, Jun 22 2021 6:27 PM
LBM

BILL NUMBER/
SHORT TITLE
SUMMARY SPONSORS POSTED HEARINGS
& CALENDARS
COMMENTS LAST ACTION
H2049:
EMINENT DOMAIN; EXISTING CONTRACTS  
If a municipality exercises the right of eminent domain to acquire a public utility business or enterprise, the municipality is required to assume all existing assets and contractual obligations directly associated with providing current and future "utility service" (defined) in the certificate of convenience and necessity that is being condemned unless all parties to the contractual obligations agree otherwise. The municipality has no obligation to provide utility service if the contractual obligation was executed on or after the date of the notice that is provided pursuant to eminent domain statutes. AS PASSED HOUSE. First sponsor: Rep. Weninger (R - Dist 17)   General Comments (all lists):

League Position:

Oppose


5/24
Senate COW approved with amend #4797 and flr amend #5145. FAILED Senate 12-18.
H2108:
TELECOMMUNICATIONS; PUBLIC HIGHWAYS; USE; FEES  
For any underground facility that is used for a "small wireless facility" (defined elsewhere in statute), a political subdivision is prohibited from requiring an annual telecommunications fee based on the number of linear feet of trench in the public highways in which the telecommunications corporation has placed facilities. First sponsor: Rep. Weninger (R - Dist 17)   General Comments (all lists):

League Position:

 Oppose


3/3
retained on House COW calendar.
H2127:
APPROPRIATION; STATE PARKS; HERITAGE FUND  
Appropriates $10 million from the general fund in FY2021-22 to the Arizona State Parks Heritage Fund. First sponsor: Rep. Osborne (R - Dist 13)
Others: Rep. Blackman (R - Dist 6), Rep. Bowers (R - Dist 25), Rep. Chavez (D - Dist 29), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. A. Hernandez (D - Dist 3), Rep. Jermaine (D - Dist 18), Rep. Lieberman (D - Dist 28), Rep. Nutt (R - Dist 14)
  General Comments (all lists):

League Position:

Support


3/24
from Senate appro do pass.
H2152:
POLICE; CAMERA RECORDINGS; REQUIRED REDACTIONS  
Before a law enforcement agency releases a copy of a video recording from a law enforcement officer's body-worn camera to the public, the law enforcement agency must redact any portion of the video recording that shows the face or an identifiable body part of any person who appears in the video recording if the person is not the subject of a police investigation or enforcement action and the person was located in a private location or in a public location with an expectation of privacy, the person is a victim of or witness to a crime, or the person was in a state of undress and specified areas of the person's body were not covered. Does not apply to a person who provides the law enforcement agency with a written wavier to release the video recording without any redactions. First sponsor: Rep. Kavanagh (R - Dist 23)   General Comments (all lists):

League Position:

Neutral


5/26
retained on Senate COW calendar.
H2181 (Chapter 318):
WRITE-INS; RESIDENCY; FILING DEADLINE  
Any person desiring to become a write-in candidate for an elective office, other than for a municipal office, in any election is required to be at the time of filing a qualified elector of the county or district the person proposes to represent and must have been a resident of that county or district for 120 days before the date of the election. Tallying of early ballots may begin immediately after the envelope and completed affidavit are processed and delivered to the early election board, instead of being prohibited from beginning any earlier than 14 days before election day. AS SIGNED BY GOVERNOR First sponsor: Rep. Kavanagh (R - Dist 23)   General Comments (all lists):

League Position:

Neutral


5/5
signed by governor. Chap. 318, Laws 2021. message
H2317 (Chapter 51):
COMMUNITY FACILITIES DISTRICTS  
Various changes to statutes relating to community facilities districts. The annual ad valorem tax levied by a district is prohibited from exceeding the amount necessary to meet annual payments of principal and interest on bonds issued by the district, projected payments of principal and interest on new debt planned for that year, a reasonable delinquency factor, including an amount necessary to correct prior year errors or shortages in the levy, if applicable, and any expenses and fees required. The levy is required to be the net of all cash in excess of ten percent of the annual payments of principal and interest in the current fiscal year from the previous year remaining in a segregated fund or funds for the levy. If a district sells general obligation bonds above par, the amount of "net premium" (defined) associated with a general obligation bond issue may be used only to pay costs incurred in issuing the bonds or as a deposit in a debt service fund and used only to pay interest on the issue of general obligation bonds. If used for any other purpose, and if the district has general obligation bond voter authorization and available capacity under its debt limitations, both the available aggregate indebtedness capacity of the district and the principal amount authorized at the general obligation bond election for the district must be reduced by the amount of net premium used for that purpose. For districts that are formed after August 9, 2017 and before the effective date of this legislation and for which the district board consists of the governing body of the municipality or county with two additional district board members who were initially designated by an owner who owned the largest amount of privately owned acreage in the district at formation, at any time after receipt of a petition signed by the owners of a majority of the privately owned real property within the boundaries of the district as measured by square footage or acreage, the district board is authorized to adopt a resolution to permanently remove the two additional appointed district board members and their positions on the board. If a community facilities district will be governed by a governing body with two additional board members who are initially designated by the owner who owns the largest amount of privately-owned acreage in the district, the resolution ordering formation of the district is permitted to state, or the district board is permitted to adopt a resolution that provides, that those two additional members are permanently advisory nonvoting members. Emergency clause. AS SIGNED BY GOVERNOR First sponsor: Rep. Toma (R - Dist 22)   General Comments (all lists):

League Position:

Support


3/18
signed by governor. Chap. 51, Laws 2021. message
H2321 (Chapter 80):
DOR; ADMINISTRATIVE RULINGS; PROCEDURES  
The amount of the income tax credit for “qualified investments” in a “qualified facility” (both defined) is increased to $300,000 for each net new full-time employment position that has job duties associated with the qualified facility, if the total qualifying investment is $2 billion or more. The maximum aggregate amount of income tax credits for qualified investments in a qualified facility that the Arizona Commerce Authority is allowed to preapprove is increased to $125 million, from $70 million. The definition of “qualified manufacturing” is expanded to include manufacturing tangible products in Arizona if at least 65 percent of the product is directly sold to one or more qualified facilities, regardless of whether the qualified facilities are preapproved by the Authority. The distribution of revenues to counties and municipalities to fund public infrastructure improvements for the benefit of a manufacturing facility is extended ten years through September 30, 2033. AS SIGNED BY GOVERNOR First sponsor: Rep. Toma (R - Dist 22)   General Comments (all lists):

League Position

Support


3/23
signed by governor; Chap. 80, Laws 2021. message
H2348:
FAILURE; RETURN VEHICLE; OFFENSE; REPEAL  
Repeals the crime of unlawful failure to return a motor vehicle subject to a security interest, a class 6 (lowest) felony. First sponsor: Rep. D. Hernandez (D - Dist 2)   General Comments (all lists):

League Position:

Support


3/11
Senate jud held.
H2372:
AGRICULTURAL OPERATIONS; NUISANCE; LIABILITY  
Statute governing nuisance liability for agricultural operations is repealed and replaced. A nuisance action cannot be filed against an agricultural operation conducted on farmland unless a list of specified conditions apply. Establishes a rebuttable presumption that an agricultural operation conducted on farmland is not a public or private nuisance, which may be overcome by a preponderance of the evidence that the operation is violating applicable federal, state or local laws and regulations. Establishes requirements for the court to award costs, expenses, and/or compensatory damages in a nuisance action. The circumstances under which agricultural operations conducted on farmland may be regulated or considered to be a nuisance are a matter of statewide concern. This legislation supersedes any municipal ordinance that makes an agricultural operation conducted on farmland a nuisance or provides for an abatement of the agricultural operation as a nuisance, and any such ordinance is void and has no force or effect. Contains legislative findings. First sponsor: Rep. Dunn (R - Dist 13)   General Comments (all lists):

League Position:

Oppose


2/23
retained on House COW calendar.
H2400 (Chapter 162):
MUNICIPAL ORDINANCES; POSTING  
Municipal ordinances imposing a penalty, fine, forfeiture or other punishment are required to be posted at city or town hall or in one public place within the municipality, and on the municipality's website, instead of being required to be posted in three or more public places within the municipality. AS SIGNED BY GOVERNOR First sponsor: Rep. Osborne (R - Dist 13)
Others: Rep. Dunn (R - Dist 13), Rep. Kavanagh (R - Dist 23), Rep. Toma (R - Dist 22)
  General Comments (all lists):

League Position:

Support


4/1
signed by governor. Chap. 162, Laws 2021. message
H2447:
ADOT; PORTS OF ENTRY; REPORTING  
The Director of the Arizona Department of Transportation (ADOT) is no longer authorized to designate regular peace officers with like authority of other peace officers of the state or municipalities. The ADOT Director and designated ADOT officers, agents and employees are permitted to exercise the power of specialty peace officers, with power to enforce motor vehicle laws and rules, within five miles of a port of entry that is controlled by Arizona and within one mile of a port of entry that is on the border between Arizona and Mexico, instead of throughout Arizona. By November 1, 2021, ADOT is required to report to the Joint Legislative Budget Committee a list of specified information relating to law enforcement activities within ADOT. The purpose of the report is to allow the Department of Public Safety (DPS) to evaluate a transition of law enforcement activities from ADOT to DPS. First sponsor: Rep. Fillmore (R - Dist 16)   General Comments (all lists):

League Position:

Oppose


2/24
FAILED House 28-32.
H2458:
SCHOOLS; UNIVERSITIES; CONSULAR IDENTIFICATION CARDS  
School districts and charter schools are required to accept a consular identification card to show verifiable documentation of Arizona residency. Community colleges and universities under the jurisdiction of the Arizona Board of Regents are required to accept a consular identification card as a valid form of identification. The state and political subdivisions are required to accept a consular identification card that is issued by a foreign government as a valid form of identification if the foreign government uses "biometric identity verification techniques" (defined) in issuing the card, instead of being prohibited from accepting a consular identification card as a valid form of identification. First sponsor: Rep. Cook (R - Dist 8)
Others: Rep. Chavez (D - Dist 29)
  General Comments (all lists):

League Position:

Support


2/24
House COW approved with flr amend #4485.
H2462 (Chapter 338):
CIVILIAN REVIEW BOARD MEMBERS; TRAINING  
Before a person becomes a member of a "civilian review board" (defined) that reviews the actions of peace officers in Arizona, the person is required to satisfactorily complete a community college police academy or a total of 80 hours of Arizona Peace Officer Standards and Training Board certified training in a list of specified subjects. Members currently serving on civilian review boards are required to complete the training within one year of the effective date of this legislation. AS SIGNED BY GOVERNOR First sponsor: Rep. Payne (R - Dist 21)
Others: Rep. Biasiucci (R - Dist 5)
  General Comments (all lists):

League Position:

Oppose


5/7
signed by governor. Chap. 338, Laws 2021.
H2481:
SHORT-TERM RENTALS; ENFORCEMENT; PENALTIES  
Modifies the list of regulations that counties and municipalities are authorized to impose on vacation rentals or short-terms rentals to include requiring the owner of a vacation rental or short-term rental to license or register with the county or municipality, and restricting the occupancy of a vacation rental or short-term rental to the lesser of the occupancy limit of the county or municipality or 2 adults per bedroom plus 2 additional adults. Vacation rentals and short-term rentals cannot advertise to exceed the occupancy limit of the dwelling or for any nonresidential use. Counties and municipalities are authorized to impose a civil penalty for each day a property is in violation of this advertisement prohibition. An online lodging operator that falsifies information to an online lodging marketplace is guilty of a petty offense. A county or municipality cannot prohibit the operation of a vacation rental or short-term rental based solely on its status as a vacation rental or short-term rental if the owner of the vacation rental or short-term rental, as of May 1, 2021, has a valid transaction privilege tax license, and as of June 2, 2021, has provided the owner's or the owner's designee's contact information to the county or municipality in which the vacation rental or short-term rental is located, if required by ordinance. First sponsor: Rep. Kavanagh (R - Dist 23)
Others: Sen. Alston (D - Dist 24), Sen. Barto (R - Dist 15), Rep. Butler (D - Dist 28), Sen. Engel (D - Dist 10), Rep. Jermaine (D - Dist 18), Rep. Kaiser (R - Dist 15), Rep. Lieberman (D - Dist 28), Rep. Longdon (D - Dist 24), Sen. Marsh (D - Dist 28), Rep. Shah (D - Dist 24)
  General Comments (all lists):

League Position:

Support


2/11
from House gov-elect with amend #4195.
H2489:
APPROPRIATION; AFFORDABLE HOUSING  
Appropriates $25 million from the general fund in FY2021-22 to the Housing Trust Fund. First sponsor: Rep. Chavez (D - Dist 29)
Others: Rep. Epstein (D - Dist 18), Rep. A. Hernandez (D - Dist 3), Rep. D. Hernandez (D - Dist 2), Rep. Jermaine (D - Dist 18), Rep. Lieberman (D - Dist 28), Sen. Marsh (D - Dist 28), Rep. Meza (D - Dist 30), Rep. Salman (D - Dist 26), Rep. Teran (D - Dist 30)
  General Comments (all lists):

League Position:

Oppose


2/23
from House appro with amend #4424. From House rules okay.
H2551:
MISCONDUCT INVOLVING WEAPONS; PUBLIC PLACES  
A person who possesses a valid concealed weapons permit is exempt from the prohibition on carrying a concealed weapon in a public establishment or at a public event. Some exceptions, including for public establishments or events that are a "secured facility" (defined), that are the licensed premises of a liquor licensee, that are a judicial department or law enforcement agency, that are an educational institution, and that are a vehicle or craft. AS PASSED HOUSE First sponsor: Rep. Kavanagh (R - Dist 23)
Others: Sen. Barto (R - Dist 15), Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Burges (R - Dist 1), Rep. Chaplik (R - Dist 23), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Griffin (R - Dist 14), Rep. Kaiser (R - Dist 15), Rep. Nutt (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Roberts (R - Dist 11), Rep. Toma (R - Dist 22), Rep. Wilmeth (R - Dist 15)
  General Comments (all lists):

League Position:

Oppose


3/22
from Senate jud do pass.
H2562:
TAX CREDIT; AFFORDABLE HOUSING  
Establishes a credit against individual and corporate income taxes and insurance premium taxes for projects that qualify for the federal low-income housing tax credit and that are placed in service from and after June 30, 2022. The credit is equal to the amount of the federal low-income housing credit for the qualified project. To claim the credit, a taxpayer is required to apply to the Arizona Department of Housing and receive an eligibility statement. If the amount of the credit exceeds taxes due, the taxpayer may carry the unused amount forward for up to five consecutive taxable years. The Department of Revenue is required to allocate a total of $8 million of affordable housing tax credits in any calendar year. Establishes a 9-member Affordable Housing Tax Credit Review Committee to review the tax credits on the fifth year after the effective date of the credit and every five years thereafter and submit a report to the Governor and the Legislature. Self-repeals January 1, 2029. First sponsor: Rep. Cobb (R - Dist 5)   General Comments (all lists):

League Position:

Support


2/18
House COW approved with flr amend #4335.
H2567 (Chapter 322):
PEACE OFFICERS; INVESTIGATOR MEMBERSHIP REQUIREMENTS  
At least 2/3 of the voting membership of any government committee, board or entity that investigates law enforcement officer misconduct, that influences the conduct of or certifies officer misconduct investigations, that recommends disciplinary actions or imposes discipline for law enforcement officer misconduct is required to be Arizona Peace Officer Standards and Training Board certified law enforcement officers of any rank who are from the same department or agency as the officer who is the subject of the investigation or disciplinary action. If an entity does not meet these requirements, a supervisor, department or agency head that supervises a law enforcement officer is authorized to investigate and impose discipline for an officer's misconduct independently of the entity. Does not apply to the Arizona Peace Officer Standards and Training Board. AS SIGNED BY GOVERNOR First sponsor: Rep. Kavanagh (R - Dist 23)   General Comments (all lists):

League Position:

Oppose


5/5
signed by governor. Chap. 322, Laws 2021. message
H2618:
PUBLIC NUISANCE; NOISE; EVIDENCE  
A prosecution for a public nuisance violation that involves noise is required to include an accurate recording and measurement of the noise by a peace officer or code enforcement officer. Measurement standards are specified. AS PASSED HOUSE First sponsor: Rep. Parker (R - Dist 16)
Others: Rep. Payne (R - Dist 21), Sen. Townsend (R - Dist 16)
  General Comments (all lists):

League Position:

Oppose


5/26
retained on Senate COW calendar.
H2623:
FIREWORKS; USE; OVERNIGHT HOURS; PROHIBITION  
Counties and municipalities are authorized to prohibit the use of permissible consumer fireworks between the hours of 10PM and 8AM. First sponsor: Rep. Shah (D - Dist 24)
Others: Rep. Bowers (R - Dist 25), Rep. Lieberman (D - Dist 28), Rep. Longdon (D - Dist 24), Rep. Nguyen (R - Dist 1), Rep. Osborne (R - Dist 13), Rep. Payne (R - Dist 21)
  General Comments (all lists):

League Position:

Support


3/11
from Senate com with amend #4821. Further referred to Senate appro.
H2685:
CONSULAR IDENTIFICATION CARDS; PERMITTED USE  
The state and its political subdivisions are required, instead of prohibited, to accept a consular identification card issued by a foreign government as a valid form of identification if the foreign government uses "biometric identity verification techniques" (defined) in issuing the consular identification card. First sponsor: Rep. Chavez (D - Dist 29)   General Comments (all lists):

League Position:

Support


2/22
from House rules okay.
H2716:
LICENSING; BUILDING PERMITS; TEMPORARY PERMITS  
In determining the order in which the municipality will review an application for a license, the municipality is prohibited from prioritizing applications for a license that is subject to licensing timeframe requirements over applications for a license that is not. If a municipality requires a building permit for the construction of any single-family dwelling, the municipality is required to issue the building permit within seven calendar days after the applicant submits an administratively complete application if the applicant has satisfied specified requirements. If the municipality fails to issue the building permit within seven calendar days, the applicant is authorized to commence with construction and the municipality is required to issue the permit as soon as practicable. Some exceptions. AS PASSED HOUSE First sponsor: Rep. Griffin (R - Dist 14)   General Comments (all lists):

League Position:

Oppose


3/24
Failed Senate Com 2-5.
H2770 (Chapter 201):
MASK MANDATES; BUSINESS EXCEPTION  
A business in Arizona is not required to enforce on its premises a mask mandate that is established by the state, a city, town or county or any other jurisdiction of this state. AS SIGNED BY GOVERNOR. In his signing statement, the Governor expressed concern about unintended consequences relating to make requirements that are not related to the spread of COVID-19, and thanked the bill's sponsor for agreeing to fix this oversight in a future bill this session. First sponsor: Rep. Chaplik (R - Dist 23)
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Bolick (R - Dist 20), Rep. Burges (R - Dist 1), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Fillmore (R - Dist 16), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. Hoffman (R - Dist 12), Rep. Kaiser (R - Dist 15), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Pratt (R - Dist 8), Rep. Toma (R - Dist 22), Rep. Wilmeth (R - Dist 15)
  General Comments (all lists):

League Position:

Oppose


4/9
signed by governor. Chap. 201, Laws 2021. message
H2773 (Chapter 375):
SPIRITUOUS LIQUOR; DELIVERY; OFF-SALE PERMITS  
Specified liquor licensees in Arizona are authorized to take orders by telephone, mail, fax, catalog, through the internet, or by other means for the sale and delivery of spirituous liquor off the licensed premises. Bar licensees and liquor store licensees may take orders for beer, wine, distilled spirits or "mixed cocktails" (defined), beer and wine bar licensees and beer and wine store licensees may take orders for beer and wine, and restaurant licensees may take orders for mixed cocktails with the sale of food or for beer, wine, and distilled spirits if the restaurant holds specified permits. The liquor licensee is allowed to maintain a delivery service and to contract with one or more “registered alcohol delivery contractors” (defined) for delivery of spirituous liquor if the spirituous liquor is packaged and tamper proof sealed by the licensee and loaded for delivery at the premises of the licensee in Arizona and delivered in Arizona on the same business day. All containers of spirituous liquor that are delivered must be tamper proof sealed and conspicuously labeled with the words "Contains alcohol, signature of person who is twenty-one years of age or older is required for delivery." Delivery must be made by an employee of the licensee or an employee or authorized independent contractor of a registered alcohol delivery contractor who is at least 21 years of age and delivery must be made to a customer who is at least 21 years of age and who displays identification at the time of delivery. The Department of Liquor Licenses and Control (DLLC)is authorized to register any person in Arizona as an alcohol delivery contractor, and registration requirements are specified. Through December 31, 2025, bar and liquor store licensees, through the DLLC, are required to lease in one-year terms to restaurant licensees the privilege of selling mixed cocktails for consumption off the licensed premises. DLLC is required to establish a lease amount that is derived from the commercial value of the privilege, and conditions for the leases are listed. Bars, beer and wine bars, and liquor store licensees are authorized to lease in one-year terms the off-sale privileges associated with the licensee’s license, except the privilege to sell mixed cocktails for off-premises consumption, to a restaurant licensee. Conditions for these leases are also listed. Severability clause. Effective October 1, 2021. Retroactive to July 1, 2020, the list of exemptions from spirituous liquor regulations is expanded to include the manufacture or sale of bitters products that have been classified and approved as a nonbeverage product or unfit for beverage purposes by the U.S. Alcohol and Tobacco Tax and Trade Bureau. AS SIGNED BY GOVERNOR First sponsor: Rep. Weninger (R - Dist 17)
Others: Rep. Chavez (D - Dist 29), Rep. A. Hernandez (D - Dist 3), Rep. Kaiser (R - Dist 15), Rep. Lieberman (D - Dist 28), Rep. Nutt (R - Dist 14), Rep. Shah (D - Dist 24)
  General Comments (all lists):

League Position:

Neutral


5/21
signed by governor. Chap. 375, Laws 2021. message
H2804:
PUBLIC MEETINGS; EXECUTIVE SESSIONS  
A public body is authorized to hold an executive session for legal advice solely for advice in the other areas for which an executive session may be held. Discussion of the objectives on which an officer or employee of a public body will be evaluated must be conducted in a public meeting. First sponsor: Rep. Pingerelli (R - Dist 21)
Others: Rep. Biasiucci (R - Dist 5), Rep. Burges (R - Dist 1), Rep. Cobb (R - Dist 5), Rep. Finchem (R - Dist 11), Rep. Hoffman (R - Dist 12), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Roberts (R - Dist 11), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17)
  General Comments (all lists):

League Position:

Oppose


3/8
referred to Senate gov.
H2808:
APPROPRIATION; RURAL BROADBAND GRANTS  
Appropriates $10 million in onetime funding from the general fund in FY2021-22 to the Arizona Commerce Authority to provide rural broadband grants. First sponsor: Rep. Osborne (R - Dist 13)
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. Griffin (R - Dist 14), Rep. John (R - Dist 4), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Pratt (R - Dist 8), Rep. Roberts (R - Dist 11), Rep. Udall (R - Dist 25)
  General Comments (all lists):

League Position:

Support


4/1
from Senate appro with amend #4989.
H2810 (Chapter 327):
CIVIL ASSET FORFEITURE; CONVICTION; PROCEDURES  
The list of property subject to seizure and forfeiture is modified to require the proceeds to be traceable to an offense that resulted in a criminal conviction. Property is subject to forfeiture only if the owner is convicted of an offense to which forfeiture applies and the state establishes by clear and convincing evidence that the property is subject to forfeiture. The state is prohibited from proceeding with further forfeiture proceedings before a criminal conviction for an offense to which forfeiture applies unless no timely claims for the seized property were filed or the court waived the conviction requirement. After a person is convicted of an offense for which forfeiture applies, the court may order the person to forfeit property acquired through the commission of the offense, property directly traceable to property acquired through the commission of the offense, and property the person used in the commission of the offense or to facilitate the offense. Establishes circumstances under which the court is allowed to waive the conviction requirement. Does not prevent property from being forfeited by the terms of a plea agreement. A person who claims to be an innocent owner has the burden of production to show that the person either held a legal right, title or interest in the property seized at the time the illegal conduct occurred, or acquired as a bona fide purchaser a legal right, title or interest in the property after the commission of the crime. All property seized by a law enforcement agency at any time must be returned to the owner, if known, within ten business days after the property's seizure unless the owner has been arrested and charged with a criminal offense subject to forfeiture, the property is sought to be used as evidence, it is illegal for the owner to possess the property, or the property was seized for forfeiture. Within 60 days after making a seizure for forfeiture, the state is required to file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. Establishes requirements for serving the notice of pending forfeiture. Allows an owner of the property to file a claim against the property at any time within 60 days after the notice or 60 days before a criminal trial, whichever is later. Beginning August 28, 2024, the Attorney General is prohibited from using monies from the Anti-Racketeering Revolving Fund to pay salaries for full-time equivalent positions. Statutes governing various forfeiture proceedings are repealed and replaced. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated that this legislation balances personal rights and property with ensuring law enforcement has the tools necessary to protect the state. First sponsor: Rep. Grantham (R - Dist 12)
Others: Rep. Biasiucci (R - Dist 5), Rep. Bolick (R - Dist 20), Rep. Bowers (R - Dist 25), Rep. Chaplik (R - Dist 23), Rep. Cobb (R - Dist 5), Rep. Hoffman (R - Dist 12), Rep. Nguyen (R - Dist 1), Rep. Parker (R - Dist 16), Sen. Petersen (R - Dist 12), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17)
  General Comments (all lists):

League Position:

Oppose


5/5
signed by governor. Chap. 327, Laws 2021. message
H2861:
BUILDING PERMITS; FEES  
Municipalities are authorized to charge fees that are reasonably proportionate to the direct costs associated with reviewing and issuing a building permit. Any fees charged for issuing a building permit may be used only to fund the department responsible for issuing the building permit and cannot be used as revenue for the general expenses of the municipality. Municipalities are required to post on their websites the revenues collected from all building permits and the itemized costs attributable to issuing a building permit. First sponsor: Rep. Kaiser (R - Dist 15)   General Comments (all lists):

League Position:

Oppose


2/22
from House rules okay.
H2882:
TECH CORRECTION; ACTION TO RESTRAIN  
Minor change in Title 28 (Transportation) related to authorized third parties. Apparent striker bus. First sponsor: Rep. Parker (R - Dist 16)   General Comments (all lists):

League Position:

Oppose


2/24
retained on House COW calendar.
S1043:
PUBLIC SAFETY; CANCER INSURANCE; ELIGIBILITY  
The Board of Trustees of the Public Safety Personnel Retirement System is required to annually review the premiums required under the Public Safety Cancer Insurance Policy Program to ensure the financial security of the Program. Persons eligible for coverage under the Program remain eligible upon retirement for the statutorily specified time periods, regardless of whether the person has a cancer diagnosis. First sponsor: Sen. Livingston (R - Dist 22)   General Comments (all lists):

League Position:

Oppose


1/26
from Senate rules okay.
S1045 (Chapter 330):
DEFINED CONTRIBUTION; HEALTH SUBSIDY; DISABILITY  
Retired members of the Public Safety Personnel Defined Contribution Retirement System (PSPDCRS) are no longer required to pay the premium for coverage in the group health and accident coverage and are no longer excluded from eligibility for benefits under the health insurance premium assistance program for members with disabilities. The accidental disability pension for a member of the Public Safety Personnel Retirement System (PSPRS) must be at least 50 percent of the member's average monthly benefit compensation. The PSPRS Board is required to establish and administer a group health benefits plan for retired participants who elect to participate. For 90 days after the effective date of this legislation, existing PSPDCRS participants must have an opportunity to opt in to the group health benefits plan through an irrevocable election to pay the required costs through payroll deduction. Each participant in the group health benefits plan and the participant's employer are required to pay an equal amount for costs, as actuarially determined, for the plan. Other than provisions relating to accidental disability pension, this legislation becomes effective July 1, 2022. AS SIGNED BY GOVERNOR First sponsor: Sen. Livingston (R - Dist 22)   General Comments (all lists):

League Position:

Neutral


5/5
signed by governor. Chap. 330, Laws 2021. message
S1103:
LIEUTENANT GOVERNOR; DUTIES; BALLOT  
No later than 60 days before the date of the general election, a candidate for Governor is required to submit to the Secretary of State the name of a person who will be the joint candidate for Lieutenant Governor with that gubernatorial candidate and whose name will appear on the general election ballot jointly with that candidate. The direction, operation and control of the Department of Administration is the responsibility of the Lieutenant Governor. Conditionally enacted on the state Constitution being amended by the voters at the 2020 general election by passage of an unspecified SCR (blank in original) relating to the establishment of the office of Lieutenant Governor. Applies beginning with elections for the term of office that starts in 2027. First sponsor: Sen. Mesnard (R - Dist 17)   General Comments (all lists):

League Position:

Oppose


2/24
from Senate appro with amend #4460. From Senate rules with the tech amend.
S1107 (Chapter 155):
REDISTRICTING; PETITION SIGNATURES; 2022 CANDIDATES  
As session law, if the nomination paper and nomination petition of candidates for 2022 state legislative or U.S. Congressional races are in compliance with otherwise applicable law, the Secretary of State is required to accept as valid the nomination paper and nomination petition of a person that designates a district for that person's candidacy that uses any or all of the following: was used in the 2020 election; was designated in a redistricting plan adopted by the 2021 Independent Redistricting Commission; or is designated in a redistricting plan that is ordered for use in the 2022 election by a court of competent jurisdiction. If the candidate nomination petition and the petition signers for candidates for 2022 state legislative or U.S. Congressional races are in compliance with otherwise applicable law, the Secretary of State is required to accept the signers as valid if the signers are registered voters who are residents of any or all of the following districts the candidate proposes to represent: was used in the 2020 election; was designated in a redistricting plan adopted by the 2021 Independent Redistricting Commission; or is designated in a redistricting plan that is ordered for use in the 2022 election by a court of competent jurisdiction. Does not apply to statements of interest, nomination papers, and nomination petitions for a special election to fill a vacancy in the office of the U.S. House of Representatives. Due to the delay in decennial census data, each county board of supervisors has a seven-month extension to divide the county into supervisorial districts. Emergency clause. AS SIGNED BY GOVERNOR First sponsor: Sen. Mesnard (R - Dist 17)   General Comments (all lists):

League Position

Neutral


3/30
signed by governor. Chap. 155, Laws 2021. message
S1121:
MARIJUANA; SECURITY; SOCIAL EQUITY LICENSES  
By December 31, 2023, the Department of Health Services (DHS) would have been required to mandate licensees to procure, develop, acquire and maintain a system to track marijuana and marijuana products at all points of cultivation, manufacturing and sale. Would have specified requirements for the system. By December 31, 2023, marijuana product packaging labeled for sale would have been required to include a consumer scannable quick response code or similar technology linking to a web page that displayed a list of specified information for the specific marijuana product, including a warning about marijuana use during pregnancy. DHS rules would have been required to mandate marijuana establishments to display in a conspicuous location a sign that warns pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the Department of Child Safety during pregnancy or at the birth of the child by persons who are required to report. Beginning on the effective date of this legislation, DHS would have been prohibited from issuing a marijuana establishment or marijuana testing facility license to an applicant who had an ownership interest in an out-of-state marijuana establishment or marijuana testing facility, or the other state's equivalent, that had its license revoked by the other state. Due to voter protection, this legislation required the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage. AS VETOED BY GOVERNOR. In his veto message, the Governor stated that his priority is passing a budget, and that he does not intend to sign any additional bills until that happens. First sponsor: Sen. Gowan (R - Dist 14)   General Comments (all lists):

League Position:

Neutral


5/28
VETOED message.
S1214:
PSPRS; CORP; LOCAL BOARDS; CONSOLIDATION  
Various changes to statues governing the Public Safety Personnel Retirement System (PSPRS) and Corrections Officer Retirement Plan (CORP). The powers and duties of PSPRS local boards and CORP local boards are expanded to include deciding all questions of eligibility for membership and disability and in the line of duty death benefits, and a uniform process for reviewing applications for these benefits is established. Each PSPRS local board and CORP local board is required to hire an independent legal counsel. PSPRS and CORP local board members are required to complete local board training within 180 days after appointment or election. PSPRS and CORP employers and local boards are required to submit any materials requested by the PSPRS Board of Trustees for any reason. If the PSPRS Board of Trustees finds through an audit or investigation that a local board is not in compliance with statute or rule, the local board has 60 days to take corrective action, and failure to take adequate correction action authorizes the Board of Trustees to act on behalf of that local board until the matter is resolved. PSPRS and CORP local boards are authorized to enter into an intergovernmental agreement with other local boards to consolidate the boards. Effective January 1, 2022. First sponsor: Sen. Livingston (R - Dist 22)   General Comments (all lists):

League Position:

Support


2/3
Senate COW approved with amend #4019 and flr amend #4082.
S1224:
AGRICULTURAL OPERATIONS; NUISANCE LIABILITY  
Statute governing nuisance liability for agricultural operations is repealed and replaced. A nuisance action cannot be filed against an agricultural operation conducted on farmland unless a list of specified conditions apply. Establishes a rebuttable presumption that an agricultural operation conducted on farmland is not a public or private nuisance, which may be overcome by a preponderance of the evidence that the operation is violating applicable federal, state or local laws and regulations. Establishes requirements for the court to award costs, expenses, and/or compensatory damages in a nuisance action. The circumstances under which agricultural operations conducted on farmland may be regulated or considered to be a nuisance are a matter of statewide concern. This legislation supersedes any municipal ordinance that makes an agricultural operation conducted on farmland a nuisance or provides for an abatement of the agricultural operation as a nuisance, and any such ordinance is void and has no force or effect. Contains legislative findings. First sponsor: Sen. Kerr (R - Dist 13)   General Comments (all lists):

League Position:

Oppose


3/2
from Senate rules okay.
S1252:
CORPORATE INCOME TAX; SUBTRACTION  
For tax years beginning with 2022, the first $100,000 of Arizona gross income for the taxable year is added to the list of subtractions from Arizona gross income for the purpose of corporate income taxes. AS PASSED SENATE First sponsor: Sen. Petersen (R - Dist 12)
Others: Sen. Livingston (R - Dist 22)
  General Comments (all lists):

League Position:

Neutral


3/9
referred to House ways-means.
S1257 (Chapter 211):
STATE LIQUOR BOARD; MEMBERSHIP  
One of the five members of the State Liquor Board with no financial interest in business licensed to deal with spirituous liquors is required to be a current or former elected municipal official. Session law allows current Board members to continue to serve until the expiration of their normal terms. AS SIGNED BY GOVERNOR First sponsor: Sen. Mesnard (R - Dist 17)   General Comments (all lists):

League Position:

Support


4/9
signed by governor. Chap. 211, Laws 2021. message
S1258 (Chapter 212):
STATE OF EMERGENCY; TOLLING; PERMITS  
A state of emergency proclamation issued by the Governor in response to an event that causes the state or a county or municipality to alter or limit "ordinary government operations" (defined) tolls the period remaining to exercise the rights under any permit, license, approval or other authorization issued by the Department of Environmental Quality or a county or municipality for the duration of the state of emergency proclamation and extends the period remaining to exercise those rights for an additional six months after the tolling period. Does not apply to a list of specified permits and licenses. Emergency clause. AS SIGNED BY GOVERNOR First sponsor: Sen. Mesnard (R - Dist 17)   General Comments (all lists):

Leagye Position

Neutral


4/9
signed by governor. Chap. 212, Laws 2021. message
S1327:
TAX CREDIT; AFFORDABLE HOUSING  
Establishes a credit against individual and corporate income taxes and insurance premium taxes for projects that qualify for the federal low-income housing tax credit and that are placed in service from and after June 30, 2022. The credit is equal to the amount of the federal low-income housing credit for the qualified project. To claim the credit, a taxpayer is required to apply to the Arizona Department of Housing and receive an eligibility statement. If the amount of the credit exceeds taxes due, the taxpayer may carry the unused amount forward for up to five consecutive taxable years. The Department of Revenue is required to allocate a total of $8 million of affordable housing tax credits in any calendar year. Establishes a 9-member Affordable Housing Tax Credit Review Committee to review the tax credits on the fifth year after the effective date of the credit and every five years thereafter and submit a report to the Governor and the Legislature. Self-repeals January 1, 2028. AS PASSED SENATE First sponsor: Sen. Gowan (R - Dist 14)
Others: Sen. Alston (D - Dist 24), Sen. Borrelli (R - Dist 5), Sen. Bowie (D - Dist 18), Sen. Fann (R - Dist 1), Sen. Gray (R - Dist 21), Sen. Livingston (R - Dist 22), Sen. Rios (D - Dist 27), Sen. Shope (R - Dist 8)
  General Comments (all lists):

League Position:

Support


3/1
referred to House ways-means.
S1333:
LAW ENFORCEMENT; BUDGET REDUCTION; PROHIBITION  
Municipalities are prohibited from reducing the annual operating budget for a law enforcement agency by any amount below the previous year's budget. If a municipality reduces the annual operating budget for a law enforcement agency, the municipality is required to notify the State Treasurer of the reduction, and the State Treasurer is required to withhold any state shared monies from the municipality in an amount equal to the amount of the reduction of the annual operating budget for the law enforcement agency. Some exceptions. The State Treasurer is required to deposit any amounts withheld in the newly established Law Enforcement Support Fund. If a municipality reduces the annual operating budget for a law enforcement agency by more than 25 percent, the State Treasurer is required to withhold state shared monies in an amount equal to the law enforcement agency's entire budget for the previous year. If a municipality reduces a law enforcement agency's budget by more than 25 percent, the municipality is required to notify the county sheriff, that sheriff is authorized to assume law enforcement functions for that municipality, and the State Treasurer is required to provide all state shared monies withheld from the municipality to the county sheriff's department. The State Treasurer is required to continue to withhold state shared monies until notification from the municipality that the reduction in the law enforcement agency's budget has been restored. More. Retroactive to January 1, 2021. First sponsor: Sen. Gowan (R - Dist 14)   General Comments (all lists):

League Position:

Oppose


2/16
from Senate rules okay.
S1336 (Chapter 216):
ANNEXATION; UNINCORPORATED TERRITORY  
The prohibition on municipalities annexing territory that results in an unincorporated island does not apply to annexations that were approved by the selection board established prior to August 25, 2020. Emergency clause. AS SIGNED BY GOVERNOR First sponsor: Sen. Gowan (R - Dist 14)   General Comments (all lists):

League Position:

Support


4/9
signed by governor. Chap. 216, Laws 2021. message
S1373 (Chapter 314):
HEALTH FACILITIES; DUTY OF CARE  
Licensed health care institutions that provide residential care and the institution's employees and agents have an affirmative duty of care for their residents. These institutions are required to initiate cardiopulmonary resuscitation (CPR), in accordance with that resident's advance directives and do-not-resuscitate order, to a resident who is nonresponsive or has a cessation of respiration, and are required to provide appropriate first aid to a resident who is in distress or who has fallen and is unable to reasonably recover independently. These institutions are prohibited from implementing policies that prevent employees from providing appropriate CPR or first aid to the institution's residents. Health care institutions and staff members who render CPR or first aid according to these requirements are not liable for civil damages as a result of any act or omission by the person rendering care, if the care is rendered in good faith and consistent with CPR or first aid certification standards. This liability exclusion does not apply to a person who acts with gross negligence while rendering care. AS SIGNED BY GOVERNOR First sponsor: Sen. Barto (R - Dist 15)   General Comments (all lists):

League Position:

Support


5/4
signed by governor. Chap. 314, Laws 2021. message
S1377 (Chapter 179):
CIVIL LIABILITY; PUBLIC HEALTH PANDEMIC  
If the Governor declares a state of emergency for a public health pandemic, a person or "provider" (defined) that acts in good faith to protect a person or the public from injury from the pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the person or the public from the effects of the pandemic, unless it is proven by clear and convincing evidence that the person or provider failed to act or acted with willful misconduct or gross negligence. A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the pandemic. If the Governor declares a state of emergency for a public health pandemic, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional's or health care institution's action or omission while providing health care services in support of Arizona's response to the state of emergency declared by the Governor, unless it is proven by clear and convincing evidence that the professional or institution failed to act or acted with willful misconduct or gross negligence. A health professional or health care institution is presumed to have acted in good faith if the professional or institution relied on and reasonably attempted to comply with applicable published guidance relating to the pandemic that was issued by a federal or state agency. Applies to all claims filed before or after the effective date of this legislation for an act or omission that occurred on or after March 11, 2020 relating to a pandemic that is the subject of the state of emergency declared by the Governor. Does not apply to workers' compensation claims. Retroactive to March 11, 2020. Severability clause. AS SIGNED BY GOVERNOR First sponsor: Sen. Leach (R - Dist 11)
Others: Sen. Barto (R - Dist 15), Rep. Biasiucci (R - Dist 5), Rep. Bolick (R - Dist 20), Sen. Borrelli (R - Dist 5), Rep. Bowers (R - Dist 25), Sen. Boyer (R - Dist 20), Sen. Fann (R - Dist 1), Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Rep. Hoffman (R - Dist 12), Rep. Kavanagh (R - Dist 23), Sen. Kerr (R - Dist 13), Sen. Livingston (R - Dist 22), Sen. Mesnard (R - Dist 17), Rep. Osborne (R - Dist 13), Sen. Pace (R - Dist 25), Sen. Shope (R - Dist 8), Rep. Toma (R - Dist 22), Sen. Townsend (R - Dist 16), Sen. Ugenti-Rita (R - Dist 23), Rep. Weninger (R - Dist 17)
  General Comments (all lists):

League Position:

Support


4/5
signed by governor. Chap. 179, Laws 2021. message
S1379:
VACATION RENTALS; SHORT-TERM RENTALS; ENFORCEMENT  
Modifies the list of regulations that counties and municipalities are authorized to impose on vacation rentals or short-terms rentals to include requiring the owner of a vacation rental or short-term rental to maintain liability insurance appropriate to cover the rental in the aggregate of at least $500,000 or to advertise and offer each vacation rental or short-term rental through a hosting platform that provides equal or greater coverage. Counties and municipalities are authorized to impose civil penalties for each day a property is in violation of specified provisions. Modifies civil penalties for online lodging operators that fail to comply with applicable transaction privilege tax requirements. After notice and a hearing, the Department of Revenue is authorized to suspend for a period of 12 months the transaction privilege tax license of the owner of a vacation rental or short-term rental that has three "verified violations" (defined) within the same 12-month period. AS PASSED SENATE First sponsor: Sen. Mesnard (R - Dist 17)   General Comments (all lists):

League Position:

Oppose


4/1
House COW approved with flr amend #4994. FAILED House 17-43.
S1384:
STATE PARKS; LOTTERY; HERITAGE FUND  
Beginning in FY2023-24, of the monies remaining in the State Lottery Fund each fiscal year after a list of statutory appropriations and deposits, $3 million must be deposited in the Arizona State Parks Heritage Fund. As session law, of the monies remaining in the State Lottery Fund after the statutory appropriations and deposits, $1 million in FY2021-22 and $2 million in FY2022-23 are appropriated from the State Lottery Fund to the Arizona State Parks Heritage Fund. AS PASSED SENATE First sponsor: Sen. Shope (R - Dist 8)   General Comments (all lists):

League Position:

Support


3/31
from House appro with amend #4971.
S1406:
AIRCRAFT REGISTRATION FEES; TAXATION; REPEAL  
Repeals aircraft registration fees and license taxes. First sponsor: Sen. Petersen (R - Dist 12)   General Comments (all lists):

League Position:

Oppose


3/10
Senate COW approved with flr amend #4812.
S1409 (Chapter 358):
ZONING ORDINANCES; PROPERTY RIGHTS; COSTS  
Before adopting any zoning ordinance or zoning ordinance text amendment of general applicability, the legislative body of a municipality is required to consider the probable impact of the proposed ordinance or amendment on the cost to construct housing for sale or rent. AS SIGNED BY GOVERNOR First sponsor: Sen. Petersen (R - Dist 12)   General Comments (all lists):

League Position:

Oppose


5/11
signed by governor. Chap. 358, Laws 2021. message
S1420 (Chapter 42):
SCHOOLS; UNIVERSITIES; CONSULAR IDENTIFICATION CARDS  
The state and political subdivisions are required to accept a consular identification card that is issued by a foreign government as a valid form of identification if the foreign government uses "biometric identity verification techniques" (defined) in issuing the card, instead of being prohibited from accepting a consular identification card as a valid form of identification. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated that this legislation ensures that law enforcement is able to quickly and accurately identify the individuals with whom they interact, which enhances public safety. First sponsor: Sen. Boyer (R - Dist 20)
Others: Rep. Barton (R - Dist 6), Rep. Bowers (R - Dist 25), Sen. Bowie (D - Dist 18), Rep. Chavez (D - Dist 29), Rep. Cook (R - Dist 8), Sen. Engel (D - Dist 10), Sen. Fann (R - Dist 1), Rep. John (R - Dist 4), Rep. Lieberman (D - Dist 28), Sen. Pace (R - Dist 25), Rep. Payne (R - Dist 21), Sen. Rios (D - Dist 27), Rep. Rodriguez (D - Dist 27), Sen. Rogers (R - Dist 6), Rep. Toma (R - Dist 22)
  General Comments (all lists):

League Position:

Support


3/5
signed by governor. Chap. 42, Laws 2021. message
S1429 (Chapter 149):
SOLID WASTE SERVICES; PRIVATE PROVIDER  
A county or municipality is prohibited from providing for or enforcing a criminal penalty against a person who refuses to purchase solid waste collection services from a private service provider unless the private service provider contracts with the county or municipality to provide solid waste collection services and the solid waste collection service is billed through the county or municipality. AS SIGNED BY GOVERNOR First sponsor: Sen. Townsend (R - Dist 16)
Others: Rep. Fillmore (R - Dist 16)
  General Comments (all lists):

League Position

Neutral


3/26
signed by governor; Chap. 149, Laws 2021. message
S1448 (Chapter 218):
AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES  
In a nuisance action filed against an agricultural operation conducted on farmland, the court is authorized to award costs and expenses to the prevailing party, and is required to award reasonable costs and attorney fees to the other party of the court determines that a party filed the nuisance action for an improper purposes, did not file the action in good faith, or the action was not grounded in fact or based on law. The court is prohibited from awarding punitive damages for a nuisance action unless the alleged nuisance emanated from an agricultural operation that has been subject to a criminal conviction or a civil enforcement action. Counties, municipalities, and other political subdivisions are prohibited from declaring an agricultural operation conducted on farmland to be a nuisance if the agricultural operation's practices are lawful, customary, reasonable, safe and necessary to the agriculture industry. AS SIGNED BY GOVERNOR First sponsor: Sen. Kerr (R - Dist 13)
Others: Sen. Gowan (R - Dist 14), Sen. Shope (R - Dist 8)
  General Comments (all lists):

League Position:

Neutral


4/9
signed by governor. Chap. 218, Laws 2021. message
S1451 (Chapter 229):
WORKERS' COMPENSATION; RATES; FIREFIGHTERS; CANCER  
Fire investigators are added to the presumption that specified types of cancer and related diseases that result in disability or death are an occupational disease and are deemed to arise out of employment if specified conditions are met. All insurance carriers, self-insuring employers and workers' compensation pools that secure workers' compensation for firefighters and fire investigators are required to compile and report to the Industrial Commission claim and claim reserve information for all cancer-related claims filed by or on behalf of firefighters and fire investigators. The Commission is required to compile and make available to insurance carriers, rating organizations, employers, public safety workers and workers' compensation pools the claim-related information collected to assist with the setting of workers' compensation insurance rates. In addition to the six uniform percentage deviations already authorized by statute, insurers covering firefighters and fire investigators are permitted to file one uniform percentage deviation that increases the statewide rates under the rating organization's rate filing for the class codes associated with firefighters and fire investigators to address the anticipated increase in losses and expenses for claims that are compensable due to the workers' compensation presumption. The deviation filing must be accompanied by analysis from an actuary that substantively illustrates the basis for the rate increase. Contains a legislative intent section. AS SIGNED BY GOVERNOR First sponsor: Sen. Boyer (R - Dist 20)   General Comments (all lists):

League Position:

Support


4/14
signed by governor. Chap. 229, Laws 2021. message
S1487:
PRIVATE ATTORNEY RETENTION; MUNICIPALITIES; COUNTIES  
Counties and municipalities are prohibited from entering into a contingency fee contract with a private attorney unless the county or municipal attorney makes a written determination before entering into the contract that contingency fee representation is both cost effective and in the public interest. The written determination is required to include specific findings for a list of specified factors. Counties and municipalities are prohibited from entering into a contingency fee contract that provides for the county's or municipality's private attorney to receive a contingency fee from the county's or municipality's portion of the recovery in excess of an aggregate of a list of specified percentages based on the recovery amount. The contingency fee received by the county's or municipality's private attorney cannot exceed $50 million. Establishes additional requirements for county or municipal contracts for contingency fee attorney services. Does not apply to any contingency fee contract in which a county or municipality hires a private attorney to pursue debt collection cases. By February 1 of each year, the county attorney or municipal attorney is required to submit a report on the use of contingency fee contracts with private attorneys to the Governor and the Legislature. Information that must be included in the report is specified. First sponsor: Sen. Leach (R - Dist 11)   General Comments (all lists):

League Position:

Oppose


3/2
from Senate rules okay.
S1502:
PUBLIC NUISANCE; NOISE; EVIDENCE  
A prosecution for a public nuisance violation that involves noise is required to include an accurate recording and measurement of the noise made by a peace officer or code enforcement officer. Measurement standards are specified. Applies to all cases in which the defendant did not plead guilty or no contest and that, as of the effective date of this legislation, have not been submitted to the fact finder to render a verdict. First sponsor: Sen. Townsend (R - Dist 16)   General Comments (all lists):

League Position:

Oppose


3/1
Senate COW approved with flr amend #4614. 3/3 FAILED Senate 14-16.
S1520:
MUNICIPALITY; GENERAL PLAN; ADOPTION; AMENDMENT  
All major amendments to a municipality's general plan proposed for adoption by the governing body of a municipality must be presented at a public hearing within 12 months of when the proposal is made. First sponsor: Sen. Borrelli (R - Dist 5)   General Comments (all lists):

League Position:

Support


5/20
House COW approved with flr amend #5142.
S1533:
OBSTRUCTING HIGHWAYS; RACING; ASSESSMENT; IMPOUNDMENT  
Levies a penalty assessment of $1,000 on every fine, penalty and forfeiture imposed and collected by the courts for a violation of racing on highways. The assessments are deposited in the newly established Drag Racing Prevention Enforcement Fund, to be used to prevent racing on streets and highways in Arizona. Increases the criminal classification of obstructing a highway to a class 2 (mid-level) misdemeanor, from a class 3 (lowest) misdemeanor, except that a second or subsequent violation within 24 months is a class 1 (highest) misdemeanor, and obstructing a highway by intentionally activating a pedestrian signal in order to stop the passage of traffic and solicit a driver for a donation or business remains a class 3 (lowest) misdemeanor. A person who knowingly aids and abets another person in the commission of a violation of reckless driving or racing on highways is guilty of a class 2 (mid-level) misdemeanor, except that a second or subsequent violation within 24 months is a class 1 (highest) misdemeanor. Also, a peace officer is required to cause the removal and either immobilization or impoundment of a vehicle if the peace officer determines that a person is driving a vehicle in violation of reckless driving or racing on highways and the peace officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death. AS PASSED SENATE First sponsor: Sen. Boyer (R - Dist 20)
Others: Sen. Bowie (D - Dist 18), Rep. Chavez (D - Dist 29), Sen. Marsh (D - Dist 28), Rep. Payne (R - Dist 21)
  General Comments (all lists):

League Position:

Support


3/23
from House rules okay.
S1643:
ATTORNEY FEES; COSTS; RECOVERY  
A court is required to award fees and other expenses to a party that prevails in a civil action brought by that party seeking declaratory or injunctive relief against the state, a county, or municipality for an action that violates the U.S. Constitution, the state Constitution, or a state law. First sponsor: Sen. Leach (R - Dist 11)   General Comments (all lists):

League Position:

Oppose


3/8
Senate COW approved.
S1645 (Chapter 275):
PUBLICATION OF NOTICE  
Notices of elections, invitations for bids, laws and ordinances, and other public notices issued by a municipal governing body are required to be published in a newspaper that is printed and published within the municipality or that is printed and published within the county in which the municipality is located within a greater circulation to residents of the municipality. AS SIGNED BY GOVERNOR First sponsor: Sen. Shope (R - Dist 8)   General Comments (all lists):

League Position:

Support


4/20
signed by governor. Chap. 275, Laws 2021. message
S1687:
GOVERNMENTAL ENTITIES; SOCIAL MEDIA; PROHIBITION  
A "governmental entity" (defined), at any level, is prohibited from using a social media platform for any official or governmental purpose. A governmental entity is prohibited from giving or controlling a social media account to or for an "elected official" (defined). Does not apply to a personal social media account operated by an elected official. First sponsor: Sen. Ugenti-Rita (R - Dist 23)   General Comments (all lists):

League position:

Oppose


2/16
from Senate trans-tech do pass.
S1720 (Chapter 220):
PEER-TO-PEER CAR SHARING  
Establishes a new chapter in Title 28 (Transportation) regulating "peer-to-peer car sharing," defined as the authorized use of a shared vehicle by an individual other than the shared vehicle owner through a "peer-to-peer car sharing program" (defined). A peer-to-peer car sharing program is required to assume the liability of a shared vehicle owner for bodily injury or property damage that occurs to a third party during the car sharing period in an amount that is stated in the car sharing program agreement and that is at least the minimum amount of motor vehicle liability coverage required by statute. Some exceptions. A peer-to-peer car sharing program is required to ensure that during each car sharing period the shared vehicle owner and the shared vehicle driver are insured under a motor vehicle liability insurance policy that recognizes that the vehicle insured under the policy is made available and used through a peer-to-peer car sharing program, and that does not exclude the use of a shared vehicle by a shared vehicle driver. This insurance is primary during each car sharing period. Establishes authorized motor vehicle liability insurer exclusions relating to peer-to-peer car sharing. Establishes various requirements for peer-to-peer car sharing programs, including record collection, car sharing program agreement disclosures, driver license requirements, and responsibility for equipment and safety recalls. This legislation does not prohibit or restrict a public airport from implementing rules or licensing requirements or from assessing fees or charges that apply to shared vehicle transactions that are conducted at the public airport or that use an off-airport shuttle service provider that contracts with the public airport to access the shared vehicle off of the public airport premises. A shared vehicle transaction is subject to transaction privilege taxes but is not subject to the rental vehicle surcharge. A peer-to-peer car sharing program is required to register with the Department of Revenue (DOR) for a license for the payment of transaction privilege taxes levied by the state and one or more counties, municipalities, or special taxing districts for the taxes due from a shared vehicle owner for any vehicle sharing transaction facilitated by the peer-to-peer car sharing program. A licensed peer-to-peer car sharing program is required to electronically remit to DOR the applicable surcharges and taxes, to electronically report the taxes monthly, and to remit the aggregate total amounts for each of the respective taxing jurisdictions. Establishes requirements for sourcing of shared vehicle transactions. A shared vehicle owner is entitled to an exclusion from any applicable taxes for any shared vehicle transaction that is facilitated by a peer-to-peer car sharing program and for which the program has collected and remitted applicable taxes. Counties, municipalities, and political subdivisions are prohibited from imposing any additional taxes, fees or charges on the gross proceeds or gross income of a shared vehicle transaction that is not imposed on every other transaction involving motor vehicles for hire without a driver by that jurisdiction. AS SIGNED BY GOVERNOR First sponsor: Sen. Fann (R - Dist 1)   General Comments (all lists):

League position:

Neutral


4/9
signed by governor. Chap. 220, Laws 2021. message
S1721:
TPT; PRIME CONTRACTING CLASSIFICATION  
The gross proceeds of sales or gross income derived from a construction contract with an owner of real property or the improvements to real property that does not exceed $100,000 per unit for a "residential project" (defined) or $1 million for a nonresidential project is not subject to tax under the prime contracting classification of transaction privilege taxes, and is required to be exempt from municipal transaction privilege and use taxes. Only the contract price is used to determine whether a contract exceeds the threshold amount described in this paragraph with no subtractions for amounts paid to subcontractors or any deductions or exemptions allowed. Project elements cannot be artificially separated from a contract to cause a project to qualify for this exemption. The Department of Revenue has the burden of proving that project elements have been artificially separated from a contract. A contract that primarily involves construction of any electricity generating facility or system installed on any commercial, residential or governmental property, including the maintenance, repair, replacement or alteration of existing improvements of an electricity generating or distribution facility, is not subject to tax under the prime contracting classification of transaction privilege taxes. Retroactive to contracts entered into beginning July 1, 2021. Establishes provisions for application to contracts that were bid or entered into from January 1, 2015 through July 1, 2021. First sponsor: Sen. Fann (R - Dist 1)   General Comments (all lists):

League position:

Support


3/2
from Senate rules okay.
S1752 (Chapter 232):
CONFORMITY; INTERNAL REVENUE CODE  
For the purpose of Title 42 (Taxation), the definition of "Internal Revenue Code" is updated to mean the U.S. Internal Revenue Code in effect as of March 11, 2021, including provisions that became effective during 2020 with the specific adoption of all retroactive effective dates, but excluding any changes enacted after March 11, 2021. For the purpose of Title 43 (Taxation of Income), the definition of "Internal Revenue Code" for tax years beginning with 2021 means the U.S. Internal Revenue Code in effect on March 11, 2021, including provisions that became effective during 2020 with the specific adoption of all retroactive effective dates, but excluding any changes enacted after March 11, 2021. For the purpose of Title 43 (Taxation of Income), the definition of "Internal Revenue Code" for tax year 2020 means the U.S. Internal Revenue Code in effect on January 1, 2020, including those provisions of the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security Act, the Paycheck Protection Program Flexibility Act of 2020, and the Consolidated Appropriations Act of 2021, and the American Rescue Plan Act of 2021 that are retroactively effective during tax year 2020. Provisions of the Coronavirus Aid, Relief, and Economic Security Act that are retroactively effective are also added to the definitions of “Internal Revenue Code” for tax years 2019, 2018, 2017, 2016, 2015, 2014, and 2013. AS SIGNED BY GOVERNOR First sponsor: Sen. Leach (R - Dist 11)   General Comments (all lists):

League position:

Support


4/14
signed by governor. Chap. 232, Laws 2021. message