Legislative Enactment Guide 55th Arizona Legislature - Second Regular Session
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F Legislative Enactment Guide 55th Arizona Legislature Second Regular Session
2
The Arizona Association of Counties (AACo) is the only state organization that represents all of the county
officials and the governments they serve in the State of Arizona. Founded in 1968, AACo provides essential
services to the state's counties. AACo advances issues with the state and federal government, improves the public
understanding of county government, assists counties in finding and sharing innovative solutions through education
and research and provides value-added services to save counties and taxpayers money.
Leader: We're on the forefront of county needs, providing proactive,
About AACo member-driven leadership and support, enabling our members to better
serve the citizens of Arizona.
Dedicated: We strive to satisfy our members. Our employees are passionately committed to meeting and
exceeding member expectations.
Accessible: We're a responsive, technologically-sophisticated organization with employees who are dedicated
to meeting the growing needs of county government.
Competitive: We offer comprehensive, attractively priced services driven by member needs, with a history of
both proven performance and stability. We work to identify opportunities to pool county resources to save
money and improve purchasing power.
Expert: We possess experience and expertise in every aspect of county government. We're a knowledgeable
and reliable resource on legal, legislative and regulatory issues affecting county government. Our advocacy,
education and cost-reduction programs are credible and relevant.
Dependable: We're bound by duty and respect for the counties we serve; recognizing at all times that we're
judged on how fairly and successfully we meet our obligation to our members.
Enduring: Through our representative "voice of county government" in Phoenix, we ensure that Arizona's counties
remain relevant to the needs of their communities. We can be relied upon in times of need. We have the
strength, stability and depth of experience to accomplish our mission.3
This publication contains brief summaries, arranged by subject, of new laws that were enacted during the First
Regular Session of Arizona’s 55th Legislature.
The general effective date for most new laws is September 24th, 2021.
(90 days after adjournment sine die). However, some bills
contain an alternate effective date that is noted beside the bill’s title.
About This Guide
These brief summaries are provided to help guide county officials to the full text of these new laws. Every
attempt is made to ensure the accuracy of the summaries; however, we recommend a review of the measure in its
entirety before enforcement or implementation. To facilitate your review of the adopted legislation, the online
version of this publication contains active hyperlinks to online copies of adopted legislation in the title of each
summarized bill.
A table of contents organizes the bill summaries into subject area categories.
Copies of the new laws are available at the Arizona Legislative Information Service (ALIS) website:
www.azleg.gov. You may also contact AACo to obtain a copy.
If you have any questions about a bill, please contact us at (602) 252-6563 at extensions 224 or 225.
General Session Statistics – 55th Legislature: Second Regular Session
Commenced – January 11, 2021 Total Measures Introduced: 2,003
Sine Die – 6/25/2020 Total Measures Passed: 414
Length of Session – 166 Days Measures to become law: 394
Vetoes: 44
Table of Contents
County Government Platform 5 General Local Government 43
2022 Legislative Policy Committee 5 General State Government 47
Bills Enacted this Session Professions & Occupations 58
2022 County Government Platform 6 Property 62
Agriculture & Water 9 Public Finance & Taxation 65
Budget 10 Public Health & Welfare 68
Business Practices & Insurance 15 Salary, Benefits & Retirement 79
Court System & Practice 20 Special Districts 81
Criminal Justice & Law Enforcement 24 Transportation 82
Education 32 Veterans & Military Affairs 86
Elections 38 Vetoes 88
Environment, Energy & Land Use 41 Resolutions to the Secretary of State 90
Professional
Staff
Jen Marson Megan Kintner Gideon Wagner Ryan Boyd
Executive Director Senior Legislative Finance & Event Legislative
Associate Manager Associate5
Arizona’s county officials provide regional leadership over critical policy areas, including policies necessary to ensure safe
communities, protect public safety and access to justice, fiduciary oversight of public education, land valuation and
property taxation, promote economic development, and plan and manage land use for sustainable development. County
officers also provide oversight of county operations, including overseeing strategies to promote sound fiscal management
and to develop a high-quality county government workforce.
County Government For more than 40 years, AACo has served as the only
non-partisan forum for all elected county officials to
address important issues facing local constituents,
Platform providing a mechanism to share information and to
develop a proactive state and federal policy agenda.
AACo membership includes the more than 300 elected county officials from Arizona’s 15 counties. The association’s efforts
are strengthened by the participation of top-level county professional staff that provide technical expertise necessary to
inform policy decisions.
The AACo Board of Directors provides input into organizational strategy and the evaluation of operational performance.
The Board annually elects five members to serve in AACo leadership positions. The Association relies upon the service of a
Legislative Policy Committee (LPC). The LPC evaluates legislative measures and makes policy recommendations to the full
Board.
2022 Legislative Policy Committee
The Hon. Leslie Hoffman The Hon. Kent Volkmer The Hon. David Rhodes
Chair & Past President of AACo Representative, County Attorneys Representative, Sheriffs
The Hon. Michael McCord The Hon. Valerie Wyant The Hon. Dustin Williams
AACo President Representative, Superior Court Clerks Representative, School Superintendents
The Hon. Sarah Benatar The Hon. Luke Palmer The Hon. Jean Bishop
AACo 1st Vice-President Representative, Constables Representative, Supervisors
The Hon. Jeremy Ford Tiffany Anderson The Hon. Marlita Begay
AACo 2nd Vice-President Representative, Election Directors Representative, Treasurers
The Hon. David Clouse The Hon. Michelle Reagan
AACo 3rd Vice-President President, Justices of the Peace
The Hon. Judd Simmons The Hon. Robin Pouquette
Representative, Assessors Representative, Recorders6 2022 County Government Platform Below are the bills adopted as part of the County Government Platform and their final dispositions as well as links to their most recent version. HB2124 Common School Districts; Tuition; Elimination Representative Michelle Udall Allows a common school district that is not within the boundaries of a high school district and that was authorized to establish a unified school district is authorized to continue calculating its budget and equalization assistance as a common school district until a high school is built, instead of the earlier of 15 years after the unification election or until a high school is built. Allows a school district in these circumstances to retroactively adjust its budget for FY2021-22. These provisions self-repeal on July 1, 2023. Effective July 1, 2023, a high school student who resides in a common school district not within a high school district is deemed to be enrolled in the school district of attendance, and the school district of attendance is no longer allowed to charge tuition equal to the average daily membership for that student. Requires the county board of supervisors is to annually levy an additional tax in each common school district not within a high school district. Mandates that the tax must be equal to the countywide average per pupil equalization base for high school students, multiplied by the number of resident high school students in the common school district not within a high school district during the prior school year. Requires that the monies collected from the tax be added to county aid for equalization assistance for education. As session law, in FY2023-24 through FY2025-26, the Department of Education is required to accept and review requests for grant monies from the Extraordinary Special Education Needs Fund by school districts that offer high school services and that demonstrate a substantial and negative financial impact associated with accepting students with special education needs who previously had been paid through tuition and now are accepted via open enrollment. HB2179 Schools; Accounting Responsibility Plans; Counties Representative Michelle Udall Requires that a school district applying to the State Board of Education (SBE) to assume accounting responsibility file an accounting responsibility plan with their respective county School Superintendent. Mandates that a school district apply for evaluation by their respective county Treasurer before January 1 of the fiscal year preceding the fiscal year of implementation and before submitting an application to assume accounting responsibility to the SBE. Allows the country Treasurer to recommend approval or denial of accounting responsibility to SBE. Specifies that the county treasurer's evaluation must include an analysis of the computer programming required for the county to manage the school district's funds and that the county treasurer must establish acceptable standards for interface by school districts with the county treasurer on receipt of an accounting responsibility plan. This measure was signed by the Governor on April 26th, Chapter 192, Laws 2022, and is effective on the general effective
7 date. HB2228 County Jails; Education Programs; Appropriation Representative Amish Shah Increased the amount of funding provided to counties from the general fund for the cost of educating young adults in the jail system by adjusting the funding formula. The bill was incorporated into the education budget reconciliation bill (HB2866) and passed as part of the budget. HB2541Sherff’s Deputy; Detention Officer; Salary Representative Kevin Payne The goal of the bill was to provide a permanent increase in salary for Sheriff’s Deputies and Detention Officers. The bill was modified during the budget process and $53 million was included in the budget (HB2862) to provide one-time bonuses for Sheriff’s Deputies across the state. HB2573 Alternative Prosecution; Diversion; Fund; Appropriation Representative Walt Blackman The goal of the bill was to provide a one-time, $20 million appropriation to all fifteen counties to fund diversion programming for three years. The bill was modified during the budget process and a one-time appropriation of $10 million was included in the budget (HB2862) to provide funding for diversion programming in the rural counties for three years. HB2629 Property Tax Liens; Expiration Dates Representative Brenda Barton Modifies the deadlines for the county treasurer to notify the purchaser of the upcoming expiration or the expiration of a purchased property tax lien. SB1060 Survival of Action; Deceased Sheriff Senator Sonny Borrelli Repeals statute that allowed any action for the criminal activity of a sheriff or his deputies to be prosecuted against the spouse of the sheriff in the same manner as if the cause of action survived at common law.
8 SB1089 Liens; Fees; Exemptions Senator Thomas Shope Clarifies that a county recorder does not charge a fee for recording or releasing a restitution lien. SB1095/SCR1011 Property Tax Exemptions; Statutory Conformity Senator JD Mesnard Exempts the property of veterans with service or nonservice connected disabilities who are Arizona residents from taxation if the person's total assessment does not exceed $28,459. Increases the exemption limit for property of widows, widowers and persons with total and permanent disabilities from $3,000 to $4,188 if the person's total assessment does not exceed $28,459. Makes various changes to property tax statutes in order to conform to proposed changes to property tax exemptions contained in the state Constitution. Conditionally enacted on the state Constitution being amended by a vote of the people at the next general election to consolidate and reorganize provisions relating to exemptions from property taxation. SB1266 Property Tax; Administration; County Assessor Senator David Livingston Allows affidavits filed to the county assessor for the purpose of claiming a tax exemption to be submitted electronically. Requires the county assessor or other tax officer accepting an electronic affidavit or notice of claim to provide the claimant with an electronic acknowledgement of receipt. SB1267 Property; Classification; Primary Residence Senator David Livingston Modifies the definition of residential property to state that the property must be the owner's primary residence and not just used as the owner's primary residence. Clarifies that class three property must be used for residential purposes and must be occupied by the owner, or the owner's relative, as their primary residence and that class four property must be used for residential purposes. Requires a property's change of use to be physical and objectively verifiable prohibits a change in the occupant or classification of a single-family residence from constituting a change in use. SB1310 Incompetent Defendants; Dangerous; Involuntary Commitment Senator Nancy Barto Establishes new procedures regarding the commitment, detainment, conditional release and discharge of a defendant deemed incompetent, non-restorable and dangerous. Extensive bill. Outlines requirements for the
9 treatment of a committed defendant. This bill contains a delayed effective date of January 1, 2024. A $25 million appropriation was included in the budget (HB2862) to provide funding for the construction of new facilities to house and treat those impacted by this bill. SB1460 Election Law Amendments Senator Thomas Shope Makes various modifications to statutes relating to elections. Increases the time period for when a county board of supervisors must give written notice regarding a consolidated election program from 180 days to 210 days. Allows for the call of election to be posted on a counties public website and at other locations where the governing body customarily posts public notices of their public meetings if there is no newspaper of general circulation in the election district. Allows the county board of supervisors to further adjust precinct boundaries due to the redistricting of election districts as prescribed by law after October 1 of the year before the year of a general election. Requires that a voter be issued a standard ballot after presenting identification if the voter surrenders the early ballot to the precinct inspector and the voter is not otherwise required to be issued a provisional ballot. Agriculture & Water HB2182 Livestock Assistance Program; Infrastructure Projects Representative David Cook Establishes a Livestock Operator Fire and Flood Assistance Grant Program under the Arizona Department of Agriculture (AZDA) to provide grant monies to landowners and lessees of a livestock operation for infrastructure projects that are required as a result of a wildfire and associated flooding and that are either not eligible for funding from another federal or state program or are partially funded by another federal or state program. Requires AZDA to develop guidelines and criteria to implement the program, including an application process and reporting requirements for grant recipients. This bill contains an emergency clause. HB2231 Universities; Water Rights Adjudication Representative Gail Griffin Allows a university under the jurisdiction of the Arizona Board of Regents to offer pro bono assistance in a general stream adjudication of water rights to claimants who are small landowners and not represented by counsel if certain conditions are met. Prohibits a state university from representing a claimant at an evidentiary hearing or similarly contested hearing if the claimant has not settled the claim. Requires a university that offers assistance to claimants to cooperate and coordinate with the faculty of a cooperative extension in Arizona that has a program to support the economic vitality of rural communities and the use of natural resources in the communities. Requires, by November 15 of each year, a university that offers assistance to claimants to submit a copy of a written report of the university's assistance activities to the Secretary of State and the written report to
10 the Governor, the Speaker of the House of Representatives, and the President of the Senate. This bill contains an emergency clause. SB1197 WIFA Projects; Irrigation Districts Senator Thomas Shope Allows an irrigation or water conservation district to design, construct, acquire, rehabilitate, or improve water or wastewater infrastructure, related property, or a nonpoint source project with funding from the Water Infrastructure Finance Authority of Arizona (WIFA). Modifies the definition of service area of an irrigation district to prohibit the addition of additional areas containing an operating system of canals, flumes, ditches, and other works owned or operated by the irrigation district after December 31, 2027. SB1564 On-Farm Irrigation Efficiency; Fund Senator Thomas Shope Establishes the On-Farm Irrigation Efficiency Pilot Program (Pilot Program) and the On-Farm Irrigation Efficiency Fund (Fund) administered by the University of Arizona Cooperative Extension. Outlines Pilot Program and Fund requirements. SB1740 Water Infrastructure Financing; Supply; Augmentation Senator Sine Kerr Transfers the governance of WIFA from the Arizona Finance Authority (AFA) Board of Directors to the Water Infrastructure Finance Authority (WIFA) Board of Directors. Expands current powers and duties of WIFA and outlines requirements of other agencies in relation to the expansion. Restructures state funded WIFA funds and expands fund eligibility to specified entities other than water providers and fund purposes, including for water importation projects and public-private partnerships. Repeals the Drought Mitigation Board and Arizona Water Resources Advisory Board. Appropriates $3,500,000 from the state General Fund (state GF) in FY 2023 to the Arizona Department of Water Resources (ADWR) and diverts $334,000,000 from the state GF portion of transaction privilege tax (TPT) revenues in FY 2023 to the LTWAF and specified WIFA funds. Budget HB2855 Budget; Amusements; 2022-2023 Representative Regina Cobb Caps the fee for the privilege to operate fantasy sports contests at 10 percent of the fantasy sports contest operator's adjusted revenues and the fee for the privilege to operate event wagering at 10 percent of the event wagering operator's adjusted gross event wagering receipts. Specifies that any revenues collected in excess of the amount appropriated from the Fantasy Sports Contest Fund at the end of each fiscal year must be transferred to the state General Fund. Requires that 90 percent of the monies deposited in the Event Wagering Fund from the previous month to be transferred to the state GF no later than the 25th of each month. Continues to
11 require the Arizona Department of Gaming to establish and collect a regulatory assessment from each commercial racing permittee in the amount of 0.5 percent of the amounts wagered, payable from pari-mutuel pools from in-state and out-of-state live and simulcast races. HB2856 Budget; Automation; 2022-2023 Representative Regina Cobb Transfers the administration of the School Safety Interoperability Fund (Fund) and distributions for school safety programs from the State Treasurer to the Arizona Department of Administration. Specifies that monies in the Fund are continuously appropriated, rather than subject to legislative appropriation. Allows a city or town police department that establishes a school safety program to receive Fund monies. Requires a county sheriff or municipal police department's school safety program to encompass schools throughout Arizona, rather than encompass up to 800 schools that are across three different counties. Requires a city or town police department that has established a school safety program to submit a report to JLBC of all expenditures made for the school safety program in the preceding fiscal year by November 1 of each year. Renames a school safety pilot program as a school safety program. HB2857 State Budget Implementation; 2022-2023 Representative Regina Cobb Requires the Arizona Department of Administration (ADOA) to obtain insurance against loss on actual or suspected data breaches, security system breaches, or security incidents for select agencies, boards, and commissions. Establishes the Cyber Risk Insurance Fund within ADOA. Establishes the Major Events Fund to support the planning and operation of the competitive bid process for major events in coordination with the Office of Tourism and authorizes the Arizona Commerce Authority to make grants to local organizing committees for the operating costs of major events. HB2858 Budget; Capital Outlay; Appropriation; 2022-2023 Representative Regina Cobb Makes various appropriations for capital expenditures for fiscal year 2022-2023. Appropriates $37.6 million from the general fund and $16 million from the Capital Outlay Stabilization Fund to the Arizona Department of Administration (ADOA) for major maintenance and repair activities for state buildings. Appropriates $470.4 million from the State Highway Fund in FY2022-23 to the Arizona Department of Transportation (ADOT) for statewide highway construction. Appropriates $400 million to widen Interstate 10 from the State Highway Fund. Appropriates $25 million from the general fund in FY2022-23 to ADOT for the Loop 101 slip ramp access project. HB2859 Budget; Courts; 2022-2023 Representative Regina Cobb Increases the number of judges on the Division I Court of Appeals, the number of judges on the Division II Court of Appeals and the amount of employee-related expenditures for justices of the peace that are paid by the state.
12 Authorization for the Supreme Court to use up to $2.6 million over the combined fiscal years to design, implement, and upgrade a new appellate case management system is extended through FY2022-23. HB2860 Budget; Criminal Justice; 2022-2023 Representative Regina Cobb Requires the Arizona Department of Corrections to establish a community treatment program for imprisoned women and their children to assist mothers and their children in developing the skills necessary to become functioning, self-sufficient families. Creates a Major Incident Division in the Arizona Department of Public Safety and establishes qualifications for the Superintendent of the Division. Modifies the monthly allocations of funds to the Criminal Justice Enhancement Fund. Establishes the State Aid for Juvenile Dependency Proceedings Fund to provide state aid to county public defenders, legal defenders, and contract indigent defense counsel for the processing of juvenile dependency cases. Allows the Attorney General to compensate counsel appointed in suits to enforce state or federal statutes pertaining to antitrust, restraint of trade, or price-fixing activities at a rate that exceeds $50 per hour. HB2861 Budget; Environment; 2022-2023 Representative Regina Cobb Makes various changes related to environmental programs that affect the state budget. Establishes the Water Infrastructure and Commerce Grant Fund to provide grants to eligible entities for contracting for the design and construction of water infrastructure. Requires the Director of the Arizona Department of Water Resources to establish by rule permit fees sufficient to administer a direct potable reuse of treated wastewater program no later than December 31, 2024. Allows the Arizona Department of Environmental Quality (ADEQ) to use up to $6.53 million from the Underground Storage Tank Revolving Fund in FY2022-23 for administrative costs of ADEQ and for remediating sewage discharge issues in Naco, Arizona and other border areas of Arizona. HB2862 Budget; General Appropriations Act; 2022-2023 Representative Regina Cobb Makes various session law changes relating to general appropriations necessary to implement the FY 2023 state budget. Appropriates $10,000,000 to the Arizona Criminal Justice Coalition (ACJC) to disperse to rural counties to implement diversion programming if the counties application for funding is approved. Requires counties to report outcomes of programming to ACJC. Appropriates $25,000,000 for the construction of secure behavioral health care facilities across the state. HB2863 Budget; Health Care; 2022-2023 Representative Regina Cobb Makes various changes relating to health programs that affect the state budget. Expands the definition of eligible person for the Arizona Health Care Cost Containment System (AHCCCS) to include women who are less than one year postpartum with a family income that does not exceed 150 percent of the federal poverty guidelines. Expands the list of services that AHCCCS contractors must provide to include medically necessary
13 chiropractic services ordered by a primary care physician and performed by a licensed chiropractor, subject to approval by the federal Centers for Medicare and Medicaid Services and other specified limits. Creates the Behavioral Health Care Provider Loan Repayment Program in the Department of Health Services (DHS) to pay off portions of educational loans taken out by behavioral health care providers, and establishes Program requirements. Requires the Department of Administration to administer a three-year competitive grant program that provides an interoperability software technology solution to support rural hospitals and health care providers. Specifies county contributions for the Arizona Long-Term Care System (ALTCS), and Arizona Health Care Cost Containment System (AHCCCS) acute care and hospitalization and medical care for FY2022-23. HB2864 Budget; Higher Education; 2022-2023 Representative Regina Cobb Makes various changes related to college and university programs that affect the state budget. Establishes a new reimbursement calculation for counties that are not part of an organized community college district to reimburse a community college district for students from that county attending classes. Creates the Arizona Veterinary Loan Assistance Program and outlines program requirements. HB2865 Budget; Human Services; 2022-2023 Representative Regina Cobb Creates the Developmental Disabilities Group Home Monitoring Pilot Program in the Department of Health Services (DHS) and establishes Program requirements. The Program self-repeals January 1, 2027. During FY2022-23, the Department of Economic Security is required to screen and test each adult recipient who is otherwise eligible for Temporary Assistance for Needy Families (TANF) cash benefits and who DES has reasonable cause to believe engages in the illegal use of controlled substances. Any recipient who tests positive for the use of a controlled substance that was not prescribed by a licensed health care provider is ineligible for TANF cash benefits for one year. HB2866 Budget; K-12 Education; 2022-2023 Representative Regina Cobb Makes various changes relating to K-12 education that affect the budget. Repeals the requirement that each county board of supervisors annually levy a state equalization assistance property tax rate (SETR) and removes the subtraction of SETR distributions from state equalization assistance provided to a school district. Conforms the tax year 2022 qualifying tax rates to reflect the required truth-in-taxation rate adjustment. Establishes the Parent Oversight Committee consisting of six members who are parents of students who receive empowerment scholarship account (ESA) monies, are children with disabilities determined by an independent third party to be eligible to receive additional educational therapies or services as outlined and use ESA monies for the prescribed additional educational therapies or services permissible for children with disabilities. Directs the Parent Oversight Committee to collaborate and interact with ADE, the SBE, the Attorney General and, as appropriate, the Auditor General to review the implementation of ESA Program policies and procedures and the Program's effectiveness, the concerns of parents of students who receive ESA monies and the work of the Ombudsman-Citizens Aide on complaints associated with ESA Program administration.
14 HB2867 Budget; Local Government; 2022-2023 Representative Regina Cobb Allows counties with a population of less than 250,000 are authorized to meet any county fiscal obligation from any source of county revenue designated by the county, in an amount of up to $1.25 million, for fiscal year 2022-2023. HB2668 Budget; Management of State Buildings; 2022-2023 Representative Regina Cobb Sets the Capital Outlay Stabilization Fund rental rates for state-owned buildings in FY2022-23 at $17.87 per square foot for office space and $6.43 per square foot for storage space. Requires that the proceeds from the sale of state buildings located at 519 Beale Street in Kingman and 1919 West Jefferson Street in Phoenix be deposited in the Capitol Mall Consolidation Fund. HB2669 Budget; Procurement; 2022-2023 Representative Regina Cobb Exempts the Arizona State Library, Archives and Public Records purchases and contracts for goods and services from the Arizona Procurement Code if they are in the amount of $150,000 or less. Requires the Department of Revenue to use the competitive sealed proposal procurement process for the integrated tax system modernization project funded by the $15.8 million appropriation in the general appropriations act for FY2022- 23. HB2671 Budget; Tax; Revisions; Distributions; 2022-2023 Representative Regina Cobb Makes extensive statutory and session law changes relating to taxation necessary to implement the fiscal year 2023 state budget. Increases the cap, from $50,000,000 to $100,000,000, on the amount of prime contracting TPT revenues generated from qualifying projects that is authorized to be transferred to cities, towns and counties to fund up to 80 percent of the cost of public infrastructure improvements for the benefit of a manufacturing facility. Requires ADOR to assess and collect fees from counties, cities and towns that receive state shared revenues, the Maricopa County council of governments, and the Maricopa County and Pima County regional transportation authorities to implement an integrated tax system modernization project at ADOR from July 1, 2022, through June 30, 2028. HB2972 Budget; Transportation; 2022-2023 Representative Regina Cobb Allows the Supreme Court is authorized to lease or purchase motor vehicles for use by court personnel in furtherance of the supervision over all courts in Arizona, including probation services. Establishes the State Court Fleet Operations and Replacement Fund, the Arizona Game and Fish Department Fleet Vehicle Replacement Fund, the Arizona Game and Fish Department Fleet Operations Fund, and the State Match Advantage for Rural
15 Transportation Fund. Excludes the Arizona Department of Transportation from participation in the state motor vehicle fleet, and renames the Transportation Department Equipment Fund as the the Department Fleet Operations Fund. Business Practices & Insurance HB2024 Alkaline Hydrolysis; Facilities; Operators; Licensure Representative Michelle Udall Establishes regulation and licensure requirements for alkaline hydrolysis facilities and operators. Allows the Board of Funeral Directors and Embalmers to determine amounts for specified fees for alkaline hydrolysis facility licenses, operator licenses and permits. HB2103 Trademarks; Service Marks; Trade Names Representative Gail Griffin Requires a trademark registration form to include a statement that the applicant has conducted a search and found that the trademark or service mark and is easy to comprehend. Also requires a trademark registration form to include a statement whether the applicant has previously sought to register the mark with the U.S. Patent and Trademark Office, and if denied, the reasons for denial. HB2120 Workers’ Compensation; Injury Reports Representative Steve Kaiser Narrows the injuries that are reported by employers and physicians to those requiring medical treatment. Requires any experience rating adjustment to be applied to reduce the impact of the loss in the employer's experience modification calculation for claims involving medical-only loss. Allows the U.S. Occupational Safety and Health Administration (OSHA) to determine if employees are in danger from toxic substances and that emergency standards or regulations are necessary. HB2144 Health Insurance Coverage; Biomarker Testing Representative Regina Cobb Mandates a health or disability insurer that issues, amends, or renews a subscription contract or insurance policy on or after January 1, 2023 to provide coverage for biomarker testing for the purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of a subscriber's disease or condition when the test provides clinical utility as demonstrated by medical and scientific evidence. Requires insurers to guarantee that coverage is provided in a manner that limits disruptions in care. Requires that the Arizona Health Care Cost Containment System Administration and its contractors to provide biomarker testing for the same purposes.
16 HB2272 Insurance; Secondary Sources Representative Jeff Weninger Clarifies that a secondary source on insurance, including any legal treatise or scholarly publication, does not constitute Arizona law or public policy and is not authoritative if the secondary source purports to create, eliminate or alter a cause of action, right or remedy or conflicts with the U.S. or Arizona Constitution, Arizona law, Arizona case law, or Arizona adopted common law. HB2323 Homeowner’s Insurance; Dogs; Nondiscrimination Representative John Kavanagh Prohibits the breed of a dog from being considered in findings of facts or conclusions of law entered by a legal decision-maker regarding whether a dog is aggressive or vicious or has created liability for a dog bite. Stipulates that the breed of a dog may not be the sole factor considered or used for the underwriting or actuarial processes for determining liability, risk or actual or potential losses related to claims involving dogs under a policy of insurance or surveys, questionnaires or other means of gathering information regarding possession, ownership or the presence of a dog on premises insured or to be insured under a policy of insurance. Only applies to new policies of insurance and renewed policies of insurance issued beginning July 1, 2023. HB2585 Motor Carrier; Safety Improvement Representative Jeff Weninger Prohibits the deployment, implementation or use of safety improvement by or as required by a motor carrier or its related entities, including by contract, from being considered when evaluating a person's status as an employee, independent contractor or jointly employed employee under any state law. Defines safety improvement to mean any device, equipment, software, technology, procedure, training, policy, program or operational practice intended and primarily used to improve or facilitate compliance with traffic safety or motor carrier safety laws, safety of a motor vehicle, safety of the operation of a motor vehicle or safety of third-party users of a public highway. Defines motor carrier as a person who operates or causes to be operated a commercial motor vehicle on a public highway. HB2385 Motor Carrier; Safety Improvements Representative Jeff Weninger An employer is prohibited from considering a motor carrier's use of safety improvement when evaluating a person's status as an employee, independent contractor, or jointly employed employee under any state law. HB2586 Electric Charging Providers Representative Jeff Weninger Specifies that services engaged by companies to charge batteries for electric vehicles do not qualify electric charging providers as public service corporations. Allows fees to be assessed for other services, in addition to the quantity of electrical energy sold and based on time measurement, a fixed fee or both. Defines electric charging
17 providers as entities that offer the use of specialized equipment for the specific purpose of charging batteries for electric vehicles and sell electricity for the purpose of charging batteries for electric vehicles by kilowatt hour or by megajoule. HB2660 Liquor; Licensing; Processes; Procedures Representative Jeff Weninger Allows an owner of a regional shopping center and an on-sale spirituous liquor licensee to apply for an extension of premises. Makes the retail licensees that are subject to the extension are responsible for compliance. Creates a process for a bar or liquor store licensee to decline to lease its mixed cocktails privileges. Makes various changes to liquor statutes relating to Farm Winery Licenses and liquor sales. HB2679 Employment Discrimination; Sexual Harassment; Definition Representative Justin Wilmeth Modifies the definition of employer to include a person who has one or more employees, in the current or preceding calendar year, to the extent that the person is alleged to have discriminated against anyone for opposing sexual harassment or making a charge, testifying, assisting or participating in any manner in an investigation, proceeding or hearing arising from sexual harassment. HB2698 Insurance; Assignment of Benefits Representative Teresa Martinez Allows insurers acting as an insurer or performing administrative services to receive payment for benefits as an assignee to an assignment of benefits. SB1021 Health Care Liens; Limitation Senator Michelle Ugenti-Rita Outlines health care provider lien and assignment restrictions and compromise requirements. Specifies health care provider liens and county assignments are subject to prescribed restrictions. Exempts one-third of any third-party judgment, settlement or award from any authorized lien or assignment, specifies the lien amount exemption and contract provision requirement do not apply if specified exceptions are met and allows a health care provider to enforce an authorized lien or assignment for all amounts the patient is personally responsibility including outstanding coinsurance, copayments and deductibles. Clarifies that the contract must expressly allow the health care provider to assert an authorized lien or assignment if the injured person is covered under a health insurance or medical benefit plan and the provider has a valid and binding contract with that insurer or plan as an in- network provider, and without that contract provision the lien or assignment is invalid and unenforceable. Applies to liens that are filed for services that are provided beginning January 1, 2023.
18 SB1118 Insurance; Fees; Consent; Limits Senator David Livingston Makes extensive changes to statutes relating to insurance. Authorizes insurers to file for Medicare supplement rates that include an early enrollment discount and requires an early enrollment discount to diminish over a period of time. Removes requirements that an insurer provide a certificate of creditable coverage or to comply with statutory reporting requirements if the federal laws that require a certificate of creditable coverage are superseded by the prohibition on preexisting condition exclusions. Removes statute prohibiting an agent for a title insurer from adopting a corporate or business name containing the words title insurance or similar without agent or agency. Allows title insurers to authorize the use of their corporate name or portion of the name to a title insurance agency. SB1166 Public Employers; Union Contracts Senator Vince Leach Clarifies that a public employer may not spend public monies for union activities. Prohibits a public employer from entering into an employment contract with a public employee to engage in union activities or provide any form of compensation for engaging in union activities. Voids an employment contract that is in violation of the prohibition on engaging in union activities. Provides any Arizona resident and the Attorney General with the ability to file suit against a public employer if public monies and employees are being utilized for union activities. Awards reasonable attorney fees and costs to the prevailing party that brought the action against the public employer. SB1204 Mortgage Brokers; Bankers; Qualifications Senator Tyler Pace Allows a responsible individual of mortgage brokers and bankers to reside out-of-state if the responsible individual meets specified criteria. Aligns generally accepted accounting principles outlined in statute with the principles issued by the Financial Accounting Standards Board or the international financial reporting standards issued by the International Accounting Standards Board. SB1248 Beer Shipments; Coercion; Prohibition Senator David Gowan Prohibits a supplier to coerce or attempt to coerce a wholesaler to accept delivery of beer or any other commodity that the wholesaler did not order or that the wholesaler canceled. Allows a supplier to impose reasonable inventory requirements on a wholesaler if the requirements are generally applied to similarly situated wholesalers that have an agreement with the supplier. Prescribes a civil penalty ranging from $200 to $3,000 for a person who unlawfully coerces wholesalers.
19 SB1278 Labor Benefits Organization; Damages; Definitions Senator JD Mesnard Makes various changes to statute related to third-party benefits organizations. Entitles an employee to recover triple the calculated damages from a third-party benefits organization for benefits paid by the employee. Entitles an employer to recover triple the calculated damages from a third-party benefits organization for benefits incurred by the employer. Exempts a third-party benefits organization from liability for benefits if it provides a reconciliation to its member employees that contains specified information that allows an employee to determine the costs and expenses of the benefits provided by the third-party benefits organization, allows an employee to opt out of any health, pension, vacation leave or sick leave benefits and allows the employer to withhold payment to the third-party benefits organization for that particular benefits category and eliminates any penalty for an employee or employer to terminate the relationship with the third-party benefits organization. SB1394 DIFI; Business Name; Trade Name Senator David Livingston Outlines requirements for certain licensees under the jurisdiction of the Arizona Department of Insurance and Financial Institutions (DIFI) using an assumed or trade name. Specifically prohibits an enterprise or consumer lender from using an assumed name or trade name that is substantially similar to the assumed name or trade name of another licensee if it is reasonable to believe that it will cause public confusion. SB1403 Industrial Commission; Workers’ Compensation; Claim Senator David Gowan Requires than an insurance carrier or self-insured employer who receives a written notification that an injured employee intends to file a claim for compensation forward the notification of the injury and intended claim to the Industrial Commission (ICA) and inform the employee of the requirement for the employee to file a claim with the ICA. Provides that the requirement to file a claim within one year of the injury is suspended, from the date that the insurance carrier or self-insured employer received written notification of the injury and intended claim until the date that the insurance carrier or self-insured employer forwards the written notification to the ICA. Requires the ICA to notify to the employee of the employee's responsibility to file a claim with the ICA upon receiving the forwarded notification. Clarifies the additional expenses relating to a petition to reopen a claim must be incurred within 15 days before the date that the petition is filed. SB1410 Auto Glass; Repair; Penalties Senator JD Mesnard Outlines requirements for an auto glass repair or replacement facility that conducts glass replacement, repair or recalibration on a vehicle equipped with an advanced driver assistance system. Prohibits a facility from billing or charging a customer or the customer's insurance for vehicle glass repair, replacement or recalibration services that are not performed under the vehicle's manufacturer specifications. Declares that someone who violates these provisions is subject to a civil penalty of $2,500 and is subject to enforcement.
20 SB1468 Occupational Therapists; Compact Senator Nancy Barto Adopts the Occupational Therapy Licensure Compact (Compact) to allow licensed occupational therapists and occupational therapy assistants to obtain licensure in other Compact states. Creates the Occupational Therapy Compact Commission and outlines the Commissions duties. SB1494 Covid-19 Vaccine; Unemployment Insurance Senator JD Mesnard Prohibits the Department of Economic Security from disqualifying an individual from receiving unemployment insurance benefits on the basis of the individual's separation from employment if the individual was terminated from employment for not receiving a COVID-19 vaccine or COVID-19 booster shot required by the employer. Prohibits unemployment insurance benefits from being charged against an employer's account if the employer's requirement that employees receive the COVID-19 vaccine or COVID-19 booster shot is required by law. SB1580 Money Transmission; Money Transmitter License Senator David Livingston Repeals and replaces the article of statute regulating money transmission and money transmitter licensure. Establishes a list of exemptions from money transmission regulations and outlines the powers and duties of the Department of Insurance and Financial Institutions (DIFI). Allows DIFI to participate in multistate supervisory processes established between states. Prohibits a person from engaging in the business of money transmission without a license and outlines license requirements and license application requirements. Establishes various reporting requirements and requires annual audited financial statements from each licensee. Court System & Practice HB2104 Community Property Award; Convicted Spouse Representative Gail Griffin Allows a spouse making division of property payments to a convicted spouse the ability to petition the court to cancel the ongoing payment. HB2119 Civil Rights Restoration; Requirements; Process Representative Steve Kaiser Modifies notification and process requirements relating to the restoration of civil rights. Makes a person who has not previously been convicted of a felony offense eligible for the automatic restoration of their civil rights if they have successfully completed their probation and paid all victim restitution imposed. Allows a person's right to possess a firearm to be automatically restored if certain conditions are met.
21 HB2253 Threshold Amount; Fentanyl Representative Travis Grantham Sets a statutory drug threshold amount of nine grams for fentanyl or fentanyl mimetic substances. HB2484 Forcible Entry; Detainer; Filing Fee Representative Justin Wilmeth Removes the forcible entry and detainer filing fee for a defendant from the list of civil action fees. Prohibits a court from imposing or collecting a fee for filing a reply to a complaint for forcible entry or detainer. HB2485 Eviction Dismissal; Sealed Records Representative Justin Wilmeth Requires records relating to any action for eviction or a forcible entry and detainer action in which the court dismisses or rules in favor of the tenant to be sealed. HB2604 Emergency Orders of Protection; Superior Court Representative Shawna Bolick Increases the length of an order of protection from one year to two years, after service on the defendant. An emergency order of protection expires seven calendar days after issuance, instead of either at the close of the next day of judicial business or 72 hours after issuance, whichever is longer. Applies to an order of protection that is served from and after the effective date of this legislation. In counties with a population of less than 150,000 persons, a judge, justice of the peace, magistrate, or commissioner is authorized to issue emergency orders of protection by telephone only during the hours that the courts are closed. HB2722 Strategic Actions; Public Participation Representative Ben Toma Allows a person other than a state actor or intervenor to file a motion to dismiss or quash an action that involves the person's constitutional right of speech, freedom of the press, right to freely associate or right to peaceably assemble. Places the burden of establishing prima facie proof that the legal action was substantially motivated by a desire to deter, retaliate against or prevent the lawful exercise of a constitutional right on the person who files the motion to dismiss or quash an action.
22 HB2723 Civil Case Assignment; Judges Representative Ben Toma Requires the assignment of a civil case to a superior court judge in a county with a population of more than 1 million people to be done by either automated means or by a formula that is approved by the Supreme Court in an unbiased manner. Prohibits a judge from selecting or refusing to accept an assigned case unless good cause exists or a court rule or ethical consideration requires or allows for refusal. SB1069 Juvenile Dependency; Child Placement Senator Nancy Barto Modifies procedures relating to juvenile dependency and child placement. Expands the list individuals who can attend an adoption hearing to include guests of the adoptive family. Prohibits attendees from disclosing the content of testimony provided at the hearing and affirms the ability of the juvenile court to communicate relevant case information with the family court. Requires that the court appoint an attorney for a child in delinquency proceedings commencing with a petition or detention. Removes the requirement that all parties involved in a permanent guardianship proceeding consent to the permanent guardianship and allows the court to grant a permanent guardianship if all parties involved have been served notice of the permanent guardianship hearing and there are no objections. SB1075 Incompetent Defendant; Guardian Appointment; Costs Senator Nancy Barto Allows any party is allowed to request that the court appoint a guardian ad litem (GAL) to investigate if a defendant is or may be in need of a guardian, a conservator or any other protective order if the court finds that a defendant is incompetent to stand trial and that there is no substantial probability that the defendant will regain competency within 21 months. Requires a GAL who determines that protective action is appropriate to initiate and prosecute proceedings for the appointment of a guardian, a conservator or any other protective order. Mandates that a GAL receive reasonable compensation for the work performed. Allows the court to order the county to pay the reasonable compensation if the defendant is indigent. SB1079 Child Placement; Procedural Time Limits Senator Nancy Barto Prohibits procedural time limits established in the Department of Child Safety statutes from being waived, extended, or continued unless it is necessary for the full, fair, and property presentation of evidence. Only allows a continuance of a procedural time limit to be granted if the delay is in the best interest of the child and only allows for a continuance beyond 30 days if there are extraordinary circumstances. Prohibits the court from extending the procedural time limits for more than a total of 60 days within any 12-month period unless the court produces a written finding that substantial evidence exists that the additional time is in the best interest of the child. Allows the court to impose sanctions on that party if the court determines that an extension was due to a party's disclosure violation or lack of due diligence.
23 SB1114 Court-Ordered Treatment; Case Records; Confidentiality Senator Nancy Barto Prohibits a court rule or court order, case records of and case information regarding a court proceeding brought under statutes governing court-ordered mental health evaluation and court-ordered mental health treatment from being open to public access or inspection. Allows the court to release these case records and case information for good cause show. Also allows the Supreme Court to adopt rules to govern the access to the case records and case information. SB1157 Asbestos Claims; Required Information; Liability Senator Vince Leach Requires a plaintiff to file a sworn statement within 30 days after any asbestos action is filed in any action involving a personal injury claim arising from exposure to asbestos. Mandates that the sworn statement specify the facts that provide the basis for each claim against each defendant and must include all of a list of specific information. Requires the court to dismiss a plaintiff's claim without prejudice if the plaintiff fails to comply with these requirements on the motion of a defendant. This bill only applies to personal injury claims arising from exposure to asbestos that are filed on or after the effective date of this legislation. SB1323 Third Party Rights; Adopted Child Senator Thomas Shope Clarifies that in a legal decision-making and parenting time determination, an adopted child may be treated as if born in lawful wedlock only if the child is adopted jointly by parents who are married to one another. SB1363 Foreign-Country Judgements; Applicability Senator JD Mesnard Clarifies that existing law does not prevent the recognition of a foreign-country judgment outside the scope of existing law. SB1383 Dissolution of Marriage; Annulment Senator Warren Petersen Makes numerous changes to statutes relating to dissolution of marriage. Creates a process to terminate a legal separation and restore the status of the parties to legally married. Allows the parties to jointly decide to proceed with the dissolution or legal separation action as a summary consent decree proceeding with a reduced fee if the parties reach a comprehensive settlement of all issues before either party initiates formal dissolution of marriage or legal separation proceedings. Modifies statute related to temporary orders concerning possession of property and assets, legal decision-making and parenting time of a child, and other relief deemed necessary. Modifies the circumstances under which a spouse may qualify for a spousal maintenance order and requires the Supreme Court to establish guidelines for determining and awarding spousal maintenance. Allows the court to award spousal maintenance only for a period of time and in an amount necessary to enable the receiving spouse
24 to become self-sufficient. Requires that a spousal maintenance order be made without regard to marital misconduct. SB1566 State Bar; Attorney Charges; Damages Senator Vince Leach Requires the state bar of Arizona to the attorney for any attorney fees and court costs if an attorney who is the subject of the charge prevails in an attorney discipline matter. SB1653 Lifetime Injunction; Crime Victim Senator Sine Kerr Requires the court to issue an injunction that prohibits the defendant from contacting the victim if the defendant is convicted of a dangerous offense, a serious offense or violent or aggravated felony, or a felony offense that is a sexual offense or an offense of sexual exploitation of children at the time of sentencing on the request of the victim or the prosecutor. Makes the injunction effective immediately and is valid for the defendant's natural lifetime unless the victim dies, the conviction is dismissed or overturned, or the victim submits a written request to the court for an early expiration. Allows a victim to submit a petition to the court requesting an injunction against a defendant who was sentenced for one of the specified offenses before the effective date of this legislation. SB1712 Criminal Victim Notification Fund; Appropriation Senator David Gowan Establishes the Law Enforcement Crime Victim Notification Fund for the purpose of funding software that enables the county-based and/or city-based deployment of an automated crime victim notification system to a user base consisting of law enforcement agencies. Outlines the requirements for the notification system. Appropriates $3.8 million from the general fund in FY2022-23 to the Fund and appropriates $1.4 million from the Consumer Protection-Consumer Fraud Fund in FY2022-23 to the Victims' Rights Fund. Criminal Justice & Law Enforcement HB2106 Unlawful Disclosure; Images; Definitions Representative Leo Biasiucci Modifies statute to correct an internal referencing error and makes a technical correction. HB2159 Law Enforcement Officers; Polygraph; Examinations Representative John Kavanagh Makes various changes to the internal investigation and disciplinary action appeals process for law enforcement officers (LEO). Modifies the standard for LEO fitness for duty examinations. Prohibits polygraph exams during an administrative investigation against an LEO.
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