Public Affairs
55th Legislature - 1st Regular Session, 2021 Sunday, Jan 23 2022 5:49 AM
Bill Summaries
H2014: PUBLIC WORKS CONTRACTS; PROHIBITED REQUIREMENTS (GRRC; PETITION TO REQUEST REVIEW)

The list of prohibited provisions in a public works contract is expanded to include requiring a contractor to provide a wage or salary amount that is different than what the agency or political subdivision requires for other contracts or industries operating in the jurisdiction, requiring a contractor to demonstrate the existence of a labor management agreement, employee grievance policy or similar management practice, and requiring a contractor to demonstrate labor organization status. AS PASSED SENATE

First sponsor: Rep. Biasiucci ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

SUPPORT STRIKER: public works

H2014: PUBLIC WORKS CONTRACTS; PROHIBITED REQUIREMENTS 6/30 House concurred in Senate amendments and FAILED on final reading 30-29.
H2016: CHILD CARE ASSISTANCE; EDUCATION; TRAINING

The Department of Economic Security (DES) is authorized to waive a portion or the entirety of the work requirements to continue to provide supplemental child care assistance to a person who has been receiving assistance and who has enrolled full time in an accredited educational institution, remedial educational activity or employment training program leading to a vocational, technical or trade certification or an associate degree or bachelor's degree, and the educational or training program is reasonably related to employment goals. The person is required to demonstrate satisfactory progress to DES in the education or training activity. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror bill: 1387

H2016: CHILD CARE ASSISTANCE; EDUCATION; TRAINING 4/28 signed by governor. Chap. 287, Laws 2021. message
H2021: COLLEGE COURSE CREDIT; DUAL ENROLLMENT

For high school graduation requirements being fulfilled by a college course, the school board is required to award at least 0.5 of a Carnegie unit and is authorized to award up to 1 Carnegie unit for each three semester hours of credit that the student earns in an appropriate college course. High school freshmen and sophomores are permitted to enroll in dual enrollment courses for college credit. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror: 1294

H2021: COLLEGE COURSE CREDIT; DUAL ENROLLMENT 7/9 signed by governor. Chap. 414, Laws 2021. message
H2023: SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE

The Arizona Department of Education (ADE) is required to investigate written complaints alleging that a "noncertificated person" (defined as a school district or charter school employee who does not possess a teaching certificate and meets other specified requirements) has engaged in immoral or unprofessional conduct. The State Board of Education is authorized to review a complaint to determine whether to take disciplinary action against a noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting the person's employment at a school district or charter school for up to five years. Before employing a certificated or noncertificated person, school districts and charter schools are required to conduct a search of the educator information system that is maintained by ADE on the prospective employee. School districts and charter schools are prohibited from employing in a position that requires a valid fingerprint clearance card either a certificated person whose certificate has been suspended, surrendered or revoked and not subsequently reinstated, or a noncertificated person who has been prohibited from employment at a school district or charter school by the Board under this legislation. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror: 1061

H2023: SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE 2/5 signed by governor; Chap. 2, Laws 2021 message
H2024: CTEDS; INTERNSHIPS; FUNDING

A student enrolled in an internship course as part of a career technical education district (CTED) program is no longer excluded from the student count of the CTED for that course for the purposes of school funding statutes.

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

H2024: CTEDS; INTERNSHIPS; FUNDING 3/10 from Senate educ do pass.
H2026: NUCLEAR EMERGENCY MANAGEMENT; APPROPRIATIONS; ASSESSMENTS

Assesses $2.21 million in FY2021-22 and $2.27 million in FY2022-23, plus any applicable interest, against each consortium of public service corporations and municipal corporations engaged in constructing or operating a commercial nuclear generating station in Arizona. Appropriates $2.21 million in FY2021-22 and $2.27 million in FY2022-23 from the Nuclear Emergency Management Fund to the Division of Emergency Management of the Department of Emergency and Military Affairs and the Arizona Department of Agriculture in specified amounts and for specified purposes, including for distribution to departments and agencies of Maricopa County and the Town of Buckeye that are assigned responsibilities under the off-site nuclear emergency response plan. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

H2026: NUCLEAR EMERGENCY MANAGEMENT; APPROPRIATIONS; ASSESSMENTS 3/23 signed by governor; Chap. 71, Laws 2021. message
H2028: TREASURER; INVESTMENT OF TRUST FUNDS

Deletes authorization for securities owned by the permanent endowment funds to be loaned to the financial or dealer community under certain circumstances. Deletes authorization for permanent endowment securities to be sold at a price below par or cost if the proceeds of the sale are reinvested in securities whose incremental yield will recover the dollar loss. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

BT 1/19/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1216

H2028: TREASURER; INVESTMENT OF TRUST FUNDS 2/12 signed by governor. Chap. 8, Laws 2021. message
H2036: ELECTRIC COOPERATIVES; BROADBAND SERVICE; FEES

Any pole attachment agreement between an electric cooperative nonprofit membership corporation and an affiliate for broadband service that includes attachment to the cooperative's poles must specifically require the pole attachment fees charged to any unaffiliated "video service provider" or "telecommunications provider" (both defined) to be equal to the pole attachment fees charged to the affiliate where the affiliate and provider are jointly attached to the same pole. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 1137

H2036: ELECTRIC COOPERATIVES; BROADBAND SERVICE; FEES 2/5 signed by governor; Chap. 3, Laws 2021. message
H2041: GROUNDWATER REPLENISHMENT RESERVES

Modifies the calculation for groundwater replenishment reserve targets for active management areas within a multi-county water conservation district. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1446

H2041: GROUNDWATER REPLENISHMENT RESERVES 2/18 signed by governor. Chap. 21, Laws 2021. message
H2042: AQUIFER PROTECTION PERMITS; INJECTION WELLS

A class V well is no longer exempt from the underground injection control permit program if the well has an aquifer protection permit that satisfies federal underground injection control requirements for a class V well. Except for class V wells operating under underground injection control permit program rules or specified federal code, any underground injection well covered by an underground injection control permit is exempt from aquifer protection permit requirements. If a notice of appeal of a permit issued under the Arizona Pollutant Discharge Elimination System Program is filed with the Water Quality Appeals Board, those permit provisions that are being contested and those that cannot be severed from the contested provisions are automatically stayed while the appeal is pending before the Board, instead of while the appeal is pending, including during any court proceedings. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1364

H2042: AQUIFER PROTECTION PERMITS; INJECTION WELLS 2/24 signed by governor. Chap. 32, Laws 2021. message
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 ( - Dist )


 

General Comments (all lists):

Last year, PA Supported

LRR 1/19/21: support

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

H2049: EMINENT DOMAIN; EXISTING CONTRACTS 5/24 Senate COW approved with amend #4797 and flr amend #5145. FAILED Senate 12-18.
H2051: PROCUREMENT; INFORMATION DISCLOSURE; BIDDERS

During competitive sealed bidding to award state contracts, the Director of the Department of Administration is required to provide a question and answer period for bidders and interested parties to submit written questions and for the Director to provide written responses. The Director is required to provide in writing all questions and answers to all bidders and interested parties outside of the procurement process.

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

3/29/21 - Striker FDIC Premium tax credit - Supoort based on 1494 approved position

H2051: PROCUREMENT; INFORMATION DISCLOSURE; BIDDERS 4/1 from Senate appro with amend #4976.
H2056: WATER CONSERVATION NOTICE; NO FORFEITURE

Beginning on the effective date of this legislation, a person who is entitled to the use of water is authorized to file with the Department of Water Resources a water conservation plan notice. Information that must be included in the notice is listed. On filing a water conservation plan notice, the conservation of water pursuant to the plan does not constitute abandonment or forfeiture of the water conserved. A person cannot accrue long-term storage credits for any water that is conserved in a water conservation plan notice. A water conservation plan is required to designate a duration of up to 10 years, and the person filing the notice may file a subsequent notice for one or more periods of up to 10 years. Contains a legislative intent section stating that the Legislature intends that this act apply prospectively only. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1368

H2056: WATER CONSERVATION NOTICE; NO FORFEITURE 2/18 signed by governmor. Chap. 22, Laws 2021. message
H2078: GROUNDWATER; WATERLOGGED AREA EXEMPTION; DATE

The exemption from irrigation water duties for persons entitled to use groundwater under an irrigation grandfathered right is extended ten years, to December 31, 2034. The exemption from any applicable conservation requirements for the distribution of groundwater for the Arlington Canal Company, the Buckeye Water Conservation and Drainage District and the St. John's Irrigation District is extended ten years, to December 31, 2034. The Director of the Department of Water Resources is required to submit a recommendation to the Governor and the Legislature by November 15, 2031 regarding extending these exemptions. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )


 

General Comments (all lists):

Mirror 1021- support

H2078: GROUNDWATER; WATERLOGGED AREA EXEMPTION; DATE 2/5 signed by governor; Chap. 4, Laws 2021. message
H2081: ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION

The statutory life of the Arizona Department Of Agriculture is extended eight years to July 1, 2029. Retroactive to July 1, 2021. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 1448

H2081: ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION 3/23 signed by governor; Chap. 75, Laws 2021. message
H2085: REAL ESTATE; EMPLOYEES; RENT COLLECTION

A person who is not a real estate licensee is permitted to collect in-person rent for the use of real estate and related fees as part of the person's clerical duties if the person works for a real estate broker or real estate salesperson, the rent collection is on behalf of the licensee, and the person provides a receipt when rent is paid. AS SIGNED BY GOVERNOR

First sponsor: Rep. Chaplik ( - Dist )
Others: Rep. Carroll (R - Dist 22), Rep. Toma (R - Dist 22)


 

General Comments (all lists):

Supported at PA last year

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 1095

H2085: REAL ESTATE; EMPLOYEES; RENT COLLECTION 2/12 signed by governor. Chap. 10, Laws 2021. message
H2112: TRUTH IN TAXATION; PRESS RELEASES

When community college district governing boards and county flood control district governing bodies are required to issue a press release because the proposed primary property tax levy is greater than the amount levied in the preceding tax year, the press release is required to include the name of the newspaper of general circulation in which the truth in taxation notice will be published and the dates on which it will be published. The district or governing body is also required to post the press release on their official website. AS SIGNED BY GOVERNOR

First sponsor: Rep. Toma ( - Dist )


 

General Comments (all lists):

BT 1/19/21: support

PA 1-29-21: Approved SUPPORT

H2112: TRUTH IN TAXATION; PRESS RELEASES 3/24 signed by governor; Chap. 98, Laws 2021. message
H2113: CHARITABLE CONTRIBUTION; DEDUCTION; INFLATION ADJUSTMENT

For tax years beginning with 2022, the Department of Revenue is required to adjust the percentage of a taxpayer's charitable deductions that are allowed in addition to the standard deduction for personal income taxes according to the average annual change in the metropolitan Phoenix Consumer Price Index published by the U.S. Department of Labor, except that the adjusted percentage cannot exceed 100 percent. The revised percentage must be raised to the nearest whole percent and cannot be revised below the amounts prescribed in the prior taxable year.

First sponsor: Rep. Toma ( - Dist )


 

General Comments (all lists):

Supported at PA last year

BT 1/19/21: Support

PA 1-29-21: Approved SUPPORT

H2113: CHARITABLE CONTRIBUTION; DEDUCTION; INFLATION ADJUSTMENT 3/3 from Senate fin do pass.
H2119: HEALTH CARE INSURANCE; AMENDMENTS

Various changes to statutes relating to health insurance. The article of statute regulating insurance holding company systems applies to all service corporations. Statute prohibiting payment for services to persons other than the assignee applies to a service corporation. Hospital, medical, dental and optometric service corporations are no longer prohibited from influencing the subscriber in the subscriber's free choice of hospital or practitioner. Modifies reporting requirements due dates. Statute establishing requirements for premium rates and rating practices does not apply if a small employer obtains a health benefits plan that is subject to and complies with specified federal law. Modifies exemptions from utilization review activities. AS SIGNED BY GOVERNOR

First sponsor: Rep. Bolick ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 1075

H2119: HEALTH CARE INSURANCE; AMENDMENTS 2/18 signed by governmor. Chap. 24, Laws 2021. message
H2124: CTEDS; AVERAGE DAILY MEMBERSHIP

Students in an approved Career Technical Education District (CTED) centralized program, including one provided by a satellite campus, or a leased centralized program may generate an average daily membership of up to 1.75 for instruction received during any day of the week and at any time between July 1 and June 30 of each fiscal year. The Department of Education cannot restrict the instructional time by limiting the particular days of the week or time of the fiscal year for instruction to occur. CTEDs are authorized to operate for less than 180 days per year, with the equivalent number of hours of instruction. Establishes the amounts of average daily membership generated for a student enrolled in a CTED course or program, based on the number of instructional hours of enrollment. Contains a legislative intent section. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror 1302

H2124: CTEDS; AVERAGE DAILY MEMBERSHIP 7/9 signed by governor. Chap. 416, Laws 2021. message
H2143: ADOT REVISIONS

Various changes to statutes relating to the Arizona Department of Transportation (ADOT). ADOT is authorized to establish a system or process that enables ADOT to accept certificate of title brands from other states or jurisdictions and to record these brands on the appropriate vehicle records. The list of reasons for which ADOT is authorized to disclose personal information is modified to remove for bulk distribution of surveys, marketing or solicitations if ADOT has obtained the express consent of the person, and statute requiring ADOT to allow persons to opt in to the disclosure is also deleted. ADOT is prohibited from selling records with personal identifying information for a commercial purpose, with some exceptions. ADOT is required to disqualify a person from driving a commercial motor vehicle for the life of the person if the person is convicted of sex trafficking, trafficking of persons for forced labor or services or child sex trafficking, and a commercial motor vehicle was used in the commission of the offense. A towing company that is owed partial reimbursement for towing an abandoned vehicle is required to register with the state's procurement office in order to qualify for payment. ADOT is required to make three good faith attempts to contact the towing company identified as having towed an abandoned vehicle in order to facilitate payment of the partial reimbursement. If ADOT does not receive a response from or is unable to make contact with the towing company after 30 days, the payment is subject to forfeiture and reverts to the Abandoned Vehicle Administration Fund. Requirements for registered scrap metal dealers and licensed automotive recyclers to purchase a vehicle without obtaining a certificate of title are modified to require the signature of the vehicle owner, instead of the vehicle seller. The requirement for ADOT to suspend or restrict a person's driving privilege for an unpaid civil penalty if the person holds a commercial driver license is repealed. If, before the effective date of this legislation, a person's driving privilege is suspended or restricted due to failure to pay civil penalties imposed for a civil traffic violation, ADOT is required to rescind the suspension or restriction and reinstate the person's driving privilege. AS SIGNED BY GOVERNOR

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

TI 1/26/21- Support

PA 1-29-21: Approved SUPPORT

H2143: ADOT REVISIONS 5/7 signed by governor. Chap. 335, Laws 2021. message
H2160: OCCUPATIONAL SAFETY; ADVISORY COMMITTEE; ENFORCEMENT

The Director of the Division of Occupational Safety and Health within the Industrial Commission is permitted to excuse any late notification to contest a citation for a violation of occupational safety and health regulations, only if the employer to whom the notice of citation was sent shows by clear and convincing evidence that the notice was not received. Conditionally repealed if, before December 31, 2021, the federal Occupational Safety and Health Administration rejects the changes to Arizona's occupational safety and health plan. Additionally, the Occupational Safety and Health Advisory Committee is no longer required to recommend names to be considered by the Governor as members of the Industrial Commission Review Board. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kaiser ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

3-8 BT support 

H2160: OCCUPATIONAL SAFETY; ADVISORY COMMITTEE; ENFORCEMENT 3/23 signed by governor; Chap. 78, Laws 2021. message
H2179: NEW SCHOOL FACILITIES; BASE COSTS (NEW SCHOOL FACILITIES; ADDITIONAL FUNDING)

School districts are authorized to request funding from the New School Facilities Fund if the average daily membership projections indicate that additional space will be needed within the next three school years, instead of two school years, in order to meet the minimum school facility adequacy guidelines. The School Facilities Board (SFB) is authorized to modify the base cost per square foot for particular schools if the school district elected in the project capital plan to limit the project only to a scope necessary to meet the minimum school facility adequacy guidelines and the SFB determines that the cost per square foot of funding is inadequate to cover the total cost required. Requires school district capital plans that indicate a need for a new school or an addition to an existing school to indicate whether the school district intends the additional school space to be limited to meeting the minimum adequacy guidelines or whether the project will be supplemented by local funding. Also makes changes that are conditionally enacted on H2555 (SFB; DEPARTMENT OF ADMINISTRATION) becoming law, which conform statutes to the SFB being transferred to the Department of Administration as contained in H2555. AS PASSED HOUSE

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

1/25/21 EW- monitor

3/29/21 - striker - continuing high school program - support based on 1393/2405 approved position

H2179: NEW SCHOOL FACILITIES; BASE COSTS 4/1 from Senate appro with amend #4979.
H2189: COORDINATED REENTRY PLANNING SERVICES PROGRAMS

Counties are authorized to establish a coordinated reentry planning services program within a county jail for the purpose of screening and assessing persons who are booked into the jail and connecting those persons with behavioral health and substance use disorder treatment providers at the earliest possible stage in the criminal justice process. Elements that must be included in the program are specified. The county is required to establish a committee to develop the program's policies and procedures, and stakeholders that must be represented on the committee are listed. Appropriates $8 million from the general fund in FY2021-22 and $7 million from the general fund in each of FY2022-23 and FY2023-24 to the newly established Coordinated Reentry Planning Services Program Fund for the program. Appropriates $8 million from the Fund in FY2021-22 and $7 million from the Fund in each of FY2022-23 and FY2023-24 to a county with a population of up to 1.5 million persons (any county but Maricopa) to establish and operate a coordinated reentry planning services program. Each eligible county is required to receive a proportional share of the monies based on the county's population.

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

H2189: COORDINATED REENTRY PLANNING SERVICES PROGRAMS 3/17 from Senate appro do pass.
H2190: VACCINES; GOVERNMENTS; BUSINESSES (CRIMINAL JUSTICE CASE INFORMATION; REPORTING)

Beginning November 1, 2022 and every six months thereafter, the Attorney General and each county attorney from a county with a population of 200,000 persons or more is required to make a report that includes a list of specified information about felony cases charged by the respective prosecutor's office. Beginning November 1, 2022 and every six months thereafter, the Attorney General and each county attorney from a county with a population of 200,000 persons or more that prosecutes any of a list of drug-related charges is required to make a report for each applicable individual charge, including any preparatory offenses, that includes the drug type and weight in grams or pounds of the drugs involved. Beginning November 1, 2023, the Arizona Criminal Justice Commission is designated as the central collection point for criminal justice data reports, and is required to review and consolidate the data received under these requirements and perform specified calculations using the data. Beginning November 1, 2023 and every six months thereafter, the Commission is required to publish the reports on the Commission's website in an electronic format that is machine-readable, machine-searchable and readily accessible to the public. Beginning January 1, 2022, each county attorney from a county with a population of 200,000 persons or more is required to make the data included in the criminal case reports available on the county attorney’s website. Beginning January 1, 2022, each county attorney and public defender's office is required to annually publish a list of information about the office's staff on the office's website. Contains a legislative intent section. Applies to criminal justice data that is collected after the effective date of this legislation. AS PASSED HOUSE

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


 

General Comments (all lists):

Striker - Business Vaxx Bill - OPPOSE

H2190: VACCINES; GOVERNMENTS; BUSINESSES 5/20 Senate COW approved with amend #4980 and flr amend #5143. NOTE SHORT TITLE CHANGE. FAILED Senate 13-16.
H2248: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES

Declares it is the public policy of Arizona that public service corporations should pursue the use of "clean energy resources" (defined) and the reduction of carbon emissions, provided the mix of "critical electric generation resources" (defined) used by each public service corporation to meet its customers' needs is the "lowest cost method" (defined) of providing safe and reliable electricity services while taking specified factors into consideration. The clean energy and carbon emissions reduction policy of Arizona requires public service corporations to derive at least the following percentage of retail kilowatt sales from renewable energy resources by the following dates: 12percent by December 31, 2022, 13 percent by December 31, 2023, 14 percent by December 31, 2024, and 15 percent by December 31, 2025 and each year after. Does not apply to any policy, decision or rule adopted before June 30, 2020. Does not prohibit the Arizona Corporation Commission (ACC) from exercising its ratemaking or statutory authority over public service corporations. The ACC is authorized to adopt rules to ensure compliance with this legislation, and is prohibited from enforcing any policy or rule that increases or decreases the percentages of renewable energy resources specified by this legislation or that directly or indirectly regulates a public service corporation's "carbon emissions" (defined). Contains legislative findings. Retroactive to June 30, 2020. AS PASSED HOUSE.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Monitor

2-12 PA Oppose

H2248: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES 4/1 from Senate appro do pass.
H2265: RULEMAKING; EXPEDITED PROCESS; RULE EXPIRATION

A state agency that seeks to expire a rule or rules is authorized to file a notice of intent to expire with the Governor's Regulatory Review Council (GRRC). GRRC is required to place the notice on the agenda for the next scheduled meeting for consideration. If a quorum of GRRC approves the notice, GRRC is required to cause a notice of rule expiration to be prepared and provide the notice of rule expiration to the agency for filing with the Secretary of State. AS SIGNED BY GOVERNOR

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

H2265: RULEMAKING; EXPEDITED PROCESS; RULE EXPIRATION 4/6 signed by governor. Chap. 183, Laws 2021. message
H2321: 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 ( - Dist )


 

General Comments (all lists):

BT 1/19/21: monitor

3-8 BT support striker (Qualified facilities, ACA)

H2321: DOR; ADMINISTRATIVE RULINGS; PROCEDURES 3/23 signed by governor; Chap. 80, Laws 2021. message
H2392: AHCCCS; GRADUATE MEDICAL EDUCATION; REIMBURSEMENT

Beginning March 1, 2022, the Arizona Health Care Cost Containment System Administration is required to establish a separate Graduate Medical Education Program to reimburse qualifying community health centers and rural health clinics that have an approved primary care graduate medical education program. The Program is contingent on approval by the federal Centers for Medicare and Medicaid Services. The AHCCCS Administration is required to adopt rules specifying the formula by which monies appropriated for graduate medical education are distributed to qualifying community health centers and rural health clinics. Establishes reporting requirements for recipients of the funds, and requires the AHCCCS Administration to report to the Joint Legislative Budget Committee by July 1 of each year on the number of new residency positions created with the funds. AS SIGNED BY GOVERNOR

First sponsor: Rep. Osborne ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. John (R - Dist 4)


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

H2392: AHCCCS; GRADUATE MEDICAL EDUCATION; REIMBURSEMENT 3/23 signed by governor; Chap. 81, Laws 2021. message
H2397: UNEMPLOYMENT INSURANCE; FRAUD PREVENTION

On a weekly basis, the Department of Economic Security (DES) is required to use a database that provides cross-matching function for the prevention and detection of fraud to verify the integrity of Arizona's "unemployment insurance rolls" (defined), check the unemployment insurance rolls against the State Department of Corrections list of incarcerated individuals to verify eligibility and ensure program integrity, and to check "new hire records" (defined) against the national directory of new hires to verify eligibility. DES is authorized to execute a memorandum of understanding with any department, agency or division for information required to be shared between agencies to meet these requirements. If DES receives information concerning an individual enrolled in the unemployment insurance program that indicates a change in circumstances that may affect eligibility, DES is required to review the individual's case. DES is required to annually report to the Governor and the Legislature on the implementation and enforcement of this legislation, and information that must be included in the report is specified. Effective January 1, 2022. AS PASSED HOUSE

First sponsor: Rep. Cobb ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

H2397: UNEMPLOYMENT INSURANCE; FRAUD PREVENTION 3/23 from Senate rules okay.
H2427: SCHOOLS; OPEN ENROLLMENT; ATTENDANCE BOUNDARIES (UNUSED TAX CREDIT; TERMINATION; TIME)

The Department of Revenue is required to terminate the recognition and servicing of an individual or corporate income tax credit that was not claimed by or allowed to any individual or corporate taxpayer after three consecutive years of no use, decreased from four consecutive years. For this purpose, unused credits carried forward from prior years are not considered claimed or allowed in the year the credit carried forward is used. If the credit included for repeal in the tax corrections legislation has unused credits carried forward from prior years, the tax corrections legislation must include a savings clause to allow for the continued use of the carried forward amounts for the remainder of the carry forward period.

First sponsor: Rep. Bolick ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Grantham (R - Dist 12), Rep. Toma (R - Dist 22)


 

General Comments (all lists):

Supportvia mirror 1113

PA 1-29-21: Approved SUPPORT

Mirrror 1113

H2427: SCHOOLS; OPEN ENROLLMENT; ATTENDANCE BOUNDARIES 4/22 Senate COW approved with amend #4940 and flr amend #5071. NOTE SHORT TITLE CHANGE.
H2441: WATER; SUBSTITUTE ACREAGE

A person who owns acres of land that may be irrigated lawfully is authorized to permanently retire those acres from irrigation and substitute for those acres the same number of acres in the same contiguous farming unit if the owner demonstrates to the Department of Water Resources that the legally irrigated acres were damaged by "floodwaters" after being irrigated and that it is not economically feasible to restore the flood damaged acres to irrigation use. A person who owns contiguous acres of land that may be irrigated lawfully is authorized to permanently retire a portion of those acres from irrigation and substitute for the retired acres the same number of acres within the same "farm unit" (defined) under common ownership, if all of a list of specified conditions apply, including that a "limiting condition" (defined) associated with the acres to be retired from irrigation substantially impedes the implementation of efficient irrigation practices on the legally irrigated acres. Does not affect the person's existing or vested rights to the use of water. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2441: WATER; SUBSTITUTE ACREAGE 3/23 signed by governor; Chap. 85, Laws 2021. message
H2545: CONTRACTOR LICENSE NUMBERS; ADVERTISING; EXCEPTION

A contractor's license number is required to be placed on all broadcast, internet or billboard advertising unless the advertising includes a website's uniform resource locator that directly links to a website that prominently displays the licensee's name and license number. AS SIGNED BY GOVERNOR

First sponsor: Rep. Wilmeth ( - Dist )


 

General Comments (all lists):

Support based on mirror 1064

H2545: CONTRACTOR LICENSE NUMBERS; ADVERTISING; EXCEPTION 3/24 signed by governor; Chap. 114, Laws 2021. message
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 ( - Dist )
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):

1/25/21 EW- oppose

PA 1-29-21: Approved OPPOSE

Mirror 1585

H2551: MISCONDUCT INVOLVING WEAPONS; PUBLIC PLACES 3/22 from Senate jud do pass.
H2633: HOME HEALTH CARE SERVICES (NURSING SHORTAGE; WORKFORCE PREPARATION; PLAN)

An "allowed practitioner" (defined as a certified nurse practitioner, certified clinical nurse specialist or certified physician assistant) is authorized to order home health services for a member of the Arizona Long-Term Care System (ALTCS). AS SIGNED BY GOVERNOR

First sponsor: Rep. Shah ( - Dist )
Others: Rep. Cobb (R - Dist 5), Rep. Jermaine (D - Dist 18)


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

H2633: HOME HEALTH CARE SERVICES 4/20 signed by governor. Chap. 265, Laws 2021. message
H2649: COMPUTER DATA CENTERS; TAX INCENTIVES

The deadline for the Arizona Commerce Authority to certify new computer data centers for tax relief for computer data centers is extended ten years, to December 31, 2033. The minimum investment of $100 million in new renewable energy facilities in Arizona that a taxpayer must make in order to qualify for the tax credit for renewable energy investment may include investments made by a third-party entity on behalf of or for the direct benefit of the taxpayer. For taxpayers using investments made by third-party entities on behalf of or for the direct benefit of the taxpayer, the investment threshold is $1.5 billion, instead of $1.25 billion. A third-party entity cannot include the owner or operator of the international operations center or affiliated entities. The exemption from the retail classification of transaction privilege taxes (TPT) for computer data equipment sold to the owner, operator or qualified colocation tenant of a computer data center for use in the qualified computer data center is deleted and replaced with a deduction from the tax base of the retail classification of TPT for such computer data equipment. Session law requires any claim for refund of TPT based on the retroactive application of this change to be submitted to the Department of Revenue by December 31, 2021. The aggregate refund amount is capped at $10,000. Interest is not allowed and may not be compounded on any refundable amount of these claims if paid before July 1, 2022. Contains a legislative intent section. Retroactive to tax periods beginning September 13, 2013. Nonseverability clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Toma ( - Dist )
Others: Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Osborne (R - Dist 13)


 

General Comments (all lists):

2-8 BT recommends Support

2-12 PA Support

H2649: COMPUTER DATA CENTERS; TAX INCENTIVES 4/20 signed by governor. Chap. 266, Laws 2021. message
H2677: AGRICULTURAL MANAGEMENT PRACTICES; GENERAL PERMIT

Fugitive PM-10 emissions from regulated agricultural activities that are subject to an agricultural general permit are not subject to an air pollution control permit, except that if the fugitive PM-10 emissions are from regulated agricultural activities at a stationary source that is otherwise required to obtain an air pollution control permit, the air pollution control permit must ensure compliance with federal, state and county regulations approved as a part of the state implementation plan. A person for whom an agricultural general permit has been revoked is required to obtain an air pollution control permit that includes enforceable conditions that impose best management practices on fugitive PM-10 emissions from regulated agricultural activities. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2677: AGRICULTURAL MANAGEMENT PRACTICES; GENERAL PERMIT 3/26 signed by governor; Chap. 134, Laws 2021. message
H2691: ADEQ; WATER QUALITY PROGRAMS; WOTUS (TECH CORRECTION; GROUNDWATER PERMITS)

The term “waters of the United States” or “WOTUS” replaces the term “navigable water” in various statutes in order to conform to changes in the federal Clean Water Act. The Arizona Department of Environmental Quality (ADEQ) is required to adopt rules for water quality standards for non-WOTUS protected surface waters by December 31, 2022, and requirements for the rules are specified. ADEQ is required to maintain and publish a protected surface waters list, and to adopt the list by rule no later than December 31, 2022. Waters that ADEQ must include and waters that ADEQ is prohibited from including on the protected surface waters list are specified. By December 31, 2022 and at least once every five years after, ADEQ is required to prepare a list of impaired non-WOTUS protected surface waters. Establishes special provisions for discharges to non-WOTUS protected surface waters. Requires ADEQ to adopt rules for best management practices for activities within non-WOTUS. AS SIGNED BY GOVERNOR

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

Striker - DEQ Water Quality Programs

2-8 AEW Support striker

2-12 PA Support

H2691: ADEQ; WATER QUALITY PROGRAMS; WOTUS 5/5 signed by governor. Chap. 325, Laws 2021. message
H2778: STREAM ADJUDICATIONS; COOPERATIVE EXTENSION; APPROPRIATION

A university under the jurisdiction of the Arizona Board of Regents is authorized to offer pro bono assistance to claimants who are small land owners in the general stream adjudication of water rights who are not represented by counsel. Any university that offers such assistance is required to cooperate and coordinate with the faculty of a cooperative extension in Arizona that has a program to support the economic vitality of rural communities and the use of natural resources in those communities. By November 15 of each year, a university that offers such assistance is required to submit a written report of assistance activities to the Governor and the Legislature. Appropriates $500,000 from the general fund in FY2021-22 to the University of Arizona for distribution to the natural resource users law and policy center within the Arizona cooperative extension to assist claimants in the general stream adjudication of water rights. AS PASSED HOUSE

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


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

H2778: STREAM ADJUDICATIONS; COOPERATIVE EXTENSION; APPROPRIATION 3/17 from Senate appro do pass.
H2813: AUTONOMOUS VEHICLES

Establishes a new chapter in Title 28 (Transportation) regulating autonomous vehicles. Except as otherwise provided, the operation of autonomous vehicles with or without a human driver is subject to all applicable federal and state laws. A person is allowed to operate an autonomous vehicle with the automated driving system engaged on public roads in Arizona with a licensed human driver who is able to resume part or all of the dynamic driving task or respond to a request to intervene. A fully autonomous vehicle is authorized to operate on public roads without a human driver only if a person submits both a law enforcement interaction plan to the Arizona Department of Transportation (ADOT) and the Department of Public Safety (DPS) that is consistent with and addresses all of the elements in the law enforcement protocol that was issued by DPS in 2018, and a written statement to ADOT acknowledging that a list of specified requirements for the equipment and functioning of the fully autonomous vehicle are met. When engaged, the automated driving system is considered the driver or operator of the autonomous vehicle for the purpose of assessing compliance with applicable traffic or motor vehicle laws. DPS is required to maintain a law enforcement protocol for fully autonomous vehicles, and provisions that must be included in the protocol are specified. Counties and municipalities are prohibited from imposing taxes and fees on automated driving systems or autonomous vehicles. A traffic or motor vehicle law cannot prohibit the operation of an autonomous vehicle or require a human driver to operate a fully autonomous vehicle with the automated driving system engaged, if the fully autonomous vehicle is operated in compliance with this legislation. Establishes requirements for a fully autonomous vehicle operating without a human driver that is involved in an accident resulting in damage to a vehicle, or injury or death. The parent or other adult accompanying a passenger under 16 years of age may be issued a citation for a violation of seatbelt or child restraint requirements that occurs in a fully autonomous vehicle operating with the automated driving system engaged. Fully autonomous vehicles that are incapable of operation by a human driver are exempt from various vehicle equipment requirements. More. AS SIGNED BY GOVERNOR

First sponsor: Rep. Weninger ( - Dist )
Others: Rep. Carroll (R - Dist 22), Rep. Espinoza (D - Dist 19), Rep. Meza (D - Dist 30)


 

General Comments (all lists):

2-12 PA Support

H2813: AUTONOMOUS VEHICLES 3/24 signed by governor; Chap. 117, Laws 2021. message
H2832: TEACHERS ACADEMY; REVISIONS

Makes changes relating to the Arizona Teachers Academy. If an Academy student enrolls in a summer term, that term cannot be included in the calculation of the student's postgraduation public service commitment. Also blends multiple enactments. Retroactive to January 1, 2021. 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. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )


 

General Comments (all lists):

EW 2-22: Support

PA 2-26: Support

H2832: TEACHERS ACADEMY; REVISIONS 3/8 signed by governor. Chap. 43, Laws 2021. message
H2862: SCHOOLS; INSTRUCTIONAL TIME MODELS

School district governing boards and charter school governing bodies (school boards) are authorized to adopt any instructional time models to meet the minimum annual instructional time and instructional hours requirements of statute for determining average daily membership, daily attendance, student count, and any other purpose relating to instructional time or instructional hours. Students must receive the minimum instructional time or instructional hours. School districts and charter schools are authorized to deliver instructional time or instructional hours to students through any combination of direct instruction, project-based learning, and independent learning time, and may include any combination of in-person instruction and remote instruction, subject to a list of conditions. School districts and charter schools are authorized to stagger learning times and schedules and may offer courses and other instructional time options on the weekend or in the evenings. AS SIGNED BY GOVERNOR

First sponsor: Rep. Udall ( - Dist )
Others: Sen. Boyer (R - Dist 20)


 

General Comments (all lists):

EW 2-22: Monitor until amend then support

PA - Support

H2862: SCHOOLS; INSTRUCTIONAL TIME MODELS 4/28 signed by governor. Chap. 299, Laws 2021. message
HCR2001: INITIATIVES; SINGLE SUBJECT; TITLE

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to require every initiative measure to cover only a single subject that is expressed in the title. AS SENT TO SECRETARY OF STATE

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

HCR2001: INITIATIVES; SINGLE SUBJECT; TITLE 6/29 Senate COW approved. Passed Senate 16-14; to election ballot.
S1012: COMMUNITY COLLEGES; LEASE-PURCHASE AGREEMENTS; INDEBTEDNESS

The maximum period of time a community college district board may enter into a lease-purchase agreement is increased to 20 years, from 15 years. The amount of outstanding indebtedness due to acquiring real property by lease-purchase for community college districts in counties with a population of 750,000 persons or more (Maricopa and Pima Counties) is increased to $25 million in any one year and $50 million in the aggregate, from $2.5 million in any one year and $15 million in the aggregate. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror 2432

S1012: COMMUNITY COLLEGES; LEASE-PURCHASE AGREEMENTS; INDEBTEDNESS 2/26 signed by governor. Chap. 38, Laws 2021. message
S1042: WORKERS' COMPENSATION; SETTINGS; DEFINITION (WORKERS' COMPENSATION; FEE SCHEDULE; SETTINGS)

For the purpose of statute allowing the Industrial Commission to include separate reimbursement guidelines for medications dispensed in settings that are not accessible to the general public, "settings that are not accessible to the general public" does not include mail order pharmacies delivering pharmaceutical services to workers' compensation claimants, if specified conditions are met. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Livingston ( - Dist )
Others: Sen. Fann (R - Dist 1)


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

S1042: WORKERS' COMPENSATION; SETTINGS; DEFINITION 4/9 signed by governor. Chap. 204, Laws 2021. message
S1049: INSURANCE; OMNIBUS

Makes various changes to statutes relating to insurance. Expands applicability of statute regulating electronic communications and records of insurance to include disability, marine and transportation, surety, prepaid legal, prepaid dental, title, identity theft, disability, workers' compensation, and annuities that are subject to Title 20 (Insurance). The list of persons exempt from the requirement to obtain a license as an insurance producer is expanded to include a person whose activities in Arizona are limited to providing a website or other electronic platform for insurers and a person that processes payments or charges for insurance premiums if that person does not sell, solicit or negotiate insurance. A "federal home loan bank" (defined) cannot be stayed, enjoined or prohibited from exercising or enforcing any right or cause of action against collateral pledged by an insurer member under any federal home loan bank security agreement or other similar arrangement relating to a security agreement to which that federal home loan bank is a party. Service contracts are required to disclose whether the contracts cover or exclude preexisting conditions. Service contracts can exclude preexisting conditions only if the conditions were either known or would have been known by visually inspecting, operating, or testing the covered property. AS SIGNED BY GOVERNOR

First sponsor: Sen. Livingston ( - Dist )


 

General Comments (all lists):

1/25/21 IH- support

PA 1-29-21: Approved SUPPORT

Mirror 2044

S1049: INSURANCE; OMNIBUS 2/9 signed by governor. Chap. 5, Laws 2021. message
S1064: EARNED RELEASE; CREDITS; PRISONERS (CONTRACTOR LICENSE NUMBERS; ADVERTISING; EXCEPTION)

Modifies the earned release credits for prisoners who are in the eligible earned release credit class, to 1 day for every 6 days served, instead of 3 days for every 7 days served if other specified requirements are met. For prisoners sentenced for drug offenses, except for a conviction that involves the sale of any substance to a minor, and who are not serving a sentence for an “excluded offense” (defined as a list of offenses including a serious offense, a violent or aggravated felony, a dangerous crime against children, trafficking of persons, sexual extortion, unlawful sexual conduct, sexual abuse, human smuggling, and aggravated domestic violence), an additional credit is added of 5 days for every 6 days served if the prisoner completes a substance abuse treatment program or participates in a work program or occupational licensure program. Prisoners that are not eligible for the additional credit of 5 days for every 6 days served and who meet other specified requirements are eligible for an additional earned release credit of 2 days for every 6 days served. Authorizes prisoners whose release credits are forfeited and who meet specified requirements to apply for restoration of the forfeited credits. The Arizona Department of Corrections (ADC) is required to perform an assessment for each prisoner within 15 days after the prisoner’s admission that develops a case plan for the prisoner and assigns the prisoner to programming that meets the prisoner’s assessed needs. By December 1, 2024, ADC is required to expand the type, number and availability of “programs” and “programming” (both defined) so that all prisoners have meaningful and reasonably timely access. By December 1, 2022, ADC is required to expand the type, number and availability of programs and programming so that all prisoners who are eligible to earn earned release credits have meaningful and reasonably timely access. Beginning December 1, 2022, the Auditor General is required to prepare and submit an annual audit of ADC programming to the Governor, the Legislature, and the Joint Legislative Audit Committee Director. Information that must be included in the audit is listed. 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. Modifies reporting requirements for the earned release credit program. Contains a legislative intent section. Applies to prisoners who are serving a term of imprisonment in the State Department of Corrections for a drug offense on or after the effective date of this section. AS PASSED HOUSE

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2545

S1064: EARNED RELEASE; CREDITS; PRISONERS 6/28 House COW approved with amend #4968 and flr amend #5234. NOTE SHORT TITLE CHANGE. Passed House 50-8; returned to Senate for concurrence in House amendments.
S1096: APPROPRIATION; AHCCCS; CHIP (COMMERCIAL DRIVER LICENSES; THIRD PARTIES)

Makes a supplemental appropriation of $27.18 million from the Children's Health Insurance Program Fund and $3.01 billion in expenditure authority in FY2020-21 to the Arizona Health Care Cost Containment System (AHCCCS) Administration for adjustments in funding formula requirements and the implementation of Laws 2020, Chapter 46, which required the Director of the AHCCCS Administration to establish and collect an assessment on hospital revenues, discharges or bed days with respect to inpatient and/or outpatient services. AS SIGNED BY GOVERNOR

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

TI 1/26/21- Monitor

PA 2-26: Support striker: AHCCCCS Expenditure Authority

S1096: APPROPRIATION; AHCCCS; CHIP 3/18 signed by governor. Chap. 64, Laws 2021. message
S1105: BALLOT MEASURES; 200-WORD DESCRIPTION

The description of an initiative or referendum measure that is printed on the petition circulated to the voters may be up to 200 words, increased from 100 words. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

S1105: BALLOT MEASURES; 200-WORD DESCRIPTION 5/7 signed by governor. Chap. 345, Laws 2021. message
S1113: UNUSED TAX CREDIT; TERMINATION; TIME

The Department of Revenue is required to terminate the recognition and servicing of an individual or corporate income tax credit that was not claimed by or allowed to any individual or corporate taxpayer after three consecutive years of no use, decreased from four consecutive years. For this purpose, unused credits carried forward from prior years are not considered claimed or allowed in the year the credit carried forward is used. If the credit included for repeal in the tax corrections legislation has unused credits carried forward from prior years, the tax corrections legislation must include a savings clause to allow for the continued use of the carried forward amounts for the remainder of the carry forward period. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

BT 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2427

S1113: UNUSED TAX CREDIT; TERMINATION; TIME 4/5 signed by governor. Chap. 174, Laws 2021. message
S1124: CONTRIBUTIONS IN AID OF CONSTRUCTION

Establishes the affordable housing corporate and individual income tax credit for “qualified projects” (defined) in Arizona that qualify for the federal low-income housing tax credit that are placed in service from and after June 30, 2022, in an amount equal to at least 50 percent of the amount of the federal credit. The Department of Revenue is required to allocate a total of $4 million of tax credits in a calendar year. The credit self-repeals January 1, 2026. Establishes an income tax credit and an insurance premium tax credit of at least 50 percent of the amount of the federal low-income housing credit for a qualified project for which the Arizona Department of Housing has issued an eligibility statement. Establishes requirements to claim the credit. If the amount of the credit exceeds taxes due, the unused amount may be carried forward for up to five consecutive tax years. The credit self-repeals January 1, 2026. The deadline for the Arizona Commerce Authority to authorize tax credits for capital investment in a qualified small business is extended ten years to June 30, 2031. From July 1, 2021 through June 30, 2031, the Authority is authorized to certify additional tax credits not exceeding $2.5 million each fiscal year, plus any unused credit capacity that carries over from the preceding fiscal year(s). The income tax credit for investment in qualified small business is extended ten years through tax year 2034. Also, for a single community college with a full-time student equivalent enrollment of at least 500 students for FY2019-20, in lieu of the distribution of state shared revenues for tribal postsecondary educational institutions, the State Treasurer is required to transmit $3.5 million of transaction privilege tax revenues from all sources located on the reservation in FY2020-21. Retroactive to tax years beginning with 2021, the list of subtractions from Arizona gross income for the purpose of computing Arizona taxable income for a corporation is expanded to include the amount of monies or property received as a "contribution in aid of construction" (defined) by a public service corporation operating a water or sewage disposal facility. AS SIGNED BY GOVERNOR

First sponsor: Sen. Gowan ( - Dist )


 

General Comments (all lists):

BT 1/19/21: monitor

Support striker: angel investment and affordable housing tax credit

S1124: CONTRIBUTIONS IN AID OF CONSTRUCTION 7/9 signed by governor. Chap. 430, Laws 2021. message
S1139: CLASSROOM SITE FUND; DISTRIBUTION

Modifies the purposes for which monies from the Classroom Site Fund must be spent to add "student support services" (defined) and to specify that teacher compensation must include a base pay and a performance pay component. Deletes the requirement for school districts and charter schools to allocate 40 percent of the monies received from the Classroom Site Fund for teacher compensation increases based on performance and employment related expenses, 20 percent of the monies for teacher base salary increases and employment related expenses, and 40 percent of the monies for maintenance and operation purposes. The performance based compensation system adopted by school district governing boards is no longer required to have individual teacher performance account for 33 percent of the 40 percent allocation for teacher compensation. AS SIGNED BY GOVERNOR

First sponsor: Sen. Boyer ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

S1139: CLASSROOM SITE FUND; DISTRIBUTION 3/18 signed by governor. Chap. 67, Laws 2021. message
S1147: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS

The Arizona Water Banking Authority is authorized to distribute long-term water storage credits to Central Arizona Water Conservation District's (CAWCD) municipal and industrial subcontractors. Long-term water storage credits that are distributed to a CAWCD municipal and industrial subcontractor cannot be sold, and the subcontractor is responsible for all fees assessed by the Authority or the Department of Water Resources for the distribution of the long-term storage credits and all costs of recovery of the long-term storage credits. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2074

S1147: WATER BANKING; STORAGE CREDITS; SUBCONTRACTORS 4/14 signed by governor. Chap. 227, Laws 2021. message
S1149: OCCUPATIONAL AND PROFESSIONAL LICENSURE; NOTICE

A regulating entity under Title 32 (Professions and Occupations) is required to prominently print a specified notice regarding reciprocity on all license and certificate applications and regulating entity websites. AS SIGNED BY GOVERNOR

First sponsor: Sen. Petersen ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2243

S1149: OCCUPATIONAL AND PROFESSIONAL LICENSURE; NOTICE 2/12 signed by governor. Chap. 16, Laws 2021. message
S1167: UNLAWFUL FOOD OR DRINK CONTAMINATION

It is a class 2 (mid-level) misdemeanor to intentionally introduce, add or mingle any bodily fluid or foreign object not intended for human consumption with any water, food, drink or other product intended for consumption by a human being, except that if a human being consumes the contaminated product or the damage caused by the contamination is at least $1,000, the criminal classification is increased to a class 1 (highest) misdemeanor. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )
Others: Sen. Kerr (R - Dist 13)


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2335

S1167: UNLAWFUL FOOD OR DRINK CONTAMINATION 2/18 signed by governmor. Chap. 30, Laws 2021. message
S1177: FOREST PRODUCTS; PROCESSING; TAX CREDIT

Establishes an individual and corporate income tax credit for taxpayers with a current healthy forest enterprise incentive certification and memorandum of understanding with the Arizona Commerce Authority that "process" "qualifying forest products" (both defined) between January 1, 2022 and December 31, 2032 at a facility located in Arizona. The amount of the credit is up to $10,000 for the first 20,000 tons and $5,000 for every 10,000 tons after of qualifying forest products the taxpayer processes in the calendar year, not to exceed $500,000 per taxpayer. The aggregate amount of tax credits in a calendar year is capped at $2 million. If the allowable credit exceeds taxes due, the unclaimed amount of the credit may be carried forward for up to five consecutive tax years. Other requirements to qualify for the tax credit and an application process are established. Applies to tax years beginning with 2022. AS PASSED SENATE

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Sen. Livingston (R - Dist 22), Sen. Rogers (R - Dist 6), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2247

S1177: FOREST PRODUCTS; PROCESSING; TAX CREDIT 3/10 from House nat res-energy-water do pass.
S1179: CTEDS; FOURTH-YEAR FUNDING

Students in 9th grade and students in the school year immediately following graduation who are enrolled in courses that are approved jointly by the governing board of the Career Technical Education District (CTED) and each participating school district or charter school may be included in a CTED's calculation of student count or average daily membership. Funding cannot be provided for more than four years for the same student. Funding for students in grade 9 is provided only if the student reaches the 40th day of grade 10, and at that time funding is provided for that student for grade 9 and for any subsequent year in which the student is eligible for funding. By September 1 of each year, the Office of Economic Opportunity in collaboration with the Department of Education is required to compile an in-demand regional education list of the approved career technical education programs that lead directly to a career path in high demand with median-to-high-wage jobs in that region. The Office is required to submit the in-demand regional education list to the Arizona Career and Technical Education Quality Commission for review and approval. For a student in grade 9 or in the school year immediately following graduation, funding is provided to the CTED only if the student is enrolled in a program that was included on the in-demand regional education list for that student's region for the year in which the student began the program. Session law provides that for FY2021-22 through FY2024-25, a student participating in an approved CTED program included on the in-demand regional education list on the date the list is compiled qualifies for funding in the year immediately following graduation.

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror 2123

S1179: CTEDS; FOURTH-YEAR FUNDING 3/3 from House educ do pass.
S1230: LIMITED LIABILITY COMPANIES

Modifies limited liability company (LLC) processes and requirements relating to member dissociation, operating agreements and LLC dissolution. Updates various references to statutes to reflect the repeal of the previous Limited Liability Company Act, which occurred on September 1, 2020, and the enactment of a new Limited Liability Company Act, which became effective on September 1, 2019. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

S1230: LIMITED LIABILITY COMPANIES 5/3 signed by governor. Chap. 309, Laws 2021. message
S1274: ASSURED WATER SUPPLY; SUBDIVISIONS

In the Pinal Active Management Area, for an application to modify a designation of assured water supply, if specified conditions apply to the volume of groundwater and stored water, the Department of Water Resources (DWR) is prohibited from reviewing the physical availability of groundwater and stored water to be recovered outside of the area of impact of storage sought to be included in the designation. Does not affect the DWR review of assured water supply criteria other than the physical availability of groundwater and stored water to be recovered outside the area of impact of storage. The following are deemed physically available for purposes of an assured water supply designation: stored water that is to be recovered by the applicant within the "area of impact of storage" (defined) under existing long-term storage credits pledged to the designation, and stored water that is to be recovered by the applicant within the area of impact of storage either on an annual basis or as long-term storage credits to be earned in the future if the water to be stored meets the physical availability requirements for the water supply. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

Support via mirror

PA 1-29-21: Approved SUPPORT

Support via mirror 2336/2687

2-12 PA Support

S1274: ASSURED WATER SUPPLY; SUBDIVISIONS 2/12 signed by governor. Chap. 17, Laws 2021. message
S1280: TAX CREDIT REVIEW; EVALUATION STANDARD

The list of factors the Joint Legislative Income Tax Credit Review Committee may include in the standard for evaluating and measuring the success or failure of a tax credit is expanded to include whether adequate protections are in place to ensure that the fiscal impact of the credit in future years will not substantially increase beyond projections available when the credit is evaluated.

First sponsor: Sen. Gray ( - Dist )


 

General Comments (all lists):

2-8-21 BT monitor

3-23 - school transpoation striker - support based on approved SB 1683 position

S1280: TAX CREDIT REVIEW; EVALUATION STANDARD 3/25 from House ways-means with amend #4932.
S1295: ADVANCED PLACEMENT COURSES; EXAMS; APPROPRIATIONS

Establishes the Advanced Placement Course Access, Participation and Success Program within the Arizona Department of Education (ADE) to expand and enhance access to, participation in and student success in advanced placement courses and advanced placement exams. Establishes the Advanced Placement Exam Fee Waiver Program to eliminate or reduce the advanced placement exam fee costs for all students enrolled in public schools in Arizona who have a family income that does not exceed 185 percent of the federal poverty guidelines or otherwise meet the eligibility guidelines as set by ADE. ADE is required to submit a report containing specified information on these programs to the Governor and the Legislature by August 15 of each year. The programs terminate on July 1, 2031. Appropriates $1.5 million from the general fund in FY2021-22 to the newly established Advanced Placement Course Access, Participation and Success Program Fund and $1.2 million from the general fund in FY2021-22 to the newly established Advanced Placement Exam Fee Waiver Program Fund. AS PASSED SENATE

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

S1295: ADVANCED PLACEMENT COURSES; EXAMS; APPROPRIATIONS 3/10 from House appro do pass.
S1297: INCOME TAX FILING EXTENSION; 2020 (INSURANCE; OPTOMETRISTS; CONTRACTS; COVERED SERVICES)

For tax year 2020, individual tax returns and individual income taxes owed are due on or before May 17, 2021, instead of April 15, 2021. A contribution to a qualifying charitable organization, contribution to a school tuition organization, contribution to a public school, or contribution to a certified school tuition organization that is made on or before May 17, 2021 may be applied to either than 2020 taxable year or the 2021 taxable year. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 IH- monitor

3/23/21 - tax extension striker - SUPPORT

S1297: INCOME TAX FILING EXTENSION; 2020 4/5 signed by governor. Chap. 177, Laws 2021. message
S1308: POSTSECONDARY BOARD; TUITION RECOVERY FUND (CTEDS; NONPROFITS; POSTSECONDARY INSTITUTIONS; AGREEMENTS)

Caps the aggregate annual assessment for the Student Tuition Recovery Fund that private postsecondary education institutions that collect prepaid tuition are required to pay to the State Board for Private Postsecondary Education for newly enrolled students at $25,000 per annual assessment period. Students that reenroll after an absence from the institution of one or more years are removed from the definition of "newly enrolled student" for the purpose of the assessment. Institutions accredited by a regional or specialized accrediting agency are no longer exempt from the assessment. Retroactive to January 1, 2020. 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. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

Mirror 2061

S1308: POSTSECONDARY BOARD; TUITION RECOVERY FUND 4/16 signed by governor. Chap. 242, Laws 2021. message
S1350: INCOME TAX; RETURNS; FILING EXTENSION

The due date for an income tax return for a taxpayer filing a corporate or exempt organization return that has been granted an extension or extensions is seven months after the initial due date provided for filing returns. Does not include small business corporation returns. Retroactive to tax years beginning with 2021. AS SIGNED BY GOVERNOR

First sponsor: Sen. Leach ( - Dist )


 

General Comments (all lists):

Support based on mirror 2114

S1350: INCOME TAX; RETURNS; FILING EXTENSION 4/5 signed by governor. Chap. 178, Laws 2021. message
S1356: PHARMACY BENEFIT MANAGERS; PROHIBITED FEES

A pharmacy benefit manager is prohibited from directly or indirectly, on behalf of itself, a plan sponsor or an insurer, charging or holding a pharmacist or pharmacy responsible for a fee for any step of or component or mechanism related to the claims adjudication process. A pharmacy is authorized to submit a complaint of a violation of this prohibition to the Director of the Department of Insurance and Financial Institutions, and the Director is required to investigate the complaint. Establishes penalties for violations. Applies to contracts entered into, amended, extended or renewed after the effective date of this legislation. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

IH 2-22: Oppose

PA 2-26: Oppose

S1356: PHARMACY BENEFIT MANAGERS; PROHIBITED FEES 4/9 signed by governor. Chap. 217, Laws 2021. message
S1366: REMEDIATED GROUNDWATER USE; EXTENSION (REMEDIATED WATER; GROUNDWATER; USE)

A declaration that the use of up to an aggregate of 65,000 acre-feet of groundwater withdrawn within all AMAs according to approved remedial action projects must be considered consistent with the management goal for the AMA, and providing for specified amounts in excess of that aggregate limit to be included in the consideration applies to each calendar year until 2050, extended 25 years from 2025. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

S1366: REMEDIATED GROUNDWATER USE; EXTENSION 4/20 signed by governor. Chap. 272, Laws 2021. message
S1370: ENVIRONMENTAL QUALITY; PROGRAM TERMINATIONS; REPEAL

Repeals the statutory termination dates of July 1, 2022 for the Vehicle Emissions Inspection Program and the Oil and Gas Conservation Commission. Retroactive to July 1, 2020, repeals the statutory termination dates of July 1, 2020 for the Voluntary Remediation Program and the article of statute governing total maximum daily loads. Retroactive to July 1, 2020, establishes the Water Monitoring Assistance Program in the Department of Environmental Quality in the same manner it existed in statute prior to being repealed on July 1, 2020. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

2-8 AEW Support

2-12 PA Support

S1370: ENVIRONMENTAL QUALITY; PROGRAM TERMINATIONS; REPEAL 3/18 signed by governor. Chap. 69, Laws 2021. message
S1373: 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 ( - Dist )


 

General Comments (all lists):

IH 2-22: Oppose

PA 2-26: Oppose

S1373: HEALTH FACILITIES; DUTY OF CARE 5/4 signed by governor. Chap. 314, Laws 2021. message
S1377: 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 ( - Dist )
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):

Support

S1377: CIVIL LIABILITY; PUBLIC HEALTH PANDEMIC 4/5 signed by governor. Chap. 179, Laws 2021. message
S1411: UNEMPLOYMENT INSURANCE (TECH CORRECTION; MILITARY AFFAIRS)

Beginning on either the effective date of this legislation or the date that the federal unemployment insurance benefit programs established under the Coronavirus Aid, Relief, and Economic Security Act and extended by the American Rescue Plan Act or any subsequent federal legislation expire, whichever is later, and before July 1 following the date that the Department of Economic Security (DES) determines that Arizona meets the federal criteria to receive an interest-free unemployment insurance loan from the federal government, the maximum weekly unemployment benefit amount is increased to $320, from $240. Beginning July 1 following the date that DES determines that Arizona meets the federal criteria to receive an interest-free unemployment insurance loan from the federal government, the maximum weekly unemployment benefit amount is increased to $400. Increases the state unemployment tax taxable wage limit to $8,000 in 2022 and after, from $7,000. Effective January 1, 2022, the maximum number of weeks an individual may receive unemployment benefits is reduced to 22 weeks if Arizona’s unemployment rate in the prior calendar quarter is at least 4.25 percent but less than 6 percent, and to 20 weeks if Arizona’s unemployment rate in the prior calendar quarter is less than 4.25 percent, from 26 weeks, unless the Governor has declared a state of emergency and other specified conditions apply. DES is required to obtain current employment and income information from external data sources as part of the employment and income verification process to determine an individual’s eligibility for unemployment benefits. By December 31 of each year, DES is required to submit a report to the Governor and the Legislature on unemployment insurance fraud. AS PASSED SENATE

First sponsor: Sen. Fann ( - Dist )


 

General Comments (all lists):

UI Striker - Fann

EW 2-22: Neutral 

PA 2-26: Neutral w/ concerns

S1411: UNEMPLOYMENT INSURANCE 3/31 from House appro with amend #4972.
S1448: AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES (ARIZONA DEPARTMENT OF AGRICULTURE; CONTINUATION)

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 ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

Support based on mirror 2081

Support S/E AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES

based on HB 2372

S1448: AGRICULTURAL OPERATIONS; NUISANCE; COSTS; DAMAGES 4/9 signed by governor. Chap. 218, Laws 2021. message
S1497: BALLOT MEASURES; PROPOSITION 105; DISCLOSURE

For ballot propositions that make statutory changes, a statement that the measure “cannot be changed in the future if approved on the ballot except by a 3/4 vote of the members of each house of the Legislature and if the change furthers the purpose of the original ballot measure, by an initiative petition or by referring the change to the ballot" must be printed on the ballot and included in the publicity pamphlet printed by the Secretary of State. Severability clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Ugenti-Rita ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

S1497: BALLOT MEASURES; PROPOSITION 105; DISCLOSURE 4/14 signed by governor. Chap. 231, Laws 2021. message
S1572: SCHOOLS; EARLY LITERACY

Beginning August 1, 2025, the State Board of Education (SBE) must establish a literacy endorsement as a requirement for all certificated teachers who provide literacy instruction in kindergarten through grade five. SBE rules must require a certificated teacher who receives a certificate after August 1, 2025 and who provides literacy instruction in kindergarten through grade five to obtain a literacy endorsement within three years after the teacher's certificate is issued. The rules must require a certificated teacher who received a certificate before August 1, 2025 and who provides literacy instruction in kindergarten through grade five to obtain a literacy endorsement on or before August 1, 2028. The literacy endorsement must require the teacher to complete evidence-based science of reading training or coursework and to pass a literacy instruction assessment to show that the applicant is capable of effectively teaching foundational reading skills, implementing reading instruction, and providing effective instruction and interventions for students with reading deficiencies, including students with characteristics of dyslexia. Beginning August 1, 2022, SBE must require all approved educator preparation programs in elementary education and early childhood education to require the courses necessary to obtain a literacy endorsement. If sufficient monies are appropriated, beginning in the 2022-2023 school year, SBE is required to adopt a statewide kindergarten entry evaluation tool to administer to students in kindergarten programs within 45 calendar days after the beginning of each school year. The parent of any student who exhibits a reading deficiency at any time during the school year must be notified in writing within three weeks after the reading deficiency is identified, and information that must be included in the notice is specified. Retroactive to July 1, 2021, the deadline for school districts and charter schools to ensure that at least one kindergarten through third grade teacher in each school has received training related to dyslexia is extended one year to July 1, 2022. Retroactive to July 1, 2020, the deadline for the Department of Education to develop a dyslexia screening plan is extended two years to July 1, 2022. Session law requires SBE to review the K-3 reading program and consider any changes to statute, policy or administration to improve the reading proficiency of students. SBE is required to report on the review to the Governor and the Legislature by December 15, 2021. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

EW 2-22: Support

PA 2-26: Support

S1572: SCHOOLS; EARLY LITERACY 7/9 signed by governor. Chap. 434, Laws 2021. message
S1651: WORKERS; COMPENSATION; SERVICE; ELECTRONIC TRANSMISSION

Various notices of workers' compensation hearings and decisions may be transmitted to interested parties by means other than mailing to the last known address, including by electronic transmission, with the written consent of the receiving party. AS SIGNED BY GOVERNOR

First sponsor: Sen. Livingston ( - Dist )


 

General Comments (all lists):

EW 2-22: Support

PA 2-26: Support

S1651: WORKERS; COMPENSATION; SERVICE; ELECTRONIC TRANSMISSION 5/5 signed by governor. Chap. 333, Laws 2021. message
S1720: 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 ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

S1720: PEER-TO-PEER CAR SHARING 4/9 signed by governor. Chap. 220, Laws 2021. message
S1752: CONFORMITY; INTERNAL REVENUE CODE (COMMUNITY FACILITIES DISTRICTS)

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 ( - Dist )


 

General Comments (all lists):

2-8-21 BT monitor

S1752: CONFORMITY; INTERNAL REVENUE CODE 4/14 signed by governor. Chap. 232, Laws 2021. message
S1783: SMALL BUSINESSES; ALTERNATE INCOME TAX

Levies an "Arizona small business" (defined) income tax of 4.5 percent of "Arizona small business taxable income" (defined). Establishes adjustments, deductions, and credits for Arizona small business income taxes. For tax years beginning with 2021, a small business taxpayer is allowed to elect to file a return for the tax year with the Department of Revenue to report that small business taxpayer's share of Arizona small business gross income. Modifies the tax rates for the income of estates or any kind of property held in trust for tax years beginning with 2021. Retroactive to January 1, 2021. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )
Others: Rep. Bolick (R - Dist 20), Sen. Livingston (R - Dist 22)


 

General Comments (all lists):

2-8-21 BT monitor

3-8 BT support

S1783: SMALL BUSINESSES; ALTERNATE INCOME TAX 7/9 signed by governor. Chap. 436, Laws 2021. message
S1789: RENTAL VEHICLE SURCHARGE; VLT

A person engaged in the business of renting motor vehicles without drivers is authorized to use the rental vehicle surcharge monies collected in 2021 to reimburse the amount of vehicle license tax imposed in 2020 and 2021 on the rental vehicle.

First sponsor: Sen. Gowan ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

S1789: RENTAL VEHICLE SURCHARGE; VLT 3/18 from House appro do pass.
SCR1011: BORDER SECURITY; BORDER CRISIS (SUPPORTING; HARDROCK MINING)

The members of the Legislature call on the President of the U.S. and Congress to take immediate action to secure the southern border and stymie the security and humanitarian crises associated with any further illegal immigration and to as quickly as possible shore up the southern border by completing the southern border wall. The members of the Legislature support the Speaker of the House of Representatives and President of the Senate in creating a Joint Border Security Advisory Commission to provide a forum where testimony can be taken regarding the international border between Arizona and Mexico and address related issues to this international border. The Secretary of State is directed to transmit copies of this resolution to the President of the U.S, the President of the U.S. Senate, the Speaker of the U.S. House and each member of Congress from Arizona. AS SENT TO SECRETARY OF STATE

First sponsor: Sen. Kerr ( - Dist )


 

General Comments (all lists):

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

SCR1011: BORDER SECURITY; BORDER CRISIS 5/24 Senate concurred in House amendments and passed on final reading 16-14; ready for Secretary of State.
SCR1020: ENGLISH LANGUAGE EDUCATION; REQUIREMENTS

The 2022 general election ballot is to carry the question of whether to amend state statute to repeal and replace provisions related to English language learners. Public schools are required to ensure that all English language learners receive the highest quality education, master the English language and access high quality, innovative research-based language programs. School districts and charter schools are authorized to establish dual-language immersion programs for both native and nonnative English speakers. Directs Legislative Council to prepare conforming legislation.

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

1/25/21 EW- support

PA 1-29-21: Approved SUPPORT

SCR1020: ENGLISH LANGUAGE EDUCATION; REQUIREMENTS 3/24 from House educ do pass.
SCR1044: TUITION; POSTSECONDARY EDUCATION

The 2022 general election ballot is to carry the question of whether to amend state statute to make a student who attended any public or private high school option or homeschool equivalent while physically present in Arizona for at least two years, and who graduated from public or private high school or a homeschool equivalent in Arizona or obtained a high school equivalency diploma in Arizona eligible for in-state tuition at any university under the jurisdiction of the Arizona Board of Regents or any public community college. Persons without lawful immigration status are eligible for in-state tuition under these provisions. AS SENT TO SECRETARY OF STATE

First sponsor: Sen. Boyer ( - Dist )
Others: Sen. Bowie (D - Dist 18), Sen. Shope (R - Dist 8), Rep. Udall (R - Dist 25)


 

General Comments (all lists):

EW 2-22: Support

PA 2-26: Support

SCR1044: TUITION; POSTSECONDARY EDUCATION 5/10 passed House 33-27; to secretary of state for placement on the 2022 general election ballot.