"Arizona House of Representatives Committee on Commerce Report of Regular Meeting for February 3, 2026"
Summary
The report of the February 3, 2026 regular meeting of the Arizona House of Representatives Committee on Commerce, Fifty-seventh Legislature, Second Regular Session. It records committee action and votes on House bills, including HB2682 (rental assistance program; appropriation), DP 7-4-0-0, HB2309 (earned wage access; providers; license), DPA 5-3-3-0, and HB2476 (certified public accountants), DP 11-0-0-0. Attachments include the agenda and the Request to Speak report, which lists the Arizona Dental Association supporting and Delta Dental Of Arizona opposing HB2308, and EARNIN and DAILYPAY supporting HB2309. Several comments opposing HB2309 call it a payday loan bill. An attached summary of HB 2910 states it increases from 10 days to 20 days the time after which a contractor's failure to respond is deemed a waiver of the right to contest.
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
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
COMMITTEE ON COMMERCE
Report of Regular Meeting
Tuesday, February 3, 2026
House Hearing Room 5 -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF FLOOR
Convened 2:06 P.M.
Recessed
Reconvened
Adjourned 6:47 P.M.
Members Present
Representative Aguilar
Representative Blackman
Representative Carter
Representative Cavero
Representative Connolly
Representative Diaz
Representative Hendrix
Representative Villegas
Representative Wilmeth
Representative Way, Vice-Chairman
Representative Weninger, Chairman
Agenda
Original Agenda — Attachment 1
Request to Speak
Report — Attachment 2
Committee Attendance
Report — Attachment 3
Presentations
Name Organization
Committee Action
Bill Action
HB2181 DPA
HB2682 DP
HB2698 DP
HB2476 DP
HB2308 DP
HB2118 DPA
HB2309 DPA
RECEIVEC
CHIEF CLERKS OFFICE
FEB U4 2026
Members Not Present
Vote
6-4-1-0
7-4-0-0
7-4-0-0
11-0-0-0
8-0-3-0
7-4-0-0
5-3-3-0
Attachments (Handouts)
Attachments
4, 5,6
7, 8,9
10, il
12, 13,14
15,16
17, 18, 19, 20
21, 22, 23
COMMITTEE ON COMMERCE
February 3, 2026
HB2875 DP 10-1-0-0 24, 25
HB2402 DP 10-1-0-0 = 26, 27
HB2903 DP 8-3-0-0 28, 29
HB2877 DPA 11-0-0-0 30, 31, 32
HB2910 HELD 33, 34
Keesha Esquerette, Committee Secretary
February 4, 2026
(Original attachments on file in the Office of the Chief Clerk; video archives available at http:/Avww.azleg.gov)
REVISED #4 (corrected)- 2/02/26 REVISED #4 (corrected)- 2/02/26
ARIZONA HOUSE OF REPRESENTATIVES —- Convene 2:06 PM
Fifty-seventh Legislature - Second Regular Session
bem
REGULAR MEETING AGENDA Ad yourned
COMMITTEE ON COMMERCE
DATE Tuesday, February 3, 2026 ROOM HHR5 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 1 162879&eventID=202602 1008
Members:
Representative Aguilar Representative Connolly Representative Wilmeth
Representative Blackman Representative Diaz Representative Way, Vice-Chairman
Representative Carter N Representative Hendrix Representative Weninger, Chairman
Representative Cavero Representative Villegas
Bills Short Title Strike Everything Title
*HB2118 = mobile food vendors; licensure S/E: same subject
(Carter N)
“07 1-Y-0-0 COM held 0-0-0-0-0, RULES
PE
HB2181 D e mn death certificates; funeral establishments; timeline
(Willoughby)
lo-Y- |= 4) COM: RULES
COM,RULES
HB2308 Db P dental insurers; dental practice; prohibition
(Weninger)
& -() a -(2)0OM, RULES
earned wage access; providers; license
HB2309
DPA (Weninger)
S -3-3- O COM, RULES
HB2402 DP ambulance services; certificates of necessity
(Willoughby)
lo- -b-( COM, RULES
Page 1 of 2
Attachment |
Bills Short Title Strike Everything Title
HB2476 Dp certified public accountants; certification;
_~! alternative.
(Livingston)
-0 0
[0-00 COM, RULES
HB2682 D P rental assistance program; appropriation
(Hernandez A: Hernandez C, Hernandez L, et al)
= -Y - 0-0COM, APPROP, RULES
HB2698 D p rental assistance study committee
————. (Hernandez A)
TH -0:O COM, RULES
HB2875 DP local regulation; prohibition; unmanned aircraft
(Weninger)
/0-| O-d 70M, RULES
HB2877 DPA timeshare salespersons; licensure
(Weninger)
COM, RU
HB2903 D ) social credit; use; prohibition
———— (Montenegro)
2-32-00 COM, RULES
HB2910 | | | registrar of contractors; administrative recovery
(Hendrix)
COM, RULES
ORDER OF BILLS TO BE SET BY THE CHAIRMAN
* On previous agenda
SEE
0127/2026
/
02/02/2026
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 2 of 2
COMPLETE FORM FOR PUBLIC RECORD
STATE OF ARIZONA
HOUSE OF REPRESENTATIVES
, REQUEST TO SPEAK
Committee on Comme YC’ Date: OC] ( 3) 26 Bill Number: HR 23204
Name: Nancy Colorng n+ OraveN | {Support OQ Oppose. Q Neutral | Need to Speak:-&1 Yes C) No
Representing: Oa y fay r LUC . Registered Lobbyist ( Yes a No
Address:__.SS water okree t- City/State: NY Zip Code:_) O64 |
Email Address: yang. coloman- UrawnGdailyyuy.can Phone Number:___ 8S8. 3449906
Comments: \Ne Supyrs 4% 2364 .
*SPEAKING TIME DETERMINED BY THE CHAIRMAN*
COMPLETE FORM FOR PUBLIC RECORD
STATE OF ARIZONA
HOUSE OF REPRESENTATIVES
, REQUEST TO SPEAK
Committee on ( Smithy CR Date: 2/3(2¢ Bill Number: HB U3 O14
Name: (den, Lin/ls LOO | | td support Q Oppose. Q Neutral | Need to Speak: ws OQ} No
Representing: Car atin Registered Lobbyist O) Yes OYNo
Address: 06'S Mary laagh Aue NE City/State: Was Mi Ay daa bf Zip Code: 7.00 OC
Email Address: BLA, dallocco @® Gey fA. Corvbhone Number: A ee S17 “USY%
Comments:
*SPEAKING TIME DETERMINED BY THE CHAIRMAN*
se” SENATE COMMITTEE SPEAKER SLIP
Date: O7-09- 26 Committee: tide
Agenda item: Whoa \
Name: Hernan eu M/ ot 4
Are youalobbyist: Yes_ No Za
If yes, representing:
Support: Oppose: L- Neutral
Do you wish to speak? Yes L< No.._—s—“‘édCFfr FNQCGESSSry__.
Comments: i) < gar at Our DRY ara
S
roy
3” SENATE COMMITTEE SPEAKER SLIP
Date:62-03 -2 6 Committee: vS =
Agenda item: Hid2\18
Name: Aure\sanc “Domin Wez
Are youalobbyist: Yes NoX
If yes, representing: Selt <
Support: Oppose: vw Neutral
Do you wish to speak? Yes LK No Ifnecessary_
Comments:
COMPLETE FORM FOR PUBLIC RECORD
STATE OF ARIZONA
HOUSE OF REPRESENTATIVES
REQUEST TO SPEAK
.
Committee on : Lyles Date: ok 13] aly Bill Number: H 5 21/8
Name: Knish La Nt | ta’Support C) Oppose O Neutral | Need to Speak: W Yes CI No
Representing: Lan Tan Hotd OAS r L LC Registered Lobbyist (1 Yes $M No
Address: P20 % n]. Wwe 10 PL city/state: GU AM Valles Zip Code: ‘ 5 3
Email Address: SA n-tan hotd CAS @gmal |: COMbbne Number(s A) il i ~2SYR
Comments:
*SPEAKING TIME DETERMINED BY THE CHAIRMAN*
COMPLETE FORM FOR PUBLIC RECORD
STATE OF ARIZONA
HOUSE OF REPRESENTATIVES
REQUEST TO ai
Committee on (Wmwwrtp Date: [5 sin umber:CCL 3 C.
name: VA U MAS | | txGuppor Cj Oppose. 1 Neuiral | Need to Speak: Byes C) No
Representing: TA f Registered Lobbyist Yes Rito
Address: City/State: LU 6SAy Zip Code: 6 ») py
Email Address: Phone Number:
Comments: Will ao /t- (Ss Slough .
*SPEAKING TIME DETERMINED BY THE CHAIRMAN*
Information Registered on the Request to Speak System
House Commerce (2/3/2026)
HB2118, mobile food vendors; licensure
Oppose:
Salvador Reza, representing self; Aureliano Dominguez, representing self; Marshall Pimentel, LEAGUE OF ARIZONA
CITIES & TOWNS; Eric Emmert, East Valley Chambers Of Commerce Alliance ; Tom Dorn, City Of Phoenix;
jacqueline Johnson, representing self; Mike Gardner, SHOW LOW, CITY OF; Robert Aldous, CASA GRANDE, CITY OF;
Margie Gomez, representing self; Leigh Marino, City Of Cottonwood; Sara Sparman, "SCOTTSDALE, CITY OF "
All Comments:
Salvador Reza, Self: Unfair business practices against established business which pay property taxes. Also takes
away local control from cities and counties to address vendor disputes through their zoning regulations.; Aureliano
Dominguez, Self: it creates unsafe environment for both,vendors and comunities; Margie Gomez, Self: This is
another example of GOP state officials seeking control over cities and counties. While they deplore the feds
dictating laws for states, they turn around and do the same for the cities and counties within their state. STOP
OVERREACHING.
HB2181, death certificates; funeral establishments: timeline
Support:
Sandy Greenley , representing self; Marilyn Crosby, representing self
Oppose:
Ruth Carter, representing self
HB2308, dental insurers; dental practice; prohibition
Support:
Ryan Sullivan, Arizona Dental Association; Jason Barraza, Associate Director, Arizona Dental Association; Julie
Hoffman , representing self; Edie Lefevre, Arizona Dental Association; Ruth Carter, representing self; Regina Cobb,
representing self
Oppose:
Marc Osborn, Delta Dental Of Arizona; Gibson McKay, Arizonans For Affordable Health Coverage; Daniel Romm,
Delta Dental Of Arizona
All Comments:
Ryan Sullivan, Arizona Dental Association: .; Regina Cobb, Self: Az.Dental Association
Attachment 2
HB2309, earned wage access; providers; license
Support:
Don Isaacson, EARNIN; Marie Isaacson, EARNIN; Bill Ruiz, representing self; Leo Garcia, representing self; tahra
hoops, representing self; Ashley Urisman, representing self; Ashley Urisman, representing self; Jonathan Dailey,
representing self; Mike Huckins, GREATER PHOENIX CHAMBER OF COMMERCE; Bob Charles, DAILYPAY
Neutral:
Fausto Burruel, AZ DEPT. OF INSURANCE AND FINANCIAL INSTITUTIONS; Nick Debus, AZ ATTORNEY GENERAL'S
OFFICE
Oppose:
Victor Peterson, representing self; Mary Ryan, SOUTHWEST CENTER FOR ECONOMIC INTEGRITY; Glenn Sollers,
representing self; Hugo Polanco, UNIDOSUS; Briona Parkinson, AFSCME INTERNATIONAL; Drew Schaffer, WM E
MORRIS INSTITUTE FOR JUSTICE; Jodi Paulsen, representing self; Dave Long, representing self; Judith Simons,
representing self; David Lucier, representing self; Sandra Kravetz, representing self; Rebecca Smith Gross,
representing self; Ann Machek, representing self; Frank Machek, representing self; Maria Salvucci, representing
self; Kevin Brown, representing self; Eve Shapiro, representing self; Jeanne Casteen, representing self; Mariana
Spier, representing self; Alisa McMahon, representing self; Michael Fiflis, representing self; Dianne Post, AZ
NATIONAL ORGANIZATION FOR WOMEN (NOW), Self; Carol Maas, representing self; Sherrilynn James,
representing self; Molly McGovern, representing self; jacqueline Johnson, representing self; Daniella Smith,
Arizona Coalition For Working Families; Bryna Koch, representing self; Katherine Doman Sheydayi, representing
self; Elizabeth Schauer, representing self; Gail Kamaras, representing self; Charlie Silver, representing self; Barbara
Hutchinson, representing self; Susan Morris, representing self; Brent Gibbs, representing self; Brenda Nelson,
representing self; Christine Keitges, representing self; Sharon Lee, representing self; Linda Edwards, representing
self; Kathy Fraser, representing self; David Staricha, representing self; Janet Senf, representing self; Kathy Pyner,
representing self; Jocelyn Dustan, representing self; Joan Murphy, representing self; Penny Boone, representing
self; Ralph Meredith, representing self; Gayle Meredith, representing self; Valerie Policastro Edie, representing
self; Margaret Adams , representing self; Amy Etzkorn, representing self; Mariette Francis, representing self;
Martha O'Connor, representing self; Kathleen Dubbs, representing self; John Bower, representing self; Rebecca
Scotney, representing self; Katherine Warren, representing self; Mary-Jeanne Fincher, representing self; Matthew
Nelson, representing self; Francesca Pardes, representing self; Roxanna Kearns, representing self; William S. James,
representing self; Jo Ann Caruthers, representing self; Misty Arthur, representing self; Dawn Schumann,
TEAMSTERS LOCAL UNION 104; Edna Weigel, representing self; Mary Ganapol, representing self; Steve Gorman-
Hackstadt, representing self; Carolyn Watson, representing self; Rebecca Haynes, representing self; Mary Nelson,
representing self; Susan Phelps, representing self; Kristen Abrahamson, representing self; Marie Thearle,
representing self; Bart James, representing self; Cassandra Morano, representing self; Melinda lyer, representing
self; Christina Bustos, representing self; Kathryn Anderson, representing self; Charlotte Lis, representing self; Carol
Fiore, representing self; William Yohey, representing self; Deborah North, representing self; Barbara Larson,
representing self; Carol Garnett, representing self; Jennifer Dawson, representing self; Chris Ahearn, representing
self; Patricia Edelen, representing self; Linda Block, representing self; Paula Van Derven, representing self; Amy
Gaiennie, representing self; Jean Meconi, representing self; Allison Jackson, representing self; Maria Hidalgo,
representing self; Harold Bergsma, representing self; ALICE BUCK, representing self; Loretta O'Connor,
representing self; Mary Keerins, representing self; Cynthia Wagner, representing self; Nancy Hancock, representing
self; Kathleen Schanus-Gohl, representing self; Nelson Morgan, representing self; Judith Lohr, representing self;
Erica Hansen, representing self; Roger Blain, representing self; Gary Townsend, representing self; Angela Buer,
representing self; Leslie Stallcop, representing self; Margaret Tinsley, representing self; Jacqueline deSa,
representing self; William Bowlus-Root, representing self; Jordan Greenslade, UNITE HERE! LOCAL 11; Alice
Christianson, representing self; Libby Stortz, representing self; Frederick James, representing self; Salie Travis,
representing self; Christopher Cerrato, representing self; Marilyn Murov, representing self; Pamela Chittenden,
representing self; Devon Sloan, representing self; Eden Winget, representing self; Zinah Burke, representing self;
Karen Brown, representing self; STACEY NORDWALL, representing self; Cheryl Benefield, representing self; Gina
Gral, representing self; Suzanne Zimmerman, representing self; Leonora Midgley, representing self; Lisa Maczura,
representing self; Jerrold Borchardt, representing self; Susan Matheson, representing self; Valarie Bryant,
representing self; Dianna DiMaggio, representing self; Mona Nance, representing self; Rivko Knox, representing
self; Sharon Ehrlich, representing self; Terri Farneti, representing self; Ann Lebert, representing self; Carol Rohe,
representing self; Marcia Tingley, representing self; Barbara Dompe, representing self; Barbara Jones, representing
self; Patricia Brunner, representing self; Lacy Bangert, representing self; Janet Lewis-Weaver, representing self;
Tiffany Rogers, representing self; Judy Wilkening, representing self; Brent Rogers, representing self; Kristina
Hakanson, representing self; Sarah Bihms LD29, representing self; Jan Allen, representing self; Jonathan Brechner,
representing self; Sharon Arnst, representing self; Lisa Koenig, representing self; Vanessa Hill-Fromm, representing
self; Felisa Gilley, representing self; Mary Rose, representing self; Christa Trexler, representing self; Mike Kunnecke,
representing self; JOHN FIENE, representing self; Ken Jones, representing self; Sarah Lee-Davisson, representing
self; Greg Olszta, representing self; Dieter Knecht, representing self; John Cummings, representing self; JoAnn
McCay, representing self; LINDA GANTVERG, representing self; Ashka Atodaria, representing self; Allen Brown,
representing self; Don Howard, representing self; Melinda Bell, representing self; Nadya Laliberte, representing
self; Eric Kadel, representing self; Anita Howard, representing self; Sandra Stark, representing self; Kathleen
Woessner, representing self; Rebecca Shook, representing self; Jillian Ryan, representing self; Sally Evans,
representing self; Jane Jackson, representing self; Barbara Lucas, representing self; Sery Johnson, representing self;
Helen Abrahamson, representing self; Paige Spencer, representing self; Janie Smieszek, representing self; Marin
Lersch, representing self; RITA DEPUYDT, representing self; Kristan Larson, representing self; Amy Gosla,
representing self; Alicia Messing, representing self; Lance Shout, representing self; Aaron Essif, representing self;
Cole Libera, WILDFIRE; Susan Bowen, representing self; Marcella Deluca, representing self; Jane Johnson,
representing self; Nancy Ray, representing self; Nancee K Wood, representing self; Joseph Palomino, THE ARIZONA
CENTER FOR ECONOMIC PROGRESS; Kathryn Dorn, representing self; Jeanmarie Haney, representing self; Christine
Cielens, representing self; Veronica Branscomb, representing self; Tyler Stein, Rural Arizona Action (RAZA); Alison
Danis, representing self
All Comments:
Leo Garcia, Self: On behalf of the Financial Technology Association; Ashley Urisman, Self: on behalf of the American
Fintech Council; Victor Peterson, Self: As a retired Senior Military NCO, | believe this legation could have a drastic
effect on younger military members who are already strapped for money, For them to get tied into one of these
loans and have difficulty paying it back could ruin them.; Mary Ryan, SOUTHWEST CENTER FOR ECONOMIC
INTEGRITY: This is a bill payday loan bill. AZ voters overwhelmingly voted NO to payday loans.; Glenn Sollers, Self:
The actual borrowing rate under this bill would exceed 300% per year, hurting vulnerable families who struggle to
make ends meet.; Briona Parkinson, AFSCME INTERNATIONAL: Would like to speak; Drew Schaffer, WM E MORRIS
INSTITUTE FOR JUSTICE: The William E. Morris Institute for Justice ("MI") opposes the re-introduction of legalized
payday lending in Arizona.; Jodi Paulsen, Self: Why do you want to allow these predatory lenders to be even more
venomous to already struggling Arizonans? This HURTS Arizonans, not HELPS them.; Judith Simons, Self: Just
another attempt to legitimize predatory payday loans. This is unconscionably harmful to low income workers.;
David Lucier, Self: This bill will have a monumentally negative effect on Arizona Veterans, service members and
their families. As a Veteran, iam diametrically opposed to its passage.; Alisa McMahon, Self: A 36% rate “cap” is
already egregiously high. This bill becoming law would be good only for predatory lenders and lawmakers who
receive contributions from them.; Michael Fiflis, Self: This bill would open the door to predatory lending to the
most financially vulnerable by exempting payday loans from the AZ Consumer Lender Act ~ one of the items that
Act was intended to eliminate.; Gail Kamaras, Self: Payday loans are legal foansharking. This bill is disgraceful.;
Charlie Silver, Self: This is predatory lending.; Susan Morris, Self: Extortionate payday loans are bad enough. Calling
them something else to avoid caps on interest rates is just low.; Brenda Nelson, Self: This proposed legislation
would hurt vulnerable families by hugely increasing the borrowing rate. OPPOSE; David Staricha, Self: Not a good
solution for an already predatory industry. This will only hurt working class families further. We need more
regulation here and not less.; Janet Senf, Self: Consider taxing the rich instead of taking money from those who can
least afford it.; Penny Boone, Self: NO! The actual borrowing rate under this bill will exceed 300%/year, hurting
vulnerable families who struggle to make ends meet. NOI; Valerie Policastro Edie, Self: and the average person is
raked over the coals again-; Martha O'Connor, Self: Disguises payday loans as an “earned wage advance,” making
them a predatory lending "product" and not a “loan" to get around Arizona’s Consumer Lender Act and its 36%
rate cap on smali-dollar loans. Hurts vulnerable families; Kathleen Dubbs, Self: Who benefits from this bill?; Mary-
Jeanne Fincher, Self: Legalized usury and blatant exploitation!; Francesca Pardes, Self: Too many Arizonans have
fallen prey to predatory payday loan companies. To disguise these loans as an “earned wage advance"making it a
lending “product” to avoid Arizona's Consumer Lender Act's 36% rate cap on small loans, hurts vulnerable
families.; Roxanna Kearns, Self: Payday loans are predatory lending not an “earned wage advance." The actual
borrowing rate under this bill would exceed 300% per year.; Misty Arthur, Self: AFT-AZ, along with AFT National,
oppose this bill.; Dawn Schumann, TEAMSTERS LOCAL UNION 104: This bill is a payday lending bill that would hurt
workers.; Carolyn Watson, Self: This is a pay day loan and nothing more, except the bill attempts to inflate the
intrest rate.; Rebecca Haynes, Seif: A disguise for payday loans to enable even more of a rip-off. The actual
borrowing rate under this bill would exceed 300% per year, hurting vulnerable families who struggle to make ends
meet.; Kristen Abrahamson, Self: This bill would exempts predatory payday loans from an interest rate cap by just
changing the name of the loan. This is not a bill for Arizonans.; William Yohey, Self: Pawn shops would love this
bill.; Deborah North, Self: This bill helps legitimize the payday loan industry and is a special interest bill that will
take advantage of vulnerable individuals. Please vote no.; Carol Garnett, Self: It's a loan by a predatory company
and not coming from the employer. This is false information leading people to believe something that is not true.;
Jennifer Dawson, Self: actual borrowing rate under this bill would exceed 300% per year. This is an end-run around
Consumer Lending Act. Shameful.; Chris Ahearn, Self: Please oppose. This bill is simply a payday loan bill that hurts
working people who are desperate to just put food on the table, keep a roof over their heads and clothe their
children. They deserve better. Thank you.; Patricia Edelen, Self: This bill us the epitome of predatory toans - with
the actual borrowing rate reaching 300% per year! Way to punish families who are living pay check to pay check
and might need a loan for an emergency. Shame.; Linda Block, Self: This bill will hurt vulnerable families who use
desperate means to find funding to provide basic family needs. The result will be leading them to heavy debt
loads they will not be able to repay. This is predatory lending in disguise.; Amy Gaiennie, Self: | strongly oppose
this bill! This legislation disguises “payday loans” to get around Arizona’s Consumer Lending Act and its 36% rate
cap on smalil-dollar loans. The borrowing rate will exceed 300% per year. It boggles the mind! What is the bill
going; Jean Meconi, Self: predatory lending; Allison Jackson, Self: Leave poor people alone.; Mary Keerins, Self: This
is an attempt to get around Arizona’s Consumer Lender Act and its 36% rate cap on small-dollar loans. The actual
borrowing rate under this bill would exceed 300% per year, hurting vulnerable families who struggle to make ends
meet. Oppose; Cynthia Wagner, Self: This bill would disguise payday loans as an “earned wage advance,” making
them a predatory lending "product" and not a “ioan" to get around Arizona’s Consumer Lender Act and its 36%
rate cap on small-doilar loans.; Nelson Morgan, Self: Enabling predatory loan practices will hurt people.; Roger
Blain, Self: Terrible predatory lending biil.; Gary Townsend, Self: The actual borrowing rate under this bill wouid
exceed 300% per year, hurting vulnerable families who struggle to make ends meet.; Angela Buer, Self: By
redefining loans as “products,” this bill strips away essential protections under the Consumer Lender Act. Do NOT
allow predatory lenders to exploit "tips" and fees to hide true borrowing costs that often exceed 300% annually. |
OPPOSE.; Margaret Tinsley, Self: What a way to hurt wage-earning Arizonans. Don't do this to them. Please vote
no.; Jacqueline deSa, Self: The actual borrowing rate under this bill would exceed 300% per year, hurting
vulnerable families who struggie to make ends meet.; Alice Christianson, Self: | wonder how many payday loan
companies contribute to this legislator’s fund. They are predatory and need to be confined to the 36% rate cap.
Help your constituents out and not allow this.; Salie Travis, Self: This proposal does nothing to help Arizona
families!; Pamela Chittenden, Self: A predatory lending ploy; Karen Brown, Self: Payday fenders are the worst kind
of predators. The current 36% rate cap is already far too high. Strongly Opposel; Lisa Maczura, Self: A PRO-
POVERTY bill that supports naked greed? No thanks.; Jerrold Borchardt, Self: Am { correct ... | can't be ... that this
bill favors predatory lending? Yes? | oppose this terrible bill!; Marcia Tingley, Self: Actual borrowing rate under this
bill would exceed 300% per year, hurting vulnerable families who struggle to make ends meet.; Patricia Brunner,
Self: Would make payday loans predatory with an 300% borrowing rate. Hurts the poorest of the poor.; Sarah
Bihms LD29, Self: Disguising payday loans with 300% interest traps families in debt. Predatory lending hurts kids at
home.; Jonathan Brechner, Self: Does Weninger own a payday loan business? It hurts vulnerable families...;
Vanessa Hill-Fromm, Self: The actual borrowing rate under this bill would exceed 300% per year, hurting vulnerable
families who struggle to make ends meet.; JOHN FIENE, Self: A measure designed to get around AZ's Consumer
Lending Act. It would benefit loan sharks, and punish payday loan users. LD1 voter; Greg Olszta, Self: Disguise
payday loans as an “earned wage advance,” making them a predatory lending "product" and not a “loan" to get
around Arizona’s Consumer Lender Act and its 36% rate. The actual borrowing rate under this bill would exceed
300% per year,; John Cummings, Self: Sounds like a terrible idea; JoAnn McCay, Self: Protect vulnerable families -
keep payday loans under Arizona's Consumer Lender Act.; Allen Brown, Self: | oppose HB2309. if payday loans can
be classified as an earned wage advance, then all loans should be classified as such. Please vote NO on HB2309.;
Jillian Ryan, Self: Would disguise payday loans as an “earned wage advance,” making them a predatory lending
"product" and not a "loan" to get around Arizona’s Consumer Lender Act and its 36% rate cap on small-dollar
loans.; Barbara Lucas, Self: disguise payday loans as an “earned wage advance,” making them a predatory lending
“product” and not a "loan" to get around Arizona’s Consumer Lender Act and its 36% rate cap on small-dollar loans.
No thanks; Paige Spencer, Self: We already established that Arizonans don't like predatory lending practices.; Janie
Smieszek, Self: You difficult for vunerable families; Marin Lersch, Self: This is predatory lending in a new name and
package, and would hurt families already struggling to make ends meet.; Alicia Messing, Self: Hurts vulnerable
families.; Aaron Essif, Self: The actual borrowing rate under this bill would exceed 300%per year. Shame.; Susan
Bowen, Self: THIS BILL WOULD DISGUISE PAYDAY LOANS AS AN "EARNED WAGE ADVANCE" MAKING THEM A
PREDATORY LENDING "PRODUCT" AND NOT A "LOAN" TO GET AROUND AZs CONSUMER LENDER ACT AND 36%
RATE CAP ON SMALL DOLLAR LOANS. BORROWING RATE COULD EXCEED 300% PER YEAR....; Marcella Deluca, Self:
This bill woutd hurt vulnerable families already struggling to make ends meet.; Jane Johnson, Self: | oppose this
because these are nothing more than pay day loans. They should not be exempt from our lending laws and we
need to protect the consumer.; Kathryn Dorn, Self: Payday-loan companies already tend to be horrifically
predatory, even when they're at least somewhat regulated as a source of loans; please don't further endanger
desperate consumers by allowing payday lenders to skirt around even those regulations!; Jeanmarie Haney, Self:
Would disguise payday loans as an “earned wage advance,” making them a predatory lending "product" and nota
"loan" to get around Arizona’s Consumer Lender Act. Hurts vulnerable families struggling to make ends meet.
HB2402, ambulance services; certificates of necessity
Support:
Tom Caretto, PROFESSIONAL FIRE FIGHTERS OF ARIZONA; Damien Johnson, AZ HOSPITAL & HEALTHCARE ASSN;
Mary Dalton, AZ FIRE DISTRICT ASSN
Neutral:
Carly Fleege, AZ DEPARTMENT OF HEALTH SERVICES; Emily Ryan, PRIORITY AMBULANCE, LLC
Oppose:
Meghaen Dell'Artino, HEALTHCARE INNOVATIONS, INC; Marie Isaacson, ABC AMBULANCE LLC; Don Isaacson, ABC
AMBULANCE LLC; Tom Dorn, AMR River Medical; Victor Peterson, representing self
All Comments:
Marie Isaacson, ABC AMBULANCE LLC: I would like to speak.
HB2476, certified public accountants; certification; alternative.
Support:
Ryan DeMenna, AZ SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS; Emily Webb, AZ SOCIETY OF CERTIFIED PUBLIC
ACCOUNTANTS
HB2682, rental assistance program; appropriation
Support:
Courtney Gilstrap LeVinus, Arizona Multihousing Association; Michael Racy, Lobbyist, PIMA COUNTY; Brandy
Petrone, KEYS TO CHANGE; Karen Kruse, PHOENIX, CITY OF; Rebecca Smith Gross, representing self; Craig
McDermott, representing self; Monica Dorcey, representing self; Dianne Post, AZ NATIONAL ORGANIZATION FOR
WOMEN (NOW), Self; Connie Phillips, representing self; Julie Hoffman , representing self; Kristina Sabetta,
representing self; Brittany Bingold, NATIVE AMERICAN CONNECTIONS; Heather Ross, representing self; Christian
Solorio, representing self; Harold Bergsma, representing self; kathy bashor, ARIZONA PEER AND FAMILY
COALITION; Judith Lohr, representing self; Solveig Muus, representing self; Ava Brownlow, representing self; Jodi
Liggett, ARIZONA CENTER FOR WOMEN'S ADVANCEMENT; Nicole Fordey, representing self; Cody Schaar,
representing self; Cheyenne Walsh, ARIZONA PARTNERSHIP FOR PEOPLE AND PETS (APPP); Rivko Knox,
representing self; Geraldine Miranda, THE ARIZONA CENTER FOR ECONOMIC PROGRESS; Bahney Dedolph,
representing self; Patrick McDaniel, PHOENIX COMMUNITY ALLIANCE; Jeremy Browning, ARIZONA HOUSING
COALITION; Ethan Knowlden, representing self; Jennifer J. Burns, CHILDREN'S ACTION ALLIANCE; Jessica Couleur,
representing self; Wyatt Kanyer, representing self; Chuck LeVinus, representing self; Mark Zinman, representing
self; Steve Kaiser, Arizona Multihousing Association
All Comments:
Monica Dorcey, Self: Used judiciously, this assistance good reduce evictions and dramatically impact homelessness,
particularly of families with children. This is a good tool to help DES do their work.; Kristina Sabetta, Self: Housing
is crucial for mental health.; kathy bashor, ARIZONA PEER AND FAMILY COALITION: housing is healthcare We
cannot address mental illness without it; Solveig Muus, Self: Supporting because | believe housing stability is a
moral concern because it protects human dignity; prevents avoidable harm; uses public institutions responsibly;
prioritizes those most at risk; and reflects God’s care for neighbors in real need.; Ava Brownlow, Self: Expanding
rental assistance programs is vital for our community. With rent prices rising and wages staying stagnant, families
and individuals are being pushed out of their homes with minimal support potentially causing them to experience
homelessness; Bahney Dedolph, Self: Prevent family homelessness by providing short term assistance to help
parents through crisis situations.; Patrick McDaniel, PHOENIX COMMUNITY ALLIANCE: Phoenix Community Alliance
stands in support of this Bill as it will contribute to providing housing security to vulnerable populations.; Jessica
Couleur, Self: | strongly support providing short term assistance for families in need. Help prevent homelessness;
Mark Zinman, Self: This bill is critical to help residents facing financial difficulties. It is clear that rental assistance is
the most effective means of addressing financial hardships and evictions.
HB2698, rental assistance study committee
Support:
Courtney Gilstrap LeVinus, Arizona Multihousing Association; Karen Kruse, PHOENIX, CITY OF; Janet Larkin,
representing self; Julie Hoffman , representing self; Brittany Bingold, NATIVE AMERICAN CONNECTIONS; Heather
Ross, representing self; Cheyenne Walsh, ARIZONA PARTNERSHIP FOR PEOPLE AND PETS (APPP); Clark Princell,
VALLEY PARTNERSHIP; Mark Zinman, representing self
All Comments:
Janet Larkin, Self: Our unhoused people need all the help they can get and we can do this.; Mark Zinman, Self: This
bill is critical to help residents facing financial difficulties. It is clear that rental assistance is the most effective
means of addressing financial hardships and evictions.
HB2875, local regulation; prohibition; unmanned aircraft
Support:
Jake Robinson, representing self; Jeremy Gerlach, ZIPLINE INTERNATIONAL, INC.; Shaun Rieve, ZIPLINE
INTERNATIONAL, INC.
Oppose:
Craig McDermott, representing self
HB2877, timeshare salespersons; licensure
Support:
Don Isaacson, AMERICAN RESORT DEVELOPMENT ASSOCIAITION; Marie Isaacson, AMERICAN RESORT
DEVELOPMENT ASSOCIAITION; Ruth Carter, representing self
HB2903, social credit: use: prohibition
Support:
Cheryl Todd, representing self; Michael Infanzon, AZ CITIZENS DEFENSE LEAGUE, INC; Shirley Dye, representing
self; Suzanne Burros, representing self; Stephen Harris, representing self; Corinne Haynes, representing self;
Buffalo Rick Galeener, representing self; James Adams, representing self; Susan Bolt, representing self; Tim Dziuk,
representing self; Melanie Hutchings, representing self; James McFadzean, representing self; Charlyce Knight,
representing self; Starr Costa, representing self; Bev Miller, representing self; Priscilla Moore, representing self;
Gary Zimmerman, representing self; Lynda Patrick-Hayes, LD10STRONG!, representing self; Ryan Larson,
representing self; Julie Christine Young, representing self; Valerie Starr, representing self; James Roth, representing
self
Oppose:
Glenn Sollers, representing self; Jodi Paulsen, representing self; Craig Falasco, representing self; Dave Long,
representing self; Judith Simons, representing self; Sandra Kravetz, representing self; Rebecca Smith Gross,
representing self; Maria Salvucci, representing self; Craig McDermott, representing self; Kevin Brown, representing
self; Mariana Spier, representing self; Dianne Post, AZ NATIONAL ORGANIZATION FOR WOMEN (NOW), Self; Carol
Maas, representing self; Sherrilynn James, representing self; jacqueline Johnson, representing self; James Scheid,
representing self; Bryna Koch, representing self; Katherine Doman Sheydayi, representing self; Elizabeth Schauer,
representing self; Gail Kamaras, representing self; Charlie Silver, representing self; Becky Sayler, representing self;
Susan Morris, representing self; Brent Gibbs, representing self; Brenda Nelson, representing self; Christine Keitges,
representing self; Sharon Lee, representing self; Bobbie Howard, representing self; Linda Edwards, representing
self; Kathy Fraser, representing self; Janet Senf, representing self; Kathy Pyner, representing self; Jocelyn Dustan,
representing self; Joan Murphy, representing self; Penny Boone, representing self; Ralph Meredith, representing
self; Gayle Meredith, representing self; Valerie Policastro Edie, representing self; Margaret Adams , representing
self; Amy Etzkorn, representing self; Mariette Francis, representing self; Martha O'Connor, representing self;
Kathleen Dubbs, representing self; Rebecca Scotney, representing self; Katherine Warren, representing self; Mary-
Jeanne Fincher, representing self; Matthew Nelson, representing self; Francesca Pardes, representing self;
Roxanna Kearns, representing self; William S. James, representing self; Jo Ann Caruthers, representing self; Brian
Calaway, representing self; Mary Ganapol, representing self; Steve Gorman-Hackstadt, representing self; Rebecca
Haynes, representing self; Mary Nelson, representing self; Susan Phelps, representing self; Bart James,
representing self; Bonnie Oakes, representing self; Cassandra Morano, representing self; Melinda lyer,
representing self; Christina Bustos, representing self; Kathryn Anderson, representing self; Carol Fiore,
representing self; William Yohey, representing self; Barbara Larson, representing self; Carol Garnett, representing
self; Jennifer Dawson, representing self; Linda Block, representing self; Paula Van Derven, representing self; Amy
Gaiennie, representing self; Jean Meconi, representing self; Allison Jackson, representing self; Loretta O'Connor,
representing self; Mary Keerins, representing self; Cynthia Wagner, representing self; Nancy Hancock, representing
self; Kathleen Schanus-Gohl, representing self; Marie Helt, representing self; Nelson Morgan, representing self;
Roger Blain, representing self; Gary Townsend, representing self; Angela Buer, representing self; Leslie Stallcop,
representing self; Margaret Tinsley, representing self; Jacqueline deSa, representing self; William Bowlus-Root,
representing self; Jerrold Borchardt, representing self; Marilyn Murov, representing self; Frederick James,
representing self; Jane Jackson, representing self; Marcia Tingley, representing self; RITA DEPUYDT, representing
self; Christopher Cerrato, representing self; Aaron Essif, representing self; Helen Abrahamson, representing self;
Jeanmarie Haney, representing self; Lisa Maczura, representing self; Rebecca Shook, representing self; Rivko Knox,
representing self; Libby Stortz, representing self; Alice Christianson, representing self; Devon Sloan, representing
self; Pamela Chittenden, representing self; Salie Travis, representing self; STACEY NORDWALL, representing self;
Cheryl Benefield, representing self; Gina Gral, representing self; Suzanne Zimmerman, representing self; Karen
Brown, representing self; Dianna DiMaggio, representing self; Valarie Bryant, representing self; Mona Nance,
representing self; Carol Rohe, representing self; Ann Lebert, representing self; Barbara Jones, representing self;
Patricia Brunner, representing self; Lacy Bangert, representing self; Jan Allen, representing self; Lisa Koenig,
representing self; Vanessa Hill-Fromm, representing self; Janet Lewis-Weaver, representing self; Mike Kunnecke,
representing self; Ken Jones, representing self; Sharon Arnst, representing self; Sarah Bihms LD29, representing
self; Dieter Knecht, representing self; John Cummings, representing self; Ashka Atodaria, representing self; Allen
Brown, representing self; Don Howard, representing self; JoAnn McCay, representing self; Melinda Bell,
representing self; Nadya Laliberte, representing self; Eric Kadel, representing self; Anita Howard, representing self;
Sandra Stark, representing self; Susan Ordway, representing self; Kathleen Woessner, representing self; Jillian Ryan,
representing self; Sally Evans, representing self; Barbara Lucas, representing self; Sery Johnson, representing self;
Amy Gosla, representing self; Janie Smieszek, representing self; Marin Lersch, representing self; Alicia Messing,
representing self; JOHN FIENE, representing self; Kristan Larson, representing self; Lance Shout, representing self;
Joanne Basta, representing self; Marcella Deluca, representing self; Susan Bowen, representing self; Nancee K
Wood, representing self; Kathryn Dorn, representing self
All Comments:
Shirley Dye, Self: Financial institutions have become so impersonal and also and do not realize the value of a
person seeking a loan, discriminating against them because of a personal or company policy bias is unacceptable.
Practical issues should be considered.; Stephen Harris, Self: When evaluating customers, there should be only
three factors to consider: ability to pay, willingness to pay, and lawful use of the borrowed funds; James
McFadzean, Self: Credit score ratings should not be forced on banks when determining whether to lend money to
a customer; Charlyce Knight, Self: When evaluating customers, there should be only three factors to consider:
ability to pay, willingness to pay, and lawful use of the borrowed funds; Starr Costa, Self: When evaluating
customers, there should be only three factors to consider: ability to pay, willingness to pay, and lawful use of the
borrowed funds.; Bev Miller, Self: When evaluating customers, there should be only three factors to consider:
ability to pay, willingness to pay, and lawful use of the borrowed funds.; Gary Zimmerman, Self: "Social credit"
systems are antithetical to US freedoms and to our economic system. No state or financial institution should be
spying on citizens’ private lives and behaviors, using them as a basis for lending money. It's unAmerican.; James
Roth, Self: No to social credit scores in lending decisions.; Glenn Sollers, Self: This is something that Arizona is not
requiring. The idea appears driven by a panic that society will hold extremists accountable for their actions.; Jodi
Paulsen, Self: Don't you want to hold banks liable for giving loans to bad actors? This goes both ways, you know.,;
Craig Falasco, Self: | don’t see any reason for the Legislature to consider this bill. Arizona does not currently require
banks to consider social or environmental “values”. | think the Legislature’s time can be better spent solving actual
problems.; Judith Simons, Self: Stop requiring something you’re already not requiring?; Gail Kamaras, Self: This is a
so-called solution in search of a problem which does not exist; Susan Morris, Self: Rep. Montenegro seems to want
banks to operate without a moral compass. Not a good idea.; Brenda Nelson, Self: OPPOSE; Penny Boone, Self: NO!
This idea seems to be driven by a panic that society will hold extremists accountable for their actions...which they
should be.; Valerie Policastro Edie, Self: We need accountability; Martha O'Connor, Self: Social or environmental
values when lending may be very important to avoid funding dangerous enterprises; Francesca Pardes, Self: This
bill would ban the state from requiring banks to consider social or environmental values when lending. Arizona
does NOT require banks to do that. | don't understand the necessity of this bill.; Roxanna Kearns, Self: Do not ban
the state from requiring banks to consider social or environmental values when lending.; Brian Calaway, Self: bad
idea!; Rebecca Haynes, Self: The state already does not require this. Why waste our time and money?; Bonnie
Oakes, Self: AZ does not require banks to consider social or environmental values when lending. Research finds
that companies that pay attention to environmental, social, and governance concerns do not experience a drag on
value creation—in fact, quite the opposi; Melinda lyer, Self: Bad idea. Allow society to hold extremists accountable
for their actions if they choose to.; Carol Garnett, Self: State is already not requiring this.; Jennifer Dawson, Self: AZ
banks don't do this - bill seems driven by a panic that society will hold extremists accountable for their actions.;
Amy Gaiennie, Self: | oppose this bill! Arizona is not requiring this, so why write this legislation?; Jean Meconi, Self:
This is simply government overreach. | should be able to invest with a bank that reflects my values.; Mary Keerins,
Self: AZ banks are not required to consider social or environmental values when lending. This is unnecessary.;
Cynthia Wagner, Self: I'm an AZ voter. This is something that Arizona is not requiring.; Gary Townsend, Self: The
idea appears driven by a panic that society will hold extremists accountable for their actions.; Angela Buer, Self: |
don’t see any reason for the Legislature to consider this bill. Arizona does not currently require banks to consider
social or environmental “values”. | think the Legislature’s time can be better spent solving actual problems. |
OPPOSE.; Margaret Tinsley, Self: This bill is unnecessary, and a waste of time and money for you to consider.
Please vote no.; Jacqueline deSa, Self: would ban the state from requiring banks to consider social or
environmental values when lending. This is something that Arizona is not requiring. The idea appears driven by a
panic that society will hold extremists accountable for their actions.; Marilyn Murov, Self: Arizona does not require
this so the ban is unnecessary. A solution to a non existing problem.; Marcia Tingley, Self: AZ is not requiring this
now. there is no need for this bill.; Aaron Essif, Self: AZ doesn't currently request banks to do this.; Jeanmarie
Haney, Self: This would be a ban against something that doesn't even exist!; Lisa Maczura, Self: Govt overreach.
Nope.; Alice Christianson, Self: Let the state help determine banking.; Salie Travis, Self: Oppose.; Karen Brown, Self:
Our state does not currently require this. There is no need to legislate against it. If someday these criteria are
required, this law could be struck down anyway.; Vanessa Hill-Fromm, Self: This bill would would ban the state
from requiring banks to consider social or environmental values when lending.; Sarah Bihms LD29, Self: Banning
consideration of environmental or social risk ignores reality. Responsible lending protects families.; John
Cummings, Self: Unnecessary legislation; Allen Brown, Self: | oppose HB2903. Vote NO on HB2903.; Susan Ordway,
Self: An unnecessary bill -Arizona does not require this.; Jillian Ryan, Self: The idea appears driven by a panic that
society will hold extremists accountable for their actions.; Barbara Lucas, Self: This is something that Arizona is not
requiring. The idea appears driven by a panic that society will hold extremists accountable for their actions.; JOHN
FIENE, Self: This bill is just talk about redlining, and AZ does not require lenders to consider social or environmental
values. If it ain't broke, don't fix it. LD1 voter; Kristan Larson, Self: Accountability is key to protect our state.;
Joanne Basta, Self: Banks should have the ability to consider how investments harm people and t he environment.;
Susan Bowen, Self: THIS BILL IS BASED ON FEAR THAT A BANKS WILL NOT PROSPER IF THEY CONSIDER ESG VALUES.
IF YOU WILL RESEARCH THIS, YOU WILL FIND THE OPPOSITE; THEY PROSPER.; Kathryn Dorn, Self: Our state doesn't
require banks to exercise the slightest concern about ecological or human-rights impacts when deciding whom to
lend money to, so this is...what, an anti-human-health + anti-human-rights messaging bill? A pro-irresponsibility
bill?
HB2910, registrar of contractors; administrative recovery
Neutral:
Tom Farley, Arizona Association Of Realtors
10
ARIZONA STATE LEGISLATURE
Fifty-seventh Legislature - Second Regular Session
COMMITTEE ATTENDANCE RECORD
COMMITTEE ON COMMERCE
CHAIRMAN: Jeff Weninger VICE-CHAIRMAN: _ Michael Way
DATE 02/03/26
CONVENED A: Ol PY
RECESSED
RECONVENED
ADJOURNED lo. 41 PM
MEMBERS PRESENT NOT PRESENT
Aguilar S/
Blackman i
Carter N rs
Cavero 4
Connolly A
Diaz fo
Hendrix V4
Villegas ~
Wilmeth VA
Way, Vice-Chairman uf
Weninger, Chairman ae
TOTAL
Attachment 2
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2181: death certificates; funeral establishments; timeline
Sponsor: Representative Willoughby, LD 13
Committee on Commerce
Overview
Changes the time allowed for funeral establishments or individuals to complete and submit
a death certificate for registration.
History
A funeral establishments or responsible individuals, upon receiving and taking possession of
human remains, has up to seven days to: 1) obtain and complete the required information on
the death certificate; 2) provide on the death certificate the name and address of the person
completing the death certificate; and 3) submit the death certificate for registration to a local
registrar, a deputy local registrar or the state registrar (A.R.S. § 36-325).
Provisions
1. Increases the time allowed for funeral establishments or responsible individuals that
receives possession of human remains to complete and submit a death certificate for
registration from within 7 calendar days to as soon as practicable but not more than 21
calendar days. (Sec. 1)
2. Makes clarifying changes. (Sec. 1)
0 Prop 105 (45 votes) 0D Prop 108 (40 votes) OO Emergency (40 votes) O Fiscal Note
Initials PB HB 2181
1/28/2026 Page 1 Commerce
Attachment 4
Fifty-seventh Legislature Commerce
Second Regular Session H.B. 2181
OONDOHP WDM FE
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2181
(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-STRIKEGUT-TH-BRACKEFS] indicates new text removed from statute
or previously enacted session law.
(Green—strrkeout—rtrackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green—strtkevut—inrcarets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
Section 1. Section 36-325, Arizona Revised Statutes, is amended to
read:
36-325. Death certificate registration; moving human remains;
immunity
A. tt+ttmr—severn AS SOON AS PRACTICABLE BUT NOT MORE’ THAN
(THENTY-ONE] [FOURTEEN] calendar days after receiving possession of human
remains, a funeral establishment or responsible person who takes
possession of the human remains shall:
1. Obtain and complete the information, including the social
security number of the decedent, on the death certificate required
pursuant to this chapter and rules adopted pursuant to this chapter.
2. Provide on the death certificate the name and address of the
person completing the death certificate.
3. Submit the death certificate for registration to a _ local
registrar, a deputy local registrar or the state registrar. The funeral
establishment or responsible person may submit the death certificate by
electronic means in the format prescribed by the state registrar.
B. Within seventy-two hours after receiving a death certificate
pursuant to this section, a local registrar, a deputy local registrar or
the state registrar shall register a- THE death certificate if it is
accurate and complete and submitted pursuant to this chapter and rules
adopted pursuant to this chapter.
C. If a county medical examiner or alternate medical examiner
determines that the circumstances of a death provide jurisdiction pursuant
to section 11-593, subsection B, the medical examiner or alternate medical
examiner shall complete and sign the medical certification of death on a
death certificate within seventy-two hours after the examination,
Adopted \ # of Verbals
ailec Withdrawn
Not Offered Analysts Initial:
House Amendments to H.B. 2181
ONO PWDM
FPP HPP PWWWWWWWWWWDNYDNDNYDYNDYDNY NNN RP REP Bee ee
NOAABPWNHRFOTOWOANADATABPWNHEF DKW ONDA ATAHRWNHHFHOWODANDOBRWNHHOW
excluding weekends and holidays. If the medical examiner or alternate
medical examiner cannot determine the cause of death within that time, the
medical examiner or alternate medical examiner shall enter "pending" for
the cause of death and sign the medical certification of death within
seventy-two hours after the examination, excluding weekends and holidays.
D. A local registrar, a deputy local registrar or the _ state
registrar shall register a death certificate if there is a _ medical
certification of death signed by the medical examiner or alternate medical
examiner with a pending cause of death.
E. Final disposition of human remains with a pending cause of death
shall not occur until the medical examiner or alternate medical examiner
releases the human remains for final disposition.
F. When the medical examiner or alternate medical examiner
determines the cause of death, the medical examiner or alternate medical
examiner shall submit the information to the local registrar, deputy local
registrar or state registrar.
G. If a person under the current care of a health care provider for
an acute or chronic medical condition dies of that condition, or
complications associated with that condition, the health care provider or
a health care provider designated by that HEALTH CARE provider shall
complete and sign the medical certification of death on a_ death
certificate within seventy-two hours[. _ EXC LUDING WEEKENDS AND
HOLIDAYS]. If current care has not been provided, the medical examiner or
alternate medical examiner’ shall complete and sign the medical
certification of death on a death certificate within seventy-two hours
after the examination, excluding weekends and holidays.
H. If a person dies in a hospital, nursing care institution or
hospice inpatient facility of natural causes, the hospital, nursing care
institution or facility shall designate a health care provider to complete
and sign the medical certification of death within seventy-two hours[.,
EXCLUDING WEEKENDS AND HOLIDAYS].
I. If a person dies on an Indian reservation in this state and a
county medical examiner or alternate medical examiner is not available,
the tribal law enforcement authority, acting in an official investigative
capacity, may complete and sign the medical certification of death.
J. If the place of death is unknown, the death is considered to
have occurred in the place where the human remains were found.
K. If a person dies in a moving conveyance, the death is considered
to have occurred in the place where the human remains were initially
removed from the conveyance. In all other cases, the place where death is
pronounced is considered the place where the death occurred.
L. The state registrar shall create and register a death
certificate when the state registrar receives a court order of a
presumptive death. The court order shall contain the _ following
information, if known:
1. The decedent's name, social security number, date of birth, date
of death, cause of death and location of death.
House Amendments to H.B. 2181
a) 2. Any other information necessary to complete a death certificate
2 for a presumptive death.
3 M. If a murder victim's body is not recovered, a conviction for the
4 murder is proof of death. The court shall forward a record of the
5 conviction to the state registrar. The state registrar shall obtain the
6 personal data regarding the murder victim from information provided by the
7 court, a family member of the murder victim or another reliable source and
8 create and register the death certificate.
9 N. A health care provider who completes and signs a _ medical
10 certification of death in good faith pursuant to this section is not
11 subject to civil liability or professional disciplinary action.
12 Enroll and engross to conform
13 Amend title to conform
JEFF WENINGER
2TOTHENTHGER tHocx
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2181WENINGER. 2pr.docx
01/23/2026
08:32 AM
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130XSYOTE
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2181
PPA
DATE February 03, 2026 MOTION:
PASS AYE NAY PRESENT | ABSENT
Aguilar 4
Blackman
Carter N . Va
Cavero A
Connolly
AA
Diaz
Hendrix
\IS
Villegas
Wilmeth
Way, Vice-Chairman
Weninger, Chairman
© \KK
Uy l ©
APPROVED: QOMMITTEE SECRETARY
VW Mor
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT. &
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2682: rental assistance program; appropriation
Sponsor: Representative Hernandez A, LD 20
Committee on Commerce
Overview
Establishes the Rental Assistance Program (Program) and appropriates $5,000,000 from the
General Fund (GF) in Fiscal Year (FY) 2027 to the Arizona Department of Economic Security
(DES) for the purposes of the Program.
History
Administered by DES, the Arizona Rental Assistance Program (Program) provided financial
support to eligible low-income households to help cover rental arrears, future rent, and rent
late fees and penalties. The Program was funded by State and Local Fiscal Recovery Funds
as administered by the U.S. Department of the Treasury and DES as a part of the American
Rescue Plan Act. The Program officially ceased accepting new applications on August 31,
2024.
Provisions
Rental Assistance Program
1. Directs DES to establish and administer the Program, including adopt rules that govern
the Program's process and criteria. (Sec. 1)
2. Outlines the Program's eligibility requirements. (Sec. 1)
Specifies the tenant is not required to be delinquent on rent to apply for the Program.
(Sec. 1)
4. Instructs DES to approve or deny a Program application within five business days after
receiving an application. (Sec. 1)
5. Requires DES to send written notice of its decision to the tenant and the landlord, and if
approved include the amount granted and specific months the rental assistance payments
will cover. (Sec. 1)
6. Limits the rental assistance that a tenant may receive only once every 12 months to the
lesser of up to 2 months or $5,000. (Sec.1)
Requires the rental assistance payment be paid directly to the landlord. (Sec. 1)
8. Stipulates DES may issue the payment directly to the tenant and notify the landlord of
the payment if the landlord refuses to accept direct payment. (Sec. 1)
9. Allows rental assistance to cover upcoming rental payments. (Sec. 1)
0 Prop 105 (45 votes) 0 Prop 108 (40 votes) OO Emergency (40 votes) CO Fiscal Note
Initials PB HB 2682
1/29/2026 Page 1 Commerce
Attachment_/
10. Requires any prospective rental assistance payments be delineated in DES's written
notice of approval to the tenant and the landlord. (Sec. 1)
11. Stipules the landlord, for tenants that are delinquent on rent, must verify with DES the
balance that is due. (Sec. J
12. Directs the tenant, for landlords that refuse to provide information on the balance, to
provide DES the details regarding the balance. (Sec. 1)
13. Instructs DES to establish, or contract with a provider to establish, a free financial
literacy class for tenants requesting rental assistance. (Sec. 1)
14, Prohibits a landlord who accepts rental assistance payments from DES or the tenant from
evicting the tenant for nonpayment of rent for the months covered by the rental assistance
payments. (Sec. 1)
Appropriations
15. Appropriates $5,000,000 from the GF in FY 2027 to DES for the Program. (Sec. 2)
16. Exempts the appropriation from lapsing. (Sec. 2)
Initials PB HB 2682
1/29/2026 Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2682
DATE February 03, 2026 MOTION: | NY
PASS AYE NAY PRESENT | ABSENT
Aguilar S
Blackman WA
Carter N Ae
Cavero WA
Connolly \%
Diaz S
Hendrix a
Villegas /
Wilmeth WA
Way, Vice-Chairman VA
Weninger, Chairman S
TL YU () LO
nw Ge
APPROVED: " COMMITTEE SECRETARY
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT. 8
HB 2648
this was
her Ea lish pranslatign
that was hanked to the members
Hi, my name is Grace. I am a resident of District 20 in Tucson, and I am here today
to speak in support of this legislation and the impact it can have on Arizona
families like mine.
Last year, I faced a sudden financial crisis and struggled to pay my rent on time. I
am a single mother raising a daughter with special needs, and like many families
across Arizona, I found myself unsure of where to turn. I met Representative
Hernandez when she knocked on my door and I shared my situation to her, she told
me about the funding she was able to get for a local nonprofit and connected me
with them, due to her help I was able to obtain emergency rental assistance. I have
always worked hard and paid my rent, but this was a temporary setback beyond my
control, I was afraid of eviction and homelessness, and I knew the consequences
could follow my family for years—making it harder to find housing and damaging
my credit.
Rental assistance gave me the breathing room I needed to help me recover instead
of falling into eviction. The help was one-time, required documentation, and was
exactly what I needed. There are many families in situations like the one I
experienced and today I share my story in hopes that elected officials will vote and
pass this very needed funding.
That assistance kept my family stable, prevented court involvement, and avoided
the need for emergency shelter. Rental assistance is not a handout it is prevention.
It helps hardworking families like mine to make ends meet, stay housed, keep
working, and remain part of their communities. I urge all the members both
democrats and republicans to get this done because helping Arizonans should not
be partisan.
Attachment 4
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2698: rental assistance study committee
Sponsor: Representative Hernandez A, LD 20
Committee on Commerce
Overview
Creates the Rental Assistance Study Committee (Study Committee) which examines the
effectiveness of rental assistance programs in Arizona.
History
The ADOH is responsible for: 1) establishing policies, procedures and programs to address
the affordable housing issues confronting Arizona, including issues of low-income families,
moderate income families, housing affordability, special needs populations and decaying
housing stock; 2) providing, to qualified housing participants and political subdivisions of
Arizona, financial, advisory, consultative, planning, training and educational assistance for
the development of safe, decent and affordable housing, including housing for low and
moderate income households; and 3) maintaining and enforcing standards of quality and
safety for manufactured homes, mobile homes and factory-built buildings (A.R.S. § 41-3953).
Provisions
1. Establishes the 13-member Study Committee and outlines the membership. (Sec. 1)
2. Instructs the Study Committee to:
a. identify existing rental assistance programs operating in Arizona;
b. review eligibility criteria, administrative structures and reporting practices of rental
assistance programs;
c. examine coordination among state agencies, political subdivisions and nonprofit
organizations administering rental assistance;
d. solicit input and testimony from stakeholders regarding rental assistance programs;
and
e. develop findings and recommendations regarding the effectiveness of rental
assistance programs. (Sec. 1)
3. Requires the Study Committee to submit a report of findings and recommendations by
December 31, 2027, to the Governor and the Legislature and provide a copy to the
Secretary of State. (Sec. 1)
4. Prohibits Study Committee members from receiving compensation. (Sec. 1)
Repeals the Study Committee on October 1, 2028. (Sec. 1)
0 Prop 105 (45 votes) O Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note
Initials PB HB 2698
1/29/2026 Page 1 Commerce
Attachment [0
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2698
DATE February 03, 2026 MOTION: | »P
PASS AYE NAY PRESENT | ABSENT
Aguilar S/
Blackman VA
Carter N . JS.
Cavero SY
Connolly \KA
Diaz VA
Hendrix . /.
Villegas VA
Wilmeth Va
Way, Vice-Chairman VA
Weninger, Chairman VY
4 | uU O O
F
APPROVED: CQMMITTEE SEGRE TARY
VAM
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT _ |
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2476: certified public accountants; certification; alternative.
Sponsor: Representative Livingston, LD 28
Committee on Commerce
Overview
Makes revisions to Certified Public Accountants (CPA) statutes.
History
The Arizona State Board of Accountancy (Board) protects the public from unlawful,
incompetent, unqualified or unprofessional certified public accountants through certification,
regulation and rehabilitation. (Title 32, Chapter 6, A.R.S.).
Provisions
State Board of Accountancy
1. Alters Board responsibilities, which include:
a. investigating complaints to determine whether a registrant or limited reciprocity
privilege individual or firm, rather than a certified public accountant, has committed
a violation; and
b. delegate to the executive director the authority to approve a request for inactive status
and approve reinstatement from canceled or expired status. (Sec. 2)
Certified Public Accountant
2. Revises the requirements for applicants who have never been certified, registered or
licensed in this state or another jurisdiction by:
a. removing language relating to the requirement to have at least 2,000 hours of
experience in the practice of accounting and completion of 150 semester hours of
specified accounting courses; and
b. requiring applicants to present satisfactory evidence of obtaining either a:
i. baccalaureate degree and has at least two years of experience;
ii. baccalaureate degree, 30 additional semester hours and has at least one year of
experience; or
iii. postbaccalaureate degree and at least one year of experience. (Sec. 3)
3. Removes the alternative certification requirement for applicants who have a certificate,
registration or license in another jurisdiction relating to having a baccalaureate degree
and employment history with specified semester hours of accounting courses. (Sec. 3)
4. Adds as an alternative certification requirement for applicants who have a certificate,
registration or license to practice as a CPA in another jurisdiction that the applicant has
been employed as a CPA in the practice of accounting for at least:
0 Prop 105 (45 votes) O Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note
Initials HB 2476
1/30/2026 Page 1 Commerce
Attachment |X:
10.
ll,
12.
13.
14.
15.
16.
17,
18.
19.
a. three years and has obtained either:
i. a postbaccalaureate degree; or
li. a baccalaureate degree and 30 additional semester hours; or
b. five of the ten preceding years and has obtained a baccalaureate degree. (Sec. 3)
Instructs the Board to adopt rules regarding the required number of semester hours of
accounting courses. (Sec. 3)
Define experience. (Sec. 3)
Restates that a person is allowed to take the uniform CPA examination provided the
person has either a baccalaureate degree or a postbaccalaureate degree that includes the
required number of semesters hours of accounting courses as determined by the Board.
(Sec. 4)
Miscellaneous
Revises the requirements to qualify to exercise the limited reciprocity privilege for
individuals who hold a valid registration certification or license issued by another
jurisdiction by:
a. Deleting language outlining current requirements; and
b. Including the requirement that the individual:
i. meets statutory qualification requirements for CPAs or out-of-state applicants; or
li. holds a valid active registration, certificate or license as a CPA from any
jurisdiction as of December 31, 2024. (Sec. 5)
Adds the uniform registration fee applied to registrants for less than two years be charged
on a pro rata basis for the remainder of the registration period. (Sec. 6)
Specifies the uniform registration fee applied to retired status registration is due during
the month of the anniversary of the registrant's birth and be charged on a pro rata basis
for registrants of less than two years. (Sec. 6)
Allows the Board to reduced or waive certain registration fees before the due date of any
registration fee, rather than any renewal fee. (Sec. 7)
Prohibits a registrant who is under investigation by the Board from canceling the
certificate or registration. (Sec. 8)
Authorizes the Board to offer to a registrant relinquishment of a certificate or
registration. (Sec. 9)
Clarifies that a registrant, in order to complete the relinquishment, must acknowledge
that an investigation or disciplinary proceeding has been initiated. (Sec. 9)
Revises the requirement relating to certificate reinstatement by removing references of
required semester hours and adding that the individual obtains a baccalaureate degree
or postbaccalaureate degree. (Sec. 11)
Clarifies continuing professional education audits are presumed to be public records. (Sec.
17)
Defines pertinent terms. (Sec. 1)
Contains a delayed effective date of January 1, 2027. (Sec. 18)
Cites the act as the Certified Public Accounting Act of 2026. (Sec. 19)
Initials HB 2476
1/30/2026 Page 2 Commerce
20. Makes clarifying and technical changes. (Sec 4, 5, 6, 7, 8, 9, 10, 11, 12, 18, 14, 15, 16)
Initials HB 2476
1/30/2026 Page 3 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILLNO. _HB2476
DATE February 03, 2026 MOTION: D (
PASS AYE NAY PRESENT | ABSENT
Aguilar
Blackman
Carter N
Cavero
Connolly
Diaz
Hendrix
Villegas
Wilmeth
Way, Vice-Chairman
NANAK KS
Weninger, Chairman
O QO 10
—
—_—
~
v
APPROVED: COMMITTEE SECRETARY
SVM _
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT. 3
- Overview
The CPA profession nationwide
is focused on
_“pipeline” of new CPAs due to a
decline in accounting graduates
and a shortage of qualified
professionals.
Like 24 other states that enacted
similar legislation
2476 expands
o ascpa
é ta a; a’ Arizona Society of CPAs
HB 2476
Certified Public
Accounting Act of 2026
rebuilding the
in 2025, HB
pathways to
New Pathways
obtain a CPA certificate in Passed
Arizona, and broadens limited - iu
% F: 28 Progress
reciprocity privilege (a.k.a
mobility) to ensure a more
flexible and accessible
profession.
s s
EDUCATION EXPERIENCE EXAM Key Provisions
To align with nationwide efforts, HB
Bachelor's Degree or 1 Year Work -s ’
Current | Bag Higher 150 hours) M04 si ain = meee” 2476 introduces three new
Path 1 aH iecilee Diora Ca > og CPA Exam broadens practice privilege
“ew —tttitbiuokteses) itilcdutstibmelnwamudacmumuweawe requirements that-will allow Arizona
CPAs to practice across state lines.
Path 2 Bachelors Degree + lg 1 Yeor Work = ae P
new Bagged kes xperience . .
U1 ttwo iiitttbtiotncvNneammmumesse: enese changes: will modernize
Path 3 — we iTianittieal = — certification, support workforce
“nee Degree Wales Exrerience growth, strengthen Arizona’s
All applicants must have a minimum that Arizona CPAs remain
concentration in accounting and related courses.
The Hrizona Sociely of CPAs - Your Connection to the Accounting. Profession
competitive in the national market.
Attachment 1
By Adding Additional Pathways
247 ill:
e Provide Flexibility: Accommodates students’ needs by
providing additional career paths.
e Reduce Barriers: Eases both the financial and time
burdens associated with a fifth year in college.
e Promote Workforce Development: Broadens the CPA
candidate pipeline to meet growing demand.
By Broadening Practice Privilege Mobility
HB 2476 Will:
e Ensure that Arizona CPAs can practice across state lines
if they have a license in good standing and meet Arizona’s
certification requirements, or they were certified in any
jurisdiction as of December 31, 2024. Having these
provisions in place will allow Arizona CPAs to work
nationwide with no notice and no fee.
Ensure Arizona businesses have access to qualified
expertise from across the nation.
Additionally, HB 2476 Will:
Clarify existing statute relating to cancellation vs.
relinquishment of a CPA certificate.
o Registrants cannot request cancellation while under
investigation. Cancellation is used only for non-
disciplinary situations, such as choosing not to renew,
and simply indicates the credential is no longer active.
o Relinquishment applies when a_ certificate or
registration is surrendered because of an investigation
or disciplinary action.
e Modernize the Board’s online two-year registration
system to include: initial registrations for newly certified
CPAs, prorated registrations for CPAs with registration
terms less than two years, and reinstatement of CPAs
previously on cancelled, expired, relinquished, or revoked
status.
Background
For years, the CPA profession has
been experiencing workforce
shortages due to declining student
enrollment, the high cost of
education, turnover within the
profession, and more, making it
difficult to attract the next
generation of CPAs.
In response, the American Institute of
CPAs created the National Pipeline
Advisory Group to:
|.-Develop strategies to address the
talent shortage;
2.Promote the CPA career path;
3.Expand access to the profession;
4. Improve student experiences;
5.Reduce educational barriers; and
6.Collaborate with employers to
foster supportive cultures and
modern business models.
HB 2476 will establish these new
pathways to the CPA profession in
Arizona, and ensure that Arizona
CPAs remain competitive in the
national market.
QUESTIONS?
If there are any questions on
the above information,
contact:
Emily Webb
Director of Government Relations
Arizona Society of CPAs
ewebb@ascpa.com
DeMenna Public Affairs
ryanrodemenna.com
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2308: dental insurers; dental practice; prohibition
Sponsor: Representative Weninger, LD 13
Committee on Commerce
Overview
Prevents dental insurers and holding companies from having ownership interest in business
organizations that offer regulated professional services to the public.
History
The Arizona State Board of Dental Examiners (Board) is responsible for examining and
licensing individuals who provide dental services including dentists and dental therapists,
hygienists, assistants and business entities. Any business entity offering dental services is
required to register with the Board.
Statute mandates that business entities offering dental services provide a description of
services, name the dentists responsible for each office and identify all officers and directors.
Business entities are also required to establish patient protocols regarding the secure storage
and transfer of dental records. (A.R.S. § 32-1213).
Statute defines dental insurer as a: 1) dental service corporation; 2) prepaid dental plan or
health care services organization; or 3) group or blanket disability insurer that offers
evidence of coverage or policy covering dental services (A.R.S. § 20-126).
Provisions
1. Prohibits dental insurers or holding companies from having any ownership interest in a
business organization that offers to the public professional services regulated by the
Board. (Sec. 1)
2. Defines dental insurer and holding company. (Sec. 1)
_O Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) DO Fiscal Note
Initials PB HB 2308
1/30/2026 Page 1 Commerce
Attachment 15
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILLNO. HB 2308
DATE February 03, 2026 MOTION: DP
PASS AYE NAY PRESENT |} ABSENT
Aguilar VA
Blackman vA
Carter N WA
Cavero S
Connolly VA
Diaz S
Hendrix S
Villegas WA
Wilmeth S
Way, Vice-Chairman VA
Weninger, Chairman 4
& O ZS O
Lupha CS dg sy 50D
APPROVED: COMMITTEE SKERETARY
OWN jr
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT. le
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2118: mobile food vendors; licensure
Sponsor: Representative Carter N, LD 15
Committee on Commerce
Summary of the Strike-Everything Amendment to HB 2118
Overview
Prevents a municipality from requiring a mobile food vendor obtain a local regulatory permit
or license.
History
The Arizona Department of Health Services (DHS) is statutorily required to adopt rules that
govern the health and safety of mobile food vendors and mobile food units on a statewide
basis. The rules must establish: 1) licensing standards; 2) inspection standards that are
based on objective factors; and 3) a licensing process for mobile units. The licensing process
must delegate statewide licensing and health and safety inspection authority to the county
health department of the county where the mobile food vendor's commissary is located. A
mobile food unit license issued by a county health department has reciprocity in each county
(A.R.S. § 36-1761).
Statute authorizes municipalities, by ordinance or resolution, to: 1) prohibit or restrict a
mobile food vendor from operating at a public airport or public transit facility, in an area
zoned for residential use or within two hundred fifty feet of an area zoned for residential use;
and 2) continue to enact and enforce regulations and zoning codes on mobile food units or
mobile food vendors that are not otherwise prohibited by law.
Municipalities are prohibited from: 1) requiring a mobile food vendor, property owner or
lessee of a property to apply for and receive any special permit that is not required for other
temporary or mobile vending businesses in the same zoning district; 2) requiring a mobile
food vendor or mobile food unit to operate a specific distance from an existing commercial
establishment or restaurant; 3) restricting a mobile food vendor or mobile food unit from
using any legal parking space; and 4) requiring a mobile food unit to be inspected by a city or
town fire department before operation if the mobile food vendor provides evidence that the
mobile food unit passed a fire inspection by another city or town fire department in this state
within the preceding twelve months (A.R.S. § 9-485.01).
Provisions
1. Adds that a municipality is prohibited from requiring a mobile food vendor to obtain a
local regulatory permit or license. (Sec. 1)
O Prop 105 (45 votes) O Prop 108 (40 votes) O Emergency (40 votes) O Fiscal Note
Initials PB HB 2118
1/30/2026 Page 1 Commerce
Attachment_!T
Fifty-seventh Legislature Commerce
Second Regular Session H.B. 2118
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2118
(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.
LGREEN-STREKECUT-FT-BRACKETFS] indicates new text removed from statute
or previously enacted session law.
[Green—strrkeout—ir_trackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green—strikevut—ircarets>> indicates a section removed from the bill.
The bill as proposed to be amended is reprinted as follows:
<<Section 1. Section 9-485.01, Arizona Revised Statutes, is amended
to read:
9-485.01. Mobile food vendors: mobile food units; operation
A. In relation to a mobile food vendor or mobile food unit, a city
or town by ordinance or resolution may:
1. Prohibit or restrict a mobile food vendor from operating at a
public airport or public transit facility, in an area zoned ffor
9 residential use or within two hundred fifty feet of an area zoned for
10 residential use.
ON aOFP WN PFE
11 2. Continue to enact and enforce regulations and zoning codes on
12 mobile food units or mobile food vendors that are not otherwise prohibited
13 by law.
14 B. In relation to a mobile food vendor or mobile food unit, a city
15 or town may not:
16 1. Require a mobile food vendor, property owner or lessee of a
17 property to apply for and receive any special permit that is not required
18 for other temporary or mobile vending businesses in the same zoning
19 district.
20 2. Require a mobile food vendor or mobile food unit to operate a
21 specific distance from the perimeter of an _ existing commercial
22 establishment or restaurant, except as required by applicable building,
23 fire, street and sidewalk codes.
24 3. Prohibit or restrict a mobile food vendor or mobile food unit
25 from using any legal parking space, including metered parking, except to
26 restrict the number of spaces, vehicle size and parking duration and the
27 ability to occupy sites with insufficient parking capacity as prescribed
Vit draw!
Analysts Initials
attachment _(
House Amendments to H.B. 2118
AnNaTAHP WM FE
by a local zoning ordinance of the city or town or as otherwise prohibited
by federal law.
4, Require a mobile food unit to be inspected by a city or town
fire department before operation if the mobile food vendor provides
evidence that the mobile food unit passed a fire inspection by another
city or town fire department in this state within the preceding twelve
months.
[5. REQUIRE A MOBILE FOOD VENDOR TO OBTAIN A LOCAL REGULATORY
PERMIT OR LICENSE. ]
C. A city or town with a population of more than fifty thousand
persons shall make available all applicable license applications in an
electronic format that is available online and may not require a mobile
food vendor to apply in person.>>
Sec. 2. Sction 36-1761, Arizona Revised Statutes, is amended to
read:
36-1761. Mobile food vendors: mobile food units; rules;
health and safety licensing standards
A. The director shall adopt rules that do all of the following:
1. Establish health and safety licensing standards for mobile food
vendors and mobile food units that apply on a statewide basis. The
licensing standards shall:
(a) Include three categories of mobile food units that are based on
the type of food dispensed and the amount of handling and preparation
required.
(b) Include general physical and operation requirements of a mobile
food unit, including:
(i) Installation of compressors, generators and similar mechanical
units that are not an integral part of the food preparation or storage
equipment.
(ii) Necessary commissary or other servicing area agreements.
(iii) Vehicle and equipment cleaning requirements.
(iv) Waste disposal requirements during and after operation on
public or private property, which may not include the size or dimensions
of any required solid waste receptacle.
2. Establish statewide inspection standards that are based on
objective factors for use by the county health departments.
3. Establish a licensing process for mobile food units that does
all of the following:
(a) Requires a separate license for each mobile food unit.
(b) Requires a license to be renewed annually.
(c) Delegates to the county health department in the county where
the mobile food vendor's commissary is located the licensing and health
and safety inspection for state licensure using the statewide inspection
standards adopted pursuant to this section. The licensing process shall
require random inspections by county health departments at no additional
cost except as provided in section 11-269.24. A mobile food unit license
issued by a county health department pursuant to this section shall have
House Amendments to H.B. 2118
ONAN HPWNH FE
reciprocity in each county of this state. A county health department may
enforce the statewide inspection standards regardless of where the license
was issued.
(d) Requires all employees of a mobile food vendor to have a valid
food handler card or a certificate from an accredited food handler
training class as specified in rule by the department.
(e) Requires that the license be displayed in the mobile food
vendor's operating location in a conspicuous location for public view.
B. The rules adopted pursuant to this section may not do either of
the following:
1. Require a mobile food vendor or mobile food unit to operate a
specific distance from the perimeter of an _ existing commercial
establishment or restaurant.
2. Address the operating hours of a mobile food unit.
C. Except as otherwise specified in this chapter, the director may
adopt rules that are substantively the same as the regulations that are in
place on August 3, 2018 in Maricopa county regarding mobile _ food
establishments.
Bo thts sectron—toes—trot—prectude—a—_ tty, —_town—or—county—from
goul iita—peiel peal cela ‘ae ane : ;
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Enroll and engross to conform
Amend title to conform
NEAL CARTER
2118CARTER N.docx
02/02/2026
10:23 AM
C: MH
130TPGLWS
Fifty-seventh Legislature Commerce
Second Regular Session H.B. 2118
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2118
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 9-485.01, Arizona Revised Statutes, is amended
to read:
9-485.01. Mobile food vendors: mobile food units; operation
A. In relation to a mobile food vendor or mobile food unit, a city
or town by ordinance or resolution may:
1. Prohibit or restrict a mobile food vendor from operating at a
public airport or public transit facility, in an area zoned for
9 residential use or within two hundred fifty feet of an area zoned for
10 residential use.
ONOOHP WDM FE
dial 2. Continue to enact and enforce regulations and zoning codes on
12 mobile food units or mobile food vendors that are not otherwise prohibited
13 by law.
14 B. In relation to a mobile food vendor or mobile food unit, a city
15 or town may not:
16 1. Require a mobile food vendor, property owner or lessee of a
17 property to apply for and receive any special permit that is not required
18 for other temporary or mobile vending businesses in the same zoning
19 district.
20 2. Require a mobile food vendor or mobile food unit to operate a
21 specific distance from the perimeter of an _ existing commercial
22 establishment or restaurant, except as required by applicable building,
23 fire, street and sidewalk codes.
24 3. Prohibit or restrict a mobile food vendor or mobile food unit
25 from using any legal parking space, including metered parking, except to
26 restrict the number of spaces, vehicle size and parking duration and the
27 ability to occupy sites with insufficient parking capacity as prescribed
28 by a local zoning ordinance of the city or town or as otherwise prohibited
29 by federal law.
30 4. Require a mobile food unit to be inspected by a city or town
31 fire department before operation if the mobile food vendor provides
32 evidence that the mobile food unit passed a fire inspection by another
33 city or town fire department in this state within the preceding twelve
34 months.
35 5. REQUIRE A MOBILE FOOD VENDOR TO OBTAIN A LOCAL REGULATORY PERMIT
36 OR LICENSE.
Attachment _[@
House Amendments to H.B. 2118
C. A city or town with a population of more than fifty thousand
persons shall make available all applicable license applications in an
electronic format that is available online and may not require a mobile
food vendor to apply in person,"
Amend title to conform
nm Wh Re
NEAL CARTER
Z2118CARTER N SE.docx
01/29/2026
04:48 PM
C; MH
130PWTLKP
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2118
DATE February 03, 2026 MOTION: PA:
PASS AYE NAY PRESENT | ABSENT
Aguilar
Blackman
Carter N
\/
Cavero S
v
WA
AIK
Connolly
Diaz
Hendrix
Villegas
Wilmeth
Way, Vice-Chairman
Weninger, Chairman
SSKK) KN
y [| o lo
APPROVED: a 7 i Nemee SECRETARY
VAiMa
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2309: earned wage access; providers; license
Sponsor: Representative Weninger, LD 13
Committee on Commerce
Overview
Prescribes requirements for earned wage access services providers (providers), including
licensure with the Department of Insurance and Financial Institutions (DIFI).
History
DIFI is responsible for regulating the insurance industry, financial institutions, financial
service professionals and business entities. DIFI registers and certifies state-chartered banks
and credit unions and licenses financial and insurance professionals, including collection
agencies, mortgage brokers, loan originators, premium finance companies and sales finance
companies. DIFI conducts examinations on licensees and businesses and investigates fraud,
deceptive practices, unprofessional conduct, claim delays and unfair claim settlement
practices (Title 6, A.R.S.).
Provisions
Provider Licensure
1. Prohibits a provider, beginning January 1, 2027, located any state, from providing earned
wage access services in Arizona unless they have been issued a license by DIFI. (Sec. 3)
2. Requires providers required to be licensed (licensees) to apply for a license on a form and
in a manner as prescribed by DIFI. (Sec. 3)
38. Delineates the information that must be included in the application for a provider license.
(Sec. 3)
4, Requires licensees to update the information provided in their license application within
15 business days after any material change in that information. (Sec. 3)
5. Requires each licensee to register with and maintain a valid unique identifier issued by
the nationwide mortgage licensing system and registry. (Sec. 3)
6. Requires licensees to file with DIFI and maintain in force a surety bond that meets
specified requirements. (Sec. 3)
7. Authorizes a person that claims against a licensee's bond for a violation of the licensure
requirements to maintain an action at law against the provider. (Sec. 3)
8. Limits the surety liability to actual damages which cannot exceed the amount of the bond.
(Sec. 3)
D Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note
Initials PB HB 2309
1/29/2026 Page 1 Commerce
‘|
Attachment A
10.
11,
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
Provides procedures and requirements for DIFI in issuing or denying a license, including
conducting an investigation of the applicant and specified parties relating to the
applicant. (Sec. 3)
Asserts the provider's license remains in force and effect until DIFI suspends or revokes
the license or the provider surrenders the license. (Sec. 3)
Requires a licensee to apply for license renewal by December 31 of each year and subjects
the applicant to a $25 late fee for each day the renewal application is not received by
DIFT. Gee. 3)
Prohibits a licensee from acting as a provider until the license is renewed or a new license
is issued. (Sec. 3)
Stipulates a provider license automatically expires if DIFI does not receive a renewal
application by January 31. (Sec. 3)
Prohibits the holder of an expired license from being issued a renewal license. (Sec. 3)
Allows the holder of an expired license to be issued a new license. (Sec. 3)
Allows applicants to appeal a denial of a license application in accordance with the
statutory administrative hearing procedures. (Sec. 3)
Directs providers to conspicuously post the license at its physical place of business, on the
provider's website and on any official consumer-facing document, agreement or
correspondence. (Sec. 3)
Provides Requirements
Delineates the required policies and procedures to be developed by licensees relating to
consumer queries, agreements, fee disclosures, protections, and payments made to
consumers. (Sec. 3)
Outlines licensee prohibitions relating to fees and gratuities, credit reporting, charging a
late fee, compelling payment, and advertising. (Sec. 3)
Specifies the restrictions relating to compelling payment does not apply to a provider that
is:
a. seeking payment of any outstanding amount or fee that was incurred by a consumer
through fraud or other unlawful means that the provider, using reasonably good-faith
efforts to determine, reasonably believes are the result of the consumer's conduct; or
b. suing an employer for the employer's breach of the employer's contract with the
provider. (Sec. 3)
Authorizes a licensee to solicit or receive tips, gratuities or other donations once per
transaction and with confirmation of the final transaction on the completion screen. (Sec.
3)
Authorizes a licensee to use the mailing address provided by a consumer to verify the
consumer's state of residence. (Sec. 3)
Applicability
Specifies earned wage access services offered and provided by a licensee in compliance
with statutory requirements are not considered:
a. a violation of or noncompliance with statutes governing a sale, assignment or order
for earned but unpaid income or other wages;
Initials PB HB 2309
1/29/2026 Page 2 Commerce
b. a loan or other form of credit or debt; or
c. money transmissions. (Sec. 3)
24. Adds that fees paid to a licensee in accordance with earned wage access services
requirements are not considered interest or finance charges and that the earned wage
access services requirements control if there is a conflict with any other statute. (Sec. 3)
25. Specifies a voluntary tip, gratuity or other donation paid by a consumer to a licensee in
accordance with the earned wage access services requirements is not considered a finance
charge under state law. (Sec. 3)
26. Specifies collection agencies statutes do not apply to proceeds a provider provides to a
consumer in accordance with the earned wage access services requirements. (Sec. 3)
27. Excludes, from consumer lender statutes and money transmitter statutes, licensees and
earned wage access services transactions. (Sec. 1, 2,)
Reporting Requirements
28. Instructs licensees, by July 1 of each year, to submit an annual report to DIFI that
includes outlined information related to earned wage access services. (Sec. 3)
29. Authorizes DIFI to extend the deadline for good cause. (Sec. 3)
30. Allows DIFI to take disciplinary action against a provider for failure to submit a timely
annual report. (Sec. 3)
31. Requires licensees to keep such books and records that will enable DIFI to determine
compliance with the earned wage access services requirements for at least five years. (Sec.
3)
Miscellaneous
32. Provides the conditions for denial of a license renewal or license suspension or revocation.
(Sec. 3)
33. Allows licensees to appeal a denial of a renewal application or suspension or revocation
in accordance with the statutory administrative hearing procedures. (Sec. 3)
34. Provides restrictions relating to mergers and acquisition of control. (Sec. 3)
35. Declares failure to comply with earned wage access services requirements is an unlawful
practice under the Consumer Fraud statutes and subject to investigation and appropriate
action by the Attorney General. (Sec. 3)
36. Authorizes DIFI to adopt rules to implement earned wage access services requirements.
(Sec. 3)
37. Defines pertinent terms. (Sec. 3)
38. Makes clarifying changes. (Sec.2)
Initials PB HB 2309
1/29/2026 Page 3 Commerce
Fifty-seventh Legislature Commerce
Second Regular Session H.B. 2309
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2309
(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.
LGREEN-STRIKECUTF-BRACKEFS ] indicates new text removed from statute
or previously enacted session law.
(Green—str7kevut—rtrackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Greerstrtrkevut—ir-carets>> indicates a section removed from the bill.
1 The bill as proposed to be amended is reprinted as follows:
2 <<Section 1. Section 6-601, Arizona Revised Statutes, is amended to
3 read:
4 6-601. Definitions
5 In this chapter, unless the context otherwise requires:
6 1. “Actuarial method" means the method of allocating each payment
7 between finance charges and principal pursuant to which the payment is
8 applied first to finance charges computed on the unpaid balance of
9 principal for the time the balance is outstanding, and the remainder of
10 the payment is subtracted from the unpaid principal amount.
11 2. "Amount financed" means the amount of credit extended to a
12 consumer on a consumer loan determined in accordance with the truth in
13 lending act.
14 3. “Annual percentage rate" means the measure of the cost of
15 credit, expressed as a yearly rate, that relates the amount and timing of
16 value received by the consumer to the amount and timing of payments made,
17 determined in accordance with the truth in lending act.
18 4. "Consumer" means an individual who obtains a consumer lender
19 loan for personal, family or household purposes.
20 5. "Consumer lender" means[:
21 (a)] A person that advertises to make or procure, solicits or holds
22 itself out to make or procure, or makes or procures consumer lender loans
23 to consumers in this state.
24 [(b) A PERSON THAT DELIVERS EARNED WAGE ACCESS SERVICES, AS DEFINED
25 IN SECTION 6-1801, AND THAT REPORTS A CONSUMER’S PAYMENT OR NONPAYMENT OF
26 ANY OUTSTANDING PROCEEDS, FEES, VOLUNTARY GRATUITIES OR OTHER VOLUNTARY
27 DONATIONS THAT ARE DIRECTLY ATTRIBUTABLE TO EARNED WAGE ACCESS SERVICES TO
28 A CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON CONSUMERS
29 ON A NATIONWIDE BASIS AS DEFINED IN THE FAIR CREDIT REPORTING ACT (P.L.
30 90-321; 84 STAT. 1128; 15 UNITED STATES CODE SECTION 1681a(p)).]
Adopted \4 # of Verbals
Failed Withdrawn
Not Offered Analysts Initials
Attachment 2 Z
House Amendments to H.B. 2309
ON OOP WMH
6. “Consumer lender loans" means consumer loans, consumer revolving
loans and home equity revolving loans.
7. “Consumer loan” means the direct closed end joan of money,
whether unsecured or secured by personal or real property, in an amount of
$160,000 or less that is subject to a finance charge in which only the
principal amount of the loan is considered, and not any finance charges or
other fees alillowed pursuant to section 6-635, for the purpose of
determining whether the consumer loan is $10,000 or less.
8. "Consumer loan rate” means the periodic rate of finance charges
that applies to the outstanding principal balance of a consumer loan and
that remains unpaid. Consumer joan rate does not include any prepaid
finance charges pursuant to section 6-632, subsection E or any fees
pursuant to section 6-635.
9. “Consumer revolving loan” means an open end revolving loan that
is established pursuant to an agreement with an agreed on credit limit
that does not exceed $10,000, that the consumer may pay in full at any
time but has the privilege of paying in installments and that contemplates
or provides that advances may be obtained from time to time by the
consumer, through checks, drafts, items, credit access devices, orders for
the payment of money, evidences of debt or similar means, whether or not
negotiable.
10. “Educational Toan” means any loan or other aid or assistance
for the purpose of furthering the education of a consumer or a relative of
a consumer at an accredited or approved university, college, community
college, junior college, technical, vocational or professional school, or
similar institution.
li. “Finance charge" means the amount payable by a consumer
incident to or as a condition of the extension of a consumer tender loan
but does not include other fees allowed pursuant to section 6-635.
12, “Home equity revolving loan" means an open end revolving loan
that is made pursuant to an agreement with an agreed on credit limit that
is not more than $10,000, that is secured by the consumer's principal
residence and that provides that advances may be obtained from time to
time by the consumer through checks, drafts, items, credit access devices,
orders for the payment of money, evidences of debt or similar means,
whether or not negotiable.
13. “License” means a license issued under the authority of this
chapter to make consumer Tender loans in accordance with this chapter.
14, “Licensee” means a person licensed pursuant to this chapter.
15. "“Precomputed consumer loan" means a consumer joan that is
payable in substantially equal, consecutive monthly instaliments that are
applied to the unpaid balance of the principal and precomputed finance
charges combined, subject to provisions for refund or credit in the event
of prepayment and for deferral or default charges in the event of deferral
or default.
16. “Regularly engaged in the business" means either:
(a) Advertising to or any other solicitation of a resident of this
state that offers a consumer loan and that occurs within this state.
House Amendments to H.B. 2309
(b) Making three or more consumer loans within a calendar year to
residents of this state.
17. “Truth in lending act" means title I of the consumer credit
protection act (15 United States Code sections 1601 through 1666j), as
amended, and the regulations promulgated under that act (12 Code of
Federal Regulations part 226), as amended. >>
Sec. 2. Section 6-602, Arizona Revised Statutes, is amended to
read:
6-602. Exemptions
A. This chapter does not apply to:
1. A person who does business under any other law of this state, or
any other state while regulated by a state agency of that other state, or
of the United States, relating to banks, savings banks, trust companies,
savings and loan associations, profit sharing and pension trusts, credit
unions, insurance companies or receiverships if the consumer lender loan
transactions are regulated by the other law or are under the jurisdiction
of a court.
2. A person who is licensed as a pawnbroker pursuant to title 44,
chapter 11, article 3 to the extent that the person's activities are
governed by that article.
3. A person who is not regularly engaged in the business of making
consumer lender loans.
4. A person who is licensed pursuant to chapter 9 of this title to
the extent that the person's activities are governed by that chapter.
5. A PERSON WHO IS LICENSED AS AN EARNED WAGE ACCESS PROVIDER
PURSUANT TO CHAPTER 18 OF THIS TITLE.
B. The requirements of this chapter do not apply to:
1. Closed end loans of more than $10,000.
2. Advances on open end revolving loans that are not secured by the
consumer's principal residence with an agreed on credit limit of more than
$10,000, regardless of the amount of any advances on these revolving
loans.
3. Advances on open end revolving loans that are secured by the
consumer's principal residence with an agreed on credit limit of more than
$10,000, regardless of the amount of any advances on these revolving
loans.
4. Consumer lender loans that are lawfully made to nonresidents of
the state in any other state under and in accordance with a regulatory
consumer lender law similar in principle to this chapter.
5. Educational loans that are either:
(a) Made, insured or guaranteed pursuant to a program authorized by
the United States, this state or any other state.
(b) Made by a nonprofit organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code to students who
attend postsecondary educational institutions in this state.
6. EARNED WAGE ACCESS SERVICE TRANSACTIONS AND RELATED PAYMENTS
REGULATED PURSUANT TO CHAPTER 18 OF THIS TITLE.
House Amendments to H.B. 2309
Ona nf WDM FE
C. A consumer loan made pursuant to a consumer lender license is
not a secondary motor vehicle finance transaction as defined in section
44-281.
Sec. 3. Section 6-1202, Arizona Revised Statutes, is amended to
read:
6-1202. Exemptions
A. This article does not apply to any of the following:
1. An operator of a payment system that provides processing,
clearing or settlement services between or among persons exempted by this
section or licensees in connection with wire transfers, credit card
transactions, debit card transactions, stored value’ transactions,
automated clearinghouse transfers, EARNED WAGE ACCESS SERVICE TRANSACTIONS
REGULATED PURSUANT TO CHAPTER 18 OF THIS TITLE or similar transfers of
money.
2. A person WHO IS appointed as an agent of a payee to collect and
process a payment from a payor to the payee for goods or services, other
than money transmission, provided to the payor by the payee, if all of the
following apply:
(a) A written agreement exists between the payee and the agent
directing the agent to collect and process payments from payors on the
payee's behalf.
(b) The payee holds the agent out to the public as accepting
payments for goods or services on the payee's behalf.
(c) Payment for the goods and services is treated as received by
the payee on receipt by the agent so that the payor's obligation is
extinguished and there is no risk of loss to the payor if the agent fails
to remit the money to the payee.
3. A person that acts as an intermediary by processing payments
between an entity that has directly incurred an outstanding money
transmission obligation to a sender and the sender's designated recipient,
if the entity meets all of the following criteria:
(a) Is properly licensed or exempt from the licensing requirements
under this article.
(b) Provides a receipt, electronic record or other’ written
confirmation to the sender identifying the entity as the provider of money
transmission in the transaction.
(c) Bears sole responsibility to satisfy the outstanding money
transmission obligation to the sender, including the obligation to make
the sender whole in connection with any failure to transmit the money to
the sender's designated recipient.
4. The United States or a department, an agency or_= an
instrumentality of the United States or its agent.
5. Money transmission by the United States postal service or by an
agent of the United States postal service.
6. A state, county, city or town or any other governmental agency
or governmental subdivision or instrumentality of a state or its agent.
7. A federally insured depository financial institution, A_ bank
holding company, AN office of an international banking corporation, A
-4-
House Amendments to H.B. 2309
ONO OHP WM FE
foreign bank that establishes a federal branch pursuant to 12 United
States Code section 3102, a corporation organized as a bank service
company pursuant to 12 United States Code sections 1861 through 1867 or a
corporation organized pursuant to 12 United States Code sections 611
through 633.
8. AN electronic funds transfer of governmental benefits for a
federal, state, county or governmental agency by a contractor on behalf of
the United States or a department, agency or instrumentality of the United
States or on behalf of a state or governmental subdivision, agency or
instrumentality of a state.
9. A board of trade THAT IS designated as a contract market under
the commodity exchange act (7 United States Code sections 1 through 26
27f) or a person that, in the ordinary course of business, provides
clearance and settlement services for a board of trade to the extent of
its operation as or for the board of trade.
10. A registered futures commission merchant under the federal
commodities laws to the extent of its operation as a merchant.
11. A person WHO IS registered as a securities broker or dealer
under federal or state securities laws to the extent of the person's
operation.
12. An individual THAT IS employed by a licensee, an authorized
delegate or any person exempt from the licensing requirements of this
article when acting within the scope of employment and under the
supervision of the licensee, authorized delegate or exempt person as an
employee and not as an independent contractor.
13. A person THAT IS expressly appointed as a third-party service
provider to or agent of an entity exempt under paragraph 7 of this
subsection solely to the extent that both:
(a) The service provider or agent is engaging in money transmission
on behalf of and pursuant to a written agreement with the exempt entity
that sets forth the specific functions that the service provider or agent
is to perform.
(b) The exempt entity assumes all risk of loss and all legal
responsibility for satisfying the outstanding money’ transmission
obligations owed to purchasers and holders of the outstanding money
transmission obligations on receipt of the purchaser's or holder's money
or monetary value by the service provider or agent.
14. A person THAT IS exempt by regulation or order if the director
finds such exemption to be in the public interest and that regulating the
person is not necessary for the purposes of this article.
B. The director may require that any person claiming to be exempt
from licensing pursuant to this section provide information § and
documentation to the director demonstrating that the person qualifies for
any claimed exemption.
Sec. 4. Title 6, Arizona Revised Statutes, is amended by adding
chapter 18, to read:
CHAPTER 18
EARNED WAGE ACCESS
-5-
House Amendments to H.B. 2309
OANA AHWNH FE
ARTICLE 1. GENERAL PROVISIONS
6-1801. Definitions
IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. “BUSINESS ENTITY" MEANS ANY CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION OR OTHER COMMERCIAL ENTITY.
2. "CONSUMER" MEANS AN INDIVIDUAL WHO RESIDES IN THIS STATE.
3. "CONSUMER-DIRECTED WAGE ACCESS SERVICES" MEANS DELIVERING TO
CONSUMERS ACCESS TO EARNED BUT UNPAID INCOME THAT IS BASED ON THE
CONSUMER'S REPRESENTATIONS AND THE PROVIDER'S REASONABLE DETERMINATION OF
THE CONSUMER'S EARNED BUT UNPAID INCOME.
4. “EARNED BUT UNPAID INCOME" MEANS SALARY, WAGES, COMPENSATION OR
OTHER INCOME THAT A CONSUMER OR AN EMPLOYER HAS REPRESENTED AND THAT A
PROVIDER HAS REASONABLY DETERMINED HAS BEEN EARNED OR ACCRUED TO THE
BENEFIT OF THE CONSUMER IN EXCHANGE FOR THE CONSUMER'S SERVICES TO THE
EMPLOYER OR ON BEHALF OF THE EMPLOYER, INCLUDING:
(a) ON AN HOURLY, PROJECT-BASED, PIECEWORK OR OTHER BASIS.
(b) CIRCUMSTANCES IN WHICH THE CONSUMER IS ACTING AS AN INDEPENDENT
CONTRACTOR OF THE EMPLOYER, BUT HAS NOT, AT THE TIME OF THE PAYMENT OF
PROCEEDS, BEEN PAID TO THE CONSUMER BY THE EMPLOYER.
5. “EARNED WAGE ACCESS SERVICES" MEANS PROVIDING CONSUMER-DIRECTED
WAGE ACCESS SERVICES OR EMPLOYER-INTEGRATED WAGE ACCESS SERVICES, OR BOTH.
6. "EMPLOYER":
(a) MEANS A PERSON THAT EMPLOYS A CONSUMER OR ANY OTHER PERSON THAT
IS CONTRACTUALLY OBLIGATED TO PAY A CONSUMER EARNED BUT UNPAID INCOME IN
EXCHANGE FOR THE CONSUMER'S PROVISION OF SERVICES TO THE PERSON OR ON
BEHALF OF THE PERSON, INCLUDING:
(i) ON AN HOURLY, PROJECT-BASED, PIECEWORK OR OTHER BASIS.
(ii) CIRCUMSTANCES IN WHICH THE CONSUMER IS ACTING AS AN
INDEPENDENT CONTRACTOR.
(b) DOES NOT INCLUDE:
(i) A CUSTOMER OF THE PERSON.
(ii) ANY OTHER PERSON WHOSE OBLIGATION TO MAKE A PAYMENT OF SALARY,
WAGES, COMPENSATION OR OTHER INCOME TO A CONSUMER IS NOT BASED ON THE
PROVISION OF SERVICES BY THAT CONSUMER FOR OR ON BEHALF OF THE PERSON.
7. “EMPLOYER-INTEGRATED WAGE ACCESS SERVICES" MEANS DELIVERING TO
CONSUMERS ACCESS TO EARNED BUT UNPAID INCOME THAT IS BASED ON EMPLOYMENT,
INCOME OR ATTENDANCE DATA OBTAINED DIRECTLY OR INDIRECTLY FROM AN
EMPLOYER.
Se OPER":
(a) MEANS A FEE THAT IS IMPOSED BY A PROVIDER FOR DELIVERY OR
EXPEDITED DELIVERY OF PROCEEDS TO A CONSUMER OR A _ SUBSCRIPTION OR
MEMBERSHIP FEE THAT IS IMPOSED BY A PROVIDER FOR A BONA FIDE GROUP OF
SERVICES THAT INCLUDES EARNED WAGE ACCESS SERVICES.
(b) DOES NOT INCLUDE:
(1) VOLUNTARY TIPS.
(ii) GRATUITIES.
(iii) OTHER DONATIONS.
House Amendments to H.B. 2309
ay
SOMO ON ODOR WD
FRPP HPHSPPWWWWWWWWWWNHNDNNDNANDNYNNNDRPRRP PREP REE
“NMDA WNHRFOHDNANPWNHEFDODNAABRWNHHEOWANOaABRWHH
9. “LICENSEE” MEANS A BUSINESS ENTITY THAT IS LICENSED BY THE
DEPARTMENT UNDER SECTION 6-1802 AS A PROVIDER.
10. “NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY" MEANS A
MORTGAGE LICENSING SYSTEM DEVELOPED AND MAINTAINED BY A CONFERENCE OF
STATE BANK SUPERVISORS AND AN AMERICAN ASSOCIATION OF RESIDENTIAL MORTGAGE
REGULATIONS FOR THE STATE LICENSING AND REGISTRATION OF LICENSED LOAN
ORIGINATORS AND REGISTERED LOAN ORIGINATORS OR SUCH A SYSTEM ESTABLISHED
BY THE DIRECTOR OF THE UNITED STATES BUREAU OF CONSUMER FINANCIAL
PROTECTION.
11. "OUTSTANDING PROCEEDS" MEANS PROCEEDS THAT WERE REMITTED TO A
CONSUMER BY A PROVIDER AND HAVE NOT YET BEEN REPAID TO THAT PROVIDER.
12. "PROCEEDS" MEANS A PAYMENT IN UNITED STATES DOLLARS TO A
CONSUMER BY A PROVIDER THAT IS BASED ON EARNED BUT UNPAID INCOME.
13. “PROVIDER:
(a) MEANS A BUSINESS ENTITY THAT PROVIDES EARNED WAGE ACCESS
SERVICES TO CONSUMERS.
(b) DOES NOT INCLUDE:
(i) A SERVICE PROVIDER, SUCH AS A PAYROLL SERVICE PROVIDER, WHOSE
ROLE MAY INCLUDE VERIFYING THE AVAILABLE EARNINGS BUT THAT IS NOT
CONTRACTUALLY OBLIGATED TO FUND PROCEEDS DELIVERED AS PART OF AN EARNED
WAGE ACCESS SERVICE.
(ii) AN EMPLOYER THAT OFFERS A PORTION OF SALARY, WAGES OR
COMPENSATION DIRECTLY TO ITS EMPLOYEES OR INDEPENDENT CONTRACTORS BEFORE
THE NORMALLY SCHEDULED PAY DATE.
(iii) A BUSINESS ENTITY THAT OFFERS OR PROVIDES EARNED WAGE ACCESS
SERVICES AND THAT REPORTS A CONSUMER'S PAYMENT OR NONPAYMENT OF ANY
OUTSTANDING PROCEEDS, FEES, VOLUNTARY GRATUITIES OR OTHER VOLUNTARY
DONATIONS THAT ARE ATTRIBUTABLE TO EARNED WAGE ACCESS SERVICES TO A
CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON CONSUMERS
ON A NATIONWIDE BASIS AS DEFINED IN THE FAIR CREDIT REPORTING ACT
(P.L. 90-321; 84 STAT. 1128; 15 UNITED STATES CODE SECTION 1681a(p)).
6-1802. License; application; fees; bond; definitions
A. BEGINNING JANUARY 1, 2027, A PROVIDER, WHETHER LOCATED IN THIS
STATE OR IN ANOTHER STATE, MAY NOT PROVIDE EARNED WAGE ACCESS SERVICES IN
THIS STATE UNLESS THE PROVIDER HAS BEEN ISSUED A LICENSE BY THE
DEPARTMENT.
B. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER THIS SECTION
SHALL APPLY FOR A LICENSE ON A FORM AND IN A MANNER AS PRESCRIBED BY THE
DEPARTMENT. THE APPLICATION SHALL INCLUDE ALL OF THE FOLLOWING
INFORMATION:
1. THE NAME OF THE PROVIDER.
2. THE NAME UNDER WHICH THE PROVIDER TRANSACTS BUSINESS, IF
DIFFERENT FROM PARAGRAPH 1 OF THIS SUBSECTION.
3. THE ADDRESS OF THE PROVIDER'S PRINCIPAL OFFICE, WHICH MAY BE
OUTSIDE OF THIS STATE.
4. THE ADDRESSES OF ALL OF THE PROVIDER'S OFFICES OR RETAIL STORES,
IF ANY, LOCATED IN THIS STATE.
House Amendments to H.B. 2309
OANA AHR WNH FE
5. IF THE PROVIDER PROVIDES EARNED WAGE ACCESS SERVICES AT A
LOCATION THAT IS NOT AN OFFICE OR RETAIL STORE IN THIS STATE, A
DESCRIPTION OF THE MANNER IN WHICH THE PROVIDER PROVIDES EARNED WAGE
ACCESS SERVICES AND THE PROVIDER'S WEBSITE UNIFORM RESOURCE LOCATOR.
6. THE ADDRESS OF THE PROVIDER'S DESIGNATED AGENT ON WHOM SERVICE
OF PROCESS MAY BE MADE IN THIS STATE.
7. THE PROVIDER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER.
8. A FEE SCHEDULE THAT INCLUDES A COMPLETE DESCRIPTION OF ALL THE
FEES THAT THE PROVIDER CHARGES OR MAY CHARGE TO PROVIDE ACCESS TO EARNED
WAGES.
9. DOCUMENTATION OR OTHER INFORMATION THAT DEMONSTRATES’ THE
CHARACTER, GENERAL FITNESS AND FINANCIAL RESPONSIBILITY OF THE FOLLOWING,
AS APPLICABLE:
(a) THE APPLICANT.
(b) THE APPLICANT'S PARTNERS IF THE PROVIDER IS A PARTNERSHIP.
(c) THE APPLICANT'S MANAGERS AND MEMBERS IF THE PROVIDER IS A
LIMITED LIABILITY COMPANY OR ASSOCIATION.
(d) THE APPLICANT'S OFFICERS AND DIRECTORS IF THE PROVIDER IS A
CORPORATION.
10. ANY OTHER INFORMATION THE DEPARTMENT REQUIRES TO ADMINISTER
THIS CHAPTER.
C. IN ADDITION TO THE APPLICATION UNDER SUBSECTION B OF THIS
SECTION, EACH LICENSEE SHALL REGISTER WITH AND MAINTAIN A VALID UNIQUE
IDENTIFIER ISSUED BY THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND
REGISTRY.
D. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER THIS SECTION
SHALL UPDATE ANY INFORMATION PROVIDED IN ITS LICENSE APPLICATION WITHIN
FIFTEEN BUSINESS DAYS AFTER ANY MATERIAL CHANGE IN THAT INFORMATION.
E. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER THIS SECTION
SHALL FILE WITH THE DEPARTMENT AND MAINTAIN IN FORCE A SURETY BOND THAT IS
ISSUED BY A SURETY COMPANY THAT IS ADMITTED TO DO BUSINESS IN THIS STATE
AND THAT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
1. IS IN AN AMOUNT EQUAL TO $50,000.
2. IS IN FAVOR OF THIS STATE FOR THE BENEFIT OF ANY PERSON THAT IS
DAMAGED BY A VIOLATION OF THIS CHAPTER.
3. IS IN FAVOR OF ANY PERSON THAT IS DAMAGED BY A VIOLATION OF THIS
CHAPTER.
F. A PERSON THAT CLAIMS AGAINST A BOND DESCRIBED UNDER SUBSECTION E
OF THIS SECTION FOR A VIOLATION OF THIS CHAPTER MAY MAINTAIN AN ACTION AT
LAW AGAINST THE PROVIDER THAT OBTAINED THE SURETY THAT ISSUED THE
BOND. THE SURETY IS LIABLE ONLY FOR ACTUAL DAMAGES AND NOT FOR PUNITIVE
DAMAGES. THE AGGREGATE LIABILITY OF THE SURETY TO ALL PERSONS DAMAGED BY
A PROVIDER'S VIOLATION OF THIS CHAPTER DOES NOT EXCEED THE AMOUNT OF THE
BOND.
G. ONCE THE APPLICANT SUBMITS AN APPLICATION, THE DEPARTMENT SHALL
CONDUCT A CHARACTER AND GENERAL FITNESS AND FINANCIAL RESPONSIBILITY
INVESTIGATION OF THE FOLLOWING:
1. THE APPLICANT.
House Amendments to H.B. 2309
ODN A TNFR WDM EHE
PHRSHPPAR HR ARWWWWWWWWWWNYNYNYDNNDANDNNNHEPRPHRP EEE EEE ED
ANDAR WNHEFDODNAMRBWNHHFOWVDIUAMUMRWNHEOKWCDNAHGBWNHYHEOHO
2. THE APPLICANT'S PARTNERS IF THE PROVIDER IS A PARTNERSHIP.
3. THE APPLICANT'S MANAGERS AND MEMBERS IF THE PROVIDER IS A
LIMITED LIABILITY COMPANY OR ASSOCIATION.
4. THE APPLICANT'S OFFICERS AND DIRECTORS IF THE PROVIDER IS A
CORPORATION.
H. IF THE INVESTIGATION PURSUANT TO SUBSECTION G OF THIS SECTION
FINDS RELEVANT FACTS THAT WARRANT THE BELIEF THAT THE APPLICANT'S BUSINESS
WILL BE OPERATED IN COMPLIANCE WITH THIS CHAPTER, THE DEPARTMENT SHALL
ISSUE A LICENSE AND, IF NOT, THE DEPARTMENT SHALL DENY THE APPLICATION FOR
A LICENSE.
I. THE DEPARTMENT MAY NOT ISSUE A LICENSE TO AN APPLICANT IF ANY OF
THE FOLLOWING APPLIES:
1. THE APPLICANT FAILS TO PROVIDE ANY INFORMATION REQUIRED UNDER
SUBSECTION B OF THIS SECTION.
2. THE DEPARTMENT OF REVENUE CERTIFIES THAT THE APPLICANT IS LIABLE
FOR DELINQUENT TAXES AS PRESCRIBED IN SECTION 42-1103.
J. THE PROVIDER'S LICENSE REMAINS IN FORCE AND EFFECT UNTIL THE
DEPARTMENT SUSPENDS OR REVOKES THE LICENSE IN ACCORDANCE WITH THIS CHAPTER
OR THE PROVIDER SURRENDERS THE LICENSE. A LICENSEE SHALL APPLY FOR
RENEWAL AS PRESCRIBED BY THE DIRECTOR OF THE DEPARTMENT NOT LATER THAN
DECEMBER 31 OF EACH YEAR. FOR EACH DAY AFTER DECEMBER 31 THAT THE RENEWAL
APPLICATION IS NOT RECEIVED BY THE DIRECTOR OF THE DEPARTMENT, THE
APPLICANT SHALL PAY A $25 LATE FEE. IF THE DIRECTOR OF THE DEPARTMENT
DOES NOT RECEIVE THE LICENSEE'S RENEWAL APPLICATION ON OR BEFORE DECEMBER
31, THE LICENSEE MAY NOT ACT AS AN EARNED WAGE ACCESS SERVICES PROVIDER
UNTIL THE LICENSE IS RENEWED OR A NEW LICENSE IS ISSUED PURSUANT TO THIS
ARTICLE. IF THE DIRECTOR OF THE DEPARTMENT DOES NOT RECEIVE THE
LICENSEE'S RENEWAL APPLICATION ON OR BEFORE JANUARY 31, THE LICENSE
AUTOMATICALLY EXPIRES. THE HOLDER OF AN EXPIRED LICENSE MAY NOT BE ISSUED
A RENEWAL LICENSE BUT MAY BE ISSUED A NEW LICENSE AS PROVIDED IN THIS
ARTICLE.
K. A PROVIDER SHALL CONSPICUOUSLY POST ITS LICENSE AT ITS PHYSICAL
PLACE OF BUSINESS, ON THE PROVIDER'S WEBSITE AND ON ANY OFFICIAL
CONSUMER-FACING DOCUMENT, AGREEMENT OR CORRESPONDENCE.
L. AN APPLICANT MAY APPEAL A DENIAL OF AN APPLICATION PURSUANT TO
TITLE 41, CHAPTER 6, ARTICLE 10.
CM. UNTIL THE DEPARTMENT HAS __ PROCESSED _ THAT __ APPLICANT’ S
APPLICATION, AN APPLICANT WHO, AS OF JANUARY 1, 2026, WAS ENGAGED IN THE
I D E ul
TINUE ENGAGE IN THE BUSINE E D
ACCE ERVICES IN THIS STATE IF THE PER HA BMITTED AN APPLICATI
WITHIN SIX MONTHS AFTER THE DEPARTMENT PRESCRIBES THE FORM AND CONTENT OF
THE APPLICATION AND IS OTHERWISE IN COMPLIANCE WITH THIS SECTION.)
(tt~] (N.] FOR THE PURPOSES OF THIS SECTION:
1. "APPLICANT" MEANS A PROVIDER THAT HAS SUBMITTED AN APPLICATION
FOR A LICENSE UNDER SUBSECTION B OF THIS SECTION.
2. "DIRECTOR" MEANS A MEMBER OF THE APPLICANT'S OR LICENSEE'S BOARD
OF DIRECTORS.
House Amendments to H.B. 2309
OANA AHP WNH FE
3. "MEMBER", EXCEPT UNDER PARAGRAPH 2 OF THIS SUBSECTION, MEANS A
PERSON WHO EITHER:
(a) HAS THE RIGHT TO RECEIVE ON DISSOLUTION.
(b) HAS CONTRIBUTED TEN PERCENT OR MORE OF THE CAPITAL CONTRIBUTION
OF AN APPLICANT OR LICENSEE THAT IS ORGANIZED AS A LIMITED LIABILITY
COMPANY OR ASSOCIATION OR IS OTHERWISE ENTITLED TO RECEIVE TEN PERCENT OR
MORE OF THE RIGHTS AND BENEFITS OF THE MEMBERSHIP INTEREST OWNERSHIP IN
THE LIMITED LIABILITY COMPANY OR ASSOCIATION.
4. “OFFICER”:
(a) MEANS A PERSON WHO PARTICIPATES OR HAS AUTHORITY TO
PARTICIPATE, OTHER THAN IN THE CAPACITY OF A_ DIRECTOR, IN MAJOR
POLICYMAKING FUNCTIONS OF AN APPLICANT OR LICENSEE, WHETHER OR NOT THE
PERSON HAS AN OFFICIAL TITLE.
(b) INCLUDES THE CHIEF EXECUTIVE OFFICER, CHIEF FINANCIAL OFFICER,
CHIEF OPERATIONS OFFICER, CHIEF LEGAL OFFICER, CHIEF CREDIT OFFICER AND
CHIEF COMPLIANCE OFFICER, EACH EXECUTIVE VICE PRESIDENT OR SENIOR VICE
PRESIDENT AND ANY OTHER PERSON MEETING THE STANDARD UNDER THIS PARAGRAPH.
5. "PARTNER" MEANS A PERSON THAT EITHER:
(a) HAS THE RIGHT TO RECEIVE ON DISSOLUTION.
(b) HAS CONTRIBUTED TEN PERCENT OR MORE OF THE CAPITAL CONTRIBUTION
OF AN APPLICANT OR LICENSEE THAT IS ORGANIZED AS A PARTNERSHIP.
6-1803. Provider requirements; limitations
A. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER SECTION 6-1802
SHALL DO ALL OF THE FOLLOWING:
1. DEVELOP AND IMPLEMENT POLICIES AND PROCEDURES TO RESPOND TO
QUESTIONS RAISED BY CONSUMERS AND ADDRESS COMPLAINTS FROM CONSUMERS IN AN
EXPEDIENT MANNER, INCLUDING REIMBURSING A CONSUMER PURSUANT TO PARAGRAPH
10, SUBDIVISION (b) OF THIS SUBSECTION.
2. OFFER AT LEAST ONE REASONABLE OPTION TO A CONSUMER TO OBTAIN
PROCEEDS AT NO COST AND CLEARLY EXPLAIN TO THE CONSUMER HOW TO ELECT THAT
NO COST OPTION.
3. BEFORE ENTERING INTO AN AGREEMENT WITH A CONSUMER FOR EARNED
WAGE ACCESS SERVICES, DO ALL OF THE FOLLOWING:
(a) INFORM THE CONSUMER OF THE CONSUMER'S RIGHTS UNDER’ THE
AGREEMENT IN WRITING.
(b) FULLY AND CLEARLY DISCLOSE ALL FEES ASSOCIATED WITH THE EARNED
WAGE ACCESS SERVICES AND THE DIFFERENCE BETWEEN THE SERVICES AND THE NO
FEE OPTION.
(c) EXPLAIN THE PROCEDURES THE PROVIDER WILL FOLLOW IF THE
PROVIDER'S FIRST ATTEMPT TO OBTAIN PAYMENT OF OUTSTANDING PROCEEDS AND ANY
ASSOCIATED FEES, TIPS, GRATUITIES AND OTHER DONATIONS IS UNSUCCESSFUL.
4. EXCEPT AS PROVIDED IN PARAGRAPH 5 OF THIS SUBSECTION, OBTAIN THE
CONSENT OF THE CONSUMER FOR ANY MATERIAL CHANGE TO THE TERMS AND
CONDITIONS OF THE EARNED WAGE ACCESS SERVICES BEFORE IMPLEMENTING THAT
CHANGE FOR THE CONSUMER.
5. PROVIDE AT LEAST THIRTY DAYS' ADVANCE WRITTEN NOTICE TO A
CONSUMER FOR ANY MATERIAL CHANGE TO THE TERMS AND CONDITIONS OF AN EARNED
WAGE ACCESS PRODUCT THAT INCLUDES THE CUSTOMER'S ASSENT TO A VOLUNTARY
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House Amendments to H.B. 2309
OONAAHPWNH FE
PHHPAPHAPHP PPP WWWWWWWWWWNYDNYDNDADNYDNNDANNHPHHP RP PR RPE
ANDTFWNHMRFOWANA TAB WNHRF DMO ANA NABRWNHEFOW AND OBWNHHRO
PREAUTHORIZED AUTOMATED ELECTRONIC FUNDS TRANSFER. THE NOTICE REQUIRED BY
THIS PARAGRAPH MAY BE PROVIDED THROUGH EMAIL OR ANOTHER CONSPICUOUS
ELECTRONIC METHOD IF THE CONSUMER CONSENTS TO RECEIVE COMMUNICATIONS
THROUGH ELECTRONIC MEANS. FOR THE PURPOSES OF THIS PARAGRAPH, VOLUNTARY
PREAUTHORIZED AUTOMATED ELECTRONIC FUNDS TRANSFER DOES NOT INCLUDE A
ONETIME TRANSACTION FOR PROCEEDS AUTHORIZED BY THE CONSUMER.
6. ALLOW THE CONSUMER TO CANCEL USE OF THE PROVIDER'S EARNED WAGE
ACCESS SERVICES AT ANY TIME WITHOUT INCURRING A CANCELLATION FEE OR
INHIBITING ACCESS TO CONSUMER FUNDS THAT ARE IN PROCESS.
7. COMPLY WITH ALL LOCAL, STATE AND FEDERAL PRIVACY AND INFORMATION
SECURITY LAWS.
8. IF A PROVIDER SOLICITS, CHARGES OR RECEIVES A TIP, GRATUITY OR
OTHER DONATION FROM A CONSUMER, DO ALL OF THE FOLLOWING:
(a) CLEARLY AND CONSPICUOUSLY DISCLOSE TO THE CONSUMER IN
PROMINENTLY DISPLAYED WRITING IMMEDIATELY BEFORE EACH TRANSACTION THAT ANY
TIP, GRATUITY OR OTHER DONATION AMOUNT MAY BE ZERO AND IS VOLUNTARY.
(b) CLEARLY AND CONSPICUOUSLY DISCLOSE IN ITS SERVICE CONTRACT WITH
THE CONSUMER AND ELSEWHERE THAT ANY TIP, GRATUITY OR DONATION IS VOLUNTARY
AND THAT OFFERING EARNED WAGE ACCESS SERVICES, INCLUDING THE AMOUNT OF
PROCEEDS A CONSUMER IS ELIGIBLE TO REQUEST AND THE FREQUENCY WITH WHICH
PROCEEDS ARE PROVIDED TO A CONSUMER, IS NOT CONTINGENT ON WHETHER THE
CONSUMER PAYS ANY TIP, GRATUITY OR OTHER DONATION OR ON THE SIZE OF THE
TIP, GRATUITY OR OTHER DONATION.
(c) SET THE INITIAL SUGGESTED TIP[,. GRATUITY OR OTHER DONATION, IF
ANY,] TO ZERO[L>—H—ANY—ANB—ALEOH THEE ONSUMER FO 6 P-T— FF BF FER ENF
BEFAULT-SETFFINGS-FOR-FUTURE-FRANSACTTONS ] .
9. PROVIDE PROCEEDS TO A CONSUMER BY ANY MEANS MUTUALLY AGREED ON
BY THE CONSUMER AND THE LICENSEE.
10. IF THE PROVIDER SEEKS REPAYMENT OF OUTSTANDING PROCEEDS OR
PAYMENT OF FEES OR OTHER AMOUNTS OWED, INCLUDING VOLUNTARY TIPS,
GRATUITIES OR OTHER DONATIONS, IN CONNECTION WITH THE ACTIVITIES COVERED
BY THIS CHAPTER FROM A CONSUMER'S ACCOUNT AT A DEPOSITORY INSTITUTION BY
MEANS OF AN ELECTRONIC FUNDS TRANSFER, DO ALL OF THE FOLLOWING:
(a) COMPLY WITH APPLICABLE PROVISIONS OF THE ELECTRONIC FUND
TRANSFER ACT AS PRESCRIBED IN 15 UNITED STATES CODE SECTIONS 1693 THROUGH
1693r AND THE REGULATIONS ADOPTED UNDER 15 UNITED STATES CODE SECTIONS
1693 THROUGH SECTION 1693r.
(b) WITHIN TEN BUSINESS DAYS AFTER THE CONSUMER'S REQUEST,
REIMBURSE THE CONSUMER FOR THE FULL AMOUNT OF ANY OVERDRAFT OR
NONSUFFICIENT FUND FEES IMPOSED ON THAT CONSUMER BY THE CONSUMER'S
DEPOSITORY INSTITUTION THAT WERE CAUSED BY THE PROVIDER ATTEMPTING TO SEEK
PAYMENT OF ANY OUTSTANDING PROCEEDS, FEES OR OTHER PAYMENTS IN CONNECTION
WITH THE ACTIVITIES COVERED BY THIS CHAPTER, INCLUDING VOLUNTARY TIPS,
GRATUITIES OR OTHER DONATIONS, ON A DATE BEFORE, OR IN AN INCORRECT AMOUNT
FROM, THE DATE OR AMOUNT DISCLOSED TO THE CONSUMER. THE PROVIDER IS NOT
SUBJECT TO THE REQUIREMENTS IN THIS PARAGRAPH WITH RESPECT TO PAYMENTS OF
OUTSTANDING AMOUNTS OR FEES INCURRED BY A CONSUMER THROUGH FRAUDULENT OR
OTHER UNLAWFUL MEANS THAT THE PROVIDER, USING REASONABLE GOOD-FAITH
-ll-
House Amendments to H.B. 2309
OAN DAH WNH HE
EFFORTS TO DETERMINE, REASONABLY BELIEVES ARE THE RESULT OF THE CUSTOMER'S
CONDUCT.
B. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER SECTION 6-1802
MAY NOT DO ANY OF THE FOLLOWING:
1. SHARE WITH AN EMPLOYER A PORTION OF ANY FEES, VOLUNTARY TIPS,
GRATUITIES OR OTHER DONATIONS THAT WERE RECEIVED FROM OR CHARGED TO A
CONSUMER FOR EARNED WAGE ACCESS SERVICES.
2. REQUIRE A CONSUMER'S [CREDIT REPORT OR A] CREDIT SCORE THAT WAS
GENERATED FROM A CREDIT REPORT PROVIDED OR ISSUED BY A CONSUMER REPORTING
AGENCY TO DETERMINE A CONSUMER'S ELIGIBILITY FOR EARNED WAGE ACCESS
SERVICES. '
3. ACCEPT PAYMENT OF OUTSTANDING PROCEEDS, FEES, VOLUNTARY TIPS,
GRATUITIES OR OTHER DONATIONS FROM A CONSUMER BY MEANS OF A CREDIT CARD OR
CHARGE CARD.
4. CHARGE A LATE FEE OR DEFERRAL FEE, INTEREST OR ANY OTHER PENALTY
OR CHARGE FOR FAILURE TO PAY OUTSTANDING PROCEEDS, FEES, VOLUNTARY TIPS,
GRATUITIES OR OTHER DONATIONS.
5. COMPEL OR ATTEMPT TO COMPEL PAYMENT BY A CONSUMER OF OUTSTANDING
PROCEEDS, FEES, VOLUNTARY TIPS, GRATUITIES OR OTHER DONATIONS TO THE
PROVIDER THROUGH ANY OF THE FOLLOWING MEANS:
(a) A SUIT AGAINST THE CONSUMER IN A COURT OF COMPETENT
JURISDICTION.
(b) USE OF OUTBOUND TELEPHONE CALLS.
(c) USE OF A THIRD PARTY TO PURSUE COLLECTION FROM THE CONSUMER ON
THE PROVIDER'S BEHALF.
(d) SALE OF OUTSTANDING AMOUNTS TO A THIRD-PARTY COLLECTOR OR DEBT
BUYER FOR COLLECTION FROM THE CONSUMER.
(e) BY ACTING AS A COLLECTION AGENCY AS DEFINED IN SECTION 32-1001
CIN CONNECTION WITH AN EARNED WAGE ACCESS SERVICE].
6. IF THE PROVIDER SOLICITS OR RECEIVES TIPS, GRATUITIES OR OTHER
DONATIONS FROM CONSUMERS, MISLEADS OR ODECEIVES CONSUMERS ABOUT THE
VOLUNTARY NATURE OF THE TIPS, GRATUITIES OR OTHER DONATIONS OR MAKE
REPRESENTATIONS THAT THE TIPS, GRATUITIES OR OTHER DONATIONS WILL BENEFIT
ANY INDIVIDUAL, INCLUDING THE CONSUMER, OR ARE NECESSARY TO OFFER EARNED
WAGE ACCESS SERVICES, INCLUDING THE AMOUNT OF PROCEEDS THE CONSUMER IS
ELIGIBLE TO REQUEST AND THE FREQUENCY WITH WHICH PROCEEDS ARE PROVIDED TO
THE CONSUMER.
7. ADVERTISE, PRINT, DISPLAY, PUBLISH, DISTRIBUTE OR BROADCAST OR
CAUSE TO BE ADVERTISED, PRINTED, DISPLAYED, PUBLISHED, DISTRIBUTED OR
BROADCAST, IN ANY MANNER, ANY STATEMENT OR REPRESENTATION WITH REGARD TO
THE EARNED WAGE ACCESS SERVICES THAT ARE OFFERED BY THE PROVIDER THAT IS
FALSE, MISLEADING OR DECEPTIVE, OR THAT OMITS OR STATES MATERIAL
INFORMATION THAT IS NECESSARY TO MAKE THE STATEMENTS NOT FALSE, MISLEADING
OR DECEPTIVE.
8. REQUIRE THAT A CONSUMER'S SOLE MEANS OF ACCESSING MONIES BE
THROUGH A PROVIDER PAYCARD, DIGITAL WALLET OR SIMILAR PAYMENT PROCESS.
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House Amendments to H.B. 2309
OONAD THR WNH FE
9. CHARGE FEES FOR DELIVERY OR EXPEDITED DELIVERY OF PROCEEDS THAT
EXCEED $5 FOR ANY ADVANCE THAT IS EQUAL TO OR LESS THAN $75 OR $7.50 FOR
ANY ADVANCE THAT IS MORE THAN $75.
10. OFFER EARNED WAGE ACCESS SERVICES, INCLUDING THE AMOUNT OF
PROCEEDS A CONSUMER IS ELIGIBLE TO REQUEST AND THE FREQUENCY WITH WHICH
PROCEEDS ARE PROVIDED TO A CONSUMER, THAT ARE CONTINGENT ON WHETHER THE
CONSUMER PAYS ANY TIP, GRATUITY OR OTHER DONATION OR ON THE SIZE OF THE
TIP, GRATUITY OR OTHER DONATION.
C. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER SECTION 6-1802
MAY SOLICIT OR RECEIVE TIPS, GRATUITIES OR OTHER DONATIONS ONLY ONE TIME
PER TRANSACTION AND CONFIRM THE FINAL TRANSACTION ON THE COMPLETION
SCREEN.
D. THE LIMITS SET FORTH IN SUBSECTION B, PARAGRAPH 5 OF THIS
SECTION DO NOT APPLY TO A PROVIDER THAT IS:
1. SEEKING PAYMENT OF ANY OUTSTANDING AMOUNT OR FEE THAT WAS
INCURRED BY A CONSUMER THROUGH FRAUD OR OTHER UNLAWFUL MEANS THAT THE
PROVIDER, USING REASONABLE GOOD-FAITH EFFORTS TO DETERMINE, REASONABLY
BELIEVES ARE THE RESULT OF CONSUMER'S CONDUCT.
2. SUING AN EMPLOYER FOR THE EMPLOYER'S BREACH OF THE EMPLOYER'S
CONTRACT WITH THE PROVIDER.
E. A PROVIDER MAY USE THE MAILING ADDRESS PROVIDED BY A CONSUMER TO
DETERMINE THE CONSUMER'S STATE OF RESIDENCE FOR THE PURPOSES OF THIS
CHAPTER.
6-1804. Interpretation; a cabili
A. NOTWITHSTANDING ANY OTHER LAW, EARNED WAGE ACCESS SERVICES
OFFERED AND PROVIDED BY A LICENSEE IN COMPLIANCE WITH THIS CHAPTER ARE NOT
CONSIDERED ANY OF THE FOLLOWING:
1. A VIOLATION OF OR NONCOMPLIANCE WITH SECTION 23-1068, SUBSECTION
A OR ANY OTHER LAW OF THIS STATE GOVERNING [THE PAYMENT OF MINIMUM OR
OVERTIME WAGES, DEDUCTI E Y TI OR
OTHER INCOME, THE PURCHASE OR] A SALE, ASSIGNMENT OR ORDER FOR EARNED BUT
UNPAID INCOME OR OTHER WAGES.
2. A LOAN OR OTHER FORM OF CREDIT OR DEBT.
3. MONEY TRANSMISSION.
B. NOTWITHSTANDING ANY OTHER LAW, FEES PAID TO A LICENSEE IN
ACCORDANCE WITH THIS CHAPTER ARE NOT CONSIDERED INTEREST OR FINANCE
CHARGES. IF THERE IS A CONFLICT BETWEEN THIS CHAPTER AND ANY OTHER
STATUTE, THIS CHAPTER CONTROLS.
C. TITLE 32, CHAPTER 9 DOES NOT APPLY TO PROCEEDS A_ PROVIDER
PROVIDES TO A CONSUMER IN ACCORDANCE WITH THIS CHAPTER.
D. A VOLUNTARY TIP, GRATUITY OR OTHER DONATION PAID BY A CONSUMER
TO A LICENSEE IN ACCORDANCE WITH THIS CHAPTER IS NOT CONSIDERED A FINANCE
CHARGE UNDER STATE LAW.
6-1805. Annual report: books and records
A. ON OR BEFORE JULY 1 OF EACH YEAR, A PROVIDER THAT IS REQUIRED TO
BE LICENSED UNDER SECTION 6-1802 SHALL SUBMIT AN ANNUAL REPORT TO THE
DEPARTMENT THAT INCLUDES ALL OF THE FOLLOWING INFORMATION RELATED TO
-13-
House Amendments to H.B. 2309
WOONA TP WNHY FE
EARNED WAGE ACCESS SERVICES THAT THE PROVIDER PROVIDED IN THIS STATE
DURING THE PRIOR YEAR:
1. GROSS REVENUE THAT IS ATTRIBUTED TO EARNED WAGE ACCESS SERVICES.
2. THE TOTAL NUMBER OF TRANSACTIONS IN WHICH THE PROVIDER PROVIDED
PROCEEDS TO CONSUMERS AND THE TOTAL NUMBER OF TRANSACTIONS IN WHICH:
(a) THE PROVIDER RECEIVED A FEE FROM THE CONSUMER.
(b) THE PROVIDER RECEIVED A VOLUNTARY TIP, GRATUITY OR OTHER
DONATION FROM THE CONSUMER.
(c) THE CONSUMER OBTAINED PROCEEDS AT NO COST.
3. THE TOTAL NUMBER OF UNIQUE CONSUMERS TO WHOM THE PROVIDER
PROVIDED PROCEEDS.
4. THE TOTAL DOLLAR AMOUNT OF PROCEEDS THE PROVIDER PROVIDED TO
CONSUMERS.
5. THE TOTAL DOLLAR AMOUNT OF:
(a) FEES THE PROVIDER RECEIVED FROM CONSUMERS.
(b) VOLUNTARY TIPS, GRATUITIES OR OTHER DONATIONS THE PROVIDER
RECEIVED FROM CONSUMERS.
6. THE TOTAL NUMBER OF TRANSACTIONS IN WHICH THE PROVIDER PROVIDED
AND THE TOTAL AMOUNT OF REIMBURSEMENTS TO A CONSUMER FOR OVERDRAFT OR
NONSUFFICIENT FUND FEES THAT WERE IMPOSED ON THAT CONSUMER.
7. THE TOTAL NUMBER OF CLAIMS MADE BY THE PROVIDER AGAINST A
CONSUMER FOR FRAUD OR UNLAWFUL ACTS, INCLUDING THE DOLLAR AMOUNTS OF ANY
CLAIM. THE DEPARTMENT MAY REQUEST FOLLOW-UP INFORMATION THAT INCLUDES:
(a) INVESTIGATION DOCUMENTATION.
(b) EVIDENCE THAT SUPPORTS FRAUD OR UNLAWFUL CONDUCT.
(c) INFORMATION AS TO WHETHER A COURT OF COMPETENT JURISDICTION
ADJUDICATED THE MATTER.
B. THE DIRECTOR MAY EXTEND THE DEADLINE FOR THE ANNUAL REPORT FOR
GOOD CAUSE.
C. THE DEPARTMENT MAY TAKE DISCIPLINARY ACTION AGAINST A PROVIDER
IF THE PROVIDER FAILS TO SUBMIT A TIMELY REPORT AS REQUIRED UNDER THIS
SECTION.
D. A PROVIDER THAT IS REQUIRED TO BE LICENSED UNDER SECTION 6-1802
SHALL KEEP BOOKS AND RECORDS THAT, IN THE OPINION OF THE DEPARTMENT, WILL
ENABLE THE DEPARTMENT TO DETERMINE WHETHER THE PROVIDER IS IN COMPLIANCE
WITH THIS CHAPTER FOR AT LEAST FIVE YEARS.
6-1806. Denial of renewal or suspension or revocation of
license
A. THE DEPARTMENT MAY DENY THE RENEWAL OF A LICENSE OR SUSPEND OR
REVOKE A LICENSE IF THE DEPARTMENT FINDS THAT THE LICENSEE:
1. IS INSOLVENT AS DEFINED IN SECTION 47-1201.
2. HAS FAILED TO FILE AN ANNUAL REPORT AS REQUIRED BY SECTION
6-1805 BY THE DUE DATE OR WITHIN AN EXTENDED TIME FRAME GRANTED BY THE
DIRECTOR FOR GOOD CAUSE.
3. HAS FAILED TO HAVE OR MAINTAIN THE SURETY BOND REQUIRED BY
SECTION 6-1802, SUBSECTION E.
4. HAS VIOLATED A RULE, ORDER OR ANY PROVISION OF THIS TITLE.
Ads
House Amendments to H.B. 2309
5. HAS FAILED TO OPERATE THE BUSINESS OF OFFERING OR PROVIDING
EARNED WAGE ACCESS SERVICES IN THIS STATE FOR A CONTINUOUS PERIOD OF
TWELVE MONTHS OR MORE, EXCEPT THAT THE DEPUTY DIRECTOR MAY EXTEND THE TIME
FOR NOT MORE THAN TWELVE ADDITIONAL MONTHS FOR A SINGLE FIXED PERIOD ON
GOOD CAUSE SHOWN.
B. THE DEPARTMENT MAY ALSO DENY RENEWAL OF A LICENSE OR SUSPEND OR
REVOKE A LICENSE IF THE DIRECTOR FINDS THAT ANY FACT OR CONDITION EXISTS
THAT, IF IT HAD EXISTED AT THE TIME OF THE ORIGINAL APPLICATION FOR THE
LICENSE, WOULD HAVE CLEARLY WARRANTED THE DIRECTOR TO REFUSE TO ISSUE THE
10 LICENSE.
ata C. A LICENSEE MAY APPEAL A DENIAL OF A RENEWAL APPLICATION OR A
12 SUSPENSION OR REVOCATION PURSUANT TO TITLE 41, CHAPTER 6, ARTICLE 10.
13 6-1807. Mergers and acquisition of control: approval of
14 director
15 A PERSON LICENSED UNDER THIS CHAPTER MAY NOT MERGE WITH, ACQUIRE
16 CONTROL OVER OR AGREE TO BE ACQUIRED BY ANOTHER ENTITY WITHOUT THE
17 APPROVAL OF THE DIRECTOR. THIS SECTION DOES NOT PROHIBIT A LICENSEE OR
18 OTHER PERSON FROM NEGOTIATING OR ENTERING INTO AGREEMENTS SUBJECT TO THE
19 CONDITION THAT THE MERGER OR ACQUISITION OF CONTROL BECOMES EFFECTIVE ON
20 APPROVAL OF THE DIRECTOR.
21 6-1808. Unlawful practice
22 FAILURE TO COMPLY WITH THIS CHAPTER IS AN UNLAWFUL PRACTICE PURSUANT
23 TO SECTION 44-1522. THE ATTORNEY GENERAL MAY INVESTIGATE AND TAKE
24 APPROPRIATE ACTION AS PRESCRIBED IN TITLE 44, CHAPTER 10, ARTICLE 7.
25 6-1809. Department; rules
26 THE DIRECTOR MAY ADOPT RULES TO IMPLEMENT THIS CHAPTER.
OANA AHPWNM FE
27 Enroll and engross to conform
28 Amend title to conform
JEFF WENINGER
2309WENINGER. docx
02/02/2026
09:57 PM
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-15-
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2309
DATE February 03, 2026 MOTION: Pp PAL
PASS AYE NAY PRESENT | ABSENT
Aguilar A
Blackman ~~
Carter N Vil
Cavero \%
Connolly VA
Diaz ~~
Hendrix SL
Villegas 1H
Wilmeth SM
Way, Vice-Chairman SL
Weninger, Chairman SY
5 [23 DB O
APPROVED:
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
re weohe © Spy
COMMITTEE SE@RETARY
ATTACHMENT 223
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2875: local regulation; prohibition; unmanned aircraft
Sponsor: Representative Weninger, LD 13
Committee on Commerce
Overview
Transfers statutory provisions relating to local government prohibitions on regulating
unmanned aircraft from Title 13 to Title 9 or Title 11 as appropriate.
History
Statute outlines restrictions for operating a model or unmanned aircraft including precluding
a city, town or county from enacting or adopting any ordinance, policy or rule that relates to
the ownership or operation of an unmanned aircraft or unmanned aircraft system or
otherwise engage in regulating the ownership or operation of an unmanned aircraft or
unmanned aircraft system (A.R.S. § 13-3729).
Provisions
Statutory Transfer
1. Transfers statutory provisions relating to prohibiting a city, town or county from enacting
or adopting any ordinance that relates to the ownership or operation of an unmanned
aircraft or system and specified exemptions from Title 13 (Miscellaneous Offenses) to
Title 9 (Cities and Towns) and Title 11 (Counties) as appropriate. (Sec. 1, 2, 3)
Additional Exemptions
2. Adds that the prohibition on unmanned aircraft regulations do not:
a. prohibit a local government from enacting or adopting an ordinance on land use
approvals for taking off, docking and landing an unmanned aircraft system in or
within a one hundred fifty-foot radius of the outer boundary of the area zoned for
residential use;
b. prohibit a local government from requiring or enforcing existing regulations that are
not explicitly for an unmanned aircraft or system; and
c. allow a local government to withhold issuing a permit or approval for operating,
taking off, docking or landing an unmanned aircraft or system in an area that is not
zoned for residential use. (Sec. 1, 2)
Miscellaneous
Defines pertinent terms. (Sec. 1, 2)
Modifies the definition of model aircraft. (Sec. 3)
0 Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) UO Fiscal Note
Initials PB HB 2875
1/29/2026 Page 1 Commerce
Attachment 24
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2875
DATE February 03, 2026 MOTION: 0
PASS NAY PRESENT | ABSENT
Aguilar
Blackman
Carter N
Cavero
Connolly
Diaz
Hendrix
Villegas
Wilmeth
Way, Vice-Chairman
Weninger, Chairman
SKK KANAMAAI SY 2
| O O
bata. CeAg sare
ea COMMITTEE SECRETARY
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT 25
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2402: ambulance services; certificates of necessity
Sponsor: Representative Willoughby, LD 13
Committee on Commerce
Overview
Makes various revisions to statute relating to the regulation of ambulances and ambulance
services.
History
The Department of Health Services (DHS) regulates the operation of ambulances and
ambulance services, including regulating the response times of ambulances to meet the needs
of the public and to ensure adequate service. Individuals wishing to operate an ambulance
service in this state must apply for a certificate of necessity. Upon determining that the public
necessity requires the service, or any part of the service proposed by the applicant, DHS
issues the certificate provided the applicant is found to be fit and proper to provide the service
and has paid and filed the appropriate fees and bonds (A.R.S. § 36-2232),
Provisions
Ambulance Services; Reporting Requirements
1. Requires each ambulance services to provide outlined information on a quarterly basis to
DHS relating to dispatched ambulances. (Sec. 3)
2. Instructs DHS to make the information regarding dispatched ambulances available to the
public on request and on the department's website, with appropriate redacted personally
identifying information. (Sec. 3)
3. Stipulates, for ambulance services who fail to provide the quarterly report, DHS must
issue a notice to comply within 30 calendar days after the end of the quarter. (Sec. 3)
4, Authorizes DHS to impose a civil penalty of up to $500 to ambulance services for failure
to comply within 15 calendar days after receiving the notice to comply with the quarterly
reporting requirement. (Sec. 3)
5. Defines emergency medical dispatch classification. (Sec. 3)
Ambulance Services Regulations
6. Allows, rather than requires, DHS to provide a waiver to the requirement to install an
electronic global positioning system monitoring device on each vehicle to an ambulance
service that can reasonably demonstrate its inability to meet the requirement because at
least 30% of the service area does not have global position system coverage. (Sec. 4)
O Prop 105 (45 votes) O Prop 108 (40 votes) O Emergency (40 votes) DO Fiscal Note
Initials PB HB 2402
2/1/2026 Page 1 Commerce
Attachment 2b .
7, Specifies the waiver expires on April 1 of each year and may be annually renewed. (Sec.
4)
8. Directs DHS to:
a. establish an online certificate of necessity application portal allowing applicants to
track application status and applicable deadlines; and
b. make available to the public on their website a dashboard of ambulance service
response times viewable by call type and the percentage of calls that required
advanced life support services. (Sec. 4)
9. Prohibits DHS from requiring an applicant to purchase equipment, ambulances or other
vehicles prior to approving the certificate of necessity provide the applicant can
demonstrate the ability to provide all services required in accordance with the certificate
of necessity. (Sec. 5)
10. Provides for allowing DHS to issue a certificate of necessity to the city, town or fire district
or a private ambulance service to provide ambulance services to a geographic area. (Sec.
5)
11. Stipulates, for certificate of necessity appeals, an ambulance service in the affected region
and each interested party have seven days after receiving the hearing notice to intervene.
Sec. 6)
12. Requires DHS to assess a civil penalty of $1,500 on an ambulance service for
noncompliance with certificate of necessity's requirements. (Sec. 6)
18. Allows the certificate of necessity holder to appeal by requesting a hearing through the
Office of Administrative Hearings. (Sec. 6)
14. Requires DHS to base all decisions relating to the renewal of a certificate of necessity on
current data. (Sec. 7)
Miscellaneous
15. Instructs each local emergency medical services coordinating system to additionally
submit their regional emergency medical services plan to the Legislature. (Sec. 1)
16. Exempts, from statutory regulations relating to emergency medical services, Arizona
registered ambulances that are responding to a major catastrophe, emergency or wildland
fire event in Arizona because there are insufficient registered ambulances in the area
affected by the major catastrophe, emergency or wildland fire event. (Sec. 2)
17. makes technical changes. (Sec. 1, 4, 7, 8)
Initials PB HB 2402
2/1/2026 Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILLNO. HB 2402
DATE February 03, 2026 MOTION: Dp
PASS AYE NAY PRESENT | ABSENT
Aguilar wa
Blackman ¥ /
Carter N N Lf
Cavero S
Connolly v4
Diaz \K~
Hendrix WA
Villegas S/
Wilmeth \/
Way, Vice-Chairman JS
Weninger, Chairman v4
IO 1 4 O Q
_kushe PsgueeA
‘VV CNMI Fee SECRETARY
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
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ATTACHMENT.
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2903: social credit; use; prohibition
Sponsor: Representative Montenegro, LD 29
Committee on Commerce
Overview
Asserts this State cannot require a bank or financial institution to use a social credit score in
determining whether to lend money.
History
A bank may lend up to 20% of its capital to a single borrow. A bank may lend an additional
10% of its capital if the additional amounts are fully secured by readily marketable collateral
that has a market value at least equal to the amount of the loan (A.R.S. § 6-352),
A bank uses certain factors in determining whether to lend money and the amount that is
lent. These factors may include a borrower's credit score, credit history, debt-to-income ratio,
employment history, collateral and the type of loan and the loan term.
Provisions
1. Prohibits the State from requiring a bank or financial institution to use a social credit
score when the bank or financial institution evaluates whether to lend money to a
customer. (Sec. 1)
0 Prop 105 (45 votes) O Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note
Initials PB HB 2903
1/28/2026 Page 1 Commerce
Hicinene“
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
Commerce BILL NO. HB 2903
De
COMMITTEE ON
DATE February 03, 2026 MOTION:
PASS AYE NAY PRESENT | ABSENT
Aguilar S
Blackman
Carter N
Cavero
Connolly
Diaz
Hendrix
VA
Villegas
Wilmeth
Way, Vice-Chairman
Weninger, Chairman
ANRAL KN KK
4 O lO
Lusha _
' COMMITTEE SECRETARY
APPROVED:
Show Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT. 24
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2877: timeshare salespersons; licensure
Sponsor: Representative Weninger, LD 13
Committee on Commerce
Overview
Establishes requirements and qualifications for a timeshare salesperson license.
History
The Arizona Department of Real Estate (ADRE) protects the public interest through
licensure and regulation of the real estate profession in Arizona. ADRE, under direction of
the Real Estate Commissioner (Commissioner), is responsible for: 1) licensing and regulating
real estate, cemetery and membership camping salespersons and brokers; 2) investigating
complaints from the public and licensees regarding real estate transactions; 3) ensuring
enforcement of real estate statutes and rules; 4) providing proper educational material to
guide and assist the public and licensees; 5) issues public reports for timeshares, subdivisions
and unsubdivided land; and 6) inspects brokers’ records and transactions to ensure
compliance with statutory requirements.
In order to qualify for a real estate license, the applicant must show satisfactory evidence
that the applicant: 1) has not had a real estate license denied within one year, or revoked
within two years immediately preceding the application; 2) is at least 18 years of age; 3) has
completed a real estate salesperson's course that is at least 90 classroom hours; and 4)
provides certification of completing 6 hours of instruction in real estate contract law and
contract writing. (A.R.S. § 32-2124),
Provisions
1. Allows the Commissioner to adopt rules specifying the requirements of examination
preparation courses for timeshare salesperson license applicants. (Sec. 3)
2. Limits the preparation course and timeshare examination to specific real estate laws,
regulations and business practices and ethics that are directly related to the sale of
timeshare interests. (Sec. 3)
3. Instructs the Commissioner to ascertain that a timeshare salesperson license applicant
meets outlined qualifications. (Sec. 3)
4, Exempts a timeshare salesperson renewal applicant from submitting to an examination
provided the application is made within 12 months after the license expires and the
license has not been canceled, terminated or suspended. (Sec. 3)
5. Allows a real estate broker or salesperson to engage in timeshare sales activities without
being separately licensed. (Sec. 4)
0 Prop 105 (45 votes) OO Prop 108 (40 votes) OO Emergency (40 votes) UO Fiscal Note
Initials PB HB 2877
1/28/2026 Page 1 Commerce
O
Attachment
6. Clarifies it is unlawful for a person to act as a real estate broker or salesperson, timeshare
salesperson, cemetery broker or salesperson or membership camping broker or
salesperson while the licensee's license is expired. (Sec. 5)
7. Allows the Commissioner to issue a onetime 30-day certificate of convenience to a person
who has applied and qualifies for a timeshare salesperson's license without examination.
(Sec. 6)
8. Instructs an employing timeshare plan developer's designated broker to certify that the
timeshare salesperson applicant will be trained in applicable timeshare and contract laws
before participating in any offer or sale. (Sec. 6)
9. Applies statutory grounds for denial, suspension or revocation of a license to a timeshare
salesperson applicant. (Sec. 7)
10. Defines timeshare salesperson as a natural person who acts under the supervision of a
licensed real estate broker to sell or exchange timeshare properties on behalf of a
timeshare plan developer or other person. (Sec. 1)
11, Makes conforming changes. (Sec. 2, 4)
12. Contains a legislative intent clause. (Sec. 8)
13. Contains a delayed effective date of July 1, 2027. (Sec. 9)
Initials PB HB 2877
1/28/2026 Page 2 Commerce
Fifty-seventh Legislature Commerce
Second Regular Session H.B. 2877
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2877
(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-STRIKEGUT-TH-BRACKEFS] indicates new text removed from statute
or previously enacted session law.
(Green—strtkevut—ittrackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<éreen—strikevut—ir-carets>> indicates a section removed from the bill.
1 The bill as proposed to be amended is reprinted as follows:
2 Section 1. Section 32-2101, Arizona Revised Statutes, is amended to
= read:
4 32-2101. Definitions
5 In this chapter, unless the context otherwise requires:
6 1. “Acting in concert" means evidence of collaborating to pursue a
7 concerted plan.
8 2. “Address of record" means any of the following:
9 (a) The address where a _ licensee practices or is_ otherwise
10 = employed.
11 (b) A licensee's residential address.
12 (c) The address of a licensee's statutory agency who is registered
13 as the licensee's statutory agent with the corporation commission. This
14 subdivision applies only if notice of the statutory agent is given to the
15 department pursuant to section 32-2126.
16 3. "Advertising" means attempting by publication, dissemination,
17s exhibition, solicitation or circulation, oral or written, or for broadcast
18 on radio or television to induce directly or indirectly any person to
19 enter into any obligation or acquire any title or interest in lands
20 subject to this chapter, including the land sales contract to be used and
21 any photographs, drawings or artist's presentations of physical conditions
22 or facilities existing or to exist on the property. Advertising does not
23 include:
24 (a) Press releases or other communications delivered to newspapers,
25 periodicals or other news media for general information or public
26 relations purposes if no charge is made by the newspapers, periodicals or
27 ~+other news media to publish or use any part of these communications.
28 (b) Communications to stockholders as follows:
Adopted # of Verbals
‘ailed Withdrawn
Not Offerec Analysts Initials
Attachment 31
House Amendments to H.B. 2877
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(i) Annual reports and interim financial reports.
(ii) Proxy materials.
(iii) Registration statements.
Civ} Securities prospectuses,
(v) Applications for listing of securities on stock exchanges.
(vi) Prospectuses.
(vii) Property reports.
(viii) Offering statements.
4. “Affiliate" means a person who, directly or indirectly through
one or more intermediaries, controls, is controlled by or is under common
control with the person specified.
5. “Associate broker" means a licensed broker who is employed by
another broker. Unless otherwise specifically provided, an associate
broker has the same license privileges as a salesperson.
6. “Barrier” means a natural or man-made geographic feature that
prevents parcels of tand from being practicably, reasonably and
economically united or reunited and that was not caused or created by the
owner of the parcels.
7. “Blanket encumbrance”:
(a) Means either:
(i) Any mortgage, any deed of trust or any other encumbrance or
lien that secures or evidences the payment of monies and that affects more
than one lot or parcel of subdivided land.
(ii) An agreement that affects more than one lot or parcel by which
the subdivider holds the subdivision under an option, contract to sell or
trust agreement.
(b) Does not include taxes and assessments that are levied by
public authority.
8. “Board” means the real estate advisory board.
9. "Broker", when used without modification, means a person who is
licensed as a broker under this chapter or who is required to be licensed
as a broker under this chapter.
10, "Business broker" means a real estate broker who acts as an
intermediary or agent between sellers or buyers, or both, in the sale or
purchase, or both, of businesses or business opportunities where a lease
or sale of real property is either a direct or incidental part of the
transaction.
11. “Camping site’ means a space that jis designed and promoted for
the purpose of locating any trailer, tent, tent trailer, pickup camper or
other similar device used for camping.
12, “Cemetery” or "cemetery property" means any one, or a
combination of more than one, of the following in a place that is used, or
jntended to be used, and dedicated for cemetery purposes:
(a) A burial park, for earth interments.
(b) A mausoleum, for crypt or vault entombments.
(c) A crematory, or a crematory and columbarium, for cinerary
interments.
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(d) A cemetery plot, including interment rights, mausoleum crypts,
niches and burial spaces.
13. “Cemetery broker" means a person other than a real estate
broker or real estate salesperson who, for another, for compensation:
(a) Sells, leases or exchanges cemetery property or interment
services of or for another, or on the person's own account.
(b) Offers for another or for the person's own account to buy,
sell, lease or exchange cemetery property or interment services.
(c} Negotiates the purchase and sale, lease or exchange of cemetery
property or interment services.
(d) Negotiates the purchase or sale, lease or exchange, or lists or
solicits, or negotiates a loan on or leasing of cemetery property or
interment services.
14. "Cemetery salesperson” means a natural person who acts on the
person's own behalf or through and on behalf of a professional limited
liability company or a professional corporation engaged by or on behalf of
a licensed cemetery or real estate broker, or through and on behalf of a
corporation, partnership or limited liability company that is licensed as
a cemetery or real estate broker, to perform any act or transaction
included in the definition of cemetery broker.
15. "Commissioner" means the state real estate commissioner.
16. “Common promotional plan" means a plan, undertaken by a person
or a group of persons acting in concert, to offer lots for sale or lease,
If the land is offered for sale by a person or group of persons acting in
concert, and the land is contiguous or is known, designated or advertised
as a common unit or by a common name, the land is presumed, without regard
to the number of lots covered by each individual offering, as being
offered for sale or lease as part of a common promotional plan. Separate
subdividers selling lots or parcels in separately platted subdivisions
within a master planned community shall not be deemed to be offering their
combined jots for sale or lease as part of a common promotional plan.
17, "Compensation" means any fee, commission, salary, monies or
other valuable consideration for services rendered or to be rendered as
well as the promise of consideration whether contingent or not.
18. "Contiguous":
(a) Weans Tots, parcels or fractional interests that share a common
boundary or point.
(b) Does not include lots, parcels or fractional interests that are
separated by either of the following:
(i) A barrier.
(71) A road, street or highway that has been established by this
state or by any agency or political subdivision of this state, that has
been designated by the federal government as an interstate highway or that
has been regularly maintained by this state or by any agency or political
subdivision of this state and has been used continuously by the public for
at least the last five years.
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19. “Controi" or "controlled" means a person who, through
ownership, voting rights, power of attorney, proxy, management rights,
operational rights or other rights, has the right to make decisions
binding on an entity, whether a corporation, a partnership or any other
entity.
20. "Corporation licensee" means a lawfully organized corporation
that is registered with the corporation commission and that has an officer
licensed as the designated broker pursuant to section 32-2125.
21. "Department" means the state real estate department.
22. “Designated broker" means a natural person who is licensed as a
broker under this chapter and who is either:
(a) Designated to act on behalf of an employing real estate,
cemetery or membership camping entity.
(b) Doing business as a sole proprietor.
23. "Developer":
(a) Means a person who offers real property in a development for
Sale, lease or use, either immediately or in the future, on the person's
own behalf or on behalf of another person, under this chapter.
(b) Does not include a person whose involvement with a development
is limited to listing property within the development for sale, lease or
use,
24, "Development" means any division, proposed division or use of
real property that the department has authority to regulate, including
subdivided and unsubdivided lands, cemeteries, condominiums, timeshares,
membership campgrounds and stock cooperatives.
25. “Distance learning" means continuing education or prelicensure
education that is an online, pianned learning experience with a geographic
separation that may be synchronous or asynchronous, that does not require
real-time interaction between a student and an instructor and that uses a
platform with self-paced or prerecorded lessons and materials that a
student can access via the internet to proceed at the student's own pace.
26. “Employing broker” means a person who Js licensed or is
required to be licensed as a:
(a) Broker entity pursuant to section 32-2125, subsection A.
(b) Sole proprietorship if the sole proprietor is a broker licensed
pursuant to this chapter.
27. “Fractional interest" means an undivided interest in improved
or unimproved land, lots or parcels of any size created for the purpose of
sale or lease and evidenced by any receipt, certificate, deed or other
document conveying the interest. Undivided interests in land, lots or
parcels created in the names of a husband and wife as community property,
joint tenants or tenants in common, or in the names of other persons who,
acting together as part of a single transaction, acquire the interests
without a purpose to divide the interests for present or future sale or
lease shall be deemed to constitute only one fractional interest.
28. “Improved lot or parcel" means a jot or parcel of a subdivision
on which there is a residential, commercial or industrial building or
House Amendments to H.B. 2877
ON DoF wWM
concerning which a contract has been entered into between a subdivider and
a purchaser that obligates the subdivider directly, or indirectly through
a building contractor, to completely construct a residential, commercial
or industrial building on the Tot or parcel within two years after the
date on which the contract of sale for the lot is entered into, or for a
condominium as defined in section 33-1202, within four years after the
date on which the contract for sale is entered into.
29. “Inactive license” means a license that is issued pursuant to
article 2 of this chapter to a licensee who is on inactive status during
the current license period and who is not engaged by or on behalf of a
broker.
30. “Lease” or "“leasing" includes any lease, whether it is the
sole, the principal or any incidental part of a transaction.
31. "License" means the whole or part of any agency permit,
certificate, approval, registration, public report, charter or similar
form of permission required by this chapter.
32. “Licensee” means a person to whom a license for the current
license period has been granted under any provision of this chapter, and,
for the purposes of section 32-2153, subsection A, includes original
license applicants.
33. “License period" means the two-year period beginning with the
date of original issue or renewal of a particular license and ending on
the expiration date, if any.
34. “Limited liability company licensee" means a lawfully organized
limited liability company that has a member or manager who is a natural
person and who jis licensed as the designated broker pursuant to section
32-2125,
35. “Live classroom course" means a course or instructional segment
delivered in either an in-person classroom instructional format or a
synchronous remote instructional format that allows students to observe
and participate remotely in an instructional segment via livestreaming.
36. “Lot reservation" means an expression of interest by a
prospective purchaser in buying at some time in the future a subdivided or
unsubdivided lot, unit or parcel in this state. In all cases, a
subsequent affirmative action by the prospective purchaser must be taken
to create a contractual obligation to purchase.
37. “Master planned community" means a development that consists of
two or more separately platted subdivisions and that is either subject to
a master declaration of covenants, conditions or restrictions, is subject
to restrictive covenants sufficiently uniform in character to clearly
indicate a general scheme for improving or developing real property or is
governed or administered by a master owner's association.
38. “Member” means a member of the real estate advisory board.
39, "Membership camping broker“ means a person, other than a
salesperson, who, for compensation:
(a) Selis, purchases, lists, exchanges or leases membership camping
contracts.
House Amendments to H.B. 2877
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(b) Offers to sell, purchase, exchange or lease membership camping
contracts.
(c) Negotiates or offers, attempts or agrees to negotiate the sale,
purchase, exchange or lease of membership camping contracts.
(d) Advertises or holds himself out as being engaged in the
business of selling, buying, exchanging or leasing membership camping
contracts or counseling or advising regarding membership camping
contracts.
(e) Assists or directs in procuring prospects calculated or
intended to result in the sale, purchase, listing, exchange or lease of
membership camping contracts.
(f) Performs any of the foregoing acts as an employee or on behalf
of a membership camping operator or membership contract owner.
40. "Membership camping contract" means an agreement that is
offered or sold in this state evidencing a purchaser's right or license to
use the camping or outdoor recreation facilities of a membership camping
operator and includes a membership that provides for this use.
41. “Membership camping operator":
(a) Means an enterprise, other than one that is tax exempt under
section 501(c)(3) of the internal revenue code of 1986, as amended, that
solicits membership paid for by a fee or periodic payments and has as one
of its purposes camping or outdoor recreation, including the use of
camping sites primarily by members.
(b) Does not include camping or recreational trailer parks that are
open to the general public and that contain camping sites rented for a per
use fee or a mobile home park.
42, “Membership camping salesperson" means a natural person who
acts on the person's own behalf or through. and on behalf of a professional
limited liability company or a professional corporation engaged by or on
behalf of a licensed membership camping or real estate broker, or by or on
behalf of a corporation, partnership or limited liability company that is
licensed as a membership camping or real estate broker, to perform any act
or participate in any transaction in a manner included in the definition
of membership camping broker.
43. “Partnership licensee" means a partnership with a managing
general partner who is licensed as the designated broker pursuant to
section 32-2125.
44, “Permanent access", as required under article 4 of this
chapter, means permanent access from the subdivision to any federal, state
or county highway.
45. “Perpetual care" or “endowed care":
(a) Means maintaining and caring, in all piaces where interments
haye been made, for the trees, shrubs, roads, streets and other
improvements and embellishments contained within or forming a part of the
cemetery.
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(b) Does not include maintaining or repairing monuments, tombs,
copings or other man-made ornaments as associated with individual burial
spaces.
46. "Perpetual or endowed-care cemetery" means a cemetery in which
lots or other burial spaces are solid or transferred under’ the
representation that the cemetery will receive perpetual care or endowed
care free of further cost to the purchaser after payment of the original
purchase price for the lot, burial space or interment right.
47. “Person" means any individual, corporation, partnership or
company and any other form of multiple organization for carrying on
business, foreign or domestic.
48, "Private cemetery" means a cemetery or place that is not
licensed under article 6 of this chapter, where burials or interments of
human remains are made, in which sales or transfers of interment rights or
burial plots are not made to the public and in which not more than ten
interments or burials occur annually.
49, "Promotion" or “promotional practice" means advertising and any
other act, practice, device or scheme to induce directly or indirectly any
person to enter into any obligation or acquire any title or interest in or
use of real property subject to this chapter, including meetings with
prospective purchasers, arrangements for prospective purchasers to visit
real property, travel allowances and discount, exchange, refund and
cancellation privileges.
50. "Real estate" includes leasehold-interests and any estates in
Jand as defined in title 33, chapter 2, articles 1 and 2, regardless of
whether located in this state.
51. “Real estate broker" means a person, other than a salesperson,
who, for another and for compensation:
(a) Sells, exchanges, purchases, rents or teases real estate,
businesses and business opportunities or timeshare interests.
(b) Offers to sell, exchange, purchase, rent or lease real estate,
businesses and business opportunities or timeshare interests.
{c) Negotiates or offers, attempts or agrees to negotiate the sale,
exchange, purchase, rental or leasing of real estate, businesses and
business opportunities or timeshare interests.
(d) Lists or offers, attempts or agrees to list real estate,
businesses and business opportunities or timeshare interests for sale,
Tease or exchange.
(e) Auctions or offers, attempts or agrees to auction real estate,
businesses and business opportunities or timeshare interests.
(f) Buys, sells, offers to buy or sell or otherwise deals in
options on real estate, businesses and business opportunities or timeshare
interests or improvements to real estate, businesses and business
opportunities or timeshare interests,
(g) Collects or offers, attempts or agrees to collect rent for the
use of real estate, businesses and business opportunities or timeshare
interests. This subdivision does not apply to a person who is not a
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licensee, who works for a real estate broker or a real estate salesperson,
who collects in-person rent and related fees on behalf of the real estate
broker or real estate salesperson for the use of real estate as part of
the person's clerical duties and who provides a receipt when rent is paid.
(h) Advertises or holds himself out as being engaged in the
business of buying, selling, exchanging, renting or leasing real estate,
businesses and business opportunities or timeshare interests or counseling
or advising regarding real estate, businesses and business opportunities
or timeshare interests.
(i) Assists or directs in procuring prospects that are calculated
to result in the sale, exchange, leasing or rental of real estate,
businesses and business opportunities or timeshare interests.
(j) Assists or directs in negotiating any transaction calculated or
intended to result in the sale, exchange, leasing or rental of real
estate, businesses and business opportunities or timeshare interests.
(k) Incident to the sale of real estate, businesses and business
opportunities negotiates or offers, attempts or agrees to negotiate a Joan
secured or to be secured by any mortgage or other encumbrance on or
transfer of real estate, businesses and business opportunities or
timeshare interests subject to section 32-2155, subsection D. This
subdivision does not apply to mortgage brokers as defined in and subject
to titie 6, chapter 9, article 1.
(1) Engages in the business of assisting or offering to assist
another in filing an application for the purchase or lease of, or in
locating or entering on, lands owned by the state or federal government.
(m) Claims, demands, charges, receives, collects or contracts to
collect an advance fee in connection with any employment enumerated in
this section, including employment undertaken to promote the sale or lease
of real property by advance fee listing, by furnishing rental information
to a prospective tenant for a fee paid by the prospective tenant, by
advertising or by any other offering to sell, lease, exchange or rent real
property or selling kits connected therewith. This does not include the
activities of any communications media of general circulation or coverage
not primarily engaged in advertising real estate or any communications
media activities that are specifically exempt from applicability of this
article under section 32-2121.
(n) Engages in any of the acts listed in subdivisions (a) through
(m) of this paragraph for the sale or lease of other than real property if
a real property sale or lease is a part of, contingent on or ancillary to
the transaction.
(o) Performs any of the acts listed in subdivisions (a} through (m)
of this paragraph as an employee of, or in behalf of, the owner of real
estate, or interest in the real estate, or improvements affixed on the
real estate, for compensation.
(p) Acts as a business broker.
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52. “Real estate sales contract" means an agreement in which one
party agrees to convey title to real estate to another party on the
satisfaction of specified conditions set forth in the contract.
53, "Real estate salesperson" means a natural person who acts on
the person's own behalf or through and on behalf of a professional limited
liability company or a professional corporation engaged by or on behalf of
a licensed real estate broker, or by or on behalf of a limited liability
company, partnership or corporation that is licensed as a real estate
broker, to perform any act or participate in any transaction in a manner
included in the definition of real estate broker subject to section
32-2155,
54. "Sale" or “Tease” includes every disposition, transfer, option
or offer or attempt to dispose of or transfer real property, or an
interest, use or estate in the real property, including offering the
property as a prize or gift if a monetary charge or consideration for
whatever purpose is required.
55. "Salesperson", when used without modification, means a natural
person who acts on the person's own behalf or through and on behalf of a
professional limited liability company or a professional corporation
licensed under this chapter or any person required to be licensed as a
salesperson under this chapter.
56. "School" means a person or entity that offers a course of study
toward completion of the education requirements leading to licensure or
renewal of licensure under this chapter.
57. “Stock cooperative” means a corporation to which all of the
following apply:
(a) The corporation is formed or used to hold title to improved
real property in fee simple or for a term of years.
(b) All or substantially all of the shareholders of the corporation
each receive a right of exclusive occupancy in a portion of the real
property to which the corporation holds title.
(c) The right of occupancy may only be transferred with the
concurrent transfer of the shares of stock in the corporation held by the
person having the right of occupancy.
58. “Subdivider”:
(a) Means any person who offers for sale or lease six or more lots,
parcels or fractional interests in a subdivision or who causes land to be
subdivided into a subdivision for the subdivider or for others, or who
undertakes to develop a subdivision.
(b) Does not include a public agency or officer authorized by law
to create subdivisions.
59. “Subdivision” or “subdivided lands":
(a) Means improved or unimproved land or lands divided or proposed
to be divided for the purpose of sale or lease, whether immediate or
future, into six or more lots, parcels or fractional interests.
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(b) Includes a stock cooperative, lands divided or proposed to be
divided as part of a common promotional plan and residential condominiums
as defined in title 33, chapter 9.
(c) Does not include:
(i) Leasehold offerings of one year or less.
(ii) The division or proposed division of land located in this
state into lots or parcels each of which is or will be thirty-six acres or
more in area including to the centerline of dedicated roads or easements,
if any, contiguous to the lot or parcel.
(iii) The leasing of agricultural lands or apartments, offices,
stores, hotels, motels, pads or similar space within an apartment
building, industrial building, rental recreational vehicle community,
rental manufactured home community, rental mobile home park or commercial
building.
(iv) The subdivision into or development of parcels, plots or
fractional portions within the boundaries of a cemetery that has been
formed and approved pursuant to this chapter.
(v) A sale or lease of a lot, parcel or fractional interest that
occurs ten or more years after the sale or lease of another lot, parcel or
fractional interest if the other lot, parcel or fractional interest is not
subject to this article and is treated as an independent parcel unless, on
investigation by the commissioner, there is evidence of intent’ to
subdivide.
60. "Timeshare" or "timeshare property" means real property
ownership or right of occupancy in real property pursuant to article 9 of
this chapter. For the purposes of this chapter, a timeshare is not a
security unless it meets the definition of a security under section
44-1801.
61. "TIMESHARE SALESPERSON" MEANS A NATURAL PERSON WHO ACTS UNDER
THE SUPERVISION OF A LICENSED REAL ESTATE BROKER TO SELL OR EXCHANGE
TIMESHARE PROPERTIES ON BEHALF OF A TIMESHARE PLAN DEVELOPER OR OTHER
PERSON.
Gt 62. "Trustee":
(a) Means a person who either:
(i) Is designated under section 32-2194.27 to act as a trustee for
an endowment-care cemetery fund.
(ii) Holds bare legal title to real property under a subdivision
trust.
(b) Does not include a developer, subdivider, broker or salesperson
within this chapter.
62> «#63. (\“Unimproved lot or parcel" means a lot or parcel of a
subdivision that is not an improved lot or parcel.
63> «#464. “Unsubdivided lands":
(a) Means land or lands divided or proposed to be divided for the
purpose of sale or lease, whether immediate or future, into six or more
lots, parcels or fractional interests and the lots or parcels are
thirty-six acres or more each but less than one hundred sixty acres each,
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or that are offered, known or advertised under a common promotional plan
for sale or lease, except that agricultural leases shall not be included
in this definition.
(b) Includes any land that is sold and that would otherwise
constitute the sixth lot, parcel or fractional interest if the sale occurs
ten or more years after the earliest of the previous five sales and if all
of the sales consist of property that was originally contained within the
same parcel that is thirty-six acres or more and less than one hundred
sixty acres.
Sec. 2. Section 32-2122, Arizona Revised Statutes, is amended to
read:
32-2122. License required of brokers and salespersons
This article applies to any person acting in the capacity of a:
Real estate broker.
Real estate salesperson.
Cemetery broker.
Cemetery salesperson.
Membership camping broker.
Membership camping salesperson.
TIMESHARE SALESPERSON.
It is unlawful for any person, corporation, partnership or
limited liability company to engage in any business, occupation or
activity listed in subsection A of this section without first obtaining a
license as prescribed in this chapter and otherwise complying with this
chapter.
C. A person, corporation, partnership or limited liability company
that is licensed as a salesperson or broker pursuant to this article or
that is engaging in any work for which a license is required under this
article is subject to the requirements of this chapter in performing any
acts included in the definition of a broker unless otherwise provided in
this chapter.
D. Except as otherwise provided in this subsection, any act, in
consideration or expectation of compensation, that is included in the
definition of a real estate broker, cemetery broker or membership camping
broker, whether the act is an incidental part of a transaction or the
entire transaction, constitutes the person offering or attempting to
perform the act of a real estate broker or real estate salesperson, a
cemetery broker or cemetery salesperson, A TIMESHARE SALESPERSON or a
membership camping broker or a~ membership camping salesperson within the
meaning of this chapter. A person who is not a licensee may collect
in-person rent and related fees for the use of real estate as part of the
person's clerical duties if the person works for a licensee, the rent
collection is on behalf of the licensee and the person provides a receipt
when rent is paid.
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Sec. 3. Section 32-2124, Arizona Revised Statutes, is amended to
read:
32-2124. Qualifications of licensees
A. Except as otherwise provided in this chapter, the commissioner
shall require proof, through the application or otherwise, as_ the
commissioner deems advisable with due regard to the interests of the
public, as to the competency of the applicant and shall require that the
applicant has:
1. If for an original real estate broker's license, been an active
licensed real estate salesperson or real estate broker for at least three
years during the five years immediately preceding the time of application.
2. If for an original cemetery broker's license, either a current
real estate broker's license, or if the applicant does not have a current
real estate broker's license, at least three years' actual experience as a
cemetery salesperson or cemetery broker or as a licensed real estate
salesperson or licensed real estate broker during the five years
immediately preceding the time of application.
3. If for an original membership camping broker's license, either a
current real estate broker's license, or if the applicant does not have a
current real estate broker's license, at least three years' actual
experience as a licensed membership camping salesperson or _ licensed
membership camping broker or as a licensed real estate salesperson or
licensed real estate broker during the five years immediately préceding
the time of application.
4. If for any type of broker's or salesperson's license, not had a
license denied within one year immediately preceding application in this
state pursuant to section 32-2153 or a similar statute in any other state.
5. If for any type of broker's or salesperson's license, not had a
license revoked within the two years immediately preceding application in
this state pursuant to section 32-2153 or a similar statute in any other
state.
6. If reapplying for a license that expired more than one year
before the date of application, met all current education and experience
requirements and retakes the examination the same as if the applicant were
applying for the license for the first time.
7. If for a real estate broker's, cemetery broker's or membership
camping broker's license, other than a renewal application, an equivalent
amount of active experience within the immediately preceding five years in
the field in which the applicant is applying for the broker's license, as
a substitute for the licensed active experience otherwise required in
paragraphs 1, 2 and 3 of this subsection. The licensed active experience
required may be met if the applicant can demonstrate to the commissioner's
satisfaction that the applicant has an equivalent amount of experience in
the past five years that, if the applicant had held a license, would have
been sufficient to fulfill the licensed experience requirement.
B. All applicants other than renewal applicants under’ section
32-2130 for a real estate salesperson's license shall show evidence
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satisfactory to the commissioner that they have completed a real estate
salesperson’s course that is prescribed and approved by the commissioner
and that is at least ninety classroom hours, or the equivalent, of
instruction in a real estate school certified by the commissioner and have
satisfactorily passed an examination on the course. An applicant may
complete the real estate salesperson's course prescribed by this
subsection through a live classroom course or a distance learning course
if the live classroom course or distance Tearning course is offered by a
real estate school that is certified by the commissioner. The applicant
must complete a proctored examination on the live classroom course or the
distance learning course in person. An applicant may complete the
required course or instructional segments in any combination of in-person
or synchronous remote delivery methods. The real estate salesperson's
course completion or its equivalent may not be more than ten years before
the date of application uniess, at the time of application, the
commissioner determines in the commissioner's discretion that’ the
applicant has work experience in a real estate-related field and education
that together are equivalent to the prelicensure education
requirement. Except as provided in section 32-4302, the commissioner may
waive all or a portion of the prelicensure course requirement, other than
the twenty-seven-hour Arizona-specific course, for an applicant who holds
a current real estate license in another state.
C. All applicants other than renewal applicants under section
32-2130 for areal estate broker's license shall show evidence
satisfactory to the commissioner that they have completed a real estate
broker's course that is prescribed and approved by the commissioner and
that is at least ninety classroom hours, or the equivalent, of instruction
in a real estate school certified by the commissioner and have
satisfactorily passed an examination on the course. An applicant may
complete the real estate broker’s course prescribed by this subsection
through a live classroom course or a distance learning course if the live
classroom course or distance learning course is offered by a real estate
school that is certified by the commissioner. The applicant must complete
a proctored examination on the live classroom course or distance learning
course in person. An applicant may complete the required course or
jnstructional segments in any combination of in-person or synchronous
remote delivery methods. The real estate broker's course completion or
its equivalent may not be more than ten years before the date of
application unless, at the time of application, the commissioner
determines in the commissioner's discretion that the applicant has work
experience in a real estate-related field and education that together are
equivalent to the prelicensure education requirement. Except as provided
in section 32-4302, the commissioner may waive all or a portion of the
prelicensure course requirement, other than the twenty-seven-hour
Arizona-specific course, for an applicant who holds a current real estate
license in another state.
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D. Before receiving any license provided for by this chapter, an
applicant must be at least eighteen years of age.
E. The commissioner shall ascertain by a written, electronic or
other examination method that an applicant for a real estate license has:
1. An appropriate knowledge of the English language, including
reading, writing and spelling, and of arithmetical computations common to
real estate practices.
2, At a minimum, an understanding of the general purpose and legal
effect of any real estate practices, principles and related forms,
including agency contracts, real estate contracts, deposit receipts,
deeds, mortgages, deeds of trust, security agreements, bills of sale, land
contracts of sale and property management, and of any other areas that the
commissioner deems necessary and proper.
3. A thorough understanding of the obligations between principal
and agent, the principles of real estate and business opportunity
practice, the applicable canons of business ethics, this chapter and rules
adopted pursuant to this chapter.
4. An appropriate knowledge of other real estate practices and
principles as determined by the commissioner.
F. The commissioner shall ascertain by a written, electronic or
other examination method that an applicant for a license as a cemetery
broker or a cemetery salesperson has:
1. Appropriate knowledge of the English language, including
reading, writing and spelling, and of elementary arithmetic.
2. A general understanding of:
(a) Cemetery associations, cemetery corporations and duties of
cemetery directors and officers.
(b) Plot ownership, deeds, certificates of ownership, contracts of
sale, liens and leases.
(c) Establishing, dedicating, maintaining, managing, operating,
improving, preserving and conducting a cemetery.
(d) The provisions of this chapter and rules adopted pursuant to
this chapter relating to the organization and regulation of cemeteries and
the licensing and regulation of cemetery brokers and cemetery
salespersons.
3. A general understanding of the obligations between principal and
agent, the principles of cemetery practice and the canons of business
ethics pertaining to the operation of cemeteries and the sale of cemetery
property.
G. The commissioner shall ascertain by a written, electronic or
other examination method that an applicant for a license as a membership
camping broker or a membership camping salesperson has:
1, An appropriate knowledge of the English language, including
reading, writing and speliing, and of elementary arithmetic.
2. A general understanding of:
(a) The general purposes and legal effect of contracts and agency
contracts.
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(b) Establishing, maintaining, managing and operating a membership
campground.
(c) The provisions of this chapter and rules adopted pursuant to
this chapter relating to the organization and regulation of membership
campgrounds and the licensing and regulation of membership camping brokers
and membership camping salespersons.
3. A general understanding of the obligations between principal and
agent and the canons of business ethics pertaining to the operation and
promotion of membership campgrounds.
H. THE COMMISSIONER MAY ADOPT RULES THAT SPECIFY THE REQUIREMENTS
OF EXAMINATION PREPARATION COURSES FOR APPLICANTS FOR’ TIMESHARE
SALESPERSON LICENSES. THE EXAMINATION PREPARATION COURSE AND’ THE
TIMESHARE EXAMINATION SHALL BE LIMITED TO THOSE SPECIFIC REAL ESTATE LAWS,
REGULATIONS, BUSINESS PRACTICES AND CANONS OF BUSINESS ETHICS THAT ARE
DIRECTLY RELATED TO THE SALE OF TIMESHARE INTERESTS IN THIS STATE. THE
COMMISSIONER SHALL ASCERTAIN BY A WRITTEN, ELECTRONIC OR OTHER EXAMINATION
METHOD THAT AN APPLICANT FOR A LICENSE AS A TIMESHARE SALESPERSON MEETS
BOTH OF THE FOLLOWING:
1. HAS AN APPROPRIATE KNOWLEDGE OF ELEMENTARY ARITHMETIC AND OF THE
ENGLISH LANGUAGE, INCLUDING READING, WRITING AND SPELLING.
2. HAS A GENERAL UNDERSTANDING OF ALL OF THE FOLLOWING:
(a) THE PROVISIONS OF THIS CHAPTER AND THE RULES ADOPTED PURSUANT
TO THIS CHAPTER THAT RELATE TO THE DEVELOPMENT OF TIMESHARE PROPERTIES,
THE ORGANIZATION AND REGULATION OF TIMESHARE PROPERTIES, THE SALE OR
EXCHANGE OF TIMESHARE PROPERTIES, THE LICENSING AND REGULATION OF
TIMESHARE SALESPERSONS AND THE ROLE OF LICENSED REAL ESTATE BROKERS IN
REVIEWING AND APPROVING TIMESHARE SALES OR EXCHANGES.
(b) TIMESHARE OWNERSHIP METHODS, INCLUDING DEEDS, CERTIFICATES OF
OWNERSHIP AND CONTRACTS OF SALE, LEASES OF TIMESHARE PROPERTIES AND LIENS
AND FORECLOSURE OF TIMESHARE INTERESTS.
(c) THE CANONS OF BUSINESS ETHICS PERTAINING TO THE OPERATION OF
TIMESHARE PROPERTIES AND THE SALE AND EXCHANGE OF TIMESHARE PROPERTIES.
ty I. A renewal applicant for a real estate broker's, cemetery
broker's or membership camping broker's or real estate salesperson's,
cemetery salesperson's, or membership camping salesperson's OR TIMESHARE
SALESPERSON'S license is not required to submit to an examination if the
application is made within twelve months after the license expires and the
license is not canceled, terminated or suspended at the time of
application.
t> J. The examination for a broker's’ license shall be more
exacting and stringent and of a broader scope than the examination for a
salesperson's license.
d> K. An applicant for a real estate salesperson's or real estate
broker's license who currently holds at least an equivalent license in
another state is exempt from taking the national portion of the real
estate examination pursuant to section 32-4302.
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K> L. Identification of each applicant whose licensing requirement
was allowed to be met by an equivalent alternative pursuant to this
section shall be included in the annual performance evaluation presented
by the board to the governor pursuant to section 32-2104.
ty M. An applicant for an original real estate salesperson's
license, after completing the requirements of subsection B of this
section, shall provide certification to the department at the time of
application evidencing completion of six hours of instruction in real
estate contract law and contract writing. This instruction shall include
participation by the applicant in drafting contracts to purchase real
property, listing agreements and lease agreements.
tt> N. The commissioner shall not issue a license to a person who
has been convicted of a felony offense and who is currently incarcerated
for the conviction, paroled or under community supervision and under the
supervision of a parole or community supervision officer or who is on
probation as a result of the conviction.
tir 0. The commissioner shall require an out-of-state applicant for
a license that is issued pursuant to section 32-4302 to pass an
examination specific to the laws of this state relating to this chapter
before the commissioner issues the license to the applicant.
Sec. 4. Section 32-2125.01, Arizona Revised Statutes, is amended to
read:
32-2125.01. Issuance of license; multiple licenses; use
A. When the requirements for application, examination and payment
of fees are completed to the satisfaction of the commissioner, the
commissioner shall issue the license applied for to the applicant. Any
person who has passed the state examination for broker or salesperson must
become licensed within one year [from] [AFFER] the date of the
examination. Failure to comply with this section will necessitate the
submission to and passing of another examination.
B. Not more than one license shall be issued and outstanding to or
in favor of a licensee at any one time, except that a person WHO IS
licensed as a real estate broker or real estate salesperson may engage in
cemetery, ur membership camping OR TIMESHARE sales activities without
being separately licensed to engage in these activities. A real estate
licensee may have only one employing broker in each of the following
LICENSING categories:
1. Cemetery [SAtES].
2. Membership camping [SAtES].
3. Real estate [SAtES].
4. TIMESHARE [SAtES].
C. A designated or employing real estate broker may engage in
cemetery or membership camping sales activities and may employ cemetery
amt SALESPERSONS, membership camping salespersons and associate brokers
without being separately licensed as a cemetery or BROKER, CEMETERY
SALESPERSON, membership camping broker or MEMBERSHIP CAMPING salesperson.
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Sec. 5. Section 32-2130, Arizona Revised Statutes, is amended to
read:
32-2130. Renewal of licenses; education requirements; broker
licensee renewal as salesperson licensee
A. Except as provided in subsection K of this section, a license
may be renewed in a timely manner by filing an application for renewal in
the manner prescribed by the commissioner, by paying the renewal fee
specified in this chapter and by presenting evidence of attendance at a
school certified by the commissioner during the preceding license period
of twenty-four credit hours for salespersons and associate brokers and
thirty credit hours for designated brokers or for associate brokers
employed by a designated broker pursuant to section 32-2151.01, subsection
G, or a lesser number of credit hours prescribed by the commissioner, of
real estate oriented continuing education courses prescribed and approved
by the commissioner. The total number of credit hours shall be accrued at
a rate of twenty-four credit hours for salespersons and associate brokers
and thirty credit hours for designated brokers or for associate brokers
employed by a designated broker pursuant to section 32-2151.01, subsection
G during each twenty-four-month period of licensure. The department shall
maintain a current list of approved courses. The commissioner may waive
all or a portion of the continuing education requirement for good cause
shown. The commissioner shall determine by rule the content of the
renewal credit’ hours. The renewal credit hours may include the
commissioner's current topics, including short sales. For the purposes of
this subsection, "short sales" means real estate transactions in which the
sales price is insufficient to pay the loan encumbering the property in
addition to the costs of sale and the seller is unable to pay the
difference.
B. If an applicant is renewing a license within one year after it
expired, the applicant may apply continuing education hours completed
after the expiration toward the continuing education required for renewal.
C. Each renewal application shall contain, as applicable, the same
information required in an original application pursuant to section
32-2123).
D. Cemetery brokers and salespersons and membership camping brokers
and salespersons are exempt from the educational requirements of this
section.
E. This section does not require a licensee to attend department
produced or sponsored courses if approved courses are otherwise available.
F. Between the expiration date of the license and the date of
renewal of the license, the rights of the licensee under the license
expire. While the license is expired it is unlawful for a person to act
or attempt or offer to act in a manner included in the definition of a
real estate BROKER OR REAL ESTATE SALESPERSON, A TIMESHARE SALESPERSON, A
cemetery BROKER OR CEMETERY SALESPERSON or A membership camping broker or
MEMBERSHIP CAMPING salesperson. If the license of an employing broker
expires under this subsection, the licenses of persons who are employed by
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the employing broker shall be severed from the employing broker on the
license expiration date of the employing broker. These persons may be
rehired on renewal of the employing broker's license. The department
shall terminate a license that has been expired for more than one year.
G. Except as provided in section 32-4301, not more than one year
after the license expiration date, the department shall renew a license
without requiring the applicant to submit to an examination if the
applicant held a license that was not canceled or suspended at the time of
expiration. Except as provided in section 32-4301, the license period for
a license renewed pursuant to this subsection commences the day after the
expiration date of the expired license. Except as provided in section
32-2131, subsection A, paragraph 4 or 6, an applicant whose license has
been terminated or revoked does not qualify for license renewal.
H. Any employee or immediate family member of any employee of this
state who, pursuant to section 32-2110 or any other Taw, rule or
requirement, is prohibited from using a license issued under this chapter
shall have, on the request of the employee or family member, the license
placed on inactive status, shall have the right to renew the license and
shall not be required to pay further fees until the employee or family
member is again eligible to use the license. Renewal fees for the license
shall not be required for only as Tong as the employee or family member is
prohibited from using the license.
I. The department shall not renew the license of a person who has
been convicted of a felony offense and who is currently incarcerated for
the conviction, paroled or under community supervision and under the
supervision of a parole or community supervision officer or who is on
probation as a result of the conviction. This subsection does not limit
the commissioner's authority and discretion to deny the renewal for any
other reason pursuant to this chapter.
J. A real estate broker licensee may renew as a real estate
salesperson licensee without having to meet the requirements prescribed by
section 32-2124, subsection B. If a person renews as a real estate
salesperson pursuant to this subsection, the person shall pay the
salesperson's renewal fee as prescribed in section 32-2132. If the person
subsequently wants to obtain a real estate broker license, the person must
meet the requirements of this chapter, including the requirements
prescribed by section 32-2124, subsection C.
K. A licensee with an jnactive license does not need to complete
continuing education credit hours during the period that the license is
inactive. If the licensee applies with the department to change the
license status to active:
1. The commissioner may require the licensee to complete continuing
education credit hours before activating the license.
2. In addition to the continuing education requirement described in
paragraph 1 of this subsection, if the license has been inactive for more
than fifteen years, the commissioner shall require that the applicant
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successfully pass an examination specific to the laws of this state
relating to this chapter before activating the license.
L. One year before the fifteen-year period described in subsection
K, paragraph 2 of this section expires, the department shall send a notice
to a licensee with an inactive license. The notice shall be sent to the
licensee's last known address of record maintained by the department and
shall disclose the requirements of subsection K of this section.
Sec. 6. Title 32, chapter 20, article 2, Arizona Revised Statutes,
is amended by adding section 32-2134.02, to read:
32-2134.02. Timeshare salesperson certificate of convenience
NOTWITHSTANDING ANY OTHER LICENSING REQUIREMENT PURSUANT TO THIS
CHAPTER, THE COMMISSIONER MAY ISSUE A ONETIME THIRTY-DAY CERTIFICATE OF
CONVENIENCE WITHOUT EXAMINATION TO ANY PERSON WHO HAS APPLIED AND
OTHERWISE QUALIFIES FOR A TIMESHARE SALESPERSON'S LICENSE. AN EMPLOYING
TIMESHARE PLAN DEVELOPER'S DESIGNATED BROKER SHALL CERTIFY BY AFFIDAVIT TO
THE COMMISSIONER THAT THE TIMESHARE SALESPERSON APPLICANT WILL BE TRAINED
IN APPLICABLE TIMESHARE AND CONTRACT LAWS BEFORE PARTICIPATING IN ANY
OFFER OR SALE.
Sec. 7. Section 32-2153, Arizona Revised Statutes, is amended to
read:
32-2153. Grounds for denial, suspension or revocation of
licenses: letters of concern; provisional license;
retention of _jurisdiction by commissioner;
definitions
A. The commissioner may suspend or revoke a license, deny the
issuance of a license, issue a letter of concern to a licensee, issue a
provisional license or deny the renewal or the right of renewal of a
license issued under this chapter if it appears that the holder or
applicant, within five years immediately preceding, in performing or
attempting to perform any acts authorized by the license or by this
chapter, has:
1. Pursued a course of misrepresentation or made false promises,
either directly or through others, whether acting in the role of a
licensee or a principal in a transaction.
2. Acted for more than one party in a transaction without the
knowledge or written consent of all parties to the transaction.
3. Disregarded or violated any of the provisions of this chapter or
any rules adopted by the commissioner.
4. Knowingly authorized, directed, connived at or aided in the
publication, advertisement, distribution or circulation of any material
false or misleading statement or representation concerning the licensee's
business or any land, cemetery property, subdivision or membership
campground or camping contract offered for sale in this or any other
state.
5. Knowingly used the term “real estate broker", “cemetery broker"
or “membership camping broker" without the legal right to do so.
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6. Employed any unlicensed salesperson or unlicensed associate
broker.
7. Accepted compensation as a licensee for performing any of the
acts specified in this chapter from any person who is not authorized to
provide compensation pursuant to section 32-2155.
8. Represented or attempted to represent a broker other than the
broker to whom the salesperson or associate broker is licensed.
9. Failed, within a reasonable time, to account for or to remit any
monies, to surrender to the rightful owner any documents or other valuable
property that comes into the licensee's possession and that belongs to
others, or to issue an appraisal report on real property or cemetery
property in which the licensee has an interest, unless the nature and
extent of the interest are fully disclosed in the report.
10. Paid or received any rebate, profit, compensation or commission
in violation of this chapter.
11. Induced any party to a contract to break the contract for the
purpose of substituting a new contract with the same or a different
principal, if the substitution is motivated by the personal gain of the
licensee.
12. Placed a sign on any property offering it for sale or for rent
without the written authority of the owner or the owner's authorized
agent.
13. Solicited, either directly or indirectly, prospects for the
sale, lease or use of real property, cemetery property or membership
camping contracts through a promotion of a speculative nature involving a
game of chance or risk or through conducting lotteries or contests that
are not specifically authorized under this chapter.
14, Failed to pay to the commissioner the renewal fee as specified
in this chapter promptly and before the time specified.
15. Failed to keep an escrow or trust account or other record of
monies deposited with the licensee relating to a real estate transaction.
16. Commingled the monies or other property of the licensee's
principal or client with the licensee's own or converted these monies or
property to the licensee or another.
17. Failed or refused on demand to produce any document, contract,
book, record, information, compilation or report that is in the licensee's
possession or that the licensee is required by law to maintain concerning
any real estate, cemetery or membership camping business, services,
activities or transactions involving or conducted by the licensee for
inspection by the commissioner or the commissioner's representative.
18. Failed to maintain a complete record of each transaction that
comes within this chapter.
19. Violated the federal fair housing law, the Arizona civil rights
law or any local ordinance of a similar nature.
20. Tendered to a buyer a wood infestation report in connection
with the transfer of residential real property or an interest in
residential real property knowing that wood infestation exists or that the
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wood infestation report was inaccurate or false as of the date of the
tender or that an inspection was not done in conjunction with the
preparation of the wood infestation report.
21. As a licensed broker, failed to exercise reasonable supervision
over the activities of salespersons, associate brokers or others under the
broker's employ or failed to exercise reasonable supervision and control
over the activities for which a license is required of a corporation,
limited liability company or partnership on behalf of which the broker
acts as designated broker under section 32-2125.
22. Demonstrated negligence in performing any act for which a
license is required.
23. Sold or leased a property to a buyer or lessee that was not the
property represented to the buyer or lessee.
24. Violated any condition or term of a commissioner's order.
25. Signed the name of another person on any document or form
without the express written consent of the person.
26. As a licensed school, failed to exercise reasonable supervision
over the activities for which a license is required for an _ owner,
director, administrator or instructor in the school's employ.
B. The commissioner may suspend or revoke a license, deny the
issuance of a license, issue a letter of concern to a licensee, issue a
provisional license or deny the renewal or the right of renewal of a
license issued under this chapter if it appears that the holder or
applicant has:
1. Procured or attempted to procure a license under this chapter
for the holder or applicant or another by fraud, misrepresentation or
deceit or by filing an original or renewal application that is false or
misleading.
2. Been convicted in a court of competent jurisdiction in this or
any other state of a felony or of any crime of forgery, theft, extortion,
conspiracy to defraud, a crime of moral turpitude or any other like
offense.
3. Made any substantial misrepresentation.
4. Made any false promises of a character likely to influence,
persuade or induce.
5. Been guilty of any conduct, whether of the same or a different
character than specified in this section, that constitutes fraud or
dishonest dealings.
6. Engaged in the business of a real estate broker, cemetery broker
or membership camping broker or real estate salesperson, TIMESHARE
SALESPERSON, cemetery salesperson or membership camping’ salesperson
without holding a license as prescribed in this chapter.
7. Demonstrated incompetence to perform any duty or requirement of
a licensee under or arising from this chapter. For the purposes of this
paragraph, "incompetence" means a lack of basic knowledge or skill
appropriate to the type of license the person holds or a failure to
appreciate the probable consequences of the licensee's action or inaction.
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House Amendments to H.B. 2877
OnNaOHR WDM eE
8. Violated the terms of any criminal or administrative order,
decree or sentence.
9. Violated any federal or state law, regulation or rule that
relates to real estate or securities or that involves forgery, theft,
extortion, fraud, substantial misrepresentation, dishonest dealings or
violence against another person or failure to deal fairly with any party
to a transaction that materially and adversely affected the transaction.
This paragraph applies equally to violations of which the licensee was
convicted in any lawful federal or state tribunal and to any admissions
made in any settlement agreement by the licensee to violations.
10. Failed to respond in the course of an investigation or audit by
providing documents or written statements.
C. A judgment based on a court's finding or stipulation of fraud by
a licensee following a trial on the merits or a criminal conviction of a
licensee that results in a payment from the real estate recovery fund is
prima facie evidence of a violation and grounds for discipline under this
section.
D. The commissioner may deny, suspend or revoke the issuance of a
license on application by a corporation, a limited liability company or a
partnership if it appears that an owner, officer, director, member,
manager, partner, stockholder owning ten percent or more of the stock in
the corporation or limited liability company or person exercising control
of the entity is a current or former licensee whose license as a broker or
a salesperson has been denied, suspended or revoked.
E. The lapsing or suspension of a license by operation of law or by
order or decision of the commissioner or a court of law or the voluntary
surrender of a license by a licensee does not deprive the commissioner of
jurisdiction to do any of the following:
1. Proceed with any investigation of or action or disciplinary
proceeding against the licensee.
2. Render a decision suspending or revoking the license or denying
the renewal or right of renewal of the license.
3. Assess a civil penalty pursuant to section 32-2160.01.
F. For the purposes of this section:
1. “Letter of concern" means an advisory letter to notify a
licensee that, while the conduct or evidence does not warrant disciplinary
action, the commissioner believes that the licensee should modify or
eliminate certain practices and that continuation of the activities may
result in disciplinary action against the licensee.
2. "Provisional license" means a license that the department issues
and that allows a licensee to practice subject to either a consent order
as prescribed in section 32-2153.01 or the commissioner's’ terms,
conditions and restrictions.
Sec. 8. Legislative intent
The legislature intends to:
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House Amendments to H.B. 2877
1. Establish a separate type of real estate license under the state
real estate department for individuals who are retained exclusively to
assist others in purchasing, selling and exchanging timeshare interests.
2. Narrow the scope of the training and the examination
requirements for applicants for timeshare salesperson licenses and thereby
reduce the barriers for employment while protecting the public by
requiring that all purchases, sales and exchanges of timeshare interests
be performed under the purview of a licensed real estate broker and in
9 full compliance with the specified statutory and regulatory requirements
10 applicable to timeshare sales.
11 Sec. 9. Effective date
12 This act is effective from and after June 30, 2027.
OnNOOHP WM PE
13. Enroll and engross to conform
14. Amend title to conform
JEFF WENINGER
2877WENINGER. docx
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2877
DATE February 03, 2026 MOTION: DPA
PASS AYE NAY PRESENT | ABSENT
Aguilar S
Blackman N f
Carter N WA
Cavero \ /
Connolly S
Diaz \ /
Hendrix \ /.
Villegas v4
Wilmeth \ /
Way, Vice-Chairman VA
Weninger, Chairman vA
(( O O O
PPROVED: COMMITTEE YECRETARY
(1 4___——ee
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
ATTACHMENT 22
ARIZONA HOUSE OF REPRESENTATIVES
57th Legislature, 2nd Regular Session
Majority Research Staff
HB 2910: registrar of contractors; administrative recovery
Sponsor: Representative Hendrix, LD 14
Committee on Commerce
Overview
Changes the amount of time in which the contractor's right to contest is deemed waived.
History
The Registrar of Contractors (ROC) licenses and regulates residential and commercial
contractors. The ROC is required to: 1) classify and qualify applicants for a license; 2) change
the license classification in the case of a title reclassification; 3) conduct investigations to
protect the health and safety of the public; and 4) establish written examinations to protect
the health and safety of the public.
The ROC also oversees the Residential Contractor's Recovery Fund, which pays claims of up
to $30,000 to homeowners who have been financially harmed by a licensed contractor. The
Recovery Fund is financed mainly by a contractor-paid assessment when they obtain or
renew their licenses (Title 32, Article 2.1, A.R.S.).
The ROC may order payment from the Recovery Fund to remedy a violation that caused a
contractor's license to be revoked or suspended. The ROC must serve the contractor a notice
setting forth the amount claimed or to be awarded. If the contractor contests the amount or
propriety of the payment, the contractor must respond in writing within 10 days after the
date of service by requesting a hearing to determine the amount or propriety of the payment.
A contractor's failure to respond within 10 days after the date of service may be deemed as a
waiver of the right to contest (A.R.S. § 32-1133.01).
Provisions
1. Increases, from 10 days to 20 days, the amount of time for which the contractor's failure
to respond is deemed a waiver of the right to contest. (Sec. 1)
0 Prop 105 (45 votes) O Prop 108 (40 votes) O Emergency (40 votes) UO Fiscal Note
Initials PB HB 2910
1/28/2026 Page 1 Commerce
Attachment 33
—$$___.
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - Second Regular Session
COMMITTEE ON
ROLL CALL VOTE
Commerce
BILLNO. HB 2910
DATE February 03, 2026
MOTION: H eel
PASS
AYE
NAY PRESENT | ABSENT
Aguilar
Blackman
Carter N
Cavero
Connolly
Diaz
Hendrix
Villegas
Wilmeth
Way, Vice-Chairman
Weninger, Chairman
“MAC
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman
Mesbu es Bt hired
COMMITTEE SRCRETARY
ATTACHMENT
au
Attachment
File and source
- File
- 2026-02-03_commerce-minutes.pdf
- Size
- 27,427,383 bytes
- SHA-256
- 29cca082e891dbf060082ac56f66ead4dbe2f0b2d16f40f14af35cdd3d915201
- Our copy
- 2026-02-03_commerce-minutes.pdf
- Original
- www.azleg.gov