Minutes of Committee on Commerce — Arizona State Senate, 55th Legislature (March 24, 2021)

Summary

Minutes of the Committee on Commerce, Arizona State Senate, 55th Legislature, First Regular Session, for March 24, 2021, at 2:00 P.M. in room SHR 1, with Senator Mesnard as Chairman. The minutes record a DO PASS recommendation on HB 2506 (workers' compensation; rates; firefighters; cancer) by a roll call vote of 8-0-1. They record a DO PASS AMENDED recommendation on HB 2787 (occupational regulation; good character; definition), with a Mesnard amendment adopted by voice vote and testimony from Jared Meyer of Cicero Action and Josh Gaines of the Council of State Government Justice Center. A motion on HB 2716 AS AMENDED failed on a roll call vote of 2-5-2, and the meeting was adjourned at 3:46 p.m. with the minutes submitted by Committee Secretary Imee L. Andrew.

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ARIZONA STATE SENATE
55th LEGISLATURE
FIRST REGULAR SESSION

MINUTES OF COMMITTEE ON COMMERCE

DATE: March 24, 2021 TIME: 2:00 P.M. ROOM: SHR 1

CHAIRMAN: Senator J.D. Mesnard VICE-CHAIRMAN: Senator Michelle Ugenti-Rita

ANALYST: Laura Benitez

ATTENDANCE BILLS

Committee Members Pr Ab Ex Bill Number Disposition
Senator Borrelli* X HB 2005 HELD
Senator Bowie X HB 2506 DP
Senator Gabaldón* X HB 2697 DPA
Senator Livingston X HB 2716 FAILED
Senator Navarrete X HB 2773 DPA
Senator Pace* X HB 2787 DPA
Senator Peshlakai* X
Senator Ugenti-Rita, Vice-Chairman X
Senator Mesnard, Chairman X

This meeting will be held via teleconference software. Members of the public may access a
livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361162879&eventID=2021031121

*Participated remotely via a teleconference platform.
Chairman Mesnard called the meeting to order at 2:21 p.m. and attendance was noted.

APPROVAL OF MINUTES

Senator Mesnard stated that without objection, the minutes of March 17, 2021 are
approved.

CONSIDERATION OF BILLS

HB 2506 – workers' compensation; rates; firefighters; cancer – DO PASS

Laura Benitez, Commerce Committee Analyst, explained HB 2506.

Attached is a list noting the individuals who registered their position on HB 2506 (Attachment A).

Senator Ugenti-Rita moved that HB 2506 receive a DO PASS recommendation. The
motion CARRIED with a roll call vote of 8-0-1 (Attachment 1 and 1a).

HB 2787 – occupational regulation; good character; definition – DO PASS AMENDED

Maelinn Chow, Commerce Committee Intern, explained HB 2787 and the 16-line Mesnard
amendment dated 03/23/2021 at 12:04 p.m. (Attachment B).

Representative Burges, bill sponsor, provided comments regarding HB 2787.

Jared Meyer, Executive Director, Cicero Action, participated remotely via a teleconference
platform, testified in support of HB 2787, provided comments regarding HB 2787 and publicly thanked
Senator Mesnard for his amendment.

Josh Gaines, Senior Policy Analyst, Council of State Government Justice Center, participated
remotely via a teleconference platform, testified in support of HB 2787 and provided comments regarding
HB 2787.

Attached is a list noting the individuals who registered their position on HB 2787 (Attachment A).

Senator Ugenti-Rita moved that HB 2787 receive a DO PASS recommendation.

Senator Ugenti-Rita moved the 16-line Mesnard amendment dated 03/23/2021 at 12:04
p.m. (Attachment B) be ADOPTED to HB 2787. The motion CARRIED by voice vote.

Senator Ugenti-Rita moved that HB 2787 AS AMENDED, receive a DO PASS
recommendation. The motion CARRIED with a roll call vote of 8-0-1 (Attachment 2 and
2a).

HB 2697 – health spa contracts; cancellation; notice – DO PASS AMENDED

Maelinn Chow, Commerce Committee Intern, explained HB 2697 and the 6-line Mesnard
amendment dated 03/23/2021 at 8:38 a.m. (Attachment C).

Committee on Commerce
2 March 24, 2021
Matthew DuMee, Consumer Litigation Unit Chief for the Attorney General's Office, participated
remotely via a teleconference platform, testified in support of HB 2697, further explained HB 2697
and provided comments regarding HB 2697.

Edith Lefevre, Legislative Liaison for the Arizona Attorney General's Office, participated
remotely via a teleconference platform, testified in support of HB 2697 and stated that she was in
support of the Mesnard amendment.

Tom Farley, on behalf of Mountainside Fitness, participated remotely via a teleconference
platform, testified as neutral to HB 2697 and stated that he was in support of the Mesnard amendment.

Attached is a list noting the individuals who registered their position on HB 2697 (Attachment A).

Senator Bowie moved HB 2697 with a DO PASS recommendation.

Senator Bowie moved the 6-line Mesnard amendment dated 03/23/2021 at 8:38 a.m.
(Attachment C) be ADOPTED. The motion CARRIED by voice vote.

Senator Bowie moved HB 2697 AS AMENDED, receive a DO PASS recommendation.

Senator Ugenti-Rita stated that she has some real concerns with the bill and would like to ask staff a handful
of questions.

Senator Mesnard stated that after the vote he would allow questions, but unfortunately being in a middle of a
motion he cannot undo it.

Senator Ugenti-Rita, by way of explaining her vote, would like an opportunity to discuss the bill.

The motion CARRIED with a roll call vote of 7-1-1 (Attachment 3 and 3a).

Senator Mesnard opened discussion on HB 2697.

Senator Ugenti-Rita discussed her concerns and offered comments on HB 2697.

Laura Benitez, Commerce Committee Analyst, answered questions posed by the Committee.

Ms. Lefevre answered questions posed by the Committee.

Mr. DuMee answered questions posed by the Committee and provided additional comments regarding
HB 2697.

Senator Ugenti-Rita further discussed her concerns and offered additional comments on HB 2697.

Mr. DuMee answered additional questions posed by the Committee.

Senator Ugenti-Rita further discussed her concerns and read page 1, line 34 of HB 2697.

Ms. Benitez answered additional questions posed by the Committee.

Senator Ugenti-Rita further discussed her concerns and offered additional comments on HB 2697.
Committee on Commerce
3 March 24, 2021
Ms. Benitez answered additional questions posed by the Committee.

Mr. DuMee answered additional questions posed by the Committee.

Senator Ugenti-Rita had follow-up questions and needs additional clarification on HB 2697.

Mr. DuMee answered additional questions posed by the Committee.

Senators Ugenti-Rita and Mesnard offered comments on HB 2697.

Senator Ugenti-Rita offered additional comments and noted that she continued to vote no on HB 2697.

HB 2773 – spirituous liquor; delivery; off-sale permits – DO PASS AMENDED

Laura Benitez, Commerce Committee Analyst, explained HB 2773, the 8-page Mesnard amendment
dated 03/23/2021 at 04:11 p.m. (Attachment D) and the 3-page Mesnard amendment dated 03/23/2021
at 03:25 p.m. (Attachment E).

Representative Weninger, bill sponsor, provided comments regarding HB 2773.

Dan Bogert, Arizona Restaurant Association, participated remotely via a teleconference platform,
testified in support of HB 2773 and provided comments regarding HB 2773.

Michael Gardner, Triadvocates, representing the Arizona Restaurant Association, participated
remotely via a teleconference platform, testified in support of HB 2773 and provided comments regarding
HB 2773.

Grant Krueger, Owner, Union Public House, the Reforma Modern Mexican and the Proof
Artisanal Pizza, also the Maverick in Arizona, participated remotely via a teleconference platform,
testified in support of HB 2773 and urged the Committee to support the bill.

Matt Fulton, Owner, Whining Pig, also Pigtails, participated remotely via a teleconference platform,
testified in support of HB 2773.

Mark Miller, representing the Arizona Food Marketing Alliance, participated remotely via a
teleconference platform, testified in opposition to HB 2773 and stated his concerns with the bill.

Tom Farley, on behalf of Wine Spirits Wholesalers Association of Arizona, participated remotely
via a teleconference platform, testified in opposition to HB 2773 and stated his concerns with the bill.

Gianna Elms, Licensed Clinical Social Worker and Certified Rehabilitation Counselor, also
Service-Disabled Veteran and a daughter of an alcoholic, remotely via a teleconference
platform, testified in opposition to HB 2773 and stated her concerns with the bill.

Senator Mesnard provided comments regarding the Mesnard amendments.

The Committee discussed and offered comments on HB 2773 and the Mesnard amendments.

Mr. Farley answered questions posed by the Committee.

Committee on Commerce
4 March 24, 2021
Representative Weninger answered questions posed by the Committee.

Attached is a list noting the individuals who registered their position on HB 2773 (Attachment A).

Senator Ugenti-Rita moved that HB 2773 receive a DO PASS recommendation.

Senator Ugenti-Rita moved the 3-page Mesnard amendment dated 03/23/2021 at 03:25
p.m. (Attachment E) be ADOPTED to HB 2773. The motion CARRIED by voice vote.

Senator Ugenti-Rita moved the 8-page Mesnard amendment dated 03/23/2021 at 04:11
p.m. (Attachment D) be ADOPTED to HB 2773. The motion CARRIED by voice vote.

Senator Ugenti-Rita moved that HB 2773 AS AMENDED, receive a DO PASS
recommendation. The motion CARRIED with a roll call vote of 8-0-1 (Attachment 4 and 4a).

Senators Borrelli, Navarrete, Peshlakai, Gabaldón and Mesnard explained their vote.

HB 2005 – education; federal funds; technical correction (now: prohibitions; digital application
distribution platforms) – HELD

Senator Mesnard stated that HB 2005 would be HELD.

HB 2716 – licensing; building permits; temporary permits (now: licensing; building permits) – FAILED

Laura Benitez, Commerce Committee Analyst, explained HB 2716 and the 10-line Mesnard amendment
dated 03/23/2021 at 11:14 a.m. (Attachment F).

Representative Griffin, bill sponsor, provided comments regarding HB 2716.

Nick Ponder, Legislative Director, League of Arizona Cities and Towns, participated remotely via
a teleconference platform, testified in opposition to HB 2716 and stated his concerns with the bill.

Spencer Kamps, representing the Home Builders Association of Central Arizona, participated
remotely via a teleconference platform, testified in support of HB 2716, further explained HB 2716 and
provided comments regarding HB 2716.

Attached is a list noting the individuals who registered their position on HB 2716 (Attachment A).

Senator Bowie moved HB 2716 with a DO PASS recommendation.

Senator Bowie moved the 10-line Mesnard amendment dated 03/23/2021 at 11:14 a.m.
(Attachment F) be ADOPTED. The motion CARRIED by voice vote.

Senator Bowie moved HB 2716 AS AMENDED, receive a DO PASS recommendation.
The motion FAILED with a roll call vote of 2-5-2 (Attachment 5 and 5a).

Senator Pace explained his vote.

Committee on Commerce
5 March 24, 2021
There being no further business, the meeting was adjourned at 3:46 p.m.

Respectfully submitted,

Imee L. Andrew
Committee Secretary

(Audio recordings and attachments are on file in the Secretary of the Senate’s Office/Resource Center, Room 115. Audio
archives are available at http://www.azleg.gov)

Committee on Commerce
6 March 24, 2021

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