Arizona House Committee on Regulatory Oversight: report of regular meeting, February 18, 2025

Summary

A report of the regular meeting of the Arizona House of Representatives Committee on Regulatory Oversight, Fifty-seventh Legislature, First Regular Session, on Tuesday, February 18, 2025, convened at 3:34 P.M. and adjourned at 4:33 P.M. It lists members present, including Chairman Chaplik and Vice-Chairman Kolodin, and records committee action on HB2031 (DPA), HB2656 and HCR2024 (DP), with votes of 3-2-0-0. The report is signed by the committee secretary. Attachments include the meeting agenda, request to speak and attendance reports, and bill materials such as a fiscal note and vote options for HCR 2024.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors. Pages 7–13, 21, 32, 53–55, 58, 59, 68–70, 74, 77, 79, and 83 of 83 are not shown because the text could not be recognized reliably.

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature — First Regular Session

COMMITTEE ON REGULATORY OVERSIGHT

Report of Regular Meeting
Tuesday, February 18, 2025
House Hearing Room 4 — 2:00 P.M. or upon recess or adjournment

Convened: 3:34 P.M.
Recessed
Reconvened
Adjourned 4:33 P.M.

Members Present

Representative Contreras L
Representative Hernandez C
Representative Keshel

Representative Kolodin, Vice-Chairman
Representative Chaplik, Chairman

Agenda
Original Agenda — Attachment 1

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Presentations

N/A

Committee Action
Bill Action
HB2031 DPA
HB2656 HELD
HCR2024 DP

MINUTES RECEIVED
CHIEF CLERK'S OFFICE

Members Absent
Vote Attachments
3-2-0-0 4,5,6
7,8
3-2-0-0 9,10

Stepfianie Smith, Committee Secretary
February 18, 2025

(Original attachments on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov)
REVISED #2 - 2/18/25 REVISED #2 - 2/18/25 REVISED #2 - 2/18/25

ARIZONA HOUSE OF REPRESENTATIVES — (“pny ened 24 oe pn
sJ

Fifty-seventh Legislature - First Regular Session

REGULAR MEETING AGENDA Adjou rede ‘a 33
COMMITTEE ON REGULATORY OVERSIGHT

DATE Tuesday, February 18, 2025 ROOM HHR4 TIME 2:00 P.M. or upon recess or
adjournment of Floor

Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=636 | 162879&eventID=202502 1090

Members:
Representative Contreras L Representative Keshel Representative Chaplik, Chairman
Representative Hernandez C Representative Kolodin, Vice-Chairman

Bills Short Title Strike Everything Title

HB2031 boards and commissions; repeal
/ DPA (Kolodin: Chaplik)
4,2-0-0 RO, RULES

JUD—-w/d, RO-RULES

H 2656 | / / HOA's; termination of declarant
(Carter N) }

RO, RULES

HCR2024 D ? capital punishment; firing squad
————- (Kolodin: Hendrix)

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

RA
vc
0242/2025
02/18/2025

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.
Page 1 of 1
Attachment_/
Information Registered on the Request to Speak System

House Regulatory Oversight (2/18/2025)

HB2031, boards and commissions; repeal

Testified as opposed:
Cathy Erwin, representing self; cathy koluch, representing self; Stephanie Nichols-Young, ANIMAL DEFENSE
LEAGUE OF ARIZONA; Mashayla Kleinman, representing self; Annette Lagunas, representing self

Support:

Onita Davis, representing self; Shirley Dye, representing self; Rose Sperry, representing self; Lou Sniderman,
representing self; Mike Sullivan, representing self; Bill Blewster, representing self; James Dutton, representing self;
Mark Logan, representing self; Cindy Sullivan, representing self; Theresa Logan, representing self; Greg Kistler,
representing self; Stephen Harris, representing self; Buffalo Rick Galeener, representing self; Susan Bolt,
representing self; Dianna Gates, representing self; Bridget Nelke, representing self; Melanie Hutchings,
representing self; Phyllis Lester, representing self; Susan Kelly, representing self; Helen Hebert, representing self;
Starr Costa, representing self; Donna Booth, representing self; Pam Throw, representing self; Gary Zimmerman,
representing self; Dayle Hartgerink, representing self; Barbara Blewster, representing self

Neutral:
Jere Fredenburgh, representing self; Lauren Scheller Maehling, representing self

Oppose:

Suzanne Menges, representing self; Paul Ollerton, representing self; Patrick McWhortor, representing self; Jadee
Rohner, ARIZONA COTTON GROWERS ASSOCIATION; Jerry Rovey, representing self; Todd Rovey, representing self;
robert woodman, representing self; Pamela Griffin, representing self; Adam Hatley, representing self; Barbara
Jackson, representing self; Ginny Dickey, representing self; Stan Barnes, Paloma Irrigtion And Drainage District;
Martha German, HVA, INC. DBA HUMANE VOTERS OF ARIZONA; Craig McDermott, representing self; Cheryl Goar,
AZ NURSERY ASSOCIATION; Don Scott, representing self; Elizabeth Goodman, ARIZONA HUMANE SOCIETY; Brittany
Bingold, ARIZONA CATTLE GROWERS' ASSOCIATION; Darrell Boomgaarden, representing self; Charlie Silver,
representing self; Maggie Huntington, representing self; Alexandria Mendoza, ARIZONA COSMETOLOGY SCHOOLS
COALITION; Faryl Palles, representing self; Philip Bashaw, AZ FARM BUREAU FEDERATION; Elise Kulik, AZ JUDICIAL
COUNCIL; Stephanie Knight-Dubien, AGRIBUSINESS & WATER COUNCIL OF ARIZONA, INC.; Samantha Meier,
representing self; Marilyn Murov, representing self; Gabriel Wigtil, HUMANE WORLD FOR ANIMALS; Clint Gladden,
representing self; Caitlin Gonzales, representing self; Sonia Hernandez, representing self; Kyle Kuechel,
representing self; Steve Wene, representing self; Trina Sue Riggs, representing self; Patrick Bray , Arizona Crop
Protection Association, ARIZONA FARM AND RANCH GROUP; Daniel Harris, ARIZONA FARM BUREAU FEDERATION;
Jason Nelson, representing self; Shawn West, representing self; Thomas Hartman, representing self; Richard
Heiden, representing self

All Comments:
Shirley Dye, Self: Yippee! We have a DOGE leader in the State Leg. This is great. Lots of outdated legislation out
there. Now clean up the AZ Administrative Code, there are a lot of unconstitutional directives in there.; Bill
Blewster, Self: Let's get rid of unnecessary regulations!; James Dutton , Self: Time to start cleaning house.; Stephen
Harris, Self: Need to reduce regulations!; Bridget Nelke, Self: LD28 how refreshing remove no longer useful or
necessary statutes thank you Mr Kolodin; Helen Hebert, Self: sure, if are not needed or useful get rid of them;
Gary Zimmerman, Self: A bill shouldn't be necessary for cleaning up old, unnecessary statutes, but here we are.
Hopefully this won't cost a lot.; Dayle Hartgerink, Self: LD28 PC Support repeal of statues no longer useful or
necessary; Barbara Blewster, Self: Good digging; Cathy Erwin, Self: The Governor put a moratorium on Rule Making
by the School bus Advisory in December 2021 due to Covid and has yet to reinstate the Council. Having been a
member of the Assoc. for over 12 years | can tell you its important to Pupil Transportation AZ; cathy koluch, Self:
This bill would eliminate career mobility, is discriminatory toward women & women of color & would prevent
oversight to protect citizens from harm. This bill is short sighted and does not completely understand the far-
reaching consequences.; Patrick McWhortor, Self: | will share information clarifying the positive community impact
by the arts supported by the Commission.; Jadee Rohner, ARIZONA COTTON GROWERS ASSOCIATION: Request to
speak in opposition of this bill as the Az Cotton Research Protection Council ins included, and would ask that it is
removed.; Todd Rovey, Self: Chairman of the Council; robert woodman, Self: Arizona Citrus Research Council
would like to be removed from this Bill; Mashayla Kleinman, Self: The Student Transportation Advisory Council
plays a vital role in developing student safety and training standards for school bus drivers. We have been patiently
awaiting appointments from the Governor since she came to office.; Don Scott, Self: This is utter ignorance. It’s an
attack of the most vulnerable — people and pets — and programs that are critical to life-saving measures and
keeping costs down. | vehemently oppose.; Elise Kulik, AZ JUDICIAL COUNCIL: Opposed to courts amendment on
page 49.; Gabriel Wigtil, HU MANE WORLD FOR ANIMALS: Against; Clint Gladden, Self: As a fourth generation
Arizona beef producer dissolution of the Arizona Beef Council would fragment our industry. The council represents
all beef producers in critical research and marketing.; Sonia Hernandez, Self: In support of Arizona Companion
Animal Spay and Neuter Committee to remain active.; Kyle Kuechel, Self: HB2031 undermines AZ’s core industries
by eliminating self-funded councils that drive our GDP. These councils cost taxpayers nothing and fuel industry
success. Cutting them is reckless and ignores basic research.; Steve Wene, Self: On behalf of Electrical District No.
8.; Jason Nelson, Self: The student transportation advisory council works in conjunction with DPS to provide critical
input and feedback to create rules that apply to student transportation. This council is awaiting appointment from
the Governor.; Shawn West, Self: Representing the Transportation Administrators of Arizona opposing HB2031;
Thomas Hartman, Self: School bus Advisory council is critical to the safety of our children who are transported
every day in Arizona. From the construction of a school bus to driver and safety standards. This council regularly
provides consultation to DPS who only enforce; Jere Fredenburgh, Self: Do NOT repeal the portion dealing with Pet
Plate License Plates. It funds low cost spay/neuter in Arizona through the animal shelters. Very valuable and no
cost to the State. Support repealing excessive 'committees' but NOT the pet plate program.; Lauren Scheller
Maehling, Self: Executive Director for the Arizona Beef Council

HB2656, HOA's: termination of declarant

Support:

Dennis J Legere, ARIZONA HOMEOWNERS COALITION; jill carlon, representing self; Michael Romito, representing
self; Ravinder Singh, representing self; Catherine Gates, representing self; Bryan Hawk, representing self; L. Anne
Brothers, representing self; Paul Gaulocher, representing self; Kurt Gronlund, representing self; Catherine McGurk,
representing self; Douglas Kupel, representing self; Roseanne and Steve Elson, representing self; Pierre Desombre,
representing self; Joyce Monsanto, representing self; Teresa Pinter, representing self; Rhonda Wakai, representing
self; Theresa Kim West, representing self; Denise Priddy, representing self; Michele Morrison, representing self;
Deepak Nayak, representing self; Lopa Nayak, representing self
Oppose:

Spencer Kamps, HOME BUILDERS ASSOCIATION OF CENTRAL AZ; Michael Racy, Lobbyist, DIAMOND VENTURES INC;
Jason Barraza, Associate Director, ARIZONA ASSOCIATION OF COMMUNITY MANAGERS (AACM); Priscilla Storm,
representing self; Paige Livingston, representing self; Fernanda Quintanilla, representing self; Clark Princell,
VALLEY PARTNERSHIP; Lynda Christner, representing self

All Comments:

Dennis J Legere, ARIZONA HOMEOWNERS COALITION: This is a comprehensive bill that seeks to protect and
balance the rights of the declarants to build communities without interference and the rights of the homeowners
to self-rule and from unfair abuse of their rights under the period of declarant...; Paul Gaulocher, Self: | am for this
bill; Douglas Kupel, Self: This bill attempts to balance the rights of declarants to build out their project without
interference and the rights of homeowners to self-rule. | strongly support this bill and urge you to do the same.;
Roseanne and Steve Elson, Self: needs to be passed. our declarant still controls the community despite the
turnover and stating they would not be involved in the day to day activities of the community.; Paige Livingston,
Self: This bill is invasive, burdensome and puts unreasonable restrictions on a private company to have control
over their million dollar investments, which happens to benefit AZ residents & the local economy. What happened
to pro-business/small government

HCR2024, capital punishment; firing squad

Testified as opposed:
Jeanne Woodbury, AMERICAN CIVIL LIBERTIES UNION OF AZ; Nicholas Cote, CONSERVATIVES CONCERNED ABOUT

THE DEATH PENALTY; Courtney Quinones-Machado, representing self

Support:

Wendy Radimer, representing self; Paul Johnson, representing self

Neutral:
Laurie Reiner, representing self; Mary Evelyn Simpson, representing self

Oppose:

Ginny Dickey, representing self; Janie Hydrick, representing self; Robyn Prud'‘homme-Bauer, representing self;
Mary Pradelt, representing self; Judith K. Moll, representing self; Craig McDermott, representing self; Jeanne
Casteen, representing self; Christina Mollica, representing self; Dianne Post, representing self; Dale Domzalski,
representing self; Judy Whitehouse, representing self; Kevin Heade, representing self; Susan Penner, representing
self; Sharon Lee, representing self; Martha O'Connor, representing self; Kathleen Dubbs, representing self; Marilyn
Rodriguez, AZ ATTORNEYS FOR CRIMINAL JUSTICE (AACJ); Francisco "Hugo" Polanco, Rural Arizona Action (RAZA);
Cindy Cummens, representing self; Dee Maitland, representing self; Kathryn Stewart, representing self; Judith Lohr,
representing self; Roger Blain, representing self; marcia stewart, representing self; Mary Beth Tripp, representing
self; Teri Grunewald, representing self; Cathy Noga, representing self; Kay Ransdell, representing self; Lois Hansen,
representing self; Shelley Erickson, representing self; Janet Kerby, representing self; Leslie Cox, representing self;
Margaret Deming, representing self; Sandra Byron, representing self; Pam Spicer, representing self; Deanna
Schantel, representing self; Alyssa Probert, representing self
All Comments:

Wendy Radimer, Self: | agree with this bill. Wendy Radimer, a Precinct and State Committeeman; Paul Johnson,
Self: | support this Bill and | am Arnold Paul Johnson a Precinct committeeman; Janie Hydrick, Self: Innumane.
Barbaric.; Mary Pradelt, Self: BARBARIC!; Christina Mollica, Self: This bill is appalling. Shame on Rep Kolodin.; Kevin
Heade, Self: This is horrific and inhumane. It should be rejected. But if sent to voters make it a requirement to
occur in public squares. “If we as a society are willing to take away human life, we should be willing to watch it.”
Judge Kozinsk; Susan Penner, Self: Save your bullets. There's enough fentanyl in Arizona to do the job for free.
Sharing with the Governor Hobbs too!!; Martha O'Connor, Self: Any form of capital punishment is unethical. A
firing squad is a violation of the Eighth Amendment’s prohibition against cruel and unusual punishment and is
inhumane and archaic.; marcia stewart, Self: against the 8th amendment, cruel, unusual punishment, archaic.
What are you thinking??Why the violence??; Teri Grunewald, Self: Why?; Lois Hansen, Self: The introduction of a
firing squad may lead to prolonged legal challenges or a delay in executions due to constitutional questions
surrounding cruel and unusual punishment.; Margaret Deming, Self: The introduction of a firing squad may lead to
prolonged legal challenges or a delay in executions due to constitutional questions surrounding cruel and unusual
punishment.; Deanna Schantel, Self: Firing squad is excessive. | support longer incarceration if there is a delay in
obtaining the injection supplies and cannot support any other reason why this discussion would even be a
reasonable use of our representative's time.; Mary Evelyn Simpson, Self: YavGOP PC There is no good choice..
However, the history of botched lethal injection doesn't leave mcuh choice. | am not opposed to the death penalty
however
ARIZONA STATE LEGISLATURE

Fifty-seventh Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY OVERSIGHT

CHAIRMAN: Joseph Chaplik VICE-CHAIRMAN: _ Alexander Kolodin
DATE 02/18/25 /25 /25 /25 /25
CONVENED 3. 34m m m m m
RECESSED
RECONVENED
ADJOURNED LE 32m

MEMBERS

Contreras L

Hernandez C

Kolodin, Vice-Chairman

Keshel A“

Chaplik, Chairman

V Present --- Absent exc Excused

Attachment, 5
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2031: boards and commissions; repeal
Sponsor: Representative Kolodin, LD 3
Committee on Regulatory Oversight

Overview
Repeals specified state boards, commissions, councils and related licensure.

History
The State of Arizona has several hundred agencies, boards, commissions and councils, many

of which are regulatory in nature. Some are advisory or function to assist a larger state
agency or department. Statute requires board and commission members to be at least 18
years of age, a resident of Arizona and meet the eligibility requirements for membership (§38-
201). The list of current board and commission member vacancies and the expired terms of
members may be found here.

Provisions
1. Cites the bill as the Abolition of Functionally Unnecessary Excessive Regulators Act.

(Sec. 57)

2. Repeals Arizona state boards and commissions as follows:
a) Arizona Citrus Research Council (Sec. 9)
b) Cotton Research and Protection Council (Sec. 9)
c) Arizona Beef Council (Sec. 9)
d) Student Transportation Advisory Council (Sec. 17)
e) Spaying and Neutering of Animals Special License Plate and related fund (Sec. 17)
f) Companion Animal Spay and Neuter Committee (Sec. 17)
g) Barbering and Cosmetology Board and the related license(s) (Sec. 19)
h) Acupuncture Board and the related license (Sec. 30)
i) Arizona Commission on the Arts (Sec. 36)
j) Tourism Advisory Council (Sec. 41)

3. Allows the Homeopathic Board to hire its own executive director instead of using the
executive director of the Acupuncture Board. (Sec. 23)

4, Adds pertinent definitions related to the cosmetic industry to the Department of Health
Services statutes. (Sec. 29)

5. Transfers the duties currently held by the Cotton Research and Protection Council related
to Cotton Pest Control Districts to the Department of Agriculture. (Sec. 49-56)

6. Contains technical and conforming changes. (Sec. 1-3, 5-8, 10-16, 18, 20-22, 24-28, 31-36,
38-40, 42-48.

7. Removes archaic language. (Sec. 28)

| Attachment a

0 Prop 105 (45 votes) OC Prop 108 (40 votes) O Emergency (40 votes) UO Fiscal Note |

HB 2031
Initials Page 1 Regulatory Oversight
Fifty-seventh Legislature Regulatory Oversight
First Regular Session H.B. 2031

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2031
(Reference to printed bill)

Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
{Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN-STFREKEOUTFI-BRACKETS] indicates new text removed from statute
or previously enacted session law.
(Green—strtkeout—inrtbrackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green—strikeout—inrcarets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

Adopted ws # of Verbals

Failed Withdrawn

Not Offered Analysts Initials

Attachment aa]
House Amendments to H.B. 2031

Section 1. Section 3-108, Arizona Revised Statutes, is amended to
read:

3-108. Administrative support fund; use; exemption

A. A department of agriculture administrative support fund is
established. All monies collected pursuant to any interagency agreement
with the department pursuant to section 3-588, subsection A shall be
deposited, pursuant to sections 35-146 and 35-147, in the fund.

B. All monies collected pursuant to any interagency agreement with
the department in accordance with [section 3-468.03, subsection A] amd
[sectiorn3~526-63>—subsection—-*] shall be deposited in the administrative
support fund or deposited in the citrus, fruit and vegetable trust fund
established by section 3-447 pursuant to the terms of the interagency
agreement. Deposits in the administrative support fund shall be made
pursuant to sections 35-146 and 35-147.

C. Monies in the fund are continuously appropriated and exempt from
the provisions of section 35-190 relating to lapsing of appropriations.

ready
House Amendments to H.B. 2031

Sec. 2. Section 3-403, Arizona Revised Statutes, is amended to
read:

3-403. Exemptions
This article strat? DOES not apply to article [2.1] [7-4-2] or 4.3 of

this chapter.
Sec.—9— Repeat

repeated>>>

<<Sec. 3. Repeal

Title 3, chapter 3, article 4.2, Arizona Revised Statutes, is
repealed.>>
House Amendments to H.B. 2031

37
38
39
40
41
42
43
44
45
46
47

Sec. 4. Section 10-122, Arizona Revised Statutes, is amended to

read:

10-122. Filing, service and copying fees; expedited report
filing and access; same day and next day services;
posted wait times; advance monies; definition

A. The commission shall collect and deposit, pursuant to sections

35-146 and 35-147, the following nonrefundable fees when the documents
described in this subsection are delivered to the commission:

Document Fee
1. Articles of incorporation $50
2. Application for use of indistinguishable name 10
3. Application for reserved name 10
4. Notice of transfer of reserved name 10
5. Application for registered name 10
6. Application for renewal of registered name 10
7. Agent's statement of resignation 10
8. Amendment of articles of incorporation 25
9. Restatement of articles of incorporation with
amendment of articles 25

10. Statement of merger, interest exchange,
conversion, domestication or division if
the entity responsible for filing the

statement is a corporation 100
11. Articles of dissolution 25
12. Articles of revocation of dissolution 25

13. Application for reinstatement following
administrative dissolution, in addition

to other fees and penalties due 100
14. Application for authority 150
15. Application for withdrawal 25
16. Annual report 45
17. Articles of correction 25
18. Application for certificate of good standing 10

19. Any other document required or permitted
to be filed by chapters 1 through 17
of this title 25

B. The commission shall collect a nonrefundable fee of twenty-five
tottars $25 each time process is served on it under chapters 1 through 17
of this title. The party to a proceeding causing service of process is
entitled to recover this fee as costs if the party prevails in the
proceeding.

C. The commission shall charge and collect a reasonable fee for
copying documents on request, provided the fee does not exceed the cost of
providing the service as determined by the commission. The commission
shall also charge a reasonable fee for certifying the copy of a filed
document;—provited IF the fee does not exceed the cost of providing the
service as determined by the commission.
House Amendments to H.B. 2031

D. A penalty of onme—tundred—totiers $100 THAT IS payable in
addition to other fees accrues and is payable if a foreign corporation
fails to file an amendment, restated articles that include an amendment,
or articles of merger within sixty days after the time of filing in the
jurisdiction in which the corporation is domiciled. The penalty collected
pursuant to this subsection shall be deposited, pursuant to sections
35-146 and 35-147, in the state general fund.

E. rresttrimtt-of The fees for the annual report of domestic and
foreign corporations paid pursuant to subsection A, paragraph 16 of this
section shall be deposited tm—the-Arizona—arts—trust—farndtestabtisted by
pursuant to sections 35-146 and 35-147, in the public access fund
established by section 10-122.01.

F. The commission shall provide for and establish an expedited
service for the filing of all documents and services provided pursuant to
this title as follows:

1. The expedited filing shall be a priority service to be completed
as soon as possible after the documents are delivered to the commission.

2. In addition to any other fees required by this section or any
other law, the commission shall charge a nonrefundable fee for expedited
services, including those requested by fax. The fee shall be determined
by a supermajority vote of the commissioners.

3. The commission may provide for and establish same day and next
day services for the filing of any documents and services provided
pursuant to this title as follows:

(a) The commission shall suspend same day or next day service if
the commission determines that it does not have the necessary resources to
perform the service within the established time period.

(b) In addition to any other fees required by this section or any
other law, the commissioners may charge a nonrefundable fee for the same
day or next day service or both. The fee shall be determined by a
supermajority vote of the commissioners.

4. The commission shall publicly post the current wait times for
processing regular, expedited and same day and next day services.

G. The commission may charge persons who access the commission's
data processing system that is maintained pursuant to section 10-122.01
from remote locations and persons requesting special computer generated
printouts, reports and tapes a reasonable fee that does not exceed the
cost of the time, equipment and personnel necessary to provide this
service or product as determined by the commission.

H. Except as provided in section 10-122.01, subsection B, paragraph
3, in addition to any fee charged pursuant to this section, the commission
may charge and collect the following nonrefundable fees to help defray the
cost of the improved data processing system that is maintained pursuant to
section 10-122.01:

1. Filing articles of incorporation of a domestic corporation, ter
dottars $10.

-10-
House Amendments to H.B. 2031

2. Filing an application of a foreign corporation for authority to
transact business in this state, twenty~ftve-dottars $25.

I. All monies received pursuant to subsections F, G and H of this
section shall be deposited, pursuant to sections 35-146 and 35-147, in the
public access fund established by section 10-122.01.

J. Fees charged pursuant to this section are exempt from section
39-121.03, subsection A, paragraph 3.

K. The commission may allow any person to advance monies to the
commission to pay fees required pursuant to this section for future
filings and services. All monies received pursuant to this subsection
shall be deposited, pursuant to sections 35-146 and 35-147, in the money
on deposit account in the public access fund established by section
10-122.01.

L. In addition to any other fees prescribed by law, the commission
may establish a fee for the filing of an annual benefit report delivered
to the commission pursuant to section 10-2442. The fee shall be
determined by a majority vote of the commissioners.

M. For the purposes of this section, "supermajority" means an
affirmative vote of at least four commissioners.

Sec. 5. Section 11-811, Arizona Revised Statutes, is amended to
read:

11-811. Zoning ordinance; zoning districts; definitions

A. Pursuant to this article, the board of supervisors may adopt a
zoning ordinance in order to conserve and promote the public health,
safety, convenience and general welfare. The zoning ordinance and all
rezonings and zoning regulations amendments adopted under this article
shall be consistent with and conform to the adopted comprehensive plan.
In addition to the other matters that are required or authorized under
this section and article 1 of this chapter, the zoning ordinance:

1. Shall show the zoning districts designated as appropriate for
various classes of residential, business and industrial uses and shall
provide for the establishment of setback lines and other plans providing
for adequate light, air and parking facilities and for expediting traffic
within the districts.

2. May establish the percentage of a lot or parcel that may be
covered by buildings and the size of yards, courts and other open spaces.

3. Shall consider access to incident solar energy.

4. May provide for retirement community zoning districts.

5. May provide for the regulation and use of business licenses,
adult oriented business manager permits and adult service provider permits
in conjunction with the establishment or operation of adult oriented
businesses and facilities, including adult arcades, adult bookstores or
video stores, cabarets, adult live entertainment establishments, adult
motion picture theaters, adult theaters, massage establishments and nude
model studios. With respect to cabarets, the ordinance shall not conflict
with specific statutory or valid regulatory requirements applicable to
persons licensed to dispense alcoholic beverages, but the ordinance may
House Amendments to H.B. 2031

include regulation of the age and conduct of erotic entertainers in a
manner at least as restrictive as rules adopted under title 4.
Notwithstanding section 11-812, a county in regulating or licensing
businesses and facilities pursuant to this paragraph may impose reasonable
operating requirements that affect the existing uses of businesses and
facilities.

6. Shall designate and zone appropriate areas of reasonable size in
which there may be established with reasonable permanency canneries,
fertilizer plants, refineries, commercial feedlots, meat packing plants,
tallow works and other like businesses. A dairy operation, including
areas designated for the raising of replacement heifers or bulls owned by
the same dairy operation, is not subject to this paragraph, and is a
general agricultural purpose under subsection D, paragraph 2 of this
section and section 11-812, subsection A, paragraph 2. A_ replacement
heifer or bull raising operation of a dairy that is not on contiguous
property of the dairy is subject to this paragraph unless the operation
begins within one-quarter mile of the dairy.

B. To carry out the purposes of this article, the board may adopt
overlay zoning districts and regulations applicable to particular
buildings, structures and land within individual zones. For the purposes
of this subsection, "overlay zoning district" means a special zoning
district that includes regulations that modify regulations in another
zoning district with which the overlay zoning district is combined.
Overlay zoning districts and regulations shall be adopted pursuant to
section 11-813. The provisions of overlay zoning shall apply
retroactively to authorize overlay zoning districts and regulations
adopted before April 20, 1993.

C. In accordance with article II, sections 1 and 2, Constitution of
Arizona, the board shall consider the individual property rights and
personal liberties of the residents of the county before adopting any
zoning ordinance.

D. This section does not authorize:

1. The imposition of dedications, exactions, fees or _ other
requirements that are not otherwise authorized by law.

2. The regulation or restriction of the use or occupation of land
or improvements for railroad, mining, metallurgical, grazing or general
agricultural purposes, if the tract concerned is five or more contiguous
commercial acres. For the purposes of this paragraph, general
agricultural purposes do not include the cultivation of cannabis as
defined in section 13-3401 or marijuana as defined in section 13-3401 or
36-2801.

E. For the purposes of this section:

1. “Adult arcade" means any place to which the public is allowed or
invited and in which coin-operated or slug-operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors or other image-producing devices are maintained to show images

-12-
House Amendments to H.B. 2031

involving specific sexual activities or specific anatomical areas to
persons in booths or viewing rooms.

2. "Adult bookstore or video store" means a _ commercial
establishment that offers for sale or rent any of the following as one of
its principal business purposes:

(a) Books, magazines, periodicals or other’ printed’ matter,
photographs, films, motion pictures, videocassettes or reproductions or
slides or other visual representations that depict or describe specific
sexual activities or specific anatomical areas.

(b) Instruments, devices or paraphernalia that are designed for use
in connection with specific sexual activities.

3. “Adult live entertainment establishment" means an establishment
that features either:

(a) Persons who appear in a state of nudity.

(b) Live performances that are characterized by the exposure of
specific anatomical areas or specific sexual activities.

4. “Adult motion picture theater" means a commercial establishment
in which for any form of consideration films, motion pictures,
videocassettes, slides or other similar photographic reproductions that
are characterized by the depiction or description of specific sexual
activities or specific anatomical areas are predominantly shown.

5. “Adult oriented business" means adult arcades, adult bookstores
or video stores, cabarets, adult live entertainment establishments, adult
motion picture theaters, adult theaters, massage establishments that offer
adult service or nude model studios.

6. "Adult oriented business manager" means a person on the premises
of an adult oriented business who is authorized to exercise overall
operational control of the business.

7. “Adult service" means dancing, serving food or _ beverages,
modeling, posing, wrestling, singing, reading, talking, listening or other
performances or activities conducted for any consideration in an adult
oriented business by a person who is nude or seminude during all or part
of the time that the person is providing the service.

8. “Adult service provider" or "erotic entertainer" means any
natural person who provides an adult service.

9. “Adult theater" means a theater, concert hall, auditorium or
similar commercial establishment that predominantly features persons who
appear in a state of nudity or who engage in live performances that are
characterized by the exposure of specific anatomical areas or specific
sexual activities.

10. "Cabaret" means an adult oriented business licensed to provide
alcoholic beverages pursuant to title 4, chapter 2, article l.

11. "Discernibly turgid state" means the state of being visibly
swollen, bloated, inflated or distended.

12. "Massage establishment" means an establishment in which a
person, firm, association or corporation engages in or permits massage
activities, including any method of pressure on, friction against,

-13-
House Amendments to H.B. 2031

stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating
of external soft parts of the body with the hands or with the aid of any
mechanical apparatus or electrical apparatus or appliance. This paragraph
does not apply to:

(a) Persons who are licensed pursuant to title 32, chapter 7, 8,
13, 14 or 17.

(b) Registered nurses, licensed practical nurses or technicians who
are acting under the supervision of a physician who is licensed pursuant
to title 32, chapter 13 or 17.

(d) Persons who are employed or acting as trainers for a bona fide
amateur, semiprofessional or professional athlete or athletic team.

13. "Nude model studio" means a place in which a person who appears
in a state of nudity or who displays specific anatomical areas is
observed, sketched, drawn, painted, sculptured, photographed or otherwise
depicted by other persons who pay money or other consideration. Nude
model studio does not include a proprietary school that is licensed by
this state, a college, community college or university that is supported
entirely or in part by taxation, a private college or university that
maintains and operates educational programs in which credits are
transferable to a college, community college or university that is
supported entirely or in part by taxation or a structure to which the
following apply:

(a) A sign is not visible from the exterior of the structure and no
other advertising appears indicating that a nude person is available for
viewing.

(b) A student must enroll at least three days in advance of a class
in order to participate.

14. "Nude", “nudity" or "state of nudity" means any of the
following:

(a) The appearance of a human anus, genitals or a female breast
below a point immediately above the top of the areola.

(b) A state of dress that fails to opaquely cover a human anus,
genitals or a female breast below a point immediately above the top of the
areola.

15. "Principal business purposes" means that a commercial
establishment derives fifty percent or more of its gross income from the
sale or rental of items listed in paragraph 2 of this subsection.

16. "Seminude" means a state of dress in which clothing covers no
more than the genitals, pubic region and female breast below a point
immediately above the top of the areola, as well as portions of the body
that are covered by supporting straps or devices.

-14-
House Amendments to H.B. 2031

17. “Specific anatomical areas" means any of the following:

(a) A human anus, genitals, the pubic region or a female breast
below a point immediately above the top of the areola that is less than
completely and opaquely covered.

(b) Male genitals in a discernibly turgid state even if completely
and opaquely covered.

18. "Specific sexual activities" means any of the following:

(a) Human genitals in a state of sexual stimulation or arousal.

(b) Sex acts, normal or perverted, actual or simulated, including
acts of human masturbation, sexual intercourse, oral copulation or sodomy.

(d) Excretory functions as part of or in connection with any of the
activities under subdivision (a), (b) or (c) of this paragraph.

Sec. 6. Section 15-923, Arizona Revised Statutes, is amended to
read:

15-923. Contracts for transportation; requirement; report

A. As an alternative to maintaining and operating a transportation
program or in conjunction with a transportation program, a _ school
district, if it is found to be economically advantageous, may contract for
vehicles and other transportation services. Contracts may be with another
political subdivision, a common or contract carrier or a private party.

B. In order to expediently process contracts for the provision of
transportation, a school district may select a preapproved contract
carrier or private party that meets—bott-ofthefottoming crtteriz:

t> provides one or more of the following:

1. Electric school buses.

2. Electric school bus charging infrastructure.

3. Charging and charging management services.

4. Electric school bus services.

C. In addition to other powers and duties prescribed by title 11,
chapter 2, article 4, any board of supervisors, at the request of any or
all of the governing boards of the school districts within the county, may
provide necessary student transportation. If the board of supervisors and
the governing board or boards of such school districts mutually agree that
such an arrangement is economically advantageous, the governing board of
the school district is authorized to sell or lease its bus or buses to the
board of supervisors for such purposes. Agreement between the parties
shall be by written contract.

D. An eligible student who is transported part by contract and part
by school district transportation facilities may not be counted as more
than one eligible student.

E. Miles driven to transport eligible students may not be reported
as daily route miles by more than one school district.

-15-
House Amendments to H.B. 2031

F. Each school district shall. submit electronically to the
department of education a report regarding the routes contracted, the
contractor contract information, the number of eligible students
transported by each contractor and any additional information requested by
the department of education.

Sec. 7. Section 20-3151, Arizona Revised Statutes, is amended to
read:

20-3151. Definitions

For—the—purposes—of IN this sectiorm CHAPTER, UNLESS THE CONTEXT

OTHERWISE REQUIRES:

1. “Enrollee" means an individual who is enrolled in a health care
plan provided by a health care insurer.

2. “Health care insurer" means a disability insurer, group

disability insurer, blanket disability insurer, health care services
organization, hospital service corporation, medical service corporation or
hospital and medical service corporation.

3. "Health care plan":

(a) Means a policy, contract or evidence of coverage issued to an

(b) Does not include limited benefit coverage as defined in section

4, “Health care professional" means a professional who is regulated
pursuant to title 32, chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19,
19.1, 25, 28, 29, 33, 34, 35;>-39 or 41, title 36, chapter 6, article 7 or
title 36, chapter 17.

ready

-16-
House Amendments to H.B. 2031

Sec. 8. Section 28-900, Arizona Revised Statutes, is amended to
read:

28-900. School transportation rules

A. The department of public safety tm—consuttattor—wittthe-student
transportatton—advtsory—councttestabtisted bysectton- 28-3653 shall adopt
rules as necessary to improve the safety and welfare of student passengers
by minimizing the probability of accidents involving school buses and
student passengers and by minimizing the risk of serious bodily injury to
student passengers in the event of an accident.

B. The rules may include:

1. Minimum standards for the design and equipment of school buses
that are designed for sixteen or more passengers.

2. Minimum standards for the periodic inspection and maintenance of
school buses that are designed for sixteen or more passengers.

3. Procedures for the operation of school buses that are designed
for sixteen or more passengers.

4. Minimum standards for the design and equipment of motor vehicles
described in section 15-925 that are substantially different than the
minimum standards prescribed in paragraph 1 of this subsection.

5. Minimum standards for the periodic inspection and maintenance of
motor vehicles described in section 15-925.

6. Procedures for the operation of motor vehicles described in
section 15-925.

7. Other criteria as deemed by the department of public safety and
the student transportation advisory council to be _ necessary = and
appropriate to ensure the safe operation of school buses and motor
vehicles that are described in section 15-925. Any rules adopted pursuant
to this section shall allow for a variety of vehicles to be used to meet
the needs of students and systems of varying sizes and locations.

C. The rules shall provide, if applicable, minimum standards equal
to or more restrictive than those adopted by the United States department
of transportation in accordance with 23 United States Code and rules
adopted pursuant to 23 United States Code.

D. Notwithstanding a rule adopted by the department of public
safety with respect to exterior color of a school bus that is designed for
sixteen or more passengers, in order to reduce the interior temperature of
a school bus, the exterior top of a school bus may be painted white, but
the white area shall not extend beyond the center clearance lights, front
and rear, and shall not extend below a line five inches above the top of
the side windows.

-18-
House Amendments to H.B. 2031

E. An officer or employee of any school district or charter school
who violates any of the rules or who fails to include the obligation to
comply with the rules in any contract executed by the officer or employee
on behalf of the school district or charter school is guilty of misconduct
and is subject to removal from office or employment. Any person who
operates a school bus or motor vehicle under contract with a_ school
district or charter school and who fails to comply with any of the rules
is in breach of contract, and the school district or charter school shall
cancel the contract after notice and a hearing by the responsible officers
of the school district or charter school.

F. The department of public safety shall enforce the rules adopted
pursuant to this section.

Sec. 9. Repeal
A. Sections 28-2422, 28-2422.01 and 28-2422.02, Arizona Revised

Statutes, are repealed.
B. Title 28, chapter 8, article 2, Arizona Revised Statutes, is

repealed.

Sec. 10. Section 28-3228, Arizona Revised Statutes, is amended to
read:

28-3228. School bus drivers; student transportation

requirements; rules; cancellation of certificate

A. A person shall not operate a school bus that is designed for
sixteen or more passengers and that’ transports schoot——ehithtren
SCHOOLCHILDREN unless the person possesses the appropriate license class
for the size of school bus being operated that is issued by the department
of transportation, a bus endorsement that is issued by the department of
transportation and a school bus certificate that is issued by the
department of public safety. A person shall not operate a MOTOR vehicle
described in section 15-925 to transport schoolchildren unless the person
possesses the appropriate license class for the size of the MOTOR vehicle
being operated, a school bus driver certificate that is issued by the
department of public safety and a valid fingerprint clearance card as
required by subsection D of this section.

B. To be certified as a school bus driver for a vehicle that is
designed for sixteen or more passengers, a person shall do both of the
following:

1. Meet and maintain the minimum standards prescribed by this
section and rules adopted by the department of public safety 77

2. Complete an initial instructional course on school bus driver

safety and training, including behind the wheel training.

rules that establish minimum standards for the certification of school bus
drivers and drivers of other MOTOR vehicles described in section 15-925.
In cooperation with local school districts and charter schools, the

-19-
House Amendments to H.B. 2031

department of public safety shall provide for school transportation safety
and training courses. The standards established shall:

1. Include requirements concerning knowledge of operating a school
bus or a MOTOR vehicle described in section 15-925, pupil and motor
vehicle safety, physical impairments that might affect the applicant's
ability to safely operate a school bus or MOTOR vehicle described in
section 15-925 or that might endanger the health or safety of passengers,
knowledge of first aid, establishment of school bus and other vehicle
safety and training courses, a refresher course to be completed on at
least a biennial basis and other matters as the department of public
safety and—the—student—transportaetton—advtsory—counctt—estabttstred—_by
section 28-3053 prescribe PRESCRIBES for the protection of the public.

2. Require tests to detect the presence of alcohol or the use of a
drug in violation of title 13, chapter 34 that may adversely affect the
ability of the applicant to safely operate a school bus or MOTOR vehicle
described in section 15-925.

3. Authorize the performance of hearing tests with or without the
use of a hearing aid as provided in 49 Code of Federal Regulations section
391.41.

4. Require the applicant to possess a commercial driver license
issued by the department, except that:

(a) Notwithstanding subsection A of this section the applicant may
possess a commercial driver license issued by another state if the
applicant will be driving a school bus for a school district that is
adjacent to that state.

(b) An applicant to drive a MOTOR vehicle described in section
15-925 does not need to possess or obtain a commercial driver license.
This subdivision applies only if a commercial driver license is not
required by state or federal law to operate the vehicle based on the
vehicle's gross vehicle weight rating or occupancy.

D. Each person who applies for a school bus driver certificate
shall have a valid fingerprint clearance card that is issued pursuant to
title 41, chapter 12, article 3.1 and shall submit an identity verified
fingerprint card as described in section 15-106 that the department of
public safety shall use to process the fingerprint clearance card as
outlined in section 15-106.

E. A person who is issued a school bus driver certificate shall
maintain a valid identity verified fingerprint clearance card for the
duration of any school bus driver certification period.

F. The department of public safety shall suspend a school bus
driver certificate if the fingerprint clearance card is_ invalid,
suspended, canceled or revoked.

G. The department of public safety shall issue a school bus driver
certificate to an applicant who meets the requirements of this section.
The certificate is valid if the applicant maintains the minimum standards
established by this section.

-20-
House Amendments to H.B. 2031

H. The department of public safety may cancel the certificate if
the person's license to drive is suspended, canceled, revoked or
disqualified. The department of public safety shall cancel’ the
certificate if the person fails to maintain the minimum standards
established pursuant to this section. A person whose application for a
certificate is refused or whose certificate is canceled for failure to
meet or maintain the minimum standards may request and receive a hearing
from the department of public safety.

I. The department of public safety shall enforce the rules adopted
pursuant to this section.

Sec. 11. Repeal

Title 32, chapter 5, Arizona Revised Statutes, is repealed.

Sec. 12. Section 32-2231, Arizona Revised Statutes, is amended to
read:

32-2231. Acts constituting the practice of veterinary

medicine; exceptions; definitions

A. A person shall be regarded as practicing veterinary medicine,
surgery and dentistry within the meaning of this chapter who, within this
state:

1. By advertisement, or by any notice, sign or other indication, or
by a statement written, printed or oral, in public or in private, made,
done or procured by the person or any other at the person's request
claims, announces, makes known or pretends ability or willingness to
diagnose any animal condition, disease, deformity, defect, wound or injury
or to perform any type of surgical procedure on animals.

2. Advertises or makes known or claims ability and willingness to
perform the following for hire, fee, compensation or reward that is
directly or indirectly promised, offered, expected, received or accepted:

(a) Prescribe or administer any drug, medicine, treatment, method
or practice for any animal.

(b) Perform any operation or manipulation on or apply any apparatus
or appliance to any animal.

(c) Give any instruction or demonstration for the cure,
amelioration, correction or reduction or modification of any animal
condition, disease, deformity, defect, wound or injury.

3. Diagnoses or prognosticates any animal condition, disease,
deformity, defect, wound or injury for hire, fee, reward or compensation
that is directly or indirectly promised, offered, expected, received or
accepted.

4. Prescribes or administers any drug, medicine, treatment, method
or practice, performs any operation or manipulation, or applies any
apparatus or appliance for the cure, amelioration, correction or
modification of any animal condition, disease, deformity, defect, wound or
injury for hire, fee, compensation or reward that is directly or
indirectly promised, offered, expected, received or accepted.

B. This section does not apply to:

-21-
House Amendments to H.B. 2031

1. Duly authorized representatives of the United States department
of agriculture in the discharge of any duty authorized by the director in
charge of the animal disease eradication division.

2. A certified veterinary technician performing a task or function
authorized by the rules of the board in the employ of and under the
direction, supervision and control of a licensed veterinarian or a
licensed veterinary faculty member.

3. An equine dental practitioner if all of the following apply:

(a) The equine dental practitioner is certified by the
international association of equine dentistry or the academy of equine
dentistry.

(b) The equine dental practitioner performs any of the following
procedures under the general supervision of a licensed veterinarian:

(i) The application of any apparatus used to work on the oral
cavity.

(ii) The examination of dental conditions.

(iii) The removal of overgrowth from the teeth of horses and the
removal of sharp enamel points from the teeth of horses, excluding any
extractions unless the certified equine dental practitioner is under the
direct supervision of a licensed veterinarian.

(iv) Any treatment of the oral cavity as authorized by the animal's
owner, excluding any extractions unless the certified equine dental
practitioner is under the direct supervision of a licensed veterinarian,

(i) Proof of current certification from the _ international
association of equine dentistry or the academy of equine dentistry.

(ii) A written statement signed by the supervising veterinarian
that the certified equine dental practitioner will be under the general or
direct supervision of the licensed veterinarian when performing the
procedures prescribed by this paragraph.

(d) Both the supervising veterinarian and the certified equine
dental practitioner maintain dental charts for procedures done pursuant to
this paragraph.

4. A veterinary student who performs acts of health care or
prescribed veterinary procedures as a part of the student's educational
experience if both of the following apply:

(a) The acts are assigned by a licensed veterinarian or a licensed
veterinary faculty member who is responsible for the animal's care.

(b) The student works under the direct supervision of a licensed
veterinarian or a licensed veterinary faculty member.

5. An acupuncturist who is treating an animal purswant—to—secttor
32-3926 and who is in compliance with all of the following:

(a) Is nationally certified by the American board of animal
acupuncture or the national certification commission for acupuncture and
oriental medicine to treat animals.

-22-
House Amendments to H.B. 2031

tcy (b) Has received a referral for acupuncture treatment from a
licensed veterinarian who has diagnosed the animal.

‘dy (c) Maintains records on every animal and provides the records
to the treating veterinarian on request.

tey (d) Maintains adequate insurance to specifically cover any
injuries to the animal, the animal's owner or staff members working on the
animal.

tf (e) If the acupuncturist is not providing the treatment in a
licensed veterinary premises that is operated by a licensed veterinarian,
complies with all of the following:

(i) The animal is not treated in the same area as human patients.

(ii) The premises has secured areas to contain animals safely
during any treatment.

(iii) The staff is trained to properly hold any animal being
treated.

(iv) Protocols are in place to handle emergency situations that may
arise with the animal that is being treated.

(v) Sanitation protocols are in place to ensure human and animal
safety.

toy (f) Assesses and treats the animal consistent wit the
licensed acupuncturist's training and, on request, communicates’ the
findings, treatment and results to the treating licensed veterinarian in a
timely manner. On request, the treating licensed veterinarian shall
provide the treating acupuncturist with all medical information that may
assist in the treatment of the animal.

tty (g) Is solely liable for the acupuncture treatment provided to
the animal that is also under the care of a licensed veterinarian.

6. A rabies vaccinator who is certified pursuant to _ section
32-2240.02.

C. Notwithstanding subsection B, paragraph 3 of this section, only
a licensed veterinarian and not an equine dental practitioner’ may
prescribe or administer, or both prescribe and administer, any drug or
medicine.

D. For the purposes of this section:

1. "Direct supervision" means a_ licensed veterinarian must
authorize and be physically present for the procedure.

2. "General supervision" means a licensed veterinarian must be
available for consultation by telephone or other form of immediate
communication.

Sec. 13. Section 32-2901, Arizona Revised Statutes, is amended to
read:

32-2901. Definitions

In this chapter, unless the context otherwise requires:

-23-
House Amendments to H.B. 2031

1. “Acupuncture" means a medical therapy in which ailments are
diagnosed and treated by the specific application of needles, heat or
physical and electromagnetic impulses or currents to specific anatomic
points on the body through any of the following:

(a) Diagnosing and treating ailments according to the systematic
principles of traditional Asian medicine.

(b) Diagnosing and treating pain, neuromuscular disorders and other
ailments based on the body's biophysics and neuroanatomic structure.

(c) Using devices to determine the biologic electrical response
pattern of acupuncture points as a guide to diagnose bodily ailments and
to guide the prescription of homeopathic substances, orthomolecular
therapy or pharmaceutical medicine.

2. “Adequate records" means legible medical records that contain at
a minimum sufficient information to identify the patient, support the
diagnosis, document the treatment, accurately describe the _ results,
indicate advice, cautionary warnings and informed consent discussions with
the patient and provide sufficient information for another licensed health
care practitioner to assume continuity of the patient's care and to
continue or modify the treatment plan.

3. "Approved internship" means that the applicant has completed
training in a hospital that was approved for internship, fellowship or
residency training by the council on medical education in hospitals of the
American medical association, the association of American’ medical
colleges, the royal college of physicians and surgeons of Canada, the
American osteopathic association or any board-approved similar body in the
United States or Canada that approves hospitals for internship, fellowship
or residency training.

4. “Approved school of medicine”:

(a) As it relates to a person who is seeking licensure pursuant to
section 32-2912, subsection A, means a school or college that offers a
course of study that on successful conclusion results in a degree of
doctor of medicine or doctor of osteopathic medicine and that offers a
course of study that is approved or accredited by the association of
American medical colleges, the association of Canadian medical colleges,
the American medical association, the American osteopathic association or
any board-approved similar body in the United States or Canada that
accredits this course of study.

(b) As it relates to a person who is seeking licensure pursuant to
section 32-2912, subsection B, means a school or college that on
successful completion results in a degree of doctor of homeopathy and that
is approved or accredited by the accreditation commission for homeopathic
education in North America or any board-approved similar body that
accredits this course of study.

5. “Approved training program", for a person who is_ seeking
licensure pursuant to section 32-2912, subsection B, means a program that
requires the person to both:

(a) Successfully complete one of the following:

-24-
House Amendments to H.B. 2031

(i) A program that would qualify an applicant to become certified
or licensed to practice pursuant to chapter 8, 14>— OR 19 vor—39 of this
title.

(ii) Training and testing by the United States armed forces at a
level comparable to the national standards for emergency medical care
technicians.

(iii) A program that is approved or accredited by the accreditation
commission for homeopathic education in North America, or its successor
organization, or any similar board-approved body that accredits this
course of study.

(b) Meet one of the following:

(i) Hold, or pass the examination to hold, a certification from the
council for homeopathic certification or its successor as designated by
the board.

(ii) Complete a program that is approved by the board and that is
designed to prepare the person for the practice of homeopathic medicine.

6. "“Board" means the board of homeopathic and integrated medicine
examiners.

7. “Chelation therapy" means an experimental medical therapy to
restore cellular homeostasis through the use of intravenous, metal-binding
and bioinorganic agents such as ethylene diamine tetraacetic acid.
Chelation therapy is not an experimental therapy if it is used to treat
heavy metal poisoning.

8. "Controlled substance" means a drug or substance or a drug's or
substance's immediate precursor that is defined or listed in title 36,
chapter 27, article 2 or the rules adopted pursuant to title 36, chapter
27, .articie 2.

9. "Drug" means a medication or substance that is any of the
following:

(a) Recognized in the official compendia or for which standards or
specifications are prescribed in the official compendia.

(b) Intended for use in diagnosing, curing, mitigating, treating or
preventing human diseases.

10. "Homeopathic medication" means a substance of animal, vegetable
or mineral origin that is prepared according to homeopathic pharmacology
and that is given usually in a homeopathic microdosage.

11. "Homeopathic microdosage" means a substance prepared so that it
is diluted from ten to the minus one to ten to the minus ten-thousandth or
higher of its original concentration.

12. “Homeopathy" means a system of medicine that employs
homeopathic medication in accordance with the principle that a substance
that produces symptoms in a healthy person can cure those symptoms in an
ill person.

-25-
House Amendments to H.B. 2031

13. “Immediate family" means a person's spouse, natural or adopted
children, parents and siblings and the natural or adopted children,
parents and siblings of the person's spouse.

14. “Letter of concern" means an advisory letter to notify a
licensee that, while there is insufficient evidence to _ support
disciplinary action, the board believes the licensee should modify or
eliminate certain practices.

15. "Licensee" means a person who is licensed pursuant to this
chapter.
16. "Medical assistant" means an unlicensed person who has

completed an educational program approved by the board, who assists in a
homeopathic practice under the supervision of a doctor of homeopathy or
homeopathic physician and who performs delegated procedures commensurate
with the assistant's education and training but who does not diagnose,
interpret, design or modify established treatment programs or violate any
statute.

17. “Medical incompetence" means the lack of sufficient medical
knowledge or skill by a licensee to a degree that is likely to endanger a
patient's health. Medical incompetence includes the range of knowledge
expected for basic licensure pursuant to this chapter or as a medical or
osteopathic physician in any professional regulatory jurisdiction of the
United States and additional knowledge of homeopathic treatments and
modalities expected of persons who are licensed pursuant to this chapter.

18. “Minor surgery":

(a) Means surgical procedures that are conducted by a licensee who
is licensed pursuant to section 32-2912, subsection A in an outpatient
setting and that involve the removal or repair of lesions or injuries to
the skin, mucous membranes and subcutaneous tissues, the use of topical,
local or regional anesthetic agents, the treatment by stabilizing or
casting nondisplaced and uncomplicated fractures of the extremities and
diagnostic endoscopies of the intestinal tract, nasopharynx and vagina.

(b) Includes diagnostic aspiration of joints and subcutaneous
cysts, therapeutic injections of muscular trigger points, tendons,
ligaments and scars and the subcutaneous implantation of medical
therapeutic agents.

(c) Does not include the use of general, spinal or epidural
anesthesia, the opening of body cavities, the repair of blood vessels and
nerves or the biopsy by incision, excision or needle aspiration of
internal organs, the breast or the prostate.

19. “Neuromuscular integration" means musculoskeletal therapy that
uses any combination of manual methods, physical agents and physical
medicine procedures and devices to improve physiological function by
normalizing body structure.

20. "Nutrition" means the recommendation by a_ licensee of
therapeutic or preventative dietary measures, food factor concentrates,
fasting and cleansing regimens and the rebalancing by a licensee of

-26-
House Amendments to H.B. 2031

digestive system function to correct diseases of malnutrition, to resolve
conditions of metabolic imbalance and to support optimal vitality.

21. “Orthomolecular therapy" means therapy to provide the optimum
concentration of substances normally present in the human body such as
vitamins, minerals, amino acids and enzymes. Orthomolecular’ therapy
includes the diagnosis of ailments or physiologic stresses that occur as a
result of genetic or environmental influences as well as acquired or
inherited allergy and hypersensitivity responses.

22. "Pharmaceutical medicine" means a drug therapy that uses
prescription-only and nonprescription pharmaceutical agents as well as
medicinal agents of botanical, biological or mineral origin and that is
based on current scientific indications or traditional or historical usage
indications.

23. "Practice of homeopathic medicine",

(a) For the purposes of a person who is licensed pursuant to
section 32-2912, subsection A, means the practice of medicine in which the
person purports to diagnose, treat or correct actual or imagined human
diseases, injuries, ailments, infirmities and deformities of a physical or
mental origin using treatment modalities that include acupuncture,
chelation therapy, homeopathy, minor surgery, neuromuscular integration,
nutrition, orthomolecular therapy and pharmaceutical medicine.

(b) For the purposes of a person who is licensed pursuant to
section 32-2912, subsection B, means the practice of medicine in which the
person purports to diagnose, treat or correct actual or imagined human
diseases, injuries, ailments, infirmities and deformities of a physical or
mental origin by means of homeopathy or nutrition.

24. "“Preceptorship” means an extended period of individual study
with one or more experienced homeopathic physicians or institutions.
25. "“Prescription-only drug" does not include a_ controlled

substance but does include:

(a) A drug that is generally regarded by medical experts to be
unsafe if its use and dosage are not supervised by a medical practitioner.

(b) A drug that is approved for use under the supervision of a
medical practitioner pursuant to the federal new drug application law or
section 32-1962.

(d) A drug that is required by federal law to bear on its label the

following words: "Caution: Federal law prohibits dispensing without
prescription.”
26. “Professional negligence" means any of the following:

(a) That a licensee administers treatment to a patient in a manner
that is contrary to accepted practices and that harms the patient if it
can be shown to the board's satisfaction that accepted practices are

inherently less hazardous.
(b) That a licensee commits an act of unprofessional conduct or

displays an unreasonable lack of professional skill or fidelity.

-27-
House Amendments to H.B. 2031

44
45
46

(c) That a licensee's negligence, carelessness or disregard of
established principles or practice results in a_ patient's injury,
unnecessary suffering or death.

27. "Special purpose licensing examination" means an examination
developed by the national board of medical examiners on behalf of the
federation of state medical boards for use by state licensing boards to
test the basic medical competence of physicians who are applying for
licensure and who have been in practice in another jurisdiction of the
United States and to determine the competence of a physician under
investigation by a state licensing board.

Sec. 14. Section 32-2904, Arizona Revised Statutes, is amended to
read:

32-2904. Powers and duties

A. The board shall:

1. Conduct all examinations for applicants for a license under this
chapter, issue licenses, conduct hearings, regulate the conduct of

licensees and administer and enforce this chapter.

2. Enforce the standards of practice prescribed by this chapter and
board rules.

3. Collect and account for all fees under this chapter and deposit,
pursuant to sections 35-146 and 35-147, the monies in the appropriate
fund.

4. Maintain a record of its acts and proceedings, including the
refusal to issue a license or the issuance, renewal, suspension or
revocation of licenses to practice according to this chapter.

5. Maintain a roster of all persons who are licensed pursuant to
this chapter that includes:

(a) The licensee's name.

(b) The current professional office address.

(d) Whether the licensee is in good standing.

6. Adopt and use a seal, the imprint of which is evidence of the
board's official acts.

7. Contract with the department of administration for
administrative and recordkeeping services.

8. Charge additional fees that do not exceed the cost of the
services for services the board deems necessary to carry out its intent
and purposes.

9. Adopt rules regarding the regulation and the qualifications of
medical assistants.

10. Keep board records open to public inspection during normal

business hours.

B. The board may:
1. Adopt rules necessary or proper to administer this chapter.

-28-
House Amendments to H.B. 2031

2. Subject to title 41, chapter 4, article 4, hire personnel to
carry out the purposes of this chapter.

3. Hire investigators subject to title 41, chapter 4, article 4 or
contract with investigators to assist in investigating violations of this
chapter and contract with other state agencies if required to carry out
this chapter.

4. Appoint one of its members to the jurisdiction arbitration panel
pursuant to section 32-2907, subsection B.

5. Subject to title 41, chapter 4, article 4, employ consultants to
perform duties the board determines are necessary to implement this
chapter.

6. Compile and publish an annual directory.

7. Adopt rules to establish competency or professional review
standards for any minor surgical procedure.

8. Appoint two or more board members to a subcommittee that reviews
and approves applications and issues permits pertaining to homeopathic
medical assistants and associated practical educational programs, pursuant
to board rules.

9. Appoint two or more board members to a subcommittee that reviews
and approves applications and issues permits pertaining to drugs and
device dispensing practices, pursuant to board rules.

Sec. 15. Section 32-2905, Arizona Revised Statutes, is amended to
read:

32-2905. Executive director; personnel; duties; compensation

A. SUBJECT TO TITLE 41, CHAPTER 4, ARTICLE 4, THE BOARD MAY APPOINT
AN EXECUTIVE DIRECTOR WHO SERVES AT THE PLEASURE OF THE BOARD. THE
EXECUTIVE DIRECTOR MAY NOT BE A BOARD MEMBER.

B. THE EXECUTIVE DIRECTOR IS ELIGIBLE TO RECEIVE COMPENSATION SET
BY THE BOARD WITHIN THE RANGE DETERMINED PURSUANT TO SECTION 38-611.

B> C. The executive director shall:

1. Collect all monies due and payable to the board.

2. Deposit, pursuant to sections 35-146 and 35-147, all monies
received by the board in the appropriate fund.

3. Prepare bills for authorized expenditures of the board and
obtain warrants from the department of administration.

4. Act as custodian of the seal, books, records, minutes and
proceedings of the board.

5. Perform all duties prescribed by the board.

6. Perform all administrative duties of the board.

7. Subject to title 41, chapter 4, article 4, employ personnel
necessary to carry out board functions.

-29-
House Amendments to H.B. 2031

Sec. 16. Section 32-2932, Arizona Revised Statutes, is amended to
read:

32-2932. Use of title or abbreviation by licensees

A. A person who is licensed pursuant to section 32-2912, subsection
A may use the designation and sign the licensee's name, wherever required,
in any capacity, as “homeopathic doctor">— OR “homeopathic physician". If
the licensee is a graduate of a board-approved allopathic school of
medicine, the licensee may also use the designation "medical doctor
(homeopathic)". If the licensee is a graduate of a board-approved
osteopathic school of medicine, the licensee may also use the designation
"doctor of osteopathic medicine (homeopathic)".

B. A person who is licensed pursuant to section 32-2912, subsection
B may use the designation “homeopathic practitioner", "doctor of
homeopathy" or “homeopathic doctor". A person may use the designation
"homeopathic doctor" or "doctor of homeopathy" only if the person holds a
doctorate and is licensed pursuant to chapter 8, 14;— OR 19 ur—39 of this
ttthe.

C. The board may adopt in rule abbreviations for the titles listed
in subsections A and B of this section.

Sec. 17. Section 32-3021, Arizona Revised Statutes, is amended to
read:

32-3021. Private vocational program license; qualifications;

provision of information; exemptions

A. A person shall not operate a private vocational program unless
the person holds a private vocational program license issued pursuant to
this chapter. Each program offered by a private vocational program
licensee shall be authorized on a private vocational program license. The
board shall prescribe the manner in which the programs are identified on
the license.

B. An applicant for a private vocational program license shall meet
all of the following requirements:

1. Furnish a letter of credit, surety bond or cash deposit as
provided in section 32-3023.

2. Make specific information concerning educational programs,
including statements of purpose, objectives, course of study, policies,
fees and other pertinent information, available to prospective students
and the general public.

3. Be financially responsible and have management capability.

4. Maintain a qualified faculty.

5. Maintain’ facilities, equipment and materials that~ are
appropriate for the stated program. All facilities shall meet applicable
state and local health and safety laws.

6. Maintain appropriate records as the board prescribes that are
properly safeguarded and preserved.

7. Use only advertisements that are consistent with the information
made available as provided in paragraph 2 of this subsection.

8. Provide courses of instruction that meet stated objectives.

-30-
House Amendments to H.B. 2031

9. Provide a grievance procedure for students.

10. Comply with all federal and state laws relating to _ the
operation of a private postsecondary educational institution.

11. Other requirements the board deems necessary.

C. An applicant for a private vocational program license shall
submit evidence of meeting the requirements prescribed in subsection B of
this section to the board. The board shall verify the evidence submitted.
Verification shall include on-site verification.

D. The filing of an application grants the board the authority to
obtain information from any of the following:

1. A licensing board or agency in any state, district, territory or
county of the United States or any foreign country.

2. The Arizona criminal justice information system as defined in
section 41-1750.

3. The federal bureau of investigation.

E. The board, on application, may issue a _ private vocational
program license to a new educational institution as provided in this
section, except that the board shall establish separate minimum standards
for licensure requirements of new educational institutions. These minimum
standards may include the modification of licensure requirements as
provided in subsection B, paragraphs 3, 5, 6, 7 and 8 of this section to
meet the circumstances of new educational institutions. The board, on
application, may issue a private vocational program license to an
educational institution that is otherwise exempt under subsection F of
this section. The board shall monitor the new educational institution to
ensure compliance with the licensure requirements. The board shall issue
a private vocational program license as provided in this subsection one
time only to new educational institutions.

F. This section does not apply to any of the following:

2> 1. An instructional program or course sponsored by a bona fide
trade association solely for its members.

3> 2. Privately owned academic schools engaged in the process of
general education that is designed to produce a level of development
equivalent to that necessary to meet the requirements for entrance into a
public community college or public university in this state and that may
incidentally offer technical and vocational courses as part of the
curriculum.

4> 3. Schools or private instruction conducted by any _ person
engaged in training, tutoring or teaching individuals or groups, if the
instruction is related to hobbies, avocations, academic improvement or
recreation and may only incidentally lead to gainful employment.

5. Schools conducted by any person solely for training the person's
own employees.

6. An instructional program or course offered solely for employees
and for the purpose of improving the employees in their employment if both
of the following apply:

-31-
House Amendments to H.B. 2031

(a) The employee is not charged a fee.

(b) The employer provides or funds the program or course pursuant
to a valid written contract between the employer and a program or course
provider.

7. Training conducted pursuant to 14 Code of Federal Regulations
part 141.

8. A school that solely provides an instructional program for
certified nursing assistants and licensed nursing assistants and that is
licensed by the nursing board pursuant to section 32-1606, subsection B,
paragraph 11.

9. A professional driving training school licensed by the
department of transportation pursuant to chapter 23, articles 1, 2 and 3
of this title.

10. A training program approved by the board of examiners of
nursing care institution administrators and assisted living facility
managers that solely provides training for managers and caregivers of
assisted living facilities.

11. A yoga teacher training course or program or a = yoga
instructional course or program.

12. A private instructional program or course that is less than
forty contact hours in length and that charges a fee of less than
$1,000. For the purposes of this paragraph, "contact hour" means a
fifty-minute session of scheduled in-class or online instruction.

Sec. 18. Section 32-3101, Arizona Revised Statutes, is amended to
read:

32-3101. Definitions

In this chapter, unless the context otherwise requires:

1. "Certification" means a voluntary process by which a regulatory
entity grants recognition to an individual who has_ met certain
prerequisite qualifications specified by that regulatory entity and who
may assume or use the word "certified" in a title or designation to
perform prescribed health professional tasks.

2. “Grandfather clause" means a provision that is applicable to
practitioners who are actively engaged in the regulated health profession
before the effective date of a law and that exempts the practitioners from
meeting the prerequisite qualifications set forth in the law to perform
prescribed occupational tasks.

3. “Health professional group" means any health professional group
or organization, any individual or any other interested party that
proposes that any health professional group that is not presently
regulated be regulated.

4. “Health professions” means professions that are regulated
pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21,
25, 28, 29, 33, 34, 35;-39 or 41 of this title, title 36, chapter 6,
article 7 or title 36, chapter 17.

5. “Inspection" means the periodic examination of practitioners by
a state agency in order to ascertain whether the practitioners’ occupation

-32-
House Amendments to H.B. 2031

is being carried out in a fashion consistent with the public health,
safety and welfare.

6. “Licensure” or "license" means an individual, nontransferable
authorization to carry on a health activity that would otherwise be
unlawful in this state in the absence of the permission and that is based
on qualifications that include graduation from an accredited or approved
program and acceptable performance on a qualifying examination or a series
of examinations.

7. “Practitioner” means an individual who has achieved knowledge
and skill by practice and who is actively engaged in a specified health
profession.

8. “Public member” means an individual who is not and never has
been a member or the spouse of a member of the health profession being
regulated and who does not have and never has had a material financial
interest in either rendering the health professional service being
regulated or an activity directly related to the profession being
regulated.

9. "Registration" means the formal notification that, before
rendering services, a practitioner must submit to a state agency setting
forth the name and address of the practitioner, the location, nature and
operation of the health activity to be practiced and, if required by a
regulatory entity, a description of the service to be provided.

10. “Regulatory entity" means any board, commission, agency or
department of this state that regulates one or more health professions in
this state.

11. "State agency" means any department, board, commission or
agency of this state.

Sec. 19. Section 32-3201, Arizona Revised Statutes, is amended to
read:

32-3201. Definitions

In this chapter, unless the context otherwise requires:

@> 1. “Health professional" means a person who is certified or
licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19,
19.1, 21, 25, 28, 29, 33, 34, 35, 39> 41 or 42 of this title, title 36,
chapter 4, article 6, title 36, chapter 6, article 7 or title 36, chapter

t> 2. “Health profession regulatory board" means any board that
regulates one or more health professionals in this state.

3. “Medical record RECORDS" has the same meaning prescribed in
section 12-2291 but does not include prescription orders.

Sec. 20. Section 32-3218, Arizona Revised Statutes, is amended to

read:
32-3218. Health profession regulatory boards; members;
training; definitions
A. ®eginmming—danuery—t— #045; Each member of a health profession

regulatory board shall complete a twelve-hour training within one year
after the member's initial appointment to the board. Any—wember—of—a@

-33-
House Amendments to H.B. 2031

required—by—this—subsectton; The training must include the subjects of
governance and administrative management, disciplinary procedures, conduct
of quasi-judicial proceedings, administrative procedure and rule adoption
and licensure as they apply to the health profession regulatory board.
Any training completed by a current board member on and after January 1,
2014 on the topics specified in this subsection may count toward the
requirements of this subsection.

B. The training of board members required by this section may be
provided by the staff of any health profession regulatory board, the
office of the attorney general, the department of administration, the
auditor general or an outside educational institution or any other
provider that is approved by the health profession regulatory board on
which the member is serving.

C. Any board action taken by a health profession regulatory board
is not subject to challenge or invalidation because a board member has not
completed the training required by this section.

D. For the purposes of this section:

@> 1. “Health professional" means a person who is certified or
licensed pursuant to chapter 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19,
19.1, 21, 25, 28, 29, 34, 35, 39> 41 or 42 of this title.

t> 2. "Health profession regulatory board" means any board that
regulates one or more health professtorat PROFESSIONALS in this state.

Sec. 21. Section 32-3231, Arizona Revised Statutes, is amended to
read:

32-3231. Definitions

In this article, unless the context otherwise requires:

1. “Administer" means the direct application of or dispensing or
furnishing a prescription medication or a _ prescription-only device,
whether by injection or any other means, to the body of a patient by a
health professional or by the health professional's authorized agent at
the direction of the health professional.

3> 2. “Cosmetic purpose" means for the purpose of beautifying,

preserving or conferring comeliness, excluding therapeutic massage and
manipulations.

4> 3. "Department" means the department of health services.

5- 4. “Directly supervised" means a health professional who is
licensed in this state and whose scope of practice allows the supervision
supervises the use of a laser or IPL device for cosmetic purposes while
the health professional is present at the facility where and when the
device is being used.

6- 5. “Indirect supervision" means supervision by a_ health
professional who is licensed in this state, whose scope of practice allows
the supervision and who is readily accessible by telecommunication.

-34-
House Amendments to H.B. 2031

7 6. “IPL device" tas—the—same—neaning—prescribed—inr—sectton
32-516 MEANS AN INTENSE PULSE LIGHT CLASS II SURGICAL DEVICE CERTIFIED IN
ACCORDANCE WITH THE STANDARDS OF THE DEPARTMENT FOR COSMETIC PROCEDURES.

8- 7. “Laser” tas—the—same—meaning—prescrtbed—trsectton—32-5t6
MEANS ANY DEVICE THAT CAN PRODUCE OR AMPLIFY ELECTROMAGNETIC RADIATION
WITH WAVELENGTHS IN THE RANGE OF ONE HUNDRED EIGHTY NANOMETERS TO ONE
MILLIMETER PRIMARILY BY THE PROCESS OF CONTROLLED STIMULATED EMISSION AND
CERTIFIED IN ACCORDANCE WITH THE STANDARDS FOR THE DEPARTMENT FOR COSMETIC
PROCEDURES.

98> 8. "Laser technician" means a person who is or _ has_ been
certified by the department pursuant to its rules and this article.

t0> 9. "Registrant" means a person or entity that owns or operates
a laser or IPL device for which the application for registration is on
file with the department and that is in compliance with department rules.

Sec. 22. Repeal

Title 32, chapter 39, Arizona Revised Statutes, is repealed.

Sec. 23. Section 36-3601, Arizona Revised Statutes, is amended to

read:

36-3601. Definitions

For the purposes of this chapter:

1. “Health care decision maker" has the same meaning prescribed in
section 12-2801.

2. “Health care provider":

(a) Means a person licensed pursuant to title 32, chapter 7, 8, 13,
14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39> 41 or 42,
or chapter 4, article 6 of this title, chapter 6, article 7 of this title
or chapter 17 of this title.

(b) Includes:

(i) A health care institution licensed pursuant to chapter 4 of
this title.

(ii) A person who holds a training permit pursuant to title 32,
chapter 13 or 17.

3. "Health care provider regulatory board or agency" means a board
or agency that regulates one or more health care provider professions in
this state.

4. "Telehealth" means:

(a) The interactive use of audio, video or other electronic media,
including asynchronous store-and-forward technologies and remote patient
monitoring technologies, for the practice of health care, assessment,
diagnosis, consultation or treatment and the transfer of medical data.

(b) Includes the use of an audio-only telephone encounter between
the patient or client and health care provider if an audio-visual
telehealth encounter is not reasonably available due to the patient's
functional status, the patient's lack of technology or telecommunications
infrastructure limits, as determined by the health care provider.

voice mail or email.

-35-
House Amendments to H.B. 2031

Sec. 24. Section 41-619.51, Arizona Revised Statutes, is amended to
read:

41-619.51. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means the supreme court, the department of economic
security, the department of child safety, the department of education, the
department of health services, the department of juvenile corrections, the
department of emergency and military affairs, the department of public
safety, the department of transportation, the state real estate
department, the department of insurance and financial institutions, the
Arizona game and fish department, the Arizona department of agriculture,
the board of examiners of nursing care institution administrators and
assisted living facility managers, the state board of dental examiners,
the Arizona state board of pharmacy, the board of physical therapy, the
state board of psychologist examiners, the board of athletic training, the
board of occupational therapy examiners, the state board of podiatry
examiners, the—acupuncture—board-of-examimers the state board of technical
registration, or the board of massage therapy or the Arizona department of
housing.

2. "Board" means the board of fingerprinting.

3. "Central registry exception" means notification to_ the
department of economic security, the department of child safety or the
department of health services, as appropriate, pursuant to section
41-619.57 that the person is not disqualified because of a _ central
registry check conducted pursuant to section 8-804.

4. “Expedited review" means an examination, in accordance with
board rule, of the documents an applicant submits by the board or its
hearing officer without the applicant being present.

5. "Good cause exception" means the issuance of a_ fingerprint
clearance card to an employee pursuant to section 41-619.55.
6. "Person" means a person who is required to be fingerprinted

pursuant to this article or who is subject to a central registry check and
any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(1) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.

-36-
House Amendments to H.B. 2031

(0) Section 15-1881.

(p) Section 17-215.

(q) Section 28-3228.

(r) Section 28-3413.

(s) Section 32-122.02.

(t) Section 32-122.05.

(u) Section 32-122.06.

(v) Section 32-823.

(w) Section 32-1232.

(x) Section 32-1276.01.

(y) Section 32-1284.

(z) Section 32-1297.01.

(aa) Section 32-1904.

(bb) Section 32-1941.

(cc) Section 32-1982.

(dd) Section 32-2022.

(ee) Section 32-2063.

(ff) Section 32-2108.01.

(gg) Section 32-2123.

(hh) Section 32-2371.

(ii) Section 32-3430.

(jj) Section 32-3620.

(kk) Section 32-3668.

(11) Section 32-3669.

(mm) Section 32-4222.
(nn) Section 32-4128.
(00) Section 36-113.
(pp) Section 36-207.
(qq) Section 36-411.
(rr) Section 36-425.03.

(ss) S
(tt) S
(uu) §S
(vv) §S
(ww) S
(xx) §S
(yy)
(zz)
(aaa)
(bbb)
(ccc)
(ddd)
(eee)
(ggg)

ection 36-446.04.
ection 36-594.01.
ection 36-594.02.
ection 36-766.01.
ection 36-882.

ection 36-883.02.
Section 36-897.01.
Section 36-897.03.

Section
Section
Section
Section
Section
Section
Section

36-3008.
41-619.53.
41-1964.
41-1967.01.
41-1968.
41-1969.
41-2814.

-37-
House Amendments to H.B. 2031

Circumstances; Fot TrotTce of arr UppoT tunity For comment OTT tire pot TCTES

Sec. 26. Section 41-1092, Arizona Revised Statutes, is amended to
read:

41-1092. Definitions

In this article, unless the context otherwise requires:

1. "Administrative law judge" means an individual or an agency
head, board or commission that sits as an administrative law judge, that
conducts administrative hearings in a contested case or an appealable
agency action and that makes decisions regarding the contested case or
appealable agency action.

2. “Administrative law judge decision” means the findings of fact,
conclusions of law and recommendations or decisions issued by = an
administrative law judge.

3. "Adversely affected party” means:

(a) An individual who both:

(i) Provides evidence of an actual injury or economic damage that
the individual has suffered or will suffer as a direct result of the
action and not due to being a competitor or a general taxpayer.

(ii) Timely submits comments on the license application. that
include, with sufficient specificity, the questions of law, if applicable,
that are the basis for the appeal.

(b) A group or association that identifies, by name and physical
address in the notice of appeal, a member of the group or association who
would be an adversely affected party in the individual's own right.

4. "Appealable agency action" means an action that determines the
legal rights, duties or privileges of a party, including’ the
administrative completeness of an application other than an application
submitted to the department of water resources pursuant to title 45, and
that is not a contested case. Appealable agency actions do not include

-47-
House Amendments to H.B. 2031

interim orders by self-supporting regulatory boards, rules, orders,
standards or statements of policy of general application issued by an
administrative agency to implement, interpret or make specific the
legislation enforced or administered by it or clarifications of
interpretation, nor does it mean or include rules concerning the internal
Management of the agency that do not affect private rights or interests.
For the purposes of this paragraph, administrative hearing does not
include a public hearing held for the purpose of receiving public comment
on a proposed agency action.

5. "Director" means the director of the office of administrative
hearings.

6. "Final administrative decision" means a decision by an agency
that is subject to judicial review pursuant to title 12, chapter 7,
article 6.

7. “Licensee”:

(a) Means any individual or business entity that has been issued a
license by a state agency to engage in any business or activity in this
state and that is subject to a licensing decision.

(b) Includes any individual or business entity that has applied for
such a license and that appeals a licensing decision pursuant to section
41-1092.08 or 41-1092.12.

8. "Office" means the office of administrative hearings.

9. "Self-supporting regulatory board" means any of the following:
(a) The Arizona state board of accountancy.

thy Fre barber TITg atrd cosmetoutogy board:

cy (b) The board of behavioral health examiners.

d+ (c) The Arizona state boxing and mixed martial = arts

commission.

tey (d) The state board of chiropractic examiners.

tf (e) The state board of dental examiners.

tay (f) The Arizona game and fish commission.

tt (g) The board of homeopathic and _ integrated medicine
examiners.

¢7> = (h) The Arizona medical board.

jy (i) The naturopathic physicians medical board.

tky (j) The Arizona state board of nursing.

Hy «#4(k)) «The board of examiners of nursing care institution

administrators and assisted living facility managers.

‘mry (1) The board of occupational therapy examiners.

(7 (m) The state board of dispensing opticians.

toy (n) The state board of optometry.

*py (0) The Arizona board of osteopathic examiners in medicine and
surgery.

¢qy (p) The Arizona peace officer standards and training board.

tr> (q) The Arizona state board of pharmacy.

sy (r) The board of physical therapy.

t+ (s) The state board of podiatry examiners.

-48-
House Amendments to H.B. 2031

(t) The state board for private postsecondary education.
(u) The state board of psychologist examiners.

(v) The board of respiratory care examiners.

(w) The state board of technical registration.

(x) The Arizona state veterinary medical examining board.

taay (y) The Arizona regulatory board of physician assistants.

toby (z) The board of athletic training.

¢ccy (aa) The board of massage therapy.

<<Sec. 27. Section 41-1234, Arizona Revised Statutes, is amended to
read:

41-1234. Publicly funded contract lobbyists; prohibition

A. Notwithstanding any other law, a_ state agency, office,
department, board or commission [OR THE ARIZONA SUPREME COURT OR THE
ADMINISTRATIVE OFFICE OF THE COURTS] and any person acting on behalf of a
state agency, office, department, board or commission [OR THE ARIZONA
SUPREME COURT OR THE ADMINISTRATIVE OFFICE OF THE COURTS] shall not:

1. Enter into a contract or other agreement with a person or entity
for lobbying services.

2. Spend monies for any person or entity to lobby on behalf of [THE
ARIZONA SUPREME COURT OR THE ADMINISTRATIVE OFFICE OF THE COURTS OR] that
agency, office, department, board or commission unless that person is a
state employee.

B. This section does not apply to any state agency, office,
department, board or commission that is either:

1. Headed by one or more elected officials.

2. Exempt from [titte—#t>] chapter 23 [OF THIS TITLE] for the
purposes of contracts for professional lobbyists.

C. This section does not apply to the employment relationship of a
lobbyist who is a state employee directly employed by a state governmental
unit for whom the employee acts as a lobbyist or lobbying is part of the
employee's job description.

Sec. 28. Section 41-1758, Arizona Revised Statutes, is amended to

read:

41-1758. Definitions

In this article, unless the context otherwise requires:

1. “Agency” means the supreme court, the department of economic
security, the department of child safety, the department of education, the
department of health services, the department of juvenile corrections, the
department of emergency and military affairs, the department of public
safety, the department of transportation, the state real estate
department, the department of insurance and financial institutions, the
board of fingerprinting, the Arizona game and fish department, the Arizona
department of agriculture, the board of examiners of nursing care
institution administrators and assisted living facility managers, the

-49-
House Amendments to H.B. 2031

state board of dental examiners, the Arizona state board of pharmacy, the
board of physical therapy, the state board of psychologist examiners, the
board of athletic training, the board of occupational therapy examiners,
the state board of podiatry examiners, tte-acupuncture—boardof—examiners,
the state board of technical registration, the board of massage therapy or
the Arizona department of housing.

2. “Division” means the fingerprinting division in the department
of public safety.

3. “Electronic or internet-based fingerprinting services" means a
secure system for digitizing applicant fingerprints and transmitting the
applicant data and fingerprints of a person or entity submitting
fingerprints to the department of public safety for any authorized purpose
under this title. For the purposes of this paragraph, "secure system"
means a system that complies with the information technology security
policy approved by the department of public safety.

4. "Good cause exception" means the issuance of a_ fingerprint
clearance card to an applicant pursuant to section 41-619.55.

5. "Person" means a person who is required to be fingerprinted
pursuant to any of the following:

(a) Section 3-314.

(b) Section 8-105.

(d) Section 8-463.

(e) Section 8-509.

(f) Section 8-802.

(g) Section 15-183.

(h) Section 15-503.

(i) Section 15-512.

(j) Section 15-534.

(k) Section 15-763.01.

(1) Section 15-782.02.

(m) Section 15-1330.

(n) Section 15-1881.

(o) Section 17-215.

(p) Section 28-3228.

(q) Section 28-3413.

(r) Section 32-122.02.

(s) Section 32-122.05.

(t) Section 32-122.06.

(u) Section 32-823.

(v) Section 32-1232.

(w) Section 32-1276.01.

(x) Section 32-1284.

(y) Section 32-1297.01.

(z) Section 32-1904.

(aa) Section 32-1941.

(bb) Section 32-1982.

-50-
House Amendments to H.B. 2031

(cc) Section 32-2022.

(dd) Section 32-2063.

(ee) Section 32-2108.01.

(ff) Section 32-2123.

(gg) Section 32-2371.

(hh) Section 32-3430.

(ii) Section 32-3620.

(jj) Section 32-3668.

(kk) Section 32-3669.

tour (mm) Section 32-4222.

tppy (nn) Section 36-113.

tary (00) Section 36-207.

erry (pp) Section 36-411.

tssy (qq) Section 36-425.03.

ttt> (rr) Section 36-446.04.

tury (ss) Section 36-594.01.

tyvvy (tt) Section 36-594.02.

twwy (uu) Section 36-766.01.

txxy (vv) Section 36-882.

tyy> (ww) Section 36-883.02.

tzzy (xx) Section 36-897.01.

taney (yy) Section 36-897.03.

thobby (zz) Section 36-3008.

tcccy (aaa) Section 41-619.52.

tdtd> (bbb) Section 41-619.53.

teeey (ccc) Section 41-1964.

tft, (ddd) Section 41-1967.01.

tgugy (eee) Section 41-1968.

titty «(fff) Section 41-1969.

tri ~«(ggg) Section 41-2814.

tekke> «=6<(iii) Section 46-141, subsection A or B.

+H «4((jjj) Section 46-321.

6. “Rap back services" has the same meaning prescribed in section
41-1750.

7. “Vulnerable adult" has the same meaning prescribed in section
13-3623.

Sec. 29. Section 41-1758.01, Arizona Revised Statutes, is amended
to read:

41-1758.01. Fingerprinting division; powers and duties

A. The fingerprinting division is established in the department of
public safety and shall:

Conduct fingerprint background checks for persons and applicants
who are seeking licenses from state agencies, employment with licensees,

-51-
House Amendments to H.B. 2031

contract providers and state agencies or employment or educational
opportunities with agencies that require fingerprint background checks
pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183,
15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215,
28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232,
32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022,
32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669,
39-3992 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03,
36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01,
36-897.03, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968,
41-1969, 41-2814-—- AND 41-4025, section 46-141, subsection A or B and
section 46-321.

2. Issue fingerprint clearance cards. On issuance, a fingerprint
clearance card becomes the personal property of the cardholder and the
cardholder shall retain possession of the fingerprint clearance card.

3. On submission of an application for a fingerprint clearance
card, collect the fees established by the board of fingerprinting pursuant
to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147,
the monies collected in the board of fingerprinting fund.

4. Inform in writing each person who submits fingerprints for a
fingerprint background check of the right to petition the board of
fingerprinting for a good cause exception pursuant to section 41-1758.03,
41-1758.04 or 41-1758.07.

5. If after conducting a state and federal criminal history records
check the division determines that it is not authorized to issue a
fingerprint clearance card to a person, inform the person in writing that
the division is not authorized to issue a fingerprint clearance card. The
notice shall include the criminal history information on which the denial
was based. This criminal history information is subject to dissemination
restrictions pursuant to section 41-1750 and Public Law 92-544.

6. Notify the person in writing if the division suspends, revokes
or places a driving restriction notation on a fingerprint clearance card
pursuant to section 41-1758.04. The notice shall include the criminal
history information on which the suspension, revocation or placement of
the driving restriction notation was based. This criminal history
information is subject to dissemination restrictions pursuant to section
41-1750 and Public Law 92-544.

7. Administer and enforce this article.

B. The fingerprinting division may contract for electronic or
internet-based fingerprinting services through an entity or entities for
the acquisition and transmission of applicant fingerprint and data
submissions to the department, including identity verified fingerprints
pursuant to section 15-106. The entity or entities contracted by the
department of public safety may charge the applicant a fee for services
provided pursuant to this article. The entity or entities contracted by
the department of public safety shall comply with:

-52-
House Amendments to H.B. 2031

Sec. 31. Section 41-2706, Arizona Revised Statutes, is amended to
read:

41-2706. Applicability of chapter

A. This chapter applies to the solicitation of grants initiated
after August 6, 1999.

B. This chapter does not apply to:

1. Any grant program that was exempt from chapter 23, article 3 of
this title and for which administrative rules establishing. grant
solicitation procedures were adopted pursuant to chapter 6 of this title
before August 6, 1999.

2. The Arizona board of regents and schools, colleges, institutions
and universities under its control if the Arizona board of regents adopts

-57-
House Amendments to H.B. 2031

rules or policies governing the award of grants that encourage as much
competition as practicable.

(3. Grants made by the cotton research and protection council for
research programs related to cotton production or protection. ]

S> [4. Grants made by the Arizona citrus research council for
research programs under section 3-468.02, subsection C, paragraph 3 or 5.]

6> [47] [5.] Grants made by the Arizona grain research and
promotion council for research projects and programs under section 3-584,
subsection C, paragraph 5.

7 [Sv] [6.] Grants made under section 3-268, subsection C.

86> [6-] [7.] Grants made by the Arizona commerce authority from
the Arizona competes fund pursuant to chapter 10, article 5 of this title.
With respect to other grants, the authority shall adopt policies,
procedures and practices, in consultation with the department’ of
administration, that are similar to and based on the policies and
procedures prescribed by this chapter for the purpose of increased public
confidence, fair and equitable treatment of all persons engaged in the
process and fostering broad competition while accomplishing flexibility to
achieve the authority's statutory requirements. The authority shall make
its policies, procedures and practices available to the public.

8- [#] [8.] Grants of less than ‘five—thousand—totters $5,000
from the veterans' donations fund if the department of veterans' services
adopts rules or policies governing these grants that encourage as much
competition as practicable.

ready

-58-
House Amendments to H.B. 2031

gerrerat—_fard-> >

Sec. 32. Repeal

Sections [44-3026-037 ] 41-3026.06, 41-3030.10,
41-3030.25[+—44+3637-67] and 43-619, Arizona Revised Statutes, are
repealed.

Sec. 33. Section 44-6852, Arizona Revised Statutes, is amended to
read:

44-6852. Dishonored checks; service fee

Notwithstanding any other law ant—except—as—provided—in—section
32-507, the holder, payee or assignee of the holder or payee of a

dishonored check, draft, order or note may charge and collect from the
maker or drawer a service fee of not more than $25 plus any actual charges
assessed by the financial institution of the holder, payee or assignee of
the holder or payee as a result of the dishonored instrument.

-60-
House Amendments to H.B. 2031

-61-

5
House Amendments to H.B. 2031

ready

Sec. 34. Short title
This act may be cited as the "Abolition of Functionally Unnecessary

Excessive Regulators Act".

Enroll and engross to conform
Amend title to conform

ALEXANDER KOLODIN

02/14/2025
5:06 PM

C: CT

-63-
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session
House: GOV DPA 4-3-0-0

HB 2256: parental alienation; testimony; prohibition
Sponsor: Representative Keshel, LD 17
Caucus & COW

Overview
Prohibits a court from making a decision in specified family court proceedings based solely
on an allegation of parental alienation.

History

Legal decision-making is the legal right and responsibility to make all nonemergency legal
decisions for a child. Parenting time refers to the amount of time during which each parent
has access to a child. The court is required to make a decision in either of these proceedings
based on all factors considered relevant to the child's physical and emotional well-being. Any
modification to these agreements are subject to the review of certain factors including
domestic violence, status as a military parent and the consideration of time (A.R.S. §§ 25-
401, 25-408, 25-411).

Provisions
1. Prohibits a court from taking testimony or ruling on a legal decision-making or parenting
time petition based solely on an allegation of parental alienation. (Sec. 1)

2. Defines parental alienation. (Sec. 1)

Amendments

Committee on Government

1. Changes the definition of parental alienation to include alienating behavior, resist-refuse
dynamics, parent child contact problems, rejected parent, aligned parent, enmeshed
parent, preferred parent and alienated parent.

Oj Prop 105 (45 votes) QO Prop 108 (40 votes) OO Emergency (40 votes) O Fiscal Note

HB 2256

Initials JH/SR Page 1 = Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Oversight BILL NO. __HB 2656

DATE February 18, 2025 MOTION: i t Lk ld.

PASS AYE NAY PRESENT | ABSENT

Contreras L

Hernandez C

Keshel

Kolodin, Vice-Chairman

Chaplik, Chairman

PUP L, * COMMITTEE SECRETARY

JOSEPH CHA APLIK, Chairman

ATTACHMENT G
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HCR 2024: capital punishment; firing squad
Sponsor: Representative Kolodin, LD 3
Committee on Regulatory Oversight

Overview
Pending a constitutional amendment, requires the death penalty be carried out by firing
squad rather than lethal injection.

History

Executions are supervised by the State Department of Corrections. Statute requires that
death be administered by intravenous injection of lethal substances. Defendants sentenced
to death for crimes committed prior to November 23, 1992, have the option to choose lethal
gas or lethal injection. If the defendant fails to choose either lethal injection or lethal gas, the
penalty of death must be carried out by lethal injection. An executioner's identity is
confidential, along with the identity of other persons participating in administering an
execution. Board licensure is not subject to suspension or revocation for participation. (A.R.S.

§ 13-757)

Provisions

1. Requires the death penalty be carried out by firing squad rather than intravenous lethal
injection, except for defendants sentenced to death for offences committed before
November 28, 1992, who have a choice of either firing squad or lethal gas.

2. States that death by firing squad or the administration of lethal gas must be under the
supervision and processes prescribed by law and the execution must take place within
the confines of the state prison.

3. Directs the Secretary of State to submit this proposition to the voters at the next general
election as provided by the state constitution.

}
| Attachment 4

0 Prop 105 (45 votes) 0 Prop 108 (40 votes) O Emergency (40 votes) UO Fiscal Note

HCR 2024
Initials DC/GG/RS Page 1 Regulatory Oversight

File and source

File: 2025-02-18_regulatory-oversight-minutes.pdf
Size: 35,851,341 bytes
SHA-256: 96f311c7d7d9f2c2ce591a0342b66945ab848665b32c9e801114ee93348bd310
Our copy: 2025-02-18_regulatory-oversight-minutes.pdf
Original: www.azleg.gov