ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature - First Regular Session
MAJORITY CAUCUS CALENDAR
January 24, 2017
Bill Number Short Title Committee Date Action
Committee on Commerce
Chairman: Jeff Weninger, LD17 Vice Chairman: Jill Norgaard, LD18
Analyst: Diana Clay Intern: James Garret Mooney
HB 2039 finder fees; apartment tenants
SPONSOR: WENINGER, LD17 HOUSE
COM 1/17 DP (9-0-0-0-0)
Committee on Energy, Environment and Natural Resources
Chairman: Russell "Rusty" Bowers, LD25 Vice Chairman: Brenda Barton, LD6
Analyst: Sharon Carpenter Intern: Benjamin Kappler
HB 2131 air quality compliance
SPONSOR: BOWERS, LD25 HOUSE
EENR 1/17 DP (9-0-0-0-0)
Committee on Federalism, Property Rights and Public Policy
Chairman: Bob Thorpe, LD6 Vice Chairman: Mark Finchem, LD11
Analyst: Brittany Green Intern: Maddison Powers
HB 2097 sovereign authority; commandeering; prohibition; exception
SPONSOR: THORPE, LD6 HOUSE
FPRPP 1/17 DPA (7-2-0-0-0)
(No: HERNANDEZ,NAVARRETE)
Committee on Health
Chairman: Heather Carter, LD15 Vice Chairman: Regina E. Cobb, LD5
Analyst: Rick Hazelton Intern: Emma Hurley
HB 2031 pharmacy; virtual manufacturers; virtual wholesalers
SPONSOR: CARTER, LD15 HOUSE
HEALTH 1/12 DP (9-0-0-0-0)
HB 2032 pharmacy board; notice requirements
SPONSOR: CARTER, LD15 HOUSE
HEALTH 1/12 DP (9-0-0-0-0)
HB 2033 controlled substances; definition
SPONSOR: CARTER, LD15 HOUSE
HEALTH 1/12 DP (9-0-0-0-0)
HB 2042 DHS; fingerprinting requirements
SPONSOR: CARTER, LD15 HOUSE
HEALTH 1/12 DPA (9-0-0-0-0)
HB 2043 state hospital; property leases
SPONSOR: CARTER, LD15 HOUSE
HEALTH 1/12 DP (8-0-1-0-0)
(Present: POWERS HANNLEY)
Committee on Judiciary and Public Safety
Chairman: Eddie Farnsworth, LD12 Vice Chairman: Anthony T. Kern, LD20
Analyst: Katy Proctor Intern: Sue Lunt
HB 2022 unlawful discharge of firearms; exception
SPONSOR: LAWRENCE, LD23 HOUSE
JPS 1/18 DPA (6-3-0-0-0)
(No: GONZALES,HERNANDEZ,ENGEL)
HB 2084 tribal courts; involuntary commitment orders
SPONSOR: FARNSWORTH E, LD12 HOUSE
JPS 1/18 DP (9-0-0-0-0)
HB 2085 sentencing document; fingerprint; misdemeanor offenses
SPONSOR: FARNSWORTH E, LD12 HOUSE
JPS 1/18 DP (8-1-0-0-0)
(No: GONZALES)
HB 2087 Arizona criminal justice commission; continuation
SPONSOR: FARNSWORTH E, LD12 HOUSE
JPS 1/18 DP (9-0-0-0-0)
HB 2240 alternate grand jurors; service
SPONSOR: FARNSWORTH E, LD12 HOUSE
JPS 1/18 DP (9-0-0-0-0)
HB 2241 victims' rights; pleading endorsements
SPONSOR: FARNSWORTH E, LD12 HOUSE
JPS 1/18 DPA (9-0-0-0-0)
HB 2246 Arizona lengthy trial fund; continuation.
SPONSOR: GRANTHAM, LD12 HOUSE
JPS 1/18 DP (9-0-0-0-0)
Committee on Local and International Affairs
Chairman: Tony Rivero, LD21 Vice Chairman: Todd A. Clodfelter, LD10
Analyst: Mike Hans Intern: Kassandra Hendricksen
HB 2044 metal dealer licensure; local authority
SPONSOR: LIVINGSTON, LD22 HOUSE
LIA 1/18 DP (7-0-0-0-0)
HB 2050 administrative procedure; declaratory judgment
SPONSOR: FINCHEM, LD11 HOUSE
LIA 1/18 DP (7-0-0-0-0)
Committee on Ways and Means
Chairman: Michelle B. Ugenti-Rita, LD23 Vice Chairman: Vince Leach, LD11
Analyst: Michael Madden Intern: Edith Lefevre
HB 2011 bonds; levy; net of cash
SPONSOR: UGENTI-RITA, LD23 HOUSE
WM 1/11 DP (6-2-0-1-0)
(No: CARDENAS,EPSTEIN; Abs: BOLDING)
HB 2017 bonds; disclosure; notice
SPONSOR: LEACH, LD11 HOUSE
WM 1/18 DP (7-2-0-0-0)
(No: BOLDING,CARDENAS)
HB 2019 community college bonds; voter approval
SPONSOR: LEACH, LD11 HOUSE
WM 1/18 DP (6-2-0-1-0)
(No: CARDENAS,EPSTEIN; Abs: BOLDING)
HB 2064 internal revenue code; full conformity
SPONSOR: UGENTI-RITA, LD23 HOUSE
WM 1/18 DPA (9-0-0-0-0)
ARIZONA HOUSE OF REPRESENTATIVES
HB 2039: finder fees; apartment tenants
PRIME SPONSOR: Representative Weninger, LD 17
BILL STATUS: Caucus and COW
COM: DP 9-0-0-0
Abstract
Relating to finder fees for rental property.
Provisions
1. Eliminates the $200 cap on the payment of finder fees for any tenant or lessor who refers prospective individuals to rent or lease property. (Sec. 1)
2. Removes the limit on the number of finder fees paid annually. (Sec. 1)
3. Clarifies that an unlicensed person cannot advertise for prospective renters or lessors. (Sec. 1)
Current law
A.R.S. § 32-2176 permits a property management company or property owner to pay a tenant a maximum $200 for each finder fee for referring a prospective tenant to live at an apartment complex. A tenant may only receive five finder fees within a 12-month period that is paid as a reduction or credit toward the person's rent.
Statute specifically prohibits a tenant from showing apartments to prospective lessees and discussing or negotiating the terms and conditions of the lease. Any unlicensed person may not advertise or otherwise promote services that require a real estate salesperson or broker's license. If a licensed real estate salesperson or broker pays a finder fee in violation of current law, ADRE may suspend or revoke the license or assess a civil penalty up to $1,000 for each violation.
Arizona defines a finder fee as a fee paid to a person who arranges a meeting between two parties that results in the person renting an apartment unit.
Fifty-third Legislature HB2039
First Regular Session Version 2: Caucus and COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2131
First Regular Session Version 2: Caucus and COW
HB 2131: air quality compliance
PRIME SPONSOR: Representative Bowers, LD 25
BILL STATUS: Caucus and COW
EENR: DP (9-0-0-0)
Abstract
Relating to air quality.
Provisions
1. Removes the repeal date of July 1, 2017 for the Panel. (Sec. 1)
2. Adds the option of a transient loaded test for determining compliance with minimum emissions standards and functional tests in Area A for OBD equipped vehicles, excluding diesel powered or constant four-wheel drive vehicles. (Sec. 2)
a) Conditions enactment, retroactive to July 1, 2017, on EPA approval of proposed modifications to the vehicle emissions testing program protocols by July 1, 2020 and requires the ADEQ Director to notify Legislative Council if the condition has been met by September 1, 2020. (Sec. 3, 4)
3. Makes technical and conforming changes. (Sec. 1, 2, 5)
Current Law
The Panel is scheduled to terminate on July 1, 2017. The Panel, as required by the Clean Air Act, consists of seven members appointed to serve staggered, five-year terms, and must: 1) advise on the effectiveness and compliance of the Program; 2) review information developed by ADEQ and any county for small business stationary sources to assure the information is understandable by the general public; and 3) develop and disseminate reports and advisory opinions (A.R.S. § 49-456).
ADEQ administers the mandatory emissions inspection program that includes inspection of vehicles registered in Areas A and B those vehicles registered outside of, but used to commute to the principal place of employment within, Areas A and B.
Compliance with the minimum emissions standards in Area A requires an OBD equipped vehicle to take and pass an onboard diagnostic test and an unequipped OBD vehicle with a model year of 1981 or later to take and pass a transient loaded test, excluding diesel powered and constant four-wheel drive vehicles (A.R.S. § 49-542).
A loaded test means an exhaust emissions test conducted at cruise or transient conditions.
Area A encompasses the Phoenix metropolitan area including portions of Pinal and Yavapai County (A.R.S. § 49-541).
Fifty-third Legislature HB2131
First Regular Session Version 2: Caucus and COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2097
First Regular Session Version 2: Caucus / COW
HB 2097: sovereign authority; commandeering; prohibition; exception
PRIME SPONSOR: Representative Thorpe, LD 6
BILL STATUS: Caucus / COW
FPRPP: DPA 7-2-0-0
Abstract
Relating to sovereign authority.
Provisions
1. Prohibits Authorizes the Legislature, with the approval of the Governor, to prohibit Arizona and all political subdivisions any county, city or town from using personnel or financial resources to enforce, administer or cooperate with any action of the U.S. government that constitutes commandeering. (FPRPP) (Sec. 1)
2. Authorizes the Legislature to enact legislation, with the approval of the Governor, that would exempt the state or political subdivisions from this prohibition. (FPRPP) (Sec. 1)
3. Requires the Legislature to consider written complaints from various entities in Arizona concerning any suspected commandeering action by the U.S. government. (FPRPP) (Sec. 1)
4. Requires the Attorney General to annually notify the U.S. Department of Justice of this prohibition. (Sec. 1)
5. Defines action and commandeering. (Sec. 1)
6. Contains legislative findings. (Sec. 2)
7. CONTAINS TECHNICAL AND CONFORMING CHANGES. (FPRPP) (Sec. 1)
Current Law
Article 2, Section 3 of the Arizona Constitution authorizes Arizona to exercise its sovereign authority to restrict the actions of its personnel and the use of its financial resources to purposes that are consistent with the Constitution.
Article 1, Section 1 of the United States Constitution states that all legislative powers be vested in the U.S. Congress, which consists of a Senate and House of Representatives.
The Anti-Commandeering Doctrine, established by case law, holds that the federal government cannot compel states to actively implement or enforce federal acts or regulatory programs. Case law relating to this doctrine includes: Prigg v. Pennsylvania (1842), New York v. United States (1992), Printz v United States (1997) and National Federation of Independent Business v. Sebelius (2012)
Fifty-third Legislature HB2097
First Regular Session Version 2: Caucus / COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2031
First Regular Session Version 2: Caucus and COW
HB 2031: pharmacy; virtual manufacturers; virtual wholesalers
PRIME SPONSOR: Representative Carter, LD 15
BILL STATUS: Caucus and COW
HEALTH: DP 9-0-0-0
Abstract
Relating to virtual wholesalers and manufacturers.
Provisions
1. Adds virtual wholesaler to the definitions of full service wholesale permittee and nonprescription drug wholesale permittee. (Sec. 1)
2. Adds virtual manufacturer to the definition of manufacturer. (Sec. 1)
3. Clarifies that virtual wholesaler and virtual manufacturer will be defined in rule by the Board. (Sec. 1)
Current Law
A.R.S. § 32-1901 provides the following definitions:
1. Full service wholesale permittee as a permittee who may distribute prescription-only drugs and devices, controlled substances and over-the-counter drugs and devices to pharmacies or other legal outlets from a place devoted in whole or in part to wholesaling these items.
2. Nonprescription drug wholesale permittee as a permittee who may distribute only over-the-counter drugs and devices to pharmacies or other lawful outlets from a place devoted in whole or in part to wholesaling these items.
3. Manufacturer as every person who prepares, derives, produces, compounds, processes, packages or repackages or labels any drug in a place, other than a pharmacy, devoted to manufacturing the drug.
Fifty-third Legislature HB2031
First Regular Session Version 2: Caucus and COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2032
First Regular Session Version 2: Caucus and COW
HB 2032: pharmacy board; notice requirements
PRIME SPONSOR: Representative Carter, LD 15
BILL STATUS: Caucus and COW
HEALTH: DP 9-0-0-0
Abstract
Relating to notice of a change in contact information or employer's address.
Provisions
1. Requires licensees and permittees to create an online profile using the Board's licensing software. (Sec. 2, 5)
2. Adds failure to notify the Board of a change of the licensee's contact information or employer's address to the definition of unprofessional conduct. (Sec. 1)
3. Requires licensees to either update their online profiles or provide written notice to the Board within 10 days of a change in their contact information or employer's address. (Sec. 3)
4. Clarifies that the pharmacist in charge may either update their online profiles or provide written notice to the Board to satisfy notice requirements for any change in their status as the pharmacist in charge. (Sec. 3)
5. Clarifies that licensees are to provide written notice to the Board's office staff rather than the Executive Director. (Sec. 3, 4)
6. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5)
Current Law
A.R.S. § 32-1926 requires pharmacists, interns, pharmacy technicians or pharmacy technician trainees to give written notice of any change of the licensee's home address or employer to the Board's Executive Director within 10 days. Failure to report such a change is held to be unprofessional conduct (A.R.S. § 32-1901.01).
A.R.S. § 32-1926 requires the designated pharmacist in charge to give immediate notice of the initiation and termination of their responsibility as the pharmacist in charge.
Fifty-third Legislature HB2032
First Regular Session Version 2: Caucus and COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2033
First Regular Session Version 2: Caucus and COW
HB 2033: controlled substances; definition
Fifty-third Legislature HB2033
First Regular Session Version 2: Caucus and COW
PRIME SPONSOR: Representative Carter, LD 15
BILL STATUS: Caucus and COW
HEALTH: DP 9-0-0-0
Abstract
Relating to the definition of narcotic drugs.
Provisions
1. Expands the definition of narcotic drugs by including U-47700 and tramadol. (Sec. 1)
2. Lists U-47700 as a schedule I substance. (Sec. 2)
3. Makes technical and conforming changes. (Sec. 1, 2)
Current Law
As defined in Title 13, narcotic drugs are a list of substances whether of natural or synthetic origin and any substance neither chemically nor physically distinguishable from them (A.R.S. § 13-3401). Additionally, Title 36 establishes schedule I substances as a list including opiates and their isomers, esters, ethers, salts and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation (A.R.S. 36-2512). Possession or use of a narcotic drug is classified as a class 4 felony (A.R.S. 13-3408).
Fifty-third Legislature HB2033
First Regular Session Version 2: Caucus and COW
Fifty-third Legislature HB2033
First Regular Session Version 2: Caucus and COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-third Legislature HB2042
First Regular Session Version 2: Caucus and COW
HB 2042: DHS; fingerprinting requirements
PRIME SPONSOR: Representative Carter, LD 15
BILL STATUS: Caucus and COW
HEALTH: DPA 9-0-0-0
Abstract
Relating to residential care and nursing care institutions, home health care agencies, children's behavioral health programs and fingerprinting.
Provisions
1. Requires a volunteer who provides medical services, nursing services, behavioral health services or health related services in a residential care or nursing care institution or a home health agency to obtain a fingerprint clearance card. (Sec. 1)
2. States that a volunteer must submit a completed application for a fingerprint clearance card within 20 days after the person begins volunteer service. (Sec. 1)
3. Exempts an employee or contractor from fingerprinting requirements if they have applied for a good cause exception and have not yet received a decision if they provide services while under the direct supervision of an employee or owner who has a valid fingerprint clearance card. (Sec.1)
4. Requires a residential care and nursing care institution or home health agency to have an owner or employee with a valid fingerprint clearance card provide direct visual supervision of a volunteer who does not have a valid card. (Sec. 1)
5. Exempts the following persons from fingerprint clearance card requirements if they are under the direct supervision and in the presence of a children's behavioral health program personnel with a valid card:
a. Kinship foster care parents who participate in GROUP activities with THAT INCLUDE THEIR children who are receiving behavioral health services from a behavioral health program if they are not employees;