Legal and Regulatory Reform
55th Legislature - 1st Regular Session, 2021 Sunday, Jan 23 2022 5:42 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.
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
H2045: CIVIL RIGHTS; AMENDMENTS

For the purpose of employment discrimination statutes, the terms "because of sex" and "on the basis of sex" includes because of or on the basis of pregnancy or childbirth or related medical conditions. Women who are affected by pregnancy or childbirth or related medical conditions must be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work. AS SIGNED BY GOVERNOR

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

Last year, just monitored

LRR 1/19/21: monitor

H2045: CIVIL RIGHTS; AMENDMENTS 2/4 signed by governor; Chap. 1, 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.
H2067: CRIMINAL CONVICTION; SET ASIDE; APPLICABILITY

If the court grants an application to set aside the judgment of guilt, the court's order is required to include a certificate of second chance if the person has not previously received a certificate and the person was convicted of a misdemeanor, of a class 4, 5, or 6 (three lowest) felony and at least two years have elapsed since the person fulfilled the conditions of probation or sentence, or of a class 2 (second highest) or 3 (upper mid-level) felony and at least five years have elapsed since the person fulfilled the conditions of probation or sentence. A certificate of second chance releases the person from all barriers to obtain an occupational license if the person is otherwise qualified, with some exceptions, and releases an employer from liability for negligently hiring the person and a person or entity from liability for providing housing to the person if the liability is based on the existence of the person's prior criminal offense. AS SIGNED BY GOVERNOR

First sponsor: Rep. Roberts ( - Dist )
Others: Rep. Fillmore (R - Dist 16)


 

General Comments (all lists):

LRR 1/19/21: monitor

H2067: CRIMINAL CONVICTION; SET ASIDE; APPLICABILITY 4/1 signed by governor. Chap. 159, Laws 2021. message
H2069: GENETIC TESTING; PRIVATE PROPERTY

A "direct-to-consumer genetic testing company" (defined) is required to provide to consumers clear and complete information on privacy policies for genetic data, and obtain a consumer's consent for collecting, using or disclosing the consumer's genetic data. A direct-to-consumer genetic testing company is also required to develop a comprehensive security program to protect a consumer's genetic data against unauthorized access or use, and to require a valid legal process for disclosing genetic data to law enforcement or other government agencies without a consumer's express written consent. Some exceptions. The Attorney General is authorized to bring an action to enforce these requirements. Violations are subject to a civil penalty of up to $2,500 for each violation, the payment of actual damages, and costs and reasonable attorney fees. AS SIGNED BY GOVERNOR

First sponsor: Rep. Roberts ( - Dist )
Others: Rep. Fillmore (R - Dist 16)


 

General Comments (all lists):

LRR 1/19/21: monitor

3/3/21 - PA Oppose

3/23/21 - NEUTRAL w/ striker

H2069: GENETIC TESTING; PRIVATE PROPERTY 4/20 signed by governor. Chap. 254, 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
H2108: TELECOMMUNICATIONS; PUBLIC HIGHWAYS; USE; FEES

For any underground facility that is used for a "small wireless facility" (defined elsewhere in statute), a political subdivision is prohibited from requiring an annual telecommunications fee based on the number of linear feet of trench in the public highways in which the telecommunications corporation has placed facilities.

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

H2108: TELECOMMUNICATIONS; PUBLIC HIGHWAYS; USE; FEES 3/3 retained on House COW calendar.
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
H2161: TOURISM MARKETING AUTHORITIES

Establishes a new chapter in Title 9 (Cities and Towns) and a new chapter in Title 11 (Counties) allowing the governing body of one or more municipalities and/or of a county with a population of less than 2 million persons (all but Maricopa County) to adopt a resolution, on presentation of a petition signed by the owners of at least 67 percent of the transient lodging rooms in the geographic area, forming a tourism marketing authority to promote and enhance tourism in that geographic area. Establishes powers and duties of a tourism marketing authority, including authorization to levy an assessment of up to $5 per room on transient lodging rooms sold per night. A tourism marketing authority is governed by a board of directors, and recordkeeping and reporting requirements for the board are specified. Establishes a process for termination of a tourism marketing authority. Emergency clause. AS PASSED HOUSE

First sponsor: Rep. Kaiser ( - Dist )
Others: Rep. Blackman (R - Dist 6), Rep. Chaplik (R - Dist 23), Rep. Cobb (R - Dist 5), Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 1101

H2161: TOURISM MARKETING AUTHORITIES 3/10 referred to Senate com.
H2163: PRISONERS; DISCHARGE; TRANSITION PROGRAM

Retroactive to July 1, 2020, the statutory termination date for the Arizona Department of Corrections (ADC) Transition Program is extended ten years to July 1, 2030. Retroactive to and beginning July 1, 2021, and each year thereafter, ADC is required to release at least 3,500 eligible inmates to enter the Transition Program. If there are not 3,500 eligible inmates, ADC is required to release as many inmates as ADC determines meet the eligibility requirements. Also, ADC is required to inform a prisoner at least one month before the prisoner's discharge of the discharge date. AS PASSED HOUSE

First sponsor: Rep. Blackman ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

H2163: PRISONERS; DISCHARGE; TRANSITION PROGRAM 2/18 referred to Senate appro.
H2164: 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. Blackman ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

 

H2164: COORDINATED REENTRY PLANNING SERVICES PROGRAMS 2/3 House crim jus ref held.
H2172: WIRELESS PROVIDERS; AUTHORITY; APPLICABILITY

Deletes the exemption from the article of statute governing the use of public highways by wireless providers for any authority within ten miles of the border of Mexico that is negotiating a contract or has a contract in place on or before July 1, 2018 and that contract assists and supports national security objectives along the border. AS SIGNED BY GOVERNOR

First sponsor: Rep. Dunn ( - Dist )
Others: Sen. Kerr (R - Dist 13), Rep. Osborne (R - Dist 13)


 

General Comments (all lists):

LRR 1/19/21: monitor

H2172: WIRELESS PROVIDERS; AUTHORITY; APPLICABILITY 3/26 signed by governor; Chap. 129, Laws 2021. message
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.
H2243: 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.

First sponsor: Rep. Grantham ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirrro 1149

H2243: OCCUPATIONAL AND PROFESSIONAL LICENSURE; NOTICE 2/2 from House rules okay.
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
H2305: SPIRITUOUS LIQUOR; ALTERNATING PROPRIETORSHIPS

On application by one or more persons, the Department of Liquor Licenses and Control is authorized to approve applications for grouping two or more spirituous liquor producer, craft distiller, or microbrewery licenses at one location under a plan of alternating proprietorships if a licensed producer, craft distiller, or microbrewery has received approval by the U.S. Alcohol and Tobacco Tax and Trade Bureau and the participating producers, craft distillers, or microbreweries operate under the regulations and guidelines that are issued by the Bureau. Each participating spirituous liquor producer or microbrewery is responsible for filing all reports that relate to its production with the Bureau and the Department of Revenue. AS SIGNED BY GOVERNOR

First sponsor: Rep. Weninger ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

H2305: SPIRITUOUS LIQUOR; ALTERNATING PROPRIETORSHIPS 3/24 signed by governor; Chap. 106, Laws 2021. message
H2335: 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.

First sponsor: Rep. Pratt ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 1167

H2335: UNLAWFUL FOOD OR DRINK CONTAMINATION 2/11 House COW approved.
H2367: SPECIAL EVENT LICENSE; NONPROFIT EVENT (SPECIAL EVENT LICENSES; CHARITABLE ORGANIZATIONS)

The Department of Liquor Licenses and Control is authorized to issue a temporary special event liquor license to an affiliate of a national, statewide or international parent nonprofit organization for a special event if the affiliate provides a letter from the Internal Revenue Services that the parent organization is a nonprofit entity under section 501(c)(4) of the federal Internal Revenue Code with a group ruling, if the proceeds of the event are for a charitable or nonprofit purpose, and if the affiliate and its members have not previously violated of liquor statutes, local special event requirements or any fire code. AS SIGNED BY GOVERNOR

First sponsor: Rep. Payne ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2367: SPECIAL EVENT LICENSE; NONPROFIT EVENT 5/7 signed by governor. Chap. 337, Laws 2021. message
H2389: STATE OF EMERGENCY; AUTOMATIC TERMINATION

A state of emergency declared by the Governor terminates 21 days after the date on which the state of emergency is proclaimed, unless the Legislature extends the state of emergency by concurrent resolution. A state of emergency may be terminated earlier than the 21-day period by proclamation of the Governor or by concurrent resolution of the Legislature. If a state of emergency is not extended by the Legislature, the Governor is prohibited from proclaiming a new state of emergency based on the same or substantially similar facts and circumstances without the passage of a concurrent resolution by the Legislature consenting to the new state of emergency. If the Governor fails to comply with this prohibition, any citizen is authorized to apply to the superior court for a writ of mandamus to compel the Governor to comply.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2389: STATE OF EMERGENCY; AUTOMATIC TERMINATION 1/27 referred to House gov-elect.
H2430: PUBLICITY PAMPHLET; SUBMITTAL DATES

The deadline for Legislative Council to file with the Secretary of State an impartial analysis of the provisions of each ballot proposal for inclusion in the publicity pamphlet is moved to 30 days preceding the regular primary election, from 60 days preceding. The deadline for a person to file with the Secretary of State an argument advocating or opposing a ballot measure for inclusion in the publicity pamphlet is moved to 27 days preceding the regular primary election, from 48 days preceding. Emergency clause.

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


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

H2430: PUBLICITY PAMPHLET; SUBMITTAL DATES 3/2 referred to Senate gov.
H2457: LOBBYISTS; CONFLICTS OF INTEREST; DISCLOSURE

A person is prohibited from lobbying the Legislature for a principal or public body when there is a conflict of interest between one or more of the principals and public bodies represented by that person, unless the person has received fully informed written consent from all parties to the conflict of interest who are represented by that person. The person lobbying is required to file a copy of the written consent with the Secretary of State within two days after the conflict of interest occurs. The Secretary of State is required to provide for electronic filing of the written consents and to provide for public posting of the consents online. Violations are subject to enforcement by a compliance order or civil penalty as prescribed elsewhere in statute for lobbying violations.

First sponsor: Rep. Cook ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2457: LOBBYISTS; CONFLICTS OF INTEREST; DISCLOSURE 2/18 from House gov-elect do pass.
H2543: STATE PERMITTING DASHBOARD

Requires the Governor to appoint a State Permitting Director to establish and maintain an online database called the Permitting Dashboard that displays the progress to completion for state authorizations for "participating projects" (defined). The Director is required to coordinate with a list of specified state agencies and any other agency that requires authorization for a participating project. Information that may be displayed on the Permitting Dashboard is listed. A project sponsor of an "eligible project" (defined as an activity in Arizona that requires authorization by an agency, that is subject to applicable state environmental laws, that is likely to require a total construction investment of more than $25 million, and that meet other specified requirements) is authorized to submit to the Director a notice that the project sponsor is initiating a proposed project, and information that must be included in the notice is established. No later than 30 days after receipt of the notice, the Director is required to determine whether the proposed project qualifies as an eligible project and whether to include it as a participating project in the Permitting Dashboard. No later than 45 days after the determination, each agency identified by the project sponsor is required to submit to the Director all anticipated authorizations required for the participating project, including the target completion time for each step required. Agencies cannot require an eligible project to participate in the Permitting Dashboard. Establishes a process for resolution of disputes relating to the permitting timetable. These provisions self-repeal January 1, 2029. The Director is required to submit a report of findings and recommendations from administering the Permitting Dashboard to the Governor and the Legislature by December 1, 2022.

First sponsor: Rep. Wilmeth ( - Dist )
Others: Sen. Gowan (R - Dist 14), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15)


 

General Comments (all lists):

2-8-21 LRR monitor

H2543: STATE PERMITTING DASHBOARD 2/18 from House gov-elect do pass.
H2549: PROBABLE CAUSE HEARING; PANDEMIC LIABILITY

Subject to Arizona rules of court, the court is required to conduct a probable validity hearing for every civil action that is filed and that claims a party is liable for damages based on contracting an illness that is also the subject of a public health pandemic. At the probable validity hearing, the plaintiff has the burden of proof to demonstrate that there is sufficient evidence to establish that the injury exists and that the defendant is likely a cause of the injury. On a finding of probable validity, the court may proceed to a trial on the merits. AS PASSED HOUSE

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2549: PROBABLE CAUSE HEARING; PANDEMIC LIABILITY 3/8 referred to Senate jud.
H2570: LICENSES; PANDEMICS; REVOCATION PROHIBITION

State agencies, counties, and municipalities are prohibited from permanently revoking any license that is used to operate a business for not complying with an order issued by the Governor due to a state of emergency proclaimed by the Governor for an epidemic or pandemic disease, unless the agency, county or municipality can demonstrate by clear and convincing evidence that the business was the actual cause of transmission of the disease that is the subject of the order due to the business's wilful misconduct or gross negligence. Before a state agency, county or municipality suspends or permanently revokes a business license, the agency must provide written notice of noncompliance and written notice of intent to suspend or permanently revoke the license at least 30 days after the notice of noncompliance. Any dispute relating to the suspension or permanent revocation of a business license must be resolved by a court of competent jurisdiction. The Department of Liquor Licenses and Control (DLLC) is prohibited from assessing or collecting a civil penalty of more than $500 for a violation of an executive order issued pursuant to the state of emergency related to COVID-19 that was proclaimed on March 11, 2020. DLLC is required to refund any amount collected in excess of this cap by the 10th business day after the effective date of this legislation. AS SIGNED BY GOVERNOR

First sponsor: Rep. Hoffman ( - Dist )
Others: Sen. Barto (R - Dist 15), Rep. Barton (R - Dist 6), Rep. Blackman (R - Dist 6), Rep. Bowers (R - Dist 25), Rep. Chaplik (R - Dist 23), Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15), Rep. Kavanagh (R - Dist 23), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Rep. Nguyen (R - Dist 1), Rep. Parker (R - Dist 16), Sen. Petersen (R - Dist 12), Rep. Roberts (R - Dist 11), Rep. Toma (R - Dist 22), Sen. Townsend (R - Dist 16), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

2-8-21 LRR monitor

H2570: LICENSES; PANDEMICS; REVOCATION PROHIBITION 5/19 signed by governor. Chap. 367, Laws 2021. message
H2598: PURCHASER DWELLING ACTIONS; REMEDIES

A seller and a seller's construction professional owe a nonwaivable duty of care to a purchaser in a dwelling action. A comparative indemnity provision is the only contractual indemnity that is allowed in a contract between a seller and the seller's construction professional. A provision in a construction contract that purports to indemnify a seller for the seller's own actions or inactions is void and unenforceable. The identified construction professionals are no longer required to be joined to a dwelling action as third-party defendants. The seller or the seller's construction professional are prohibited from directly or indirectly seeking to influence or undermine a purchaser's right to legal counsel. If a purchaser fails to comply with statutory requirements before bringing a dwelling action, the action must be stayed pending compliance, instead of dismissed. Modifies the factors the court may consider in determining whether attorney fees incurred are reasonable for the purpose of awarding attorney fees in a dwelling action. More. Contains legislative findings.

First sponsor: Rep. Payne ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2598: PURCHASER DWELLING ACTIONS; REMEDIES 5/24 referred to House rules only.
H2635: PET DEALERS; STATE PREEMPTION; REPEAL

Repeals statute prohibiting local regulations or ordinances that impose requirements on pet dealers in excess of state law or that prohibit the sale of dogs or cats by a pet store or pet dealer based on the source from which the animal is obtained.

First sponsor: Rep. Shah ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2635: PET DEALERS; STATE PREEMPTION; REPEAL 2/3 referred to House com, gov-elect.
H2687: MEDICAL PRODUCTS; CONDITION OF EMPLOYMENT

A person cannot be required to take or otherwise receive or disclose whether the person has taken or received a "medical product" (defined as any drug or biologic) as a condition of employment, entry into any business or "public space" (defined) or receipt of any service or good unless the manufacturer of the medical product is liable for any death or serious injury caused by the medical product. Prohibits discrimination for refusing to take or otherwise receive a medical product if its manufacturer is not liable for all deaths and serious injuries caused by the medical product.

First sponsor: Rep. Carroll ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

H2687: MEDICAL PRODUCTS; CONDITION OF EMPLOYMENT 2/4 referred to House hel-hu ser, com.
H2720: BALLOTS; ELECTION CONTESTS; CERTIFICATES

Various changes relating to elections. The Legislature retains its legislative authority regarding the office of presidential elector and by majority vote at any time before the presidential inauguration is authorized to revoke the Secretary of State's issuance or certification of a presidential elector's certificate of election. The Legislature is permitted to take this action without regard to whether the Legislature is in regular or special session or has held committee or other hearings on the matter. Any party to an election contest may request a jury trial, which must be granted and tried as other jury trials in a civil action, except that the statutory provisions for election contests prevail over any conflicting rules of procedure for jury trials. In an election contest jury trial, a court is prohibited from granting a motion to dismiss or a motion for summary judgment that would result in dismissal until after the jury has issued its verdict. Without regard to the system or method used to produce or tabulate ballots, the county recorder or officer in charge of elections is required to maintain a count of the number of physical ballots printed and the number of ballots otherwise generated in the following categories: early ballots, regular ballots, provisional ballots, federal-only ballots, and ballots generated in an electronic form. The county recorder or officer in charge of elections is required to post that information on the county's website within one day after election day. The county recorder or officer in charge of elections is required to create digitized images of ballots and to keep the digitized images and the physical ballots as public records. At least ten persons from the general public who are registered voters in the county are allowed to observe the proceedings at the counting center at any time throughout the day. All observers must be allowed to observe each essential part of the proceedings at the counting center. When ballots are damaged or defective and cannot be counted by the automatic tabulating equipment, the images that are made of a duplicate of those ballots must be posted to the county's website within 24 hours after duplication along with the determination by the election board as to that voter's intent for each contest adjudicated. Any disruption in live video coverage of the custody of all ballots while the ballots are present in a tabulation room in the counting center will result in the members of the board of supervisors and the county recorder being deemed ineligible for reelection and barred from holding any public office in Arizona for ten years after the expiration of the term of office in which the disruption in video coverage occurred. More.

First sponsor: Rep. Bolick ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

H2720: BALLOTS; ELECTION CONTESTS; CERTIFICATES 5/24 referred to House rules only.
H2723: CAMPAIGN FINANCE; REPORTS; CONTRIBUTION AMOUNT

The maximum amount an individual may contribute to a campaign committee in one election cycle without being individually identified on campaign finance reports is increased to $100, from $50. Contributions from lobbyists are required to be listed separately. AS PASSED HOUSE

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2723: CAMPAIGN FINANCE; REPORTS; CONTRIBUTION AMOUNT 3/4 referred to Senate gov.
H2727: STUDENT EMPLOYEES; CLASSIFICATION; MINIMUM WAGE

Establishes a student employee employment classification consisting of employees who are regularly enrolled in high school and only work after school hours or when school is not in session. Beginning January 1, 2022 an employer that employs a student employee is required to pay the student employee a minimum wage rate of at least $8.50 an hour. Due to voter protection, this legislation requires the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage.

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


 

General Comments (all lists):

2-8-21 LRR monitor

H2727: STUDENT EMPLOYEES; CLASSIFICATION; MINIMUM WAGE 2/2 referred to House com.
H2737: CORPORATION COMMISSION ACTIONS; INVESTIGATION

At the request of a member of the Legislature, the Attorney General is required to investigate any decision, order or rule adopted or amended by the Arizona Corporation Commission (ACC) that the member alleges is beyond the ACC's statutory or constitutional authority or whether the ACC is not executing or enforcing a statute. If the Attorney General concludes that the ACC does not have the authority or is not executing or enforcing a statute, the Attorney General is required to notify the ACC of the violation by certified mail and provide 30 days to resolve the violation. If the ACC fails to resolve the violation within 30 days, the Attorney General is required to file a special action in the Supreme Court to resolve the issue, and the Supreme Court is required to give the action precedence over all other cases. If the Supreme Court determines that the ACC does not have the authority or is not executing or enforcing a statute, Attorney General is required to inform the Department of Administration (DOA), and DOA is required to withhold ten percent of the ACC operating lump sum budget for the current fiscal year. Does not apply to any order or decision setting rates for public service corporations.

First sponsor: Rep. Parker ( - Dist )
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolick (R - Dist 20), Rep. Bowers (R - Dist 25), Rep. Burges (R - Dist 1), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. Hoffman (R - Dist 12), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15), Rep. Kavanagh (R - Dist 23), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Toma (R - Dist 22), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

H2737: CORPORATION COMMISSION ACTIONS; INVESTIGATION 3/4 House COW approved with amend #4149 and flr amend #4743.
H2759: RULEMAKING; PETITIONS; GRRC

On receipt of a petition to review an existing agency practice, substantive policy statement, final rule, or regulatory licensing requirement that the petitioner alleges violates state law, is not authorized by statute, is unduly burdensome or is not demonstrated to be necessary to fulfill a public health, safety or welfare concern, the Governor's Regulatory Review Council (GRRC) is required to review the practice, policy, rule, or requirement. Previously, GRRC was required to review the petition only if the practice, policy, rule or requirement applied to a profession for which the average wage in that profession in Arizona did not exceed 200 percent of the federal poverty guidelines for a family of four. AS SIGNED BY GOVERNOR

First sponsor: Rep. Grantham ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2759: RULEMAKING; PETITIONS; GRRC 5/7 signed by governor. Chap. 340, Laws 2021. message
H2770: MASK MANDATES; BUSINESS EXCEPTION

A business in Arizona is not required to enforce on its premises a mask mandate that is established by the state, a city, town or county or any other jurisdiction of this state. AS SIGNED BY GOVERNOR. In his signing statement, the Governor expressed concern about unintended consequences relating to make requirements that are not related to the spread of COVID-19, and thanked the bill's sponsor for agreeing to fix this oversight in a future bill this session.

First sponsor: Rep. Chaplik ( - Dist )
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Bolick (R - Dist 20), Rep. Burges (R - Dist 1), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Fillmore (R - Dist 16), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. Hoffman (R - Dist 12), Rep. Kaiser (R - Dist 15), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Pratt (R - Dist 8), Rep. Toma (R - Dist 22), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

2-8-21 LRR monitor

H2770: MASK MANDATES; BUSINESS EXCEPTION 4/9 signed by governor. Chap. 201, Laws 2021. message
H2772: FANTASY SPORTS BETTING; EVENT WAGERING

Numerous changes to statutes relating to gaming. Establishes a new chapter in Title 5 (Amusements and Sports) regulating "fantasy sports contests" (defined), conditionally enacted on each Indian Tribe with a gaming facility in Pima County and in the Phoenix metropolitan area entering into a 2021 Gaming Compact Amendment and publishing in the federal register notice of the U.S. Secretary of the Interior's approval or approval by operation of law. An individual who is licensed by the Arizona Department of Gaming (ADG) is authorized to offer one or more fantasy sports contests if specified conditions apply, including that the individual collects no more than $10,000 in total entry fees for all fantasy sports contests offered in a calendar year, at least 95 percent of which are awarded to the fantasy sports contest players. Establishes requirements for licensure, authorizes ADG to adopt rules related to conducting fantasy sports contests, and establishes penalties for violations. Individuals who are under 21 years of age are prohibited from participating in a fantasy sports contest. Establishes a list of prohibited actions for licensed fantasy sports contest operators and prohibits fantasy sports contests from being offered on a kiosk or machine open to public use. ADG is required to establish a fee for the privilege of operating fantasy sports contests. In determining the fee, ADG is required to consider the highest percentage of revenue share that an Indian Tribe pays to Arizona pursuant to the tribal-state gaming compacts and any amendments. ADG is authorized to use up to 10 percent of fee monies for the costs of regulating fantasy sports contests and is required to transfer the remaining monies to the general fund. An Indian Tribe that lawfully conducts class III gaming pursuant to a tribal-state gaming compact with Arizona is authorized to offer and conduct fantasy sports contests, directly or through a third-party operator, without applying for or holding a license if all activities of the fantasy sports contest occur within the boundary of its Indian lands and the Indian Tribe complies with any regulations that are included in the compact. Establishes a new chapter in Title 5 (Amusements and Sports) regulating "event wagering" (defined), conditionally enacted on each Indian Tribe with a gaming facility in Pima County and in the Phoenix metropolitan area entering into a 2021 Gaming Compact Amendment and publishing in the federal register notice of the U.S. Secretary of the Interior's approval or approval by operation of law. Establishes powers and duties of ADG to enforce event wagering statutes. Event wagering may be conducted only to the extent that it is conducted in accordance with this legislation, and a person is prohibited from offering any activity in connection with event wagering in Arizona unless all necessary licenses have been obtained in accordance with federal and state law and any applicable ADG rules. Does not apply to event wagering conducted exclusively on Indian lands by an Indian Tribe operated in accordance with a tribal-state gaming compact and any amendments. ADG is authorized to issue up to 10 event wagering operator licenses to applicants other than an Indian Tribe and up to 10 event wagering operator licenses to Indian Tribes in Arizona that have signed the most recent Tribal-State Gaming Compact and any applicable amendments. Establishes requirements for licensure as an event wagering operator. A license authorizes an event wagering operator to offer event wagering through a facility within a 5-block radius of the operator's sports facility and event wagering through a mobile platform as specified by ADG. Establishes provisions for license revocation, suspension or denial. An event wagering operator is authorized to partner with a racetrack enclosure or additional wagering facility that holds a racing permit to obtain a limited event wagering license for event wagering only at one specific physical location. ADG is allowed to issue a total of up to 10 limited event wagering licenses. Management services providers are required to obtain a license from ADG and are authorized to contract with an event wagering operator or operators. ADG is required to establish and collect application and license fees. ADG is required to establish bond in escrow, cash on hand, and insurance requirements for licensees. Establishes a list of prohibited wagers. ADG is required to establish a fee for the privilege of operating event wagering that is not less than the highest percentage of revenue share that an Indian Tribe pays to Arizona pursuant to the tribal-state gaming compact. ADG is authorized to use up to 10 percent of fee monies for the costs of regulating fantasy sports contests and is required to transfer the remaining monies to the general fund. Fantasy sports contest operators and event wagering operators are required to allow problem gamblers to voluntarily exclude themselves and to develop and maintain a program to mitigate and curtail compulsive play or compulsive gambling. After the conditions for enactment of this legislation are met, the Arizona State Lottery Commission is authorized to establish and operate a single "electronic keno game" and a single "mobile draw game" on a centralized computer system controlled by the lottery that allows a player to place wagers, view the outcome of a game and receive winnings over the internet, including on personal electronic devices. An electronic keno game may be operated only within an "authorized keno location" (defined as a physical facility with a specified gaming license that is a fraternal organization, veterans' organization, racetrack enclosure, or wagering facility where pari-mutuel wagering is conducted). If the electronic keno game is to be played on personal electronic devices, players must be geographically restricted by means of geofencing to authorized keno locations. Establishes limits on the number of authorized keno locations and the frequency of electronic keno game draws and prohibits certain user interface depictions. Establishes the 2021 Compact Trust Fund for the exclusive purposes of mitigating impacts to Indian Tribes from gaming authorized by the "2021 Gaming Compact Amendment" (defined) and providing economic benefits to beneficiary Tribes, including those with an effective gaming compact that includes the 2021 amendments and do not engage in gaming. Contains a legislative intent section. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Rep. Weninger ( - Dist )
Others: Rep. Bolick (R - Dist 20), Sen. Borrelli (R - Dist 5), Rep. Chavez (D - Dist 29), Rep. Cook (R - Dist 8), Rep. A. Hernandez (D - Dist 3), Rep. D. Hernandez (D - Dist 2), Rep. Jermaine (D - Dist 18), Rep. Nutt (R - Dist 14), Sen. Shope (R - Dist 8), Rep. Toma (R - Dist 22)


 

General Comments (all lists):

2-8-21 LRR monitor

H2772: FANTASY SPORTS BETTING; EVENT WAGERING 4/15 signed by governor. Chap. 234, Laws 2021. message
H2787: OCCUPATIONAL REGULATION; GOOD CHARACTER; DEFINITION

In determining if a person's criminal record disqualifies the person from obtaining an occupational license, permit, certificate or other state recognition, a state agency is prohibited from considering negatively any nonconviction information, including information related to a deferred adjudication, participation in a diversion program, or an arrest that was not followed by a conviction. The agency is also prohibited from considering a conviction that has been sealed, dismissed, expunged or pardoned, a juvenile adjudication, or a nonviolent misdemeanor. In order to conclude that the state has an important interest in protecting public safety that is superior to the person's right, the information that an agency is required to determine by clear and convincing evidence is expanded to include that the specific offense the person was convicted of specifically and directly relates to the duties and responsibilities of the occupation, with the exception of offenses involving "moral turpitude" (defined). Does not require a private employer to grant or deny employment to any individual, or impair the right of private employers to establish and enforce eligibility criteria, ethics codes or disciplinary policies. AS SIGNED BY GOVERNOR

First sponsor: Rep. Burges ( - Dist )
Others: Rep. Andrade (D - Dist 29), Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Bolding (D - Dist 27), Rep. Bolick (R - Dist 20), Rep. Bowers (R - Dist 25), Rep. Butler (D - Dist 28), Rep. Cano (D - Dist 3), Rep. Carroll (R - Dist 22), Rep. Chaplik (R - Dist 23), Rep. Chavez (D - Dist 29), Rep. Cobb (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Dunn (R - Dist 13), Rep. Espinoza (D - Dist 19), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Rep. Friese (D - Dist 9), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. A. Hernandez (D - Dist 3), Rep. Hoffman (R - Dist 12), Rep. John (R - Dist 4), Rep. Kaiser (R - Dist 15), Rep. Lieberman (D - Dist 28), Rep. Longdon (D - Dist 24), Rep. Meza (D - Dist 30), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Osborne (R - Dist 13), Rep. Parker (R - Dist 16), Rep. Pawlik (D - Dist 17), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Powers Hannley (D - Dist 9), Rep. Pratt (R - Dist 8), Rep. Roberts (R - Dist 11), Rep. Rodriguez (D - Dist 27), Rep. Sierra (D - Dist 19), Sen. Stahl Hamilton (D - Dist 10), Sen. Terán (D - Dist 30), Rep. Toma (R - Dist 22), Rep. Tsosie (D - Dist 7), Rep. Udall (R - Dist 25), Rep. Weninger (R - Dist 17), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

2-8-21 LRR monitor

H2787: OCCUPATIONAL REGULATION; GOOD CHARACTER; DEFINITION 4/20 signed by governor. Chap. 269, Laws 2021. message
H2814: OFFICE OF ADMINISTRATIVE HEARINGS; REPEAL

Repeals the Office of Administrative Hearings and the article of statute establishing uniform administrative hearing procedures.

First sponsor: Rep. Bowers ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

H2814: OFFICE OF ADMINISTRATIVE HEARINGS; REPEAL 2/17 House jud held.
H2865: PERSONAL DATA; PROCESSING; SECURITY STANDARDS

Adds a new article to Title 18 (Information Technology) relating to security standards for personal data. Establishes a list of consumer rights relating to the consumer's personal data. Requires a "controller" to disclose to each consumer the right to request the deletion of the consumer's personal data, and to correct inaccurate personal data or delete the consumer's data upon request. Some exceptions. A consumer is permitted to object to the processing of his/her personal data and request the controller to restrict processing of personal data in specified circumstances. The Attorney General is authorized to bring an action in the name of the state or on behalf of state residents to enforce these requirements. Does not serve as the basis for a private right of action. Applies to a legal entity with an annual gross revenue of at least $25 million that conducts business in Arizona or produces products or services that are intentionally targeted to Arizona residents and that either controls or processes data of at least 100,000 consumers or derives over 35 percent of gross revenue from the sale of personal information and processes or controls personal information of at least 25,000 consumers.

First sponsor: Rep. DeGrazia ( - Dist )
Others: Rep. Powers Hannley (D - Dist 9)


 

General Comments (all lists):

3-8 LRR Oppose if moves

H2865: PERSONAL DATA; PROCESSING; SECURITY STANDARDS 2/11 referred to House com.
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.
HCR2006: STATE OF EMERGENCY DECLARATION; TERMINATION

The Legislature declares that the Declaration of Emergency issued by the Governor on March 11, 2020 due to the COVID-19 outbreak is terminated. The Secretary of State is directed to transmit a copy of this resolution to the Governor.

First sponsor: Rep. Roberts ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

HCR2006: STATE OF EMERGENCY DECLARATION; TERMINATION 1/26 referred to House gov-elect.
HCR2013: PUBLIC HEALTH; EXECUTIVE ORDERS; REAUTHORIZATION

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to terminate after 14 days a state of emergency declared by the Governor for an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease, or a highly fatal infectious agent or biological toxin, and that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. The Legislature is authorized to extend the state of emergency for an additional 14 days at a time by concurrent resolution.

First sponsor: Rep. Finchem ( - Dist )
Others: Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Cook (R - Dist 8), Rep. Fillmore (R - Dist 16), Rep. Griffin (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Roberts (R - Dist 11)


 

General Comments (all lists):

LRR 1/19/21: monitor

HCR2013: PUBLIC HEALTH; EXECUTIVE ORDERS; REAUTHORIZATION 2/3 referred to House gov-elect.
HCR2016: INITIATIVES; SUPERMAJORITY VOTE REQUIREMENT

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to require approval by 55 percent of the votes cast on the measure for an initiative or referendum measure to become law, instead of a majority of the votes cast. AS PASSED HOUSE

First sponsor: Rep. Dunn ( - Dist )
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Cook (R - Dist 8), Rep. Grantham (R - Dist 12), Rep. Hoffman (R - Dist 12), Sen. Kerr (R - Dist 13), Rep. Nutt (R - Dist 14), Rep. Payne (R - Dist 21), Rep. Roberts (R - Dist 11)


 

General Comments (all lists):

2-8-21 LRR monitor

HCR2016: INITIATIVES; SUPERMAJORITY VOTE REQUIREMENT 6/28 from Senate rules okay.
HCR2017: AUTOMATIC TERMINATION; STATE OF EMERGENCY

The 2022 general election ballot is to carry the question of whether to amend state statute to terminate a state of emergency declared by the Governor 21 days after the date on which the state of emergency is proclaimed, unless the Legislature extends the state of emergency by concurrent resolution. A state of emergency may be terminated earlier than the 21-day period by proclamation of the Governor or by concurrent resolution of the Legislature. If a state of emergency is not extended by the Legislature, the Governor is prohibited from proclaiming a new state of emergency based on the same or substantially similar facts and circumstances without the passage of a concurrent resolution by the Legislature consenting to the new state of emergency. If the Governor fails to comply with this prohibition, any citizen is authorized to apply to the superior court for a writ of mandamus to compel the Governor to comply.

First sponsor: Rep. Griffin ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

HCR2017: AUTOMATIC TERMINATION; STATE OF EMERGENCY 2/3 referred to House gov-elect.
HCR2026: STATE OF EMERGENCY; TERMINATION; REFERRAL

The 2022 general election ballot is to carry the question of whether to amend state statute to terminate a state of emergency declared by the Governor 14 days after the date on which the state of emergency is proclaimed, unless the Governor calls for a special session of the Legislature relating to the state of emergency.

First sponsor: Rep. Carroll ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

HCR2026: STATE OF EMERGENCY; TERMINATION; REFERRAL 2/22 from House rules okay.
HCR2032: GOVERNMENT ORDERS; PROTECTION; WITHDRAWAL; PROHIBITION

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to prohibit a "stand-down order," defined as a directive issued by or action taken by an elected official or appointed executive officer that has the effect of withdrawing law enforcement protection or fire or emergency medical services from the residents of Arizona, commercial establishments owned by residents of Arizona, or property within Arizona, or that effectively abdicates state or national jurisdiction or sovereignty without a binding prior ratification by adjudication or legislation. A private property loss that is the direct result of a stand-down order is a taking of private property that is subject to just compensation under the state Constitution. Also adds the right to insist on pretrial cash bail that is reasonable and customary to the victims' bill of rights.

First sponsor: Rep. Burges ( - Dist )
Others: Rep. Barton (R - Dist 6), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Rep. Carroll (R - Dist 22), Rep. Chaplik (R - Dist 23), Rep. Cobb (R - Dist 5), Rep. Dunn (R - Dist 13), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Rep. Grantham (R - Dist 12), Rep. Griffin (R - Dist 14), Rep. Hoffman (R - Dist 12), Rep. John (R - Dist 4), Rep. Kavanagh (R - Dist 23), Rep. Nguyen (R - Dist 1), Rep. Nutt (R - Dist 14), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Pingerelli (R - Dist 21), Rep. Pratt (R - Dist 8), Rep. Roberts (R - Dist 11), Rep. Toma (R - Dist 22), Rep. Weninger (R - Dist 17), Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

2-8-21 LRR monitor

HCR2032: GOVERNMENT ORDERS; PROTECTION; WITHDRAWAL; PROHIBITION 2/3 referred to House jud.
HCR2037: PANDEMIC EMERGENCIES; SPECIAL SESSIONS

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to authorize the Legislature to call a special session to proclaim a state of emergency due to the occurrence of a public health emergency or a statewide emergency by a petition signed by a majority of the members of each house of the Legislature. If the Governor proclaims a state of emergency due to the occurrence of a public health emergency or a statewide emergency and issues an executive order that restrains the actions of any person or entity in Arizona, the Governor is required to call a special session of the Legislature by the 14th day after the Governor proclaims the state of emergency or issues the executive order, whichever is later, to address matters relating to the state of emergency and the executive order. Establishes requirements for a special session called under these circumstances. The Governor is authorized to object to any action that issues a legislative order or terminates or modifies an executive order by notifying the house in which the action originated. If the Governor objects, the Legislature is required to reconsider and approve the action by a roll call vote of 60 percent of the members in each house in order to issue the Legislative order or terminate or modify an executive order. AS PASSED HOUSE

First sponsor: Rep. Kavanagh ( - Dist )


 

General Comments (all lists):

3-8 monitor

HCR2037: PANDEMIC EMERGENCIES; SPECIAL SESSIONS 4/1 from Senate appro do pass. From Senate rules okay.
HR2001: SUPPORT REENTRY; SECOND CHANCES

The members of the House of Representatives support the development and implementation of sound reentry policies that promote public safety, reduce the recidivism rate and offer offenders second chances. The members of the House of Representatives proclaim the month of April 2021 as second chance month in the State of Arizona to raise awareness of the need for policies that address collateral consequences of criminal convictions.

First sponsor: Rep. Blackman ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

HR2001: SUPPORT REENTRY; SECOND CHANCES 5/24 referred to House rules only.
S1063: ADMINISTRATIVE REVIEW OF AGENCY DECISIONS

For review of final administrative decisions of agencies that regulate a profession or occupation under Title 32 (Professions and Occupations), or specified articles in Title 36 (Public Health), which refer to nursing care institution administrators, assisted living facilities managers, midwives, hearing aid dispensers, audiologists and speech-language pathologists, the trial is required to be be de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency. In a proceeding brought by or against the regulated party, the court is required to decide all questions of fact without deference to any previous determination that may have been made on the question by the agency. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

S1063: ADMINISTRATIVE REVIEW OF AGENCY DECISIONS 4/26 signed by governor. Chap. 281, 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.
S1067: PRISONERS; DISCHARGE; TRANSITION PROGRAM

Retroactive to July 1, 2020, the statutory termination date for the Department of Corrections Transition Program is extended ten years to July 1, 2030. Effective October 1, 2021, eligibility criteria for the Program is modified to allow inmates convicted of assault, aggravated assault or robbery to participate if other eligibility criteria are met. AS SIGNED BY GOVERNOR

First sponsor: Sen. Barto ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

S1067: PRISONERS; DISCHARGE; TRANSITION PROGRAM 4/5 signed by governor. Chap. 173, Laws 2021. message
S1084: STATE OF EMERGENCY; AUTOMATIC TERMINATION

A state of emergency declared by the Governor terminates 90 days after the date on which the state of emergency is proclaimed, unless the Legislature extends the state of emergency in whole or in part by concurrent resolution. The Legislature is authorized to extend the state of emergency as many times as necessary by concurrent resolution, but any extension is limited to a period of 90 days. A state of emergency may be terminated earlier than the 90-day period by proclamation of the Governor or by concurrent resolution of the Legislature. If a state of emergency is terminated by the Legislature, the Governor is prohibited from proclaiming a new state of emergency based on the same conditions without the passage of a concurrent resolution by the Legislature consenting to the new state of emergency. If the Governor fails to comply with this prohibition, any citizen is authorized to apply to the superior court for a writ of mandamus to compel the Governor to comply. AS PASSED SENATE

First sponsor: Sen. Ugenti-Rita ( - Dist )
Others: Sen. Barto (R - Dist 15), Sen. Borrelli (R - Dist 5), Sen. Gowan (R - Dist 14), Sen. Kerr (R - Dist 13), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Mesnard (R - Dist 17), Sen. Pace (R - Dist 25), Sen. Petersen (R - Dist 12), Sen. Rogers (R - Dist 6), Sen. Townsend (R - Dist 16)


 

General Comments (all lists):

LRR 1/19/21: monitor

S1084: STATE OF EMERGENCY; AUTOMATIC TERMINATION 3/31 from House rules okay.
S1095: 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.

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

Supported at PA last year

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2085

S1095: REAL ESTATE; EMPLOYEES; RENT COLLECTION 2/2 from Senate rules okay.
S1101: TOURISM MARKETING AUTHORITIES

Establishes a new chapter in Title 9 (Cities and Towns) and a new chapter in Title 11 (Counties) allowing the governing body of one or more municipalities and/or of a county with a population of less than 2 million persons (all but Maricopa County) to adopt a resolution, on presentation of a petition signed by the owners of at least 67 percent of the transient lodging rooms in the geographic area, forming a tourism marketing authority to promote and enhance tourism in that geographic area. Establishes powers and duties of a tourism marketing authority, including authorization to levy an assessment of up to $5 per room on transient lodging rooms sold per night. A tourism marketing authority is governed by a board of directors, and budgeting, recordkeeping and reporting requirements for the board are specified. Establishes a process for termination of a tourism marketing authority. Emergency clause.

First sponsor: Sen. Pace ( - Dist )
Others: Sen. Bowie (D - Dist 18)


 

General Comments (all lists):

LRR 1/19/21: support

PA 1-29-21: Approved SUPPORT

Mirror 2161

S1101: TOURISM MARKETING AUTHORITIES 3/4 retained on Senate COW calendar.
S1104: CAMPAIGN FINANCE; CONTRIBUTION; DISCLOSURES; ITEMIZATION

The information that must be included in campaign finance reports is modified to to include contributions from out-of-state individuals, including identification of the contributor's occupation and employer, and to require itemized reporting on contributions from in-state individuals whose contributions exceed $100, increased from $50, for that election cycle. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

S1104: CAMPAIGN FINANCE; CONTRIBUTION; DISCLOSURES; ITEMIZATION 3/30 signed by governor. Chap. 154, 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
S1116: STATE PERMITTING DASHBOARD

Requires the Governor to appoint a State Permitting Director to establish and maintain an online database called the Permitting Dashboard that displays the progress to completion for state authorizations for "participating projects" (defined). The Director is required to coordinate with a list of specified state agencies and any other agency that requires authorization for a participating project. Information that may be displayed on the Permitting Dashboard is listed. A project sponsor of an "eligible project" (defined as an activity in Arizona that requires authorization by an agency, that is subject to applicable state environmental laws, that is likely to require a total construction investment of more than $25 million, and that meet other specified requirements) is authorized to submit to the Director a notice that the project sponsor is initiating a proposed project, and information that must be included in the notice is established. No later than 30 days after receipt of the notice, the Director is required to determine whether the proposed project qualifies as an eligible project and whether to include it as a participating project in the Permitting Dashboard. No later than 45 days after the determination, each agency identified by the project sponsor is required to submit to the Director all anticipated authorizations required for the participating project, including the target completion time for each step required. Agencies cannot require an eligible project to participate in the Permitting Dashboard. Establishes a process for resolution of disputes relating to the permitting timetable. These provisions self-repeal January 1, 2029. The Director is required to submit a report of findings and recommendations from administering the Permitting Dashboard to the Governor and the Legislature by December 1, 2022.

First sponsor: Sen. Gowan ( - Dist )
Others: Rep. Wilmeth (R - Dist 15)


 

General Comments (all lists):

Last year: Discussed in committee, no PA position

LRR 1/19/21: monitor

S1116: STATE PERMITTING DASHBOARD 3/31 from House appro with amend #4969.
S1137: 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.

First sponsor: Sen. Borrelli ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: support

AEW 1/20/21: Support

PA 1-29-21: Approved SUPPORT

Mirror 2036

S1137: ELECTRIC COOPERATIVES; BROADBAND SERVICE; FEES 1/26 from Senate rules okay.
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
S1151: CONTRACTS; LICENSURE REQUIREMENTS; EXEMPTION; EXCLUSION

The list of state laws that a party to a contract between two or more private parties may be exempt from under specified conditions is modified to remove statutes governing private postsecondary education. AS SIGNED BY GOVERNOR

First sponsor: Sen. Shope ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: monitor

S1151: CONTRACTS; LICENSURE REQUIREMENTS; EXEMPTION; EXCLUSION 3/24 signed by governor; Chap. 124, 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
S1175: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES

Without express legislative authorization, the Arizona Corporation Commission (ACC) is prohibited from adopting or enforcing a policy, decision or rule that directly or indirectly regulates the types of "critical electric generation resources" (defined) used or acquired by public service corporations within Arizona's energy grid. Does not apply to any policy, decision or rule adopted before June 30, 2020. Does not prohibit the ACC from setting electricity rates for public service corporations. Contains legislative findings. Retroactive to June 30, 2020.

First sponsor: Sen. Kerr ( - Dist )
Others: Sen. Gowan (R - Dist 14), Sen. Gray (R - Dist 21), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Shope (R - Dist 8)


 

General Comments (all lists):

AEW 1/20/21: Monitor

2-12 PA Oppose

S1175: CORPORATION COMMISSION; ELECTRIC GENERATION RESOURCES 3/4 retained on Senate COW calendar.
S1217: SECURITIES; EXEMPT TRANSACTIONS

The list of classes of transactions that are exempt from specified securities regulations is expanded to include transactions by an issuer, its parent or subsidiary companies, and their respective directors, managers, general partners, officers and employees acting as such to offer or sell securities of the issuer pursuant to specified federal code, in which the sum of the aggregate offering price and aggregate sales does not exceed $75 million, including up to $22.5 million offered by all selling securityholders that are affiliates of the issuer. AS SIGNED BY GOVERNOR

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1217: SECURITIES; EXEMPT TRANSACTIONS 3/24 signed by governor; Chap. 125, Laws 2021. message
S1218: NONHEALTH PROFESSIONS; OCCUPATIONS; REGULATIONS

The state may regulate a profession or occupation only if there is credible evidence of harm that the unregulated practice threatens the public health, safety or welfare. Regulation cannot be imposed for the exclusive purpose of protecting a profession or occupation from economic competition. Each committee of reference (COR) that reviews an agency that administers an "occupational regulation" (defined elsewhere in statute) is required to consider a specified list of factors in determining the need for continuation or termination of the agency, including the extent to which failure to regulate a profession or occupation will result in the loss of insurance, an impact to the ability to practice as required by federal law, or the loss of constitutionally afforded practices. The list of possible recommendations that the sunset review report from the COR is required to include is expanded to include recommendations that the Legislature repeal the occupational license, convert the license to a less restrictive regulation, or instruct the state agency to seek legislation or adopt rules to reflect the COR's recommendation to impose less restrictive regulations, change the requisite personal qualifications, or redefine the scope of practice. AS SIGNED BY GOVERNOR

First sponsor: Sen. Pace ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1218: NONHEALTH PROFESSIONS; OCCUPATIONS; REGULATIONS 4/5 signed by governor. Chap. 176, Laws 2021. message
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
S1258: STATE OF EMERGENCY; TOLLING; PERMITS

A state of emergency proclamation issued by the Governor in response to an event that causes the state or a county or municipality to alter or limit "ordinary government operations" (defined) tolls the period remaining to exercise the rights under any permit, license, approval or other authorization issued by the Department of Environmental Quality or a county or municipality for the duration of the state of emergency proclamation and extends the period remaining to exercise those rights for an additional six months after the tolling period. Does not apply to a list of specified permits and licenses. Emergency clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1258: STATE OF EMERGENCY; TOLLING; PERMITS 4/9 signed by governor. Chap. 212, Laws 2021. message
S1268: LABOR ORGANIZATIONS; FIDUCIARY GUIDELINES; DISCLOSURE

To the extent allowed under federal law, a labor organization that collects benefit monies or union dues is subject to similar fiduciary guidelines as required by employers or third-party administrators providing benefits to employees in Arizona, including disclosing an annual statement with specified financial information and regulations relating to benefits. Labor organizations cannot accept dues or benefits contributions for employees that have not voluntarily joined the labor organization. An individual cannot be considered a member of a labor organization or have any union dues or benefits withheld without the individual's affirmative written consent. Employees and employers are prohibited from paying any penalty or fee related to the employee's abstention or resignation from labor organization membership. Applies to any labor organization that is collecting benefit monies or union dues on behalf of an Arizona resident or an employer that is domiciled within Arizona. Does not apply to labor organizations for employees working for the state, a political subdivision of the state, or federal governments. Severability clause. AS SIGNED BY GOVERNOR

First sponsor: Sen. Petersen ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1268: LABOR ORGANIZATIONS; FIDUCIARY GUIDELINES; DISCLOSURE 5/7 signed by governor. Chap. 347, Laws 2021. message
S1378: OFFICE OF SONORA; CONTINUATION

The statutory life of the Office of Sonora is extended eight years to July 1, 2029. Retroactive to July 1, 2021. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1378: OFFICE OF SONORA; CONTINUATION 3/26 signed by governor; Chap. 146, Laws 2021. message
S1459: AGENCY DECISIONS; ADMINISTRATIVE REVIEWS

Deletes the exemption from judicial review of administrative decisions for the Arizona Corporation Commission (ACC). ACC decisions are subject to de novo court review, with some exceptions. AS SIGNED BY GOVERNOR

First sponsor: Sen. Petersen ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1459: AGENCY DECISIONS; ADMINISTRATIVE REVIEWS 5/4 signed by governor. Chap. 316, Laws 2021. message
S1483: PET DEALERS; PROHIBITION; CATS; DOGS

A pet store or pet dealer is prohibited from obtaining for resale, selling or offering for sale a dog or cat from a person who is required to be licensed by the pet dealer regulations of the U.S. Department of Agriculture (USDA) unless the person has a USDA inspection report dated one year or less before the date of the order of the dog or cat. Violations are an unlawful practice, subject to investigation and enforcement action by the Attorney General.

First sponsor: Sen. Bowie ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1483: PET DEALERS; PROHIBITION; CATS; DOGS 1/28 referred to Senate com.
S1487: PRIVATE ATTORNEY RETENTION; MUNICIPALITIES; COUNTIES

Counties and municipalities are prohibited from entering into a contingency fee contract with a private attorney unless the county or municipal attorney makes a written determination before entering into the contract that contingency fee representation is both cost effective and in the public interest. The written determination is required to include specific findings for a list of specified factors. Counties and municipalities are prohibited from entering into a contingency fee contract that provides for the county's or municipality's private attorney to receive a contingency fee from the county's or municipality's portion of the recovery in excess of an aggregate of a list of specified percentages based on the recovery amount. The contingency fee received by the county's or municipality's private attorney cannot exceed $50 million. Establishes additional requirements for county or municipal contracts for contingency fee attorney services. Does not apply to any contingency fee contract in which a county or municipality hires a private attorney to pursue debt collection cases. By February 1 of each year, the county attorney or municipal attorney is required to submit a report on the use of contingency fee contracts with private attorneys to the Governor and the Legislature. Information that must be included in the report is specified.

First sponsor: Sen. Leach ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Support

2-12 PA Support

S1487: PRIVATE ATTORNEY RETENTION; MUNICIPALITIES; COUNTIES 3/2 from Senate rules okay.
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
S1531: PETITION SIGNATURES; DESCRIPTION; INVALIDITY (PETITION SIGNATURES; DESCRIPTION; INVALILDITY)

A circulator of an initiative or referendum petition is required to either read the initiative or referendum description aloud to each person signing before that person signs or to allow the person sufficient time to read the description before the person signs. The circulator must inform the person that reading the description is required so that the person can understand the petition. Each person signing must affirm that the person has heard and understood or read and understood the description before signing the petition. For any person who signs without either hearing or reading the description, the circulator is required to draw a line through the person's signature and the signature is void and cannot be counted.

First sponsor: Sen. Mesnard ( - Dist )
Others: Sen. Leach (R - Dist 11)


 

General Comments (all lists):

2-8-21 LRR monitor

S1531: PETITION SIGNATURES; DESCRIPTION; INVALIDITY 3/29 from House gov-elect do pass.
S1636: LEGISLATIVE DRAFTING REQUIREMENTS; REPEAL

Repeals the requirement for any new program established by the Legislature to include in its enabling legislation a specific expiration date for the program that is no more than ten years after the effective date of the enabling legislation. Repeals the requirement for any new committee established by the Legislature to include in its enabling legislation a specific expiration date for the committee that is no more than eight years after the effective date of the enabling legislation. Deletes or repeals the statutory termination dates for various programs and committees. Directs legislative council to prepare conforming legislation. Retroactive to July 1, 2021. AS SIGNED BY GOVERNOR

First sponsor: Sen. Gray ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1636: LEGISLATIVE DRAFTING REQUIREMENTS; REPEAL 4/26 signed by governor. Chap. 285, Laws 2021. message
S1637: BIOLOGICAL SEX; INTERSCHOLASTIC ATHLETICS

Summary to come

First sponsor: Sen. Rogers ( - Dist )


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

S1637: BIOLOGICAL SEX; INTERSCHOLASTIC ATHLETICS 6/30 referred to Senate rules only.
S1642: DIGITAL APPLICATION DISTRIBUTION PLATFORMS; PROHIBITIONS

A proprietor of a "digital application distribution platform" (defined) for which cumulative gross receipts from sales on the platform to Arizona residents exceed $10 million in the previous or current calendar year is prohibited from requiring developers to use either a digital application distribution platform or digital transaction platform as the exclusive mode of distributing a digital product, or an in-application payment system as the exclusive mode of accepting payments from users to download a software application or purchase a digital or physical product through a software application. Any existing agreement that violates this legislation is unenforceable. The Attorney General is required to investigate violations.

First sponsor: Sen. Boyer ( - Dist )
Others: Rep. Biasiucci (R - Dist 5)


 

General Comments (all lists):

2-8-21 LRR monitor

S1642: DIGITAL APPLICATION DISTRIBUTION PLATFORMS; PROHIBITIONS 2/3 referred to Senate fin.
S1648: COVID-19 VACCINE; CONDITION OF EMPLOYMENT

A person cannot be required to take or receive or disclose whether the person has taken or received a COVID-19 vaccine as a condition of employment, entry into any business or "public space" (defined) or receipt of any service or good. Discrimination for refusing to take or receive a COVID-19 vaccine is prohibited.

First sponsor: Sen. Barto ( - Dist )
Others: Sen. Borrelli (R - Dist 5), Sen. Boyer (R - Dist 20), Sen. Gray (R - Dist 21), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Petersen (R - Dist 12)


 

General Comments (all lists):

2-8 LRR recommends Oppose

2-12 PA Oppose

S1648: COVID-19 VACCINE; CONDITION OF EMPLOYMENT 2/3 referred to Senate com.
S1714: CAMPAIGN EXPENDITURES; OUT-OF-STATE; DISCLOSURES

A political action committee that makes an expenditure for an advertisement is required to include a disclosure stating the aggregate percentage of out-of-state contributors as calculated at the time the advertisement was distributed for publication, display, delivery or broadcast. The disclosure must be displayed in a height that is at least ten percent of the vertical height of the advertisement, sign or billboard, or must be clearly readable if the advertisement is delivered electronically. AS SIGNED BY GOVERNOR

First sponsor: Sen. Mesnard ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

S1714: CAMPAIGN EXPENDITURES; OUT-OF-STATE; DISCLOSURES 5/21 signed by governor. Chap. 379, 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
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.
S1797: FANTASY SPORTS BETTING; EVENT WAGERING

Numerous changes to statutes relating to gaming. Establishes a new chapter in Title 5 (Amusements and Sports) regulating "fantasy sports contest" (defined), conditionally enacted on each Indian Tribe with a gaming facility in Pima County and in the Phoenix metropolitan area entering into a 2021 Gaming Compact Amendment and publishing in the federal register notice of the U.S. Secretary of the Interior's approval or approval by operation of law. An individual who is licensed by the Arizona Department of Gaming (ADG) is authorized to offer one or more fantasy sports contests if specified conditions apply, including that the individual collects no more than $10,000 in total entry fees for all fantasy sports contests offered in a calendar year, at least 95 percent of which are awarded to the fantasy sports contest players. Establishes requirements for licensure, authorizes ADG to adopt rules related to conducting fantasy sports contests, and establishes penalties for violations. Individuals who are under 21 years of age are prohibited from participating in a fantasy sports contest. Establishes a list of prohibited actions for licensed fantasy sports contest operators and prohibits fantasy sports contests from being offered on a kiosk or machine open to public use. ADG is required to establish a fee for the privilege of operating fantasy sports contests that is not less than the highest percentage of revenue share that an Indian Tribe pays to Arizona pursuant to the tribal-state gaming compacts and any amendments. ADG is authorized to use up to 10 percent of fee monies for the costs of regulating fantasy sports contests and is required to transfer the remaining monies to the general fund. An Indian Tribe that lawfully conducts class III gaming pursuant to a tribal-state gaming compact with Arizona is authorized to offer and conduct fantasy sports contests, directly or through a third-party operator, without applying for or holding a license if all activities of the fantasy sports contest occur within the boundary of its Indian lands and the Indian Tribe complies with any regulations that are included in the compact. Establishes a new chapter in Title 5 (Amusements and Sports) regulating "event wagering" (defined), conditionally enacted on each Indian Tribe with a gaming facility in Pima County and in the Phoenix metropolitan area entering into a 2021 Gaming Compact Amendment and publishing in the federal register notice of the U.S. Secretary of the Interior's approval or approval by operation of law. Establishes powers and duties of ADG to enforce event wagering statutes. Event wagering may be conducted only to the extent that it is conducted in accordance with this legislation, and a person is prohibited from offering any activity in connection with event wagering in Arizona unless all necessary licenses have been obtained in accordance with federal and state law and any applicable ADG rules. Does not apply to event wagering conducted exclusively on Indian lands by an Indian Tribe operated in accordance with a tribal-state gaming compact and any amendments. ADG is authorized to issue up to 10 event wagering operator licenses to applicants other than an Indian Tribe and up to 10 event wagering operator licenses to Indian Tribes in Arizona that have signed the most recent Tribal-State Gaming Compact and any applicable amendments. Establishes requirements for licensure as an event wagering operator. A license authorized an event wagering operator to offer event wagering through a facility within a 5-block radius of the operator's sports facility and event wagering through a mobile platform as specified by ADG. Establishes provisions for license revocation, suspension or denial. An event wagering operator is authorized to partner with a racetrack enclosure or additional wagering facility that holds a racing permit to obtain a limited event wagering license for event wagering only at one specific physical location. ADG is allowed to issue a total of up to 10 limited event wagering licenses. Management services providers are required to obtain a license from ADG and are authorized to contract with an event wagering operator or operators. ADG is required to establish and collect application and license fees. ADG is required to establish bond in escrow, cash on hand, and insurance requirements for licensees. Establishes a list of prohibited wagers. ADG is required to establish a fee for the privilege of operating event wagering that is not less than the highest percentage of revenue share that an Indian Tribe pays to Arizona pursuant to the tribal-state gaming compact. ADG is authorized to use up to 10 percent of fee monies for the costs of regulating fantasy sports contests and is required to transfer the remaining monies to the general fund. Fantasy sports contest operators and event wagering operators are required to allow problem gamblers to voluntarily exclude themselves and to develop and maintain a program to mitigate and curtail compulsive play or compulsive gambling. After the conditions for enactment of this legislation are met, the Arizona State Lottery Commission is authorized to establish and operate a single "electronic keno game" and a single "mobile draw game" on a centralized computer system controlled by the lottery that allows a player to place wagers, view the outcome of a game and receive winnings over the internet, including on personal electronic devices. An electronic keno game may be operated only within an "authorized keno location" (defined as a physical facility with a specified gaming license that is a fraternal organization, veterans' organization, racetrack enclosure, or wagering facility where pari-mutuel wagering is conducted). If the electronic keno game is to be played on personal electronic devices, players must be geographically restricted by means of geofencing to authorized keno locations. Establishes limits on the number of authorized keno locations and the frequency of electronic keno game draws and prohibits certain user interface depictions. Establishes the 2021 Compact Trust Fund is established for the exclusive purposes of mitigating impacts to Indian Tribes from gaming authorized by the "2021 Gaming Compact Amendment" (defined) and providing economic benefits to beneficiary tribes, including those with an effective gaming compact that includes the 2021 amendments and do not engage in gaming. Contains a legislative intent section. Emergency clause.

First sponsor: Sen. Shope ( - Dist )
Others: Sen. Borrelli (R - Dist 5), Rep. Weninger (R - Dist 17)


 

General Comments (all lists):

2-8-21 LRR monitor

S1797: FANTASY SPORTS BETTING; EVENT WAGERING 4/12 Senate COW approved with amend #4371 and flr amend #5028.
SCR1001: STATE OF EMERGENCY DECLARATION; TERMINATION

The Legislature declares that the Declaration of Emergency issued by the Governor on March 11, 2020 due to the COVID-19 outbreak is terminated. The Secretary of State is directed to transmit a copy of this resolution to the Governor.

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


 

General Comments (all lists):

LRR 1/19/21: monitor

PA 1-29-21: Approved OPPOSE

SCR1001: STATE OF EMERGENCY DECLARATION; TERMINATION 3/4 Senate COW approved.
SCR1002: APPOINTMENT OF PRESIDENTIAL ELECTORS

The Legislature appoints the following individuals as presidential electors for the State of Arizona for the presidential election of 2020, notwithstanding any other certification or provision of law: Tyler Bowyer, Nancy Cottle, Jake Hoffman, Anthony Kern, Jim Lamon, Robert Montgomery, Sam Moorhead, Loraine Pellegrino, Greg Safsten, Kelli Ward, Mike Ward.

First sponsor: Sen. Townsend ( - Dist )


 

General Comments (all lists):

LRR 1/19/21: oppose

PA 1-29-21: Approved OPPOSE

SCR1002: APPOINTMENT OF PRESIDENTIAL ELECTORS 6/30 referred to Senate rules only.
SCR1003: EXECUTIVE ORDERS; EMERGENCIES; REAUTHORIZATION; TERMINATION

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to terminate a state of emergency declared by the Governor 30 days after the date on which the state of emergency is proclaimed, unless the Legislature extends the state of emergency by concurrent resolution. Does not apply to a state of war emergency. A state of emergency may be terminated earlier than the 30-day period by proclamation of the Governor or by concurrent resolution of the Legislature. If a state of emergency is not extended by the Legislature, the Governor is prohibited from proclaiming a new state of emergency arising out of the same conditions. AS PASSED SENATE.

First sponsor: Sen. Petersen ( - Dist )
Others: Sen. Barto (R - Dist 15), Rep. Biasiucci (R - Dist 5), Rep. Blackman (R - Dist 6), Sen. Borrelli (R - Dist 5), Rep. Bowers (R - Dist 25), Sen. Boyer (R - Dist 20), Rep. Carroll (R - Dist 22), Rep. Cobb (R - Dist 5), Sen. Fann (R - Dist 1), Rep. Fillmore (R - Dist 16), Rep. Finchem (R - Dist 11), Sen. Gowan (R - Dist 14), Rep. Grantham (R - Dist 12), Sen. Gray (R - Dist 21), Rep. Hoffman (R - Dist 12), Rep. John (R - Dist 4), Sen. Leach (R - Dist 11), Sen. Livingston (R - Dist 22), Sen. Mesnard (R - Dist 17), Rep. Nutt (R - Dist 14), Sen. Pace (R - Dist 25), Rep. Parker (R - Dist 16), Rep. Payne (R - Dist 21), Rep. Roberts (R - Dist 11), Sen. Rogers (R - Dist 6), Rep. Udall (R - Dist 25), Sen. Ugenti-Rita (R - Dist 23)


 

General Comments (all lists):

LRR 1/19/21: monitor

SCR1003: EXECUTIVE ORDERS; EMERGENCIES; REAUTHORIZATION; TERMINATION 6/30 Senate concurred in House amendments and FAILED on final reading 13-15.
SCR1010: LEGISLATIVE SPECIAL SESSION; EMERGENCIES

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to require the Governor, when declaring a state of emergency, to call a special session of the Legislature to address matters relating to the state of emergency. The call to special session must be issued at the same time the Governor declares the state of emergency, and the special session must be held for the duration of the state of emergency. During the special session, each house of the Legislature is permitted to recess or adjourn for any period of time it deems necessary. AS PASSED SENATE

First sponsor: Sen. Townsend ( - Dist )
Others: Sen. Borrelli (R - Dist 5), Sen. Rogers (R - Dist 6)


 

General Comments (all lists):

LRR 1/19/21: monitor

SCR1010: LEGISLATIVE SPECIAL SESSION; EMERGENCIES 6/30 FAILED House 27-27.
SCR1014: AUTOMATIC TERMINATION; STATE OF EMERGENCY

The 2022 general election ballot is to carry the question of whether to amend state statute to terminate a state of emergency declared by the Governor 21 days after the date on which the state of emergency is proclaimed, unless the Legislature extends the state of emergency by concurrent resolution. A state of emergency may be terminated earlier than the 21-day period by proclamation of the Governor or by concurrent resolution of the Legislature. If a state of emergency is not extended by the Legislature, the Governor is prohibited from proclaiming a new state of emergency based on the same or substantially similar facts and circumstances without the passage of a concurrent resolution by the Legislature consenting to the new state of emergency. If the Governor fails to comply with this prohibition, any citizen is authorized to apply to the superior court for a writ of mandamus to compel the Governor to comply.

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


 

General Comments (all lists):

LRR 1/19/21: monitor

SCR1014: AUTOMATIC TERMINATION; STATE OF EMERGENCY 2/2 from Senate rules okay.
SCR1034: VOTER PROTECTION ACT; COURT DETERMINATIONS

The 2022 general election ballot is to carry the question of whether to amend the state Constitution to exempt a measure that is found to contain illegal or unconstitutional language by the Arizona Supreme Court or the U.S. Supreme Court from the requirements of the Voter Protection Act, where any amendments to voter passed initiative or referendum measures require the affirmative vote of at least 3/4 of the members of each house of the Legislature for passage and must further the purpose of the original measure. AS SENT TO SECRETARY OF STATE

First sponsor: Sen. Leach ( - Dist )


 

General Comments (all lists):

2-8-21 LRR monitor

SCR1034: VOTER PROTECTION ACT; COURT DETERMINATIONS 6/25 House COW approved. Passed House 31-25; to election ballot.