Arizona House of Representatives Committee on Regulatory Affairs Meeting Minutes and Report

Summary

The report of a regular meeting of the Arizona House of Representatives Committee on Regulatory Affairs, Fifty-fourth Legislature, Second Regular Session, held Monday, February 3, 2020, chaired by Mr. Grantham. The report lists the members present and the committee action on five bills: HB2313 (fire sprinklers; existing buildings; prohibition), HB2359 (license denial prohibited; drug convictions), HB2389 (public nuisance; noise; evidence), HB2627 (timeshares; public reports; purchase contracts) and HB2713 (agency actions; procedures; fee awards). Its attachments include the meeting agenda and a Request to Speak report listing those who registered support, opposition or neutral positions on HB2313, with their written comments. The document closes with a bill summary of HB2713 and the committee roll call vote on HB 2713.

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

Full text

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

COMMITTEE ON REGULATORY AFFAIRS

Report of Regular Meeting
Monday, February 3, 2020
House Hearing Room 5 -- 2:00 P.M.

Convened 2:29 P.M.
Recessed
Reconvened
Adjourned 3:43 P.M.

Members Present

Mr. Blackman

Ms. Powers Hannley

Mr. Shah

Mrs. Teran

Mr. Toma

Ms. Nutt, Vice-Chairman
Mr. Grantham, Chairman

Agenda
Original Agenda — Attachment |

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Presentations
Name Organization

Committee Action

Bill Action
HB2313. DPA
HB2389 DP
HB2627. DP
HB2359 DPA
HB2713. DP

MINUTES RECEIVED
GHIEF CLERK'S OFFICE

QA~Y-AO

Members Absent
Attachments (Handouts)
Vote Attachments
4-3-0-0 4,5,6
5-1-1-0 7,8
7-0-0-0 9,10

7-0-0-0 11,12,13
4-3-0-0 14,15

Susan Hite, Committee Secretary
February 4, 2020

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

COMMITTEE ON REGULATORY AFFAIRS
February 3, 2020

REVISED - 2/03/20 REVISED - 2/03/20 REVISED - 2/03/20

ARIZONA HOUSE OF REPRESENTATIVES C onv. & 24 mm

Fifty-fourth Legislature - Second Regular Session

; ZUR
REGULAR MEETING AGENDA ry a SS! re

COMMITTEE ON REGULATORY AFFAIRS

DATE Monday, February 3, 2020 ROOM HHR5 TIME 2:00 P.M.
Members:
Mr. Blackman Mrs. Teraén Ms. Nutt, Vice-Chairman
Ms. Powers Hannley Mr. Toma Me-Roberts;-Vice-Ghaitman —
Mr. Shah Mr. Grantham, Chairman
Bills Short Title Strike Everything Title
fHB2313 fire sprinklers; existing buildings; prohibition

J
Leon. (Grantham)

42.0.9 RA, RULES

+ HB2359 license denial prohibited; drug convictions
dog (Toma)
N00. 2 RA: RULES

2HB2389 public nuisance; noise; evidence

dp (Townsend)
S.)-)-O RA, RULES

HB2627 timeshares; public reports; purchase contracts
i)
de (Bolick: Biasiueci, Blackman, et al)
9-0-0-0 RA, RULES

g HB2713 a agency actions; procedures; fee awards
iP __ (Grantham: Pierce)
Wy FY RA, RULES
ORDER OF BILLS TO BE SET BY THE CHAIRMAN
Attachment_|
Sh 04/28/2620
02/03/2020

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility. If you require accommodations, please contact the Chief Clerk's Office at
(602) 926-3032 or through Arizona Relay Service 7-1-1.

Page 1 of 1

Information Registered on the Request to Speak System

House Regulatory Affairs (2/3/2020)

HB2313, fire sprinklers: existing buildings: prohibition

Testified in support:
Dan Bogert, AZ RESTAURANT ASSOCIATION

Testified as opposed:
Michael Colletto, PROFESSIONAL FIRE FIGHTERS OF AZ; Nick Ponder, LEAGUE OF ARIZONA CITIES & TOWNS

Support:

Terrance Traylor, representing self; Jose Borrajero, representing self; Kay Reardon, representing self; Lynne
Weaver, representing self; Rose Sperry, representing self; Susan Hicks, representing self; Jered Skousen,
representing self; James Dutton , representing self; Jennifer Wellsman, representing self; Nan Nicoll, representing
self; JoAnn Dutton, representing self; Johanna Haver, representing self; George Moriarty, representing self; Walter
Steiner, representing self; Ed Sangalli, representing self; Barry Aarons, representing self

Neutral:
John Flynn, representing self

Oppose:

Kelly Rostan, representing self; kathleen mayer, representing self; Brad Lundaht, SCOTTSDALE, CITY OF; Alison
Porter, representing self; Rivko Knox, representing self; Steve Ramos, representing self; Karen McClelland,
representing self; Judith Simons, representing self; Robert McCormick, representing self; Mary Pradelt,
representing self; howard johnson, representing self; Janet Larkin, representing self; Rebecca Smith Gross,
representing self; marilyn duerbeck, representing self; Victor Peterson, representing self; Eve Shapiro, representing
self; Doug Arnold , representing self; Dianne Post, representing self; Brian Bickel, representing self; Susan Bickel,
representing self; Elizabeth Putnam-Hidalgo, representing self; Miranda DeWitt, MESA, CITY OF; Jenise Porter,
representing self; Jamie Wolgast, representing self; Bryna Koch, representing self; Helen Kim, representing self;
Catherine Sigmon, representing self; Laura Hudson, representing self; Kathryn Kaczmarek, representing self; Susan
Arnold, representing self; Andy Hall, representing self; Cathleen Bohnlein, representing self; Dale Wiebusch,
MARICOPA, CITY OF; Efizabeth Schauer, representing self; Elizabeth Goff, representing self; Gail Kamaras,
representing self; Ruth Lambert, representing self; Barbara Oliver, representing self; Kristin Clark, representing
self; Cynthia Hans, representing self; iain Hamp, representing self; Tom McConnell, representing self; Barbara
Hutchinson, representing self; Ginger Hamp, representing self; Marcie Stone, representing self; Becky Sayler,
representing self; Susan Morris, representing self; Krista McKinney, representing self; Brent Gibbs, representing
self; Maureen Dowling, representing self; Julie Golding, representing self; Karen VanAllen, representing self;
Megan Astudillo, representing self; Kristin Roberts, representing self; Melinda Sims, representing self; Carrie
Landau, representing self; Linda Reichert, representing self; Cynthia Lehigh, representing self; Marlene Verdery,
representing self; Claire Ellington, representing self; Linda Edwards, representing self; Kimberlee McClure,
representing self; irene Hunting, representing self; Mary Martiniak, representing self; Lucy Marshall, representing
self; Truly Bone, representing self; Korey Hjelmeir, representing self; Kimberlee Holaway, representing self; Ryan

Attachment_2

Anderson, representing self; Susan Anderson, representing self; Debra Cabell, representing self; Mary Radcliffe,
representing self; Janet Senf, representing self; Whitney Johnson, representing self; Marilyn Coyle, representing
self; Beverly Berg, representing self; Penny Boone, representing self; Margaret Winchell, representing self; Laurie
Nerat, representing self; Susanne Rose Muller, representing self; Ralph Meredith, representing self; Gayle
Meredith, representing self; Wiliam Kelly, representing self; Merri Lisa Trigilio, representing self; Anne Leota Hart,
representing self; janice sandoz, representing self; Mary Santy, representing self; Diane Lings, representing self;
GARY LEW OLIVER, representing self; Kathleen O'Neill, representing self; Margaret Adams , representing self;
Carolyn Pommier, representing self; Joan Mason, representing self; Susan Cook, representing self; Jeffrey Fortney,
representing self; Mary Fortney, representing self; Marilyn Childs, representing self; Joan Marie Beverstock,
representing self; Virginia Dotson, representing self; Greer Warren, representing self; Dorothy Schumacher,
representing self; Lori Cinnamond, representing self; Hayley Stenger, representing self; Nancy Santori, representing
self; Tamar Rala Kreiswirth, representing self; Sue Thorne, representing self; Margaret DeVries, representing self;

Bradly Duell, representing self; John Flynn, AZ FIRE DISTRICT ASSN; Mary-Jeanne Fincher, representing self; Carrie L.

Goode, representing self; Nickolas Stenger, representing self; Barbara Lynn Carpenter, representing self; Elizabeth
Miles Packard, representing self; William S. James, representing self; Stephen Coyle, representing self; Sabrina
Wishart, representing self; Paisley Rossetti, representing self; Kelli Lang, representing self; John Babicz,
representing self; Norman Fuchs, representing self; Pamela Thompson, representing self; John Stuckey,
representing self; Mary Nelson, representing self; Susan Phelps, representing self; Teresa Neiberg, representing
self; Howard Neiberg, representing self; Karen Harris, representing self; Caroline Anderson, representing self;
Margaret Nichols, representing self; Roberta Kithcart, representing self; David Patchen, representing self; Susan
Knopp, representing self; Peter Byrd, representing self; Gary Rulapaugh, representing self; Linda Petersen-Vargas,
representing self; Emmie Cardella, representing self; irene Arango, representing self; Abby Brill, representing self;
Margaret Owen, representing self; Mary Benin, representing self; Sharon Haynes, representing self; Charlotte Lis,
representing self; Carol Trunnell, representing self; Janice Counts, representing self; Suzanne Mallamo,
representing self; Michael Weingarten, representing self; Helen Herziger, representing self; Yesenia Dhott,
PHOENIX, CITY OF; Margaret Bruns, representing self; Robert Fisher, representing self; Mary Gaudio, representing
self; Ellen Toigo, representing self; Roy Verdery, representing self; Caro] Garnett, representing self; Cynthia Cook-
Keller, representing self; Sandra Rizzo, representing self; Laurie Munn, representing self; Barbara Patchen,
representing self; Danielle Pollett, representing self; Kate Van Roekel, representing self; Constance Brunt,
representing self; Margaret Lacey, representing self; Carol Stafford , representing self; Sandy McCoy, representing
self; Linda Block, representing self; Susan Hernandez, representing self; Margaret Hendrickson, representing self;
Janet Herbert, representing self; Diane Nevill, representing self; Erin McCamish, representing self; Martha Schulte-
Nafeh, representing self; Dave Tanguay, representing self; Elizabeth Lyons, representing self; Daniel DeVries,
representing self; Mary Keerins, representing self; Marie Williams, representing self; Frederique Delhaye,
representing self; Steve Marks, representing self; Cynthia Wagner, representing self; Nancy Hancock, representing
self; kathleen martin, representing self; Charles Albrecht, representing self; Barbara Hollway, representing self;
Melanie Kishi, representing self; Austin Kerr, representing self; Beverly Cameron, representing self; Jane Atkins,
representing self; Patrick Diehl, representing self; Daniel Wolgast, representing self; Gregory Hanson, representing
self; John Sandoz, representing self; Rita Stahl, representing self; Linda McCormick, representing self; Crystal Lewis,
representing self

All Comments:

Jered Skousen, Self: Can not impose code that was not in effect when building was built. Anti excessive regulation.
Bringing to code should apply only when ownership is transferred; Nan Nicoll, Self: Common sense is that we bring
a building to code upon ownership is transferred. What a boondoggle we could have if we had to update public
buildings each time we have a code change.; Michael Colletto, PROFESSIONAL FIRE FIGHTERS OF AZ: Opposed;
kathleen mayer, Self: this is madness - taking away the ability of local governments to protect its citizens from fire
risk makes no sense whatsoever, whose side is the sponsor on?; Rivko Knox, Self: Stop on going pre-emption laws
that tie the hands of cities. We elect local leaders to make policy for our community; the state should not be
usurping those powers.; Karen McClelland, Self: As long s the state refuses to allow counties and cities to regulate
short term rentals- they should be able to require sprinklers in so called single family homes that will be used as
short term rentals and inhabited by multiple, unrelated renters; Mary Pradelt, Self: Fire sprinklers save lives and
property. Local communities should be able to decide how and whether to protect their citizens.; Janet Larkin,
Self: We can't go backward on safety.; Eve Shapiro, Self: Cities and towns oppose this proposal as an unnecessary
power grab. Vote no.; Doug Arnold, Self: Again the state trying to take away local control over cities at the behest
of special interests.; Susan Bickel, Self: unnecessary intrusion and potentially dangerous.; Elizabeth Putnam-
Hidalgo, Self: How does this bill add to public safety? Are you all out of your minds?; Kathryn Kaczmarek, Self: AZ
cities and towns should be making this type of decision, not the AZ legislature.; Andy Hall, Self: We don’t need
more preemption laws, please!; Cathleen Bohnlein, Self: Local jurisdictions know their needs; Gail Kamaras, Self:
Local governments should have this authority. Fire safety is important; Barbara Oliver, Self: Businesses should all
be required to install fire sprinklers to keep Arizonans safell; Kristin Clark, Self: STOP THE BIG GOVERNMENT
OVERREACH and let the cities, towns & counties make these critical decisions.; Tom McConnell, Self: Cities should
decide this. Could you live with the impact of a fire tragedy that could have been prevented?; Susan Morris, Self:
Municipalities have the right to make this choice. Stay out of it.; Krista McKinney, Self: Sprinklers are in the interest
of public safety.; Melinda Sims, Self: What could possibly go wrong in an OLD building without fire sprinklers? |
cannot believe anyone would actually think such a safety deviation would be a good idea.; Marlene Verdery, Self:
Absurd]; Linda Edwards, Self: Safety over greedy landlords; Debra Cabell, Self: cities should be able to require
sprinklers when it is in the public interest. it is a matter of public safety.; Mary Radcliffe, Self: Unnecessary; Penny
Boone, Self: This bans cities from requiring businesses to install fire sprinklers unless they're already renovating
which is a power grab from city government. | oppose.; Margaret Winchell, Self: Power grab.; Laurie Nerat, Self:
We should NOT be taking away local control.; William Kelly, Self: Stop interfering tn local affairs. Try to run the
state and properly fund education instead.; Anne Leota Hart, Self: Another favorite "pre-emption tactic" and this is
a power grab. These sorts of laws restrict the power of cities and counties on behalf of powerful special interests.
Stop these bad bills.; Joan Mason, Self: This is undemocratic as it grabs power from cities and towns. And why
would you ban a requirement for fire sprinklers. Aren't we concerned about the public welfare? Trust local govs
to make decisions which won't hurt small business.; Joan Marie Beverstock, Self: again another AZ legislature
playing Big Brother to local elected officials.; Virginia Dotson, Self: Please leave this public safety issue in he hands
of cities and towns .; Greer Warren, Self: This is counter to commonsense; Lori Cinnamond, Self: Sprinklers save
lives.; Nancy Santori, Self: An unnecessary power grab; Sue Thorne, Self: Preemption Laws restrict the power of
cities on behalf of wealthy businessmen. Republicans stop your ugly gamel; Elizabeth Miles Packard, Self: Why?
Who benefits?; Norman Fuchs, Self: Local governing bodies know what their constituents need better than State
government.; Pamela Thompson, Self: This power belongs in the hands of AZ cities and towns, not the legislature.;
John Stuckey, Self: This bill is an attempt to stop local communities from safeguarding their citizens through
sensible regulation. Cities & towns oppose the bill as a power grab by the State, in the name of special interests. fs
the irony lost on the GOP sponsor?; Mary Nelson, Self: Local controi should prevail; Caroline Anderson, Self: Ali old
buildings built before fire sprinkler codes shouldn't have them? Really? Have building standards not changed?
Did you ask any Fire Chiefs or Arson specialists?; Margaret Nichols, Self: Let local government determine what is
best in its community. Stick to state business.; Peter Byrd, Self: Oppose. Cities should decide.; Irene Arango, Self:
Let's try to save lives whenever possiblel; Abby Brill, Self: Fire sprinklers SAVE LIVES! Kill this bill; Margaret Owen,
Self: Fire sprinklers are a safety issue. Consider safety first - for the public as well as the employees.; Mary Benin,
Self: Give cities autonomy to protect their citizens.; Carol Trunnell, Self: Allow cities to establish their own laws
regarding building.; Michael Weingarten, Self: Allow cities to determine for themselves what is in the best interest

of their residents.; Helen Herziger, Self: Let cities govern themselves; Mary Gaudio, Self: Benefits special interests.;
Roy Verdery, Self: Fire sprinklers save lives!; Carol Garnett, Self: Safety of the people should come first. Fire
extinguishing and warning equipment should be required in all buildings. Cities should require it.; Laurie Munn,
Self: "Pre-emption laws" allow special interests to have too much influence at the risk of public safety, The
majority party loves these laws, even at the risk of public safety. Please vote no on this bill.; Constance Brunt, Self:
Strongly oppose this effort to remove decision-making about local issues from duly-elected local representatives in
order to support the interests of powerful special interests.; Margaret Hendrickson, Self: This is ridiculous and will
result in deaths.; Janet Herbert, Self: Strongly oppose.; Diane Nevill, Self: Cities and towns should not be prevented
from requiring businesses to install fire sprinklers unless they are renovating. Preemptions laws that restrict the
power cities and towns to benefit special interests are wrong.; Martha Schulte-Nafeh, Self: No “preemption” laws.;
Mary Keerins, Self: Oppose this bill. It is a power grab trying to take control from the cities and towns. Allow our
municipalities to handle local ordnances ike this.; Marie Williams, Self: Opposel; Frederique Delhaye, Self: let the
local power decide; Steve Marks, Self: no preemption legislation-- | thought republicans were for LOCAL control
NO; Cynthia Wagner, Self: Unnecessary; Melanie Kishi, Self: Why would we NOT want a requirement for fire
sprinklers?; Beverly Cameron, Self: This is an unnecessary power grab from cities and towns.; Jane Atkins, Self:
State and local decisions need to remain there without the influence of outside parties.; Patrick Diehl, Self:
Another act of aggression (preemption) by state government against local government. These bills give lobbyists in
Phoenix greater access and influence, which is the last thing AZ needs.

HB2389, public nuisance: noise: evidence

Testified as opposed:
Nick Ponder, LEAGUE OF ARIZONA CITIES & TOWNS

Support:
Braden Biggs, representing self; Mike Sullivan, representing self; Tom Dodson, representing self; David Schafranka,
representing self; Cindy Sullivan, representing self; Steve Daniels, representing self

Oppose:

Jose Borrajero, representing self; Kay Reardon, representing self; Lynne Weaver, representing self; Rose Sperry,
representing self; Jered Skousen, representing self; James Dutton , representing self; Jennifer Wellsman,
representing self; Nan Nicoll, representing self; JoAnn Dutton, representing self; Johanna Haver, representing self;
George Moriarty, representing self; Walter Steiner, representing self; Janet Senf, representing self; Ed Sangalii,
representing self; Yesenia Dhott, PHOENIX, CITY OF; Ryan Lee, GLENDALE, CITY OF

All Comments:

Braden Biggs, Self: Please vote yes per email sent to committee members this morning. Thank you.; Tom Dodson,
Self: | Support this bill to protect business owners from frivolous accusations based on heresay. A real nusiance
should be proven before any legal actions are allowed. Please protect the innocent from undue harassment.; David
Schafranka, Self: HB2389 will require cities and towns to 1st get an accurate reading of a noise level before they
can charge someone with nuisance. This bill would require a peace officer to be the one to take the measurement
with industry standard equipment.; Steve Daniels, Self: People/business owners should be given clear due process
for noise violations.; Jered Skousen, Self: Requires scientifically measured noise level. It would be expensive to
equip enough cops with sound measuring devices. Loudness is not the only measure of nuisance noise. impractical;
Jennifer Wellsman, Self: Impractical; Nan Nicoll, Self: Loudness in not the only measure of nuisance noise.

HB2627, timeshares: public reports: purchase contracts

Testified in support:
Louis Dettorre, Legislative Liaison, Arizona Department of Real Estate, AZ DEPT OF REAL ESTATE

HB2359, license denial prohibited: drug convictions

Testified in support:
Meghaen Dell'Artino, OPPORTUNITY SOLUTIONS PROJECT

Support:

Jeff Sandquist, JUSTICE ACTION NETWORK; Donna Hamm, Executive Director, Middle Ground Prison Reform;
Laurence Wittig, representing self; Bahney Dedolph, Arizona Council Of Human Service Providers; kathyrn busby,
Arizona Nurses Association; Kevin Brown, representing self; Dianne Post, representing self; Elizabeth Putnam-
Hidalgo, representing self; Andy Hall, representing self; Shaun Rieve, JUSTICE ACTION NETWORK; Jessica Fishell,
representing self; Greer Warren, representing self; Marilyn Rodriguez, ACLU Of Arizona , AZ ATTORNEYS FOR
CRIMINAL JUSTICE, LIVING UNITED FOR CHANGE IN ARIZONA; Darrell Hill, AMERICAN CIVIL LIBERTIES UNION OF AZ
(ACLU-AZ)

Oppose:

Kevin Earle, Executive Director, Arizona Dental Association; Jose Borrajero, representing self; Kay Reardon,
representing self; Lynne Weaver, representing self; Rose Sperry, representing self; Jered Skousen, representing
self; James Dutton , representing self; Jennifer Wellsman, representing self; Nan Nicoll, representing self; JoAnn
Dutton, representing self; Johanna Haver, representing self; George Moriarty, representing self; Walter Steiner,
representing self; Ed Sangaili, representing self; Lynne Breyer, representing self

All Comments:

Donna Hamm, Middle Ground Prison Reform: An excellent step toward helping ex-felons re-enter society after a
conviction.; Bahney Dedoiph, Arizona Council Of Human Service Providers: We support this bill with the
amendment exempting health professional boards.; kathyrn busby, Arizona Nurses Association: The Arizona
Nurses Association supports this bill with the addition of the Grantham amendment exempting health professional
regulatory boards; Kevin Earle, Arizona Dental Association: The Arizona Dental Association supports the Grantham
amendment that would exempt health care licensing boards.; Jered Skousen, Self: Too broad. Blanket application
Some convicted drug dealers should not be operating in certain businesses or occupations.; Jennifer Wellsman,
Self: Too broad; Nan Nicoll, Self: Self evident

HB2713, agency actions; procedures: fee awards

Testified in support:
Marc Osborn, Kutak Rock LLP

Support:
Ellen Poole, Executive Director, SW Region Govt Relations, American Property & Casualty Insurers; Jenna Bentley,
BARRY GOLDWATER INSTITUTE FOR PUBLIC POLICY RESEARCH; Courtney Coolidge, AZ CHAMBER OF COMMERCE

HOUSE OF REPRESENTATIVES

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WA .
Date UxSupport €) Oppose Neutral

Name V4A Arc, Cr bo yr) Need to Speak? Ches LINo

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Complete Address

E-mail Address *“14rC,0S6e“4 &) [ints lvoe tice-Phone Number

Comments:

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Date 2/ 3 / 25 2D (3 Support 7G oppose (1 Neutral
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HOUSE OF REPRESENTATIVES

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Date af K / Ze Za | Q) Support O Oppose” {J Neutral
‘Name Mph } yy Need to Speak? Yes No
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Date 2 / al 2a Zo Support A Oppose ( Neutral

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i RT VE-MINUTE SPEAKING LIMIT***

ARIZONA STATE LEGISLATURE
Fifty-fourth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON REGULATORY AFFAIRS

CHAIRMAN: Travis W. Grantham VICE-CHAIRMAN: _ Becky A. Nutt

DATE 02/03/20 /20 /20 120 120
CONVENED 2:29 pm m m m m
RECESSED
RECONVENED
ADJOURNED 2° 30m

MEMBERS

Blackman /

Powers Hannley vA

Shah a

Teran vA

Toma Vv

Nutt, Vice-Chairman S

Grantham, Chairman 4

Vv Present --- Absent exc Excused

Attachment_ 3

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
Second Regular Session

IA Ecc A SaaS
HB 2313: fire sprinklers; existing buildings; prohibition
Sponsor: Representative Grantham, LD 12
Committee on Regulatory Affairs

Overview
Prohibits a municipality from adopting regulations that require the installation of fire sprinklers in
a building that was not required to have fire sprinklers when originally constructed.

History
According to statute, a municipality cannot adopt a code or ordinance, or part of a uniform code

or ordinance, that prohibits or requires installation or equipment of fire sprinklers in a single family
detached residence, or a residential building with not more than two dwelling units. A municipality
cannot impose any fine, penalty or other requirement on any person or entity for choosing to install
or equip or not install or equip fire sprinklers in such a residence (A.R.S. § 9-807).

Provisions

1. Prohibits a municipality from adopting a code or ordinance, or part of a uniform code or
ordinance, that requires the installation of fire sprinklers in an existing building that wasn't
required to have fire sprinklers when originally constructed. (Sec. 1)

2. Prohibits a municipality from imposing a fine for choosing not to install fire sprinklers on such
a building. (Sec. 1}

3. Authorizes a municipality to require the installation of fire sprinklers if the existing building
undergoes a major renovation or remodel. (Sec. 1)

4. Defines a major renovation or remodel as one in which:
a) The business will not be open to patrons during the renovation or remodel; and
b) The contracted price of the work to be performed is over $250,000. (Sec. 1)

Attachment_‘¢_

U Prop 105 (45 votes) C1 Prop 108 (40 votes) [Emergency (40 votes) Fiscal Note

initials JR/LB Regulatory Affairs

Fifty-fourth Legislature Regulatory Affairs
Second Regular Session H.B, 2313

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2313
(Reference to printed bill)

1 Page 1, line 6, after the second "A" insert "UNIFORM"

2 Line 8, after "BUILDING" insert "IN WHICH THE CURRENT OCCUPANCY CLASSIFICATION
3 ALLOWS THREE HUNDRED OR MORE OCCUPANTS, THAT IS LICENSED TO SERVE ALCOHOLIC
4 BEVERAGES AS AUTHORIZED BY TITLE 4 AND"

5 After line 23, insert:

6 "Sec. 2. Section 11-861, Arizona Revised Statutes, is amended to
7
8
9

read:
11-861. Adoption of codes by reference: limitations: method of

adoption: fire sprinklers: fire apparatus access

10 roads or approved routes; intent; state preemption:

11 fire watch requirements; pool barrier gates:

12 existing buildings; definition

13 A. In any county that has adopted zoning pursuant to this chapter,
14 the board of supervisors may adopt and enforce, for the unincorporated
15 areas of the county so zoned, a building code and other related codes to
16 regulate the quality, type of material and workmanship of all aspects of
17 construction of buildings or structures, except that the board may
18 authorize that areas zoned rural or unclassified may be exempt from the
19 provisions of the code adopted. The codes may be adopted by reference after
20 notice and hearings before the county planning and zoning commission and
21 board of supervisors as provided in this chapter for amendments to the
22 zoning ordinance of the county.

23 B. The board of supervisors may adopt a fire prevention code in the
24 unincorporated areas of the county in which a fire district has not adopted
25 a nationally recognized fire code pursuant to section 48-805. Any fire

a. # of Verbals

Attachment .< iiled Withdrawn

—_——.

Not Offered__ Analysts Initials 2

- House Amendments to H.B. 2313

wo Oo nN DTD OH BR WCW PD ke

CW WR MM HW YW YW DY YW WH KP DY BB BP Be Be we 4
nF OCOD Dn AHF ORD FP SC BONA aAREONRD ES

code adopted by a board of supervisors pursuant to this subsection shal]
remain in effect until a fire district is established and adopts a code
applicable within the boundaries of the district.

C. For the purpose of this article, codes authorized by subsections
A and B of this section shall be limited to the following:

a, Any building, electrical, plumbing or mechanical code that has
been adopted by any national organization or association that is organized
and conducted for the purpose of developing codes or that has been adopted
by the largest city in that county. If the board of supervisors adopts a
city code, tt—shatH—adopt, within ninety days after receiving a written
notification of a change to the city code, THE BOARD OF SUPERVISORS SHALL
ADOPT the same change or shall terminate the adopted city code.

2. Any fire prevention code that has been adopted by a national
organization or association organized or conducted for the purpose of
developing fire prevention codes and that is as stringent as the state fire
code adopted pursuant to section 37-1383.

D. The board of supervisors may adopt a current wildland-urban
interface code. The code may be adapted from a model code adopted by a
national or international organization or association for mitigating the
hazard to life and property. The board must follow written public
procedures in the development and adoption of the code and any revisions to
the code to provide effective, early and continuous public participation
through:

1. The broad dissemination and publicity of the proposed code and
any revisions to the code.

2. The opportunity for submission and consideration of written
public comments.

3. Qpen discussions, communications programs and information
services. ;

4. Consultation with federal agencies and state and local officials.

E. The board of supervisors shall not adopt a code or ordinance or

part of a uniform code or ordinance that prohibits a person or entity from

~?-

oO PON DBD OH BR WH PL

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House Amendments to H.B. 2313

choosing to instal] or equip or not instal] or equip fire sprinklers in a
strote—famtty SINGLE-FAMILY detached residence or any residential building
that contains not more than two dwelling units. The board of supervisors
shall not impose any fine, penalty or other requirement on any person or
entity for choosing to install or equip or not instal] or equip fire
sprinklers in such a residence. This subsection does not apply to any code
or ordinance that requires fire sprinklers in a residence and that was
adopted before December 31, 2009. The provisions of this subsection shall
be included on all fire sprinkler permit applications that are for a smote
famtty SINGLE-FAMILY detached residence or any residential building that
contains not more than two dweilting units.

F. A fire sprinkler permit application may be in either print or
electronic format.

G. <A board of supervisors may not adopt any, or part of any, fire
code, ordinance, stipulation or other legal requirement for an approved
fire apparatus access road or a fire apparatus access road extension, or
both, or an approved route or a route extension, or both, that directly or
indirectly requires a one or two-famity TWO-FAMILY residence or a utility
or miscellaneous accessory building or structure to install fire
sprinklers. A fire code official may increase or extend an approved fire
apparatus access road or a fire apparatus access road extension, or both,
or an approved route or a route extension, or both, to comply with this
subsection. Compliance with this subsection is not grounds to deny or
suspend a license or permit. This subsection may be enforced in a private
civil action and relief, including an injunction, may be awarded against a
county. The court shall award reasonable attorney fees, damages, lost
opportunity costs, interest and the cost of the sprinkler system to a party
that prevails in an action against a county for a violation of this
subsection. The legislature finds and determines that property rights are
a matter of statewide concern and a fundamental element of freedom. A
property owner's right to use the property owner's property must be

protected from unreasonable abridgment by county regulation = and

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House Amendments to H.B. 2313

enforcement. This subsection supersedes and preempts any regulation
adopted by a county regarding an approved fire apparatus access road, fire
apparatus access road extension, approved route or route extension. For
the purposes of this subsection:

1. "Fire code” includes the international fire code, however
denominated. |

2. “Utility or miscellaneous accessory building or structure”
includes an agricultural building, aircraft hangar, accessory to a
residence, barn, carport, fence that is more than six feet high, grain
silo, greenhouse, livestock shelter, private garage, retaining wall, shed,
stable, tank or tower.

H. If a fire code adopted by a board of supervisors requires the use
of a fire watch, an employee who works at the building in which a fire
watch is required may serve as the fire watch. A person who is designated
as a fire watch shall be equipped with means to contact the local fire
department, and the person's only duty while keeping watch for fires shall
be to perform constant patrols of the protected premises. The county shall
provide the fire watch with printed instructions from the office of the
state fire marshal and may provide a free training session before the
person's deployment as the fire watch begins. For the purposes of this
subsection, "fire watch" means a person who is stationed in a building or
in a place relative to a building to observe the building and its openings
when the fire protection system for the building is temporarily
nonoperational or absent.

I. From and after December 31, 2014, a code or ordinance or part of
a uniform code or ordinance that is adopted by the board of supervisors
applies to locking devices for pool barrier gates used for means of ingress
or egress for semipublic swimming pools. Any new construction or major
renovation of a semipublic swimming pool from and after December 31, 2014
must meet the requirements of the code or ordinance or part of the uniform
code or ordinance that is adopted by the board of supervisors. This

subsection does not apply to a locking device for a pool barrier gate used

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Se So 8 OWN AH BORD FEF Oo eX BF HREON D'S

House Amendments to H.B. 2313

for means of ingress or egress for a semipublic swimming pool that was
instalted before January 1, 2015, if the locking device meets. the
requirements prescribed in section 36-1681, subsection 8, paragraph 3.

J. A BOARD OF SUPERVISORS MAY NOT ADOPT A UNIFORM CODE OR ORDINANCE
OR PART OF A UNIFORM CODE OR ORDINANCE THAT REQUIRES A PERSON OR ENTITY TO
INSTALL FIRE SPRINKLERS IN AN EXISTING BUILDING IN WHICH THE CURRENT
OCCUPANCY CLASSIFICATION ALLOWS THREE HUNDRED OR MORE OCCUPANTS, THAT IS
LICENSED TO SERVE ALCOHOLIC BEVERAGES AS AUTHORIZED BY TITLE 4 AND THAT WAS
NOT REQUIRED TO HAVE FIRE SPRINKLERS WHEN THE BUILDING WAS ORIGINALLY
CONSTRUCTED. THE BOARD OF SUPERVISORS MAY NOT IMPOSE ANY FINE, PENALTY OR
OTHER REQUIREMENT ON A PERSON OR ENTITY FOR CHOOSING NOT TO INSTALL OR
EQUIP FIRE SPRINKLERS IN SUCH A BUILDING. A BOARD OF SUPERVISORS MAY
REQUIRE THE INSTALLATION OF FIRE SPRINKLERS IN AN EXISTING BUILDING IF THE
OWNER UNDERTAKES A MAJOR RENOVATION OR REMODEL. FOR THE PURPOSES OF THIS
SUBSECTION, BUILDING DOES NOT INCLUDE A SINGLE-FAMILY DETACHED RESIDENCE OR
ANY RESIDENTIAL BUILDING THAT CONTAINS NOT MORE THAN TWO DWELLING UNITS.

K. FOR THE PURPOSES OF THIS SECTION, "MAJOR RENOVATION OR REMODEL”
MEANS:

1. THE RENOVATION OR REMODEL IN WHICH THE BUSINESS WILL NOT BE OPEN
TO PATRONS DURING THE RENOVATION OR REMODEL.

2. A RENOVATION OR REMODEL IN WHICH THE CONTRACTED PRICE OF THE WORK

TO BE PERFORMED IS OVER $250,000.
Sec. 3. Section 48-805, Arizona Revised Statutes, is amended to

read:
48-805, Fire district: powers and duties: definition

A. A fire district, through its board, shall:
1. Hold public meetings at least once each calendar month untess

EXCEPT AS FOLLOW:
(a) IF a board consists of three members and the fire district

levies less than $500,000 annually, tten the board shall meet in July and

at least every two months thereafter.
2 MND oO B® WHY wD

House Amendments to H.B. 2313

(b) A board for a district organized pursuant to article 3 of this
chapter shall hold public meetings at least, every two months.

2. Determine the compensation payable to district personnel.

3. Require al? current and prospective employees and volunteers to
submit a full set of fingerprints to the fire district, joint powers
authority, fire authority, fire and medical authority or fire and ambulance
authority that is formed with that fire district pursuant to section
48-805.01. The fire district, joint powers authority that is formed
pursuant to section 48-805.01, fire authority, fire and medical authority
or fire and ambulance authority shall submit the fingerprints to the
department of public safety for the purpose of obtaining a state and
federal criminal records check pursuant to section 41-1750 and Public Law
92-544, The department of public safety may exchange this fingerprint data
with the federal bureau of investigation.

B. A fire district, through its board, may;

1. Employ any personnel and provide services deemed necessary for
fire protection, for preservation of life and for carrying out its other
powers and duties, including providing ambulance transportation services
when authorized to do so pursuant to title 36, chapter 21.1, article 2, but
a member of a district board shall not be an employee of the district. The
merger of two or more fire districts pursuant to section 48-820 or the
consolidation with one or more fire districts pursuant to section 48-822
shall not expand the boundaries of an existing certificate of necessity
uniess authorized pursuant to titie 36, chapter 21.1, article 2.

2. Construct, purchase, lease, lease-purchase or otherwise acquire
the following or any interest in the following and, in connection with the
construction or other acquisition, purchase, lease, lease-purchase or grant
a lien on any or all of its present or future property, including:

(a) Apparatus, water and rescue equipment, including ambulances and
equipment related to any of the foregoing.

(b) Land, buildings, equipment and furnishings to house equipment

and personnel necessary or appropriate to carry out its purposes.

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a OO RN ATF ORF COONAN Ba REONRESES

House Amendments to H.B. 2313

3. Finance the acquisition of property as provided in this section
and costs incurred in connection with the issuance of bonds as provided in
section 48-806. Bonds shail not be issued without the consent of a
Majority of the electors of the district voting at an election held for
that purpose. For the purposes of an election held under this paragraph,
all persons who are eligible to vote in fire district elections under
section 48-802 are eligible to vote.

4, Enforce the fire code adopted by the district, if any, and assist
the office of the state fire marshal in the enforcement of fire protection
standards of this state within the fire district, including enforcement of
a nationally recognized fire code if expressly authorized by the office of
the state fire marshal.

5. After the approval of the qualified electors of the fire district
voting at a regular district election or at a special election called for
that purpose by the district board, as appropriate, or at any election held
in the county that encompasses the fire district, adopt the fire
code, which is a nationally recognized fire code approved by the state fire

marshal. The words appearing on the ballots shall be “should

fire district adopt the fire code, which is a nationally
recognized fire code approved by the state fire marshal--yes", “should
fire district adopt the fire code, which is a

nationally recognized fire code approved by the office of the state fire
marshal--no". The code shall be enforced by the county attorney in the
same manner as any other law or ordinance of the county. Any inspection or
enforcement costs are the responsibility of the fire district involved.
The district shall keep the code on file, which shall be open to public
inspection for a period of thirty days before any election for the purpose
of adopting a fire code. Copies of the order of election shall be posted
in three public places in the district at least twenty days before the date
of the etection, and if a newspaper is published in the county having a

general circulation in the district, the order shall be published in the

wo oN DTD OT Se | DT he

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yy Fo 86 ON BHP ONY HK OB ONHaa Rane ds

House Amendments to H.B. 2313

. newspaper at Jeast once a week during each of the three calendar weeks

preceding the calendar week of the election.

6. Amend: or revise the adopted fire code, including replacement of
the adopted fire code with an alternative nationally recognized fire code,
with the approval of the office of the state fire marshal and after a
hearing held pursuant to posted and published notice as prescribed by
section 48-805.02, subsection A. The district shall keep three copies of
the adopted code, amendments and revisions on file for public inspection.

7. Enter into an agreement procuring the services of an organized
private fire protection company or a fire department of a neighboring city,
town, district or settlement without impairing the fire district's powers.

8. Contract with a city or town for fire protection services for all
or part of the city or town area until the city or town elects to provide
regular fire department services to the area.

9. Retain a certified public accountant to perform an annual audit
of district books.

10. Retain private legal counsel.

11. Accept gifts, contributions, bequests and grants and comply with
any requirements of those gifts, contributions, bequests and grants that
are not inconsistent with this article.

12. Appropriate and expend annually monies as are necessary for the
purpose of fire districts belonging to and paying dues in the Arizona fire
district association and other professional affiliations or entities.

13. Adopt resolutions establishing fee schedules both within and
outside of the jurisdictional boundaries of the district for providing fire
protection services and services for the preservation of life, including
emergency fire and emergency medical services, plan reviews, standby
charges, fire cause determination, users' fees or facilities benefit
assessments or any other fee schedule that may be required.

14. With the approval of two of the three members of a three-member
board, four of the five members of a five-member board or five of the seven

members of a seven-member board, change the district's name and on so doing

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House, Amendments to H.B. 2313

shall give written notice to the board of supervisors of the change. The
governing board of a fire district may place a question on the general
election ballot as to whether the fire district shall change its name.

15, Require all employees to submit a full set of fingerprints as
prescribed by subsection A, paragraph 3 of this section.

16. Enter into tntergovernmental agreements or contracts as follows:

(a) Enter into an intergovernmental agreement with another political

subdivision for technical or administrative services or to provide fire

services to the property owned by the political subdivision, including

property that is outside the district boundary.

(b) Enter into a contract with individuals to provide technical or
administrative services,

(c) Enter into a contract with individuals to provide’ fire
protection services or emergency medical services, or both, to the extent
not regulated by title 36, chapter 21.1 to property owned by the individual
located outside the district boundaries if the individual's property is not
located in a county island as defined in section 11-251.12 and at least one
of the following apply:

(i) The existing fire service provider where the individual's
property is located has issued a notice to the individual that the provider
plans to discontinue service.

(ii) Fire service is not available to the individual's property.

(iti) Fire service is offered pursuant to a contract or subscription
and the individual has not obtained service for a period of twenty-four
months before the date of the contract with the district.

(d) Enter into a contract with individuals to provide fire services
to property owned by the individual located outside the district
boundaries, where the individual's property is located in a county island
as defined in section 11-251.12, if both of the following apply:

(i) The existing fire service provider where the individual's

property is located has issued a notice to the residents of the county

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meow ON DBT fF WH HE DS © OU HAa A RONRDESES

House Amendments to H.B. 2313

island and the individual that the provider plans to discontinue or
substantially reduce service.

(ii) The district offers contracts to all residents and property
owners of the county island who will be affected by the discontinuance or
substantial reduction in service by the current fire service provider.

(e) For the purposes of subdivision (a), (b), (c) or (d) of this
paragraph, a district may contract with any public or private fire service
provider to provide some or all of the contractual services the district is
contracting to deliver. .

(f) Any contract entered into pursuant to subdivisions (b), (c) and
(d) of this paragraph shall include a provision setting forth the cost of
service and performance criteria.

17. Sell or otherwise dispose of any real property, facilities or
equipment if the district board determines the real property, facilities or
equipment to be surplus.

C. A fire district may not administratively add or annex additional
property or delete.property or otherwise modify its boundaries except in a
merger or consolidation pursuant to this chapter or in a boundary change
made pursuant to section 48-262. This subsection does not apply to a
district organized pursuant to article 3 of this chapter.

BD. The chatrman CHAIRPERSON and clerk of the district board or their
respective designees, aS applicable, shal} draw warrants, substitute checks
or electronic funds transfers on the county treasurer for money required to
operate the district in accordance with the budget and, as so drawn, the
warrants, substitute checks or electronic funds transfers shall be
sufficient to authorize the county treasurer to pay from the fire district
fund.

E. For any fire district that designates one or more board members
to have access to the financial books and records of the district, those

board members are authorized by law to have full access to those financial

books and records.

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House Amendments to H.B. 2313

F. The district board may assess and levy a secondary property tax
pursuant to this article to pay for the costs of fire protection services
or emergency medical services except for services regulated pursuant to
title 36, chapter 21.1.

G. The county attorney may advise and represent the district if, in
the county attorney's judgment, the advice and representation are
appropriate and not in conflict with the county attorney's duties under
section 11-532. If the county attorney is unable to advise and represent
the district due to a conflict of interest, the district may retain private
legal counsel or may request the attorney general to represent it, or both.

H. If a district's fire code requires the use of a fire watch, an
employee who works at the building in which a fire watch is required may
serve as the fire watch. A person who is designated as a fire watch shall
be equipped with the means to contact the local fire department, and the
person's only duty while keeping watch for fires shall be to perform
constant patrols of the protected premises. The district shal? provide the
fire watch with printed instructions from the office of the state fire
marshal and may provide a free training session before the person's

deployment as the fire watch begins.

I. A FIRE DISTRICT MAY NOT ADOPT A UNIFORM CODE OR ORDINANCE OR PART |

OF A UNIFORM CODE OR ORDINANCE THAT REQUIRES A PERSON OR ENTITY TO INSTALL
FIRE SPRINKLERS IN AN EXISTING BUILDING IN WHICH THE CURRENT OCCUPANCY
CLASSIFICATION ALLOWS THREE HUNDRED OR MORE OCCUPANTS, THAT IS LICENSED TO
SERVE ALCOHOLIC BEVERAGES AS AUTHORIZED BY TITLE 4 AND THAT WAS NOT
REQUIRED TO HAVE FIRE SPRINKLERS WHEN THE BUILDING WAS ORIGINALLY
CONSTRUCTED. A FIRE DISTRICT MAY NOT IMPOSE ANY FINE, PENALTY OR OTHER
REQUIREMENT ON A PERSON OR ENTITY FOR CHOOSING NOT TO INSTALL OR EQUIP FIRE
SPRINKLERS IN SUCH A BUILDING. A FIRE DISTRICT MAY REQUIRE THE
INSTALLATION OF FIRE SPRINKLERS IN AN EXISTING BUILDING IF THE OWNER
UNDERTAKES A MAJOR RENOVATION OR REMODEL. FOR THE PURPOSES OF THIS
SUBSECTION, BUILDING DOES NOT INCLUDE A SINGLE-FAMILY DETACHED RESIDENCE OR
ANY RESIDENTIAL BUILDING THAT CONTAINS NOT MORE THAN TWO DWELLING UNITS.

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House Amendments to H.B. 2313

t- J. For the purposes of this section: 7

1, “Fire watch" means a person who is stationed in a building or in.
a place relative to a building to observe the building and its openings
when the fire protection system for the building is temporarily .
nonoperational or absent.

2. "MAJOR RENOVATION OR REMODEL" MEANS:

(a) A RENOVATION OR REMODEL IN WHICH THE BUSINESS WILL NOT BE OPEN

TO PATRONS DURING THE RENOVATION OR REMODEL.
(b) A RENOVATION OR REMODEL IN WHICH THE CONTRACTED PRICE OF THE

WORK TO BE PERFORMED IS OVER $250,000."

Amend title to conform

TRAVIS W. GRANTHAM

2313GRANTHAM
01/31/2020
8:15 AM

C: LAT

~-12-

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. HB 2313

DATE February 03, 2020 MOTION: cl ea
PASS AYE NAY PRESENT | ABSENT

Blackman A

Powers Hannley Vv

Shah /

Teran J

Toma vA

Nutt, Vice-Chairman JS

Grantham, Chairman vA

4} 3 0 Oo

APPROVED: ACOMMITTEE SECRETARY

TRAVIS W. GRANTHAM, Chairman
BECKY A. NUTT, Vice-Chairman

ATTACHMENT. &

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
Second Regular Session

ar ann EN TT ea RTT Te |

HB 2389: public nuisance; noise; evidence
Sponsor: Representative Townsend, LD 16
Committee on Regulatory Affairs

Overview
Requires a noise violation to include an accurate recording and measurement of the noise by a
peace officer using specified standards.

History
It is considered a public nuisance when the extent of the annoyance or damage inflicted is

injurious to health, indecent, offensive to the senses or obstructs the free use of property that
interferes with the comfortable enjoyment of life or property by a community. Any person who
maintains, commits or refuses to remove a public nuisance is guilty of a class 2 misdemeanor
(A.R.S. § 13-2917).

Provisions
1. Requires the prosecution of a noise violation to include an accurate recording and
measurement of the noise by a peace officer. (Sec. 1)

2. Requires the following types of noise measurements be used:

a) Sound pressure measurements made on the A-Weighted fast response mode scale;

b) Measurements taken according to American National Standards Institute's (ANSI):
i. Standard method ANSI S1.2-1962 (R1976);
il. Physical measurement of sound and ANSI S1.2-1971 (R1976);
ii, ANSI method for measuring sound pressure levels; and
iv. Measurements taken using a Type 1 sound meter meeting the requirements of ANS!

$1.4L-1971 (Sec. 1).

3. Defines A-Weighted as a frequency weighting network that is used to account for changes in
sensitivity as a function of frequency. (Sec. 1)

4. Makes technical and conforming changes. (sec. 1)
5. Contains an applicability clause. (Sec. 2)
6. Contains an emergency clause. (Sec. 3)

Attachment_‘I

CJ Prop 105 (45 votes) C1 Prop 108 (40 votes) Emergency (40 votes) (I Fiscal Note

Initials JR Regulatory Affairs

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILLNO. __HB2389_
DATE February 03, 2020 MOTION: _G e
PASS AYE NAY PRESENT ; ABSENT

Blackman Y

Powers Hannley J

Shah Y

Teran vA S

Toma 4

Nutt, Vice-Chairman S

Grantham, Chairman /

Ss | \ O
APPROVED: _ COMMITTEE SECRETARY
TRAVIS W. GRANTHAM, Chairman
BECKY A. NUTT, Vice-Chairman
ATTACHMENT. ¥

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
second Regular Session

OAR I TS

HB 2627: timeshares; public reports; purchase contracts
Sponsor: Representative Bolick, LD 20
Committee on Regulatory Affairs

Overview

Changes the amount of time a prospective buyer or seller has to cancel a time share purchase
agreement or enter into a contract for purchase of a timeshare interest, from seven business days
to ten business days. States where a timeshare interest reservation statement must be.

History
Statute requires the Real Estate Commissioner (Commissioner) to approve a public report

(Report) for use by the developer, unless there are grounds for denial, authorizing the sale or
lease of timeshare interests within a timeshare plan. The developer must provide each
prospective customer with a copy. The Report must include a statement informing the purchaser
that by midnight of the seventh calendar day after execution of the purchase agreement, the
purchaser may cancel any purchaser agreement. If the purchaser agreement allows for a
cancellation period longer than seven days, the developer must include a corresponding
statement on the Report (A.R.S. § 32-2197.08).

The approval for use of a Report is not required for any party to enter into a timeshare interest
reservation (Reservation). Before the approval for use of a Report for a timeshare plan, a deposit
may be accepted from a prospective buyer for a Reservation, provided that within fifteen calendar
days from receiving the approved Report, the prospective seller provides the prospective buyer
with a copy of the Report and of the purchase agreement. The prospective buyer and seller have
seven business days after receipt of the Report and the purchase agreement to enter into a
purchasing contract. If the prospective buyer and seller do not enter into a contract for the
purchase within seven business days, the Reservation automatically terminates (A.R.S. § 32-
2197.10).

Each Reservation form must contain a conspicuous statement, communicating that the Arizona
Department of Reai Estate has not inspected or approved the timeshare property, no Report has
been issued and that without issuance of a Report or pre-sale authorization for the timeshare
plan, no offer to sell or purchase may be made (A.R.S. § 32-2197.10).

Provisions

1. Changes the required Report statement to inform a purchaser that they may cancel any
purchase agreement for a timeshare interest by midnight of the tenth calendar day, rather
than the seventh calendar day, after execution of the purchase agreement. (Sec. 1}

2. States that If the purchaser agreement allows for a cancellation period longer than ten
calendar days, rather than seven calendar days, the developer must include a corresponding
statement on the Report. (Sec. 1)

3. Extends the amount of time a prospective buyer and prospective seller have to enter into a
contract for the purchase of a time share interest before the Reservation automatically
terminates, from seven business days to ten business days. (Sec. 2)

Initials JR/LB Attachment__9 Regulatory Affairs

4. Specifies that the conspicuous Reservation statement must appear above the purchaser's
signature line. (Sec. 2)

5. Makes technical changes. (Sec. 2)

Initials JR/LB Regulatory Affairs

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __ HB 2627

DATE February 03, 2020 MOTION: 3 Q

PASS AYE NAY PRESENT | ABSENT
Blackman S
Powers Hannley J
Shah /
Teran “A
Toma /
Nutt, Vice-Chairman /
Grantham, Chairman J
7 6 O 2
Var A-n We
APPROVED: COMMITTEE SECRETARY

ss LTTE rt -

2. LL
TRAVIS W. GRANTHAM, Chairman
BECKY A. NUTT, Vice-Chairman

ATTACHMENT. [0 __

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
Second Regular Session

HB 2359: license denial prohibited; drug convictions
Sponsor: Representative Toma, LD 22
Committee on Regulatory Affairs

Overview

Prohibits an agency from denying a person who has been convicted of a drug or imitation
substance offense from an occupational license or a provisional occupational license, if that
person is otherwise qualified.

History
Upon the conviction of a person of a drug offense, the court must provide information pertinent to

that person and the offense to the board or officer, if any, by whom the convicted defendant has
been licensed or registered to practice a profession. The court may suspend or revoke the license
or registration of the convicted defendant. (A.R.S. § 13-2414)

An agency may determine if a person's criminal record disqualifies the person from obtaining a
license, permit, certificate or other state recognition only if the agency concludes that the state
has an important interest in protecting public safety that is superior to the person's rights if certain
specified conditions are met. (A.R.S. § 41-1093.04)

Provisions

1. Prohibits an agency from denying a person who has been convicted of a drug or imitation
substance offense from an occupational license or a provisional occupational license, if that
person is otherwise qualified. (Sec. 1)

2. Defines occupational license as any agency permit, certificate, approval, registration, charter
or similar form of permission that allows an individual to use an occupational title or work in a
lawful occupation, trade or profession. (Sec. 1)

Attachment_)]

Initials JR/LB Regulatory Affairs
mn oO Se W Me Fe

Fifty-fourth Legislature Regulatory Affairs
Second Regular Session H.B. 2359

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2359
(Reference to printed bill) .

Page 1, line 5, after the semicolon insert "exception:"
Between lines 13 and 14, insert:
"B. THIS SECTION DOES NOT APPLY TO A HEALTH PROFESSION REGULATORY

BOARD AS DEFINED IN SECTION 32-3201."
Reletter to conform

Amend title to conform

TRAVIS W. GRANTHAM

2359GRANTHAM
01/22/2020
04:25 PM

C: NS

Attachment_!

___ Analysts Ini

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Regulatory Affairs BILL NO. HB 2359
DATE February 03, 2020 MOTION: d Pa ,
PASS AYE NAY PRESENT | ABSENT
Blackman J
Powers Hanniley J
Shah /
Teran JS
Toma /
Nutt, Vice-Chairman /
Grantham, Chairman /
7 O fa) oO
xh TKO ae bhLe te
APPROVED: COMMITTEE SECRETARY

TRAVIS W. GRANTHAM, Chairman
BECKY A. NUTT, Vice-Chairman

ATTACHMENT. | 2

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature
Second Regular Session

AAA NA SN SC A aN TORRES

HB 2713: agency actions; procedures; fee awards
Sponsor: Representative Grantham, LD 12
Committee on Regulatory Affairs

Overview

Makes various changes regarding the awarding of fees and other expenses against the state,
city, town or county. Makes various administrative procedural changes regarding licensees and
licensing decisions made by an agency.

History
A party that prevails by an adjudication against this state, city, town or county can be awarded

fees and other expenses by a court in addition to any costs that are awarded under certain
outlined conditions (A.R.S. § 12-348).

The Regulatory Bill of Rights (RBR) provides rights to a person to ensure fair and open regulation
by a state agency. Each state agency that conducts audits, inspections or other regulatory
enforcement must create and clearly post on the agency's website a Small Business Bill of Rights
(SBBR) by setfecting the applicable rights in the RBR and any other agency specific statutes and
rules. A written document of the SBBR must be provided by the agency to the authorized on-site
representative of the regulated small business. The agency notice of the SBBR must include the
process in which a small business may file a complaint with the agency. The agency notice must
also state that if the regulated person has made a reasonable effort to resolve an issue with an
agency and has not been successful, the regulated person can contact the Office of Ombudsman-
Citizens Aide (A.R.S. § 41-1001.01).

Provisions
Award of Fees and Other Expenses Against the State or a City, Town or County (Sec. 1)

1. Removes language prohibiting an expert from being eligible for compensation at a rate in
excess of the highest rate of compensation for experts paid by this state, city, town or county.

2. Removes language stating that an award of attorney fees may not exceed the amount that
the prevailing party has paid, agreed to pay or a maximum amount of $75 per hour unless the
court determines that an increase in the cost of living or a special factor justifies a higher fee.

3. Removes language that states an award of fees against a city, town county must not exceed
$10,000.

4, Changes the amount for an award of fees when a party prevails by adjudication against the
state, city, town or county to not exceed $125,000, rather than $75,000, for fees incurred at
each judicial appeal.

Administrative Procedure

Attachment_]
5. Modifies the definition of licensing to include: oo

Cl] Prop 105 (45 votes) [1 Prop 108 (40 votes) (4 Emergency (40 votes) 1 Fiscal Note

Initials JR Regulatory Affairs

10,

11.

12.

13.
14.
15.

a) An existing permit, certificate, approval, registration, charter or similar form of permission,
approval or authorization obtained from an agency by the holder of the license; and
b) The agency process regarding the change, reduction or modification of a license. (Sec.

2)

Defines licensing decision as any action by an agency to grant or deny any request for
permission, approval or authorization issued in response to any request from an applicant for
a license or exercise authority of the license by the license holder. (Sec. 2)

Adds a provision to the RBR that states a person is entitled to have an agency not base a
decision regarding any filing submitted to an agency on a requirement or condition that is not
specifically authorized by statute, rule or state tribal gaming compact. (Sec. 3)

Prohibits an agency from basing a decision regarding any filing by a licensee on a requirement
or condition that is not specifically authorized by statute, rule or state tribal gaming compact.
(Sec. 5)

States that a general grant of authority in statute does not constitute a basis for imposing a
requirement or condition for approval of a decision on a filing submitted by a licensee unless
a rule is made that authorizes the requirement or condition. (Sec. 5)

Modifies the definition of appealable agency action to include the administrative completeness
of an application. (Sec. 7)

States that a determination by an agency that an application is not administratively complete
is an appealable agency action, which if timely initiated, entitles the applicant to an
adjudication on the merits of the completeness of the application. (Sec. 6)

States that, except as otherwise noted, the administrative procedure statutes governing

inspections, audits, applicability and exceptions apply:

a) To all state agencies that conduct inspections and audits; and

b) if a conflict arises between the rights of a regulated person pursuant to this section and
the rights of a regulated person pursuant to another statute, this section governs. (Sec.
4)

Miscellaneous
Makes technical changes. (Sec. 6, 7)
Makes technical and conforming changes. (Sec. 1-5)
Contains an applicability clause. (Sec. 8)

Initials JR Regulatory Affairs

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fourth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Regulatory Affairs BILL NO. __HB 2713
DATE February 03, 2020 MOTION: dl a)
PASS AYE NAY PRESENT | ABSENT
Blackman J
Powers Hannley V4
Shah vA
Teran SS
Toma 4
Nutt, Vice-Chairman vA
Grantham, Chairman J
4 3 oO oO

APPROVED: GOMMITTEE SECRETARY

a a
TRAVIS W. GRANTHAM, Chairman
BECKY A. NUTT, Vice-Chairman

ATTACHMENT. / 5.

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