Arizona House of Representatives Committee on Commerce — Report of Regular Meeting, January 23, 2024 (Fifty-sixth Legislature, Second Regular Session)

Summary

A report of the regular meeting of the Committee on Commerce of the Arizona House of Representatives, Fifty-sixth Legislature, Second Regular Session, held Tuesday, January 23, 2024 in House Hearing Room 3. The minutes record that the meeting convened at 2:05 P.M. and adjourned at 5:13 P.M., with Representative Wilmeth as Chairman and Representative Carbone as Vice-Chairman, and list the members present. Committee action is recorded on four bills: HB2146 DPA by 10-0-0-0, HB2040 DP by 9-1-0-0, HB2194 DP by 10-0-0-0 and HB2090 DPA by 10-0-0-0. The attachments include the agenda, a Request to Speak report giving registrants and their comments, an attendance record, roll call vote sheets, proposed amendments, and staff summaries on cooling in mobile home parks, bots in online ticket sales, ticket resale restrictions and apprenticeship certificates.

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-sixth Legislature - Second Regular Session

COMMITTEE ON COMMERCE

Report of Regular Meeting
Tuesday, January 23, 2024
House Hearing Room 3 -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF FLOOR

Convened 2:05 P.M. ne
Recessed MINUTES REC
Reconvened CHIEF CLERK’S OFFICE

Adjourned 5:13 P.M. | / 94 / a

Members Present Members Absent
Representative Aguilar

Representative Austin

Representative Carter

Representative Gress

Representative Heap

Representative Hendrix

Representative Ortiz

Representative Sun

Representative Carbone, Vice-Chairman
Representative Wilmeth, Chairman

Agenda

Original Agenda — Attachment 1

Request to Speak
Report — Attachment 2
Committee Attendance
Report — Attachment 3

Committee Action

Bill Action Vote Attachments
HB2146 DPA 10-0-0-0 4,5,6
HB2040 DP 9-1-0-0 7,8

HB2194 DP 10-0-0-0 =—-9, 10, 11
HB2090 DPA 10-0-0-0 12, 13, 14

ALAIN N hey

Susan Nelson, Committee Secretary
January 24, 2024

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

COMMITTEE ON COMMERCE
January 23, 2024
REVISED #2- 1/22/24 REVISED #2- 1/22/24

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature - Second Regular Session

REGULAR MEETING AGENDA

COMMITTEE ON COMMERCE

DATE Tuesday, January 23, 2024 ROOM HHR3

Meinbers of the public may access a livestream of the meeting here:
https:/Avww.azlee.zov/videoplayer/?client1D=636 | 162879&eventID=202401 1094

REVISED #2- 1/22/24

CONVENED: 2:05p¢
ADTOURNED: S:18)M

TIME 2:00 P.M, or upon recess or

adjournment of Floor

Members:
Representative Aguilar Representative Heap Representative Sun
Representative Austin Representative Hendrix Representative Carbone, Vice-Chairman
Representative Carter Representative Ortiz Representative Wilmeth, Chairman

Representative Gress

e Introduction of staff

Bills Short Title

| HB2040 Pp event online ticket sales
(Cook: Ortiz, Pawlik, et al)

Q. ] QQ COM, RULES

uy HB2090 t p apprenticeship programs; completion; ROC filings

(Hendrix)
JO+ 0. p.(POM: RULES
———— Hendrix)
COM,;RULES

| HB2146 p p A mobile homes; cooling; prohibition
(Cook: Gress)

lo eC) efOM, RULES

HBI185 diquor:peleies: precedures
COM,RULES
Page 1 of 2

Strike Everything Title

Attachment |
Bills Short Title Strike Everything Title

3 HB2194 D p ticket resales; restrictions
= (Cook: Gillette, Ortiz, et al)

(0. 0: 0 po™, RULES
(Gress)
COM,RULES

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

RA
VG
RA
OLA-H2024
01/22/2024

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
Information Registered on the Request to Speak System

House Commerce (1/23/2024)

HB2040, event online ticket sales

Support:

Randall Vogel, representing self; Howard Waltzman, representing self; Jeremy Gerlach, LIVE NATION
ENTERTAINMENT, Ticketmaster; Miranda DeWitt, MESA, CITY OF; Shaun Rieve, Ticketmaster; Marilyn Rodriguez,
Rural Arizona Action (RAZA); Courtney Coolidge, AZ CHAMBER OF COMMERCE; Nicole LaSlavic, ARIZONA LODGING
AND TOURISM ASSOCIATION; Bobby Bauders, representing self; Julie Fisher, representing self; Mackenzie Shane,
GREATER PHOENIX CHAMBER OF COMMERCE; Tyler Stein, representing self; Madison Rock, RURAL ARIZONA
ACTION; David Touhey, representing self; Jon Cavaletto, representing self

Neutral:
Kelsey Lundy, VIVID SEATS

Oppose:

Sean Auyash, representing self; Brian Hess, representing self; John Kelly, Principal, Stubhub

All Comments:

David Touhey, Self: On behaif of international Association of Venue Managers for the bill in it's current form; Jon
Cavaletto, Self: On behalf of the Vista Center for the Arts Nonprofit Board of Directors, we are in favor of HB2040.;
Sean Auyash, Self: We do not oppose the intent of the bill, but we want to work with the sponsor on clarifying
amendments to achieve their intended objectives.; Brian Hess, Self: | support the themes of the bill, however,
there are a some amendments necessary to adequately protect consumers.; John Kelly, Stubhub: The effort to ban
bots is admirable, but this bill needs some work to protect rights of consumers.; Kelsey Lundy, VIVID SEATS:
Supportive with Wilmeth Amendment

HB2090, apprenticeship programs; completion; ROC filings

Support:

Barry M. Aarons, ASSOCIATED SPECIALTY CONTRACTORS OF ARIZONA; Debra Margraf, Executive Director, AZ
CHAPTER NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION; Kevin DeMenna, Arizonans For Fair Contracting;
Ryan DeMenna, Arizonans For Fair Contracting; David M. Martin, ARIZONA CHAPTER Of The ASSOCIATED GENERAL
CONTRACTORS OF AMERICA, INC.; Marilyn Rodriguez, Rural Arizona Action (RAZA); Joseph Myers, representing
self; Jeff Franklin, representing self; Robin Davis, representing self; Valerie Williamson, representing self; John
Baumer, ARIZONA CHAPTER OF NAIOP; Angelica Terrazas, ARIZONA MASONRY COUNCIL; Brian Tassinari, ARIZONA
MASONRY COUNCIL; Madison Rock, RURAL ARIZONA ACTION; Jack W Lunsford, Self, THE LUNSFORD GROUP

Neutral:
Melanie Richards, AZ DEPT OF ECONOMIC SECURITY

Attachment. de
Oppose:

David Schafranka, representing self; C D Tavares, representing self; Brandon LaBorde, representing self; Jeanne
Tavares, representing self; Michael Meacham, representing self; Robert Puckett, representing self; Leslee
Steinmann, representing self; Charles Mackey, representing self; Nikki Colletti, representing self; Allen Skillicorn -
Personal Position , representing self; Darla Kissling, representing self; Richard Kissling, representing self; Mary Ann
Johnston, representing self; Cherie Anello, representing self; Peter Anello, representing self; Cynthia Newswander,
representing self; Crystal O, representing self; Gwen Carey, representing self; Michelle Verna, representing self;
Mathia Hassett, representing self; Gretchen Petersen, representing self; John Hassett, representing self; Mary
Jamsa, representing self; Michael Mote, representing self; Kathryn Atwood, representing self; Joseph Vaillancourt,
representing self; Gary Zimmerman, representing self; Donna Malik, representing self

All Comments:

Debra Margraf, AZ CHAPTER NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION: This bill adds value to those
who have completed an apprenticeship in the trades. This bill does not create any additional regulations. We
support the amendments.; Joseph Myers, Self: Holding state certification as a contractor is a good thing. in some
cases, it may not always be necessary; thus, | suggest an amendment that includes language, e.g. from "Shall" to
“May.”; C D Tavares, Self: Would be acceptable if SHALL were changed to MAY.; Brandon LaBorde, Self: If you push
this forward, amend it to say "May" not "shall". No additional bureaucracy.; Mathia Hassett, Seif: Please amend by
changing SHALL to MAY.; Gretchen Petersen, Self: Suggest an amendment of SHALL to MAY.; John Hassett, Self:
We would not be against this if the words shall register were changed to may register; Mary Jamsa, Self: | support
this bill.; Michael Mote, Self: This bill should be amended to state "MAY" instead of “SHALL”. Without that change,
it is simply more government overreach.; Kathryn Atwood, Self: The wording on this should be MAY (NOT SHALL};
Gary Zimmerman, Self: Adds more red tape/bureaucracy we don't need. At least should be amended from SHALL
to MAY.

HB2146, mobile homes; cooling; prohibition

Support:

Elizabeth Goodman, WILDFIRE; Maxine Becker, representing self; Patricia Solis, representing self; Pat Schoneck,
representing self; Kathryn Senseman, representing self; Dennis J Legere, ARIZONA HOMEOWNERS COALITION;
Marilyn Rodriguez, Rural Arizona Action (RAZA); Harold Bergsma, representing self; Bobby Bauders, representing
self; Jane Ahern, representing self; Geraldine Miranda, THE ARIZONA CENTER FOR ECONOMIC PROGRESS; Tyler
Stein, representing self; Madison Rock, RURAL ARIZONA ACTION; Dana Paschke, ARIZONA ASSOCIATION OF
MANUFACTURED HOMEOWNERS

Neutral:
Janna Day, MANUFACTURED HOUSING COMMUNITIES OF AZ INC.

All Comments:

Maxine Becker, Self: Speak on the need to ensure low-income and vulnerable mobile home residents can install
necessary commercial cooling equipment to prevent heat-related illness and death.; Patricia Solis, Self: Wishing to
speak to the need for protection of residents of mobile and manufactured housing in the face of extreme heat.;
Dana Paschke, ARIZONA ASSOCIATION OF MANUFACTURED HOMEOWNERS: Support the bill and the proposed
amendment.; Janna Day, MANUFACTURED HOUSING COMMUNITIES OF AZ INC.: We want to work with the
sponsor and proponents to address concerns of the park owners.
HB2194. ticket resales: restrictions

Support:

Amilyn Pierce, representing self; Jon Cavaletto, representing self; Randall Vogel, representing self; Howard
Waltzman, representing self; Miranda DeWitt, MESA, CITY OF; Marilyn Rodriguez, Rural Arizona Action {RAZA};
Courtney Coolidge, AZ CHAMBER OF COMMERCE; Nicole LaSlavic, ARIZONA LODGING AND TOURISM
ASSOCIATION; Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE; Tyler Stein, representing self;
Madison Rock, RURAL ARIZONA ACTION; David Touhey, representing self; Jeremy Gerlach, LIVE NATION
ENTERTAINMENT, Ticketmaster; Shaun Rieve, Ticketmaster

Oppose:
Kelsey Lundy, VIVID SEATS; Sean Auyash, representing self; Brian Hess, representing self; John Kelly, Principal,
Stubhub

All Comments:

Jon Cavaletto, Self: | would like to speak to the direct impact and necessity for the approval of HB2194. in addition,
| would like to see an amendment addressing the issue of credit card charge-backs associated with third party
ticket resales be added to this bill.; David Touhey, Self: On behaif of international Association of Venue Managers
for the bill in it's current form; Kelsey Lundy, VIVID SEATS: Supportive with Wilmeth Amendments 1 & 2.; Sean
Auyash, Self: We do not oppose the intent of the bill, but want to work with the sponsor on clarifying amendments
to achieve their intended objective.; Brian Hess, Self: | support the themes of the bill, however, there are a some
amendments necessary to adequately protect consumers.; John Kelly, Stubhub: The effort to ban speculative
ticketing is admirable, but this bill needs work to protect consumer rights.
ARIZONA STATE LEGISLATURE

Fifty-sixth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON COMMERCE
CHAIRMAN: Justin Wilmeth VICE-CHAIRMAN: Michael Carbone
DATE 01/23/24 124 124 /24 124
CONVENED Ri0gpm m m m m
RECESSED
RECONVENED
ADJOURNED SiLSpM
MEMBERS
Aguilar v
Austin v
Carter v
Gress VA
Heap vA
Hendrix "4
Ortiz Vv
Sun v
Carbone, Vice-Chairman V
Wilmeth, Chairman V

V Present --- Absent exc Excused

Attachment Ao
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB2146: mobile homes; cooling; prohibition
Sponsor: Representative Cook, LD 7
Committee on Commerce

Overview
Specifies a mobile home park owner or operator cannot prohibit the installation of reasonably
necessary cooling methods.

History
A.R.S. § 33-1452 directs the landlord of a mobile home park to create written rules or

regulations concerning the tenant's use and occupancy of the premises to promote the
convenience, safety or welfare of tenants, preserve property or upgrade the quality of the
mobile home park. Tenants who bring a mobile home into the park or who purchase an
existing mobile home must comply with all statements of policy and rules or regulations,
including those pertaining to the size, condition and appearance of the mobile home. Statute
outlines prohibitions for a mobile home park owner or operator pertaining to the tenant's use
and occupancy of the premises.

Provisions

1. Prevents a mobile home park owner or operator from prohibiting a tenant from installing
reasonably necessary cooling methods to reduce energy costs and prevent heat-related
illness and death. (Sec. 1)

2. Makes a technical change. (Sec. 1)

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

HB 2146
Initials PB Page 1 Commerce

attachment t_
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2146

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2146
(Reference to printed bill)

1 Page 3, line 16, strike "TEMPORARY"

2 Amend title to conform

JUSTIN WILMETH

2146WILMETH. docx
01/22/2024

09:24 AM

H: LG@/ra

Attachment 5 ‘

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

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. __HB 2146

DATE January 23, 2024 motion: DPA

PASS AYE NAY PRESENT | ABSENT
Aguilar VA
Austin We
Carter 4
Gress v ;
Heap Vv
Hendrix WA
Ortiz vw
Sun v
Carbone, Vice-Chairman ~
Wilmeth, Chairman ra

lo | OC O O
Auten Xx

APPROV COMMITTEE xh At

> Chairman
AEL CARBONE, Vice-Chairman

ATTACHMENT. G
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2040: event online ticket sales
Sponsor: Representative Cook, LD 7
Committee on Commerce

Overview
Creates laws prohibiting a person from using or creating a bot to purchase tickets for an
online ticket sale.

History
Pursuant to A.R.S § 13-3718, it is unlawful for a person to sell an entertainment event ticket,

which was purchased with the intent to resale, for a price that exceeds the face value,
including taxes and other charges, while being within 200 feet of entry to the venue where
the event is being held or the venues parking area. Additionally, it is unlawful to alter a
ticket's printed price without the original vendor's written consent. Persons found in violation
are subject to a petty offense.

Provisions
1. Prohibits a person from using or creating a bot to:

a) purchase tickets in excess of the listed limit for an online ticket sale;

b) use multiple internet protocol addresses, multiple purchaser accounts or multiple
email addresses to purchase tickets in excess of the posted limit for an online ticket
sale;

c) circumvent or disable an electronic queue, waiting period, presale code or other sales
volume limitation system associated with online ticket sale;

d) circumvent or disable a security measure, access control system or other control or
measure that is used to facilitate authorized entry to an event. (Sec 1)

2. Permits the Attorney General (AG) to investigate a claim that a person violated laws
relating to event online ticket sales. (Sec 1)

3. Stipulates the AG may bring action to restrain or enjoin the person who is violating event
online ticket sales laws. (Sec. 1)

4. Allows the AG to seek restitution and petition a district court for the assessment of a civil
penalty. (Sec 1)

5. Specifies a person who knowingly violates event online ticket sales laws is liable for a civil
penalty of up to $10,000 for each violation. (Sec 1)

6. Specifies each ticket transaction in which a ticket is acquired to be sold in violation of
event online ticket sales laws constitutes a separate violation for the purpose of assessing
a civil penalty. ee 1)

C] Prop 105 (45 votes) OO Prop 108 (40 votes) ( Emergency (40 votes) [1 Fiscal Note

HB 2040
Initials PB Page 1 Commerce

attachment |
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2040

DATE January 23, 2024 MOTION: | ) P
PASS AYE NAY PRESENT | ABSENT

Aguilar /

Austin VA

Carter ~

Gress VA

Heap ~

Hendrix 4

Ortiz 4

Sun VA

Carbone, Vice-Chairman v

Wilmeth, Chairman VA

Sudan ( inv

APPROVELY ~ZOMMITTEE SECRETARY

SSTIN WILMETH, Chairman
EL CARBONE, Vice-Chairman

ATTACHMENT. z
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2194: ticket resales; restrictions
Sponsor: Representative Cook, LD 7
Committee on Commerce

Overview
Establishes laws outlining restrictions and prohibitions relating to ticket resales.

History
Pursuant to A.R.S § 13-3718, it is unlawful for a person to sell an entertainment event ticket,

which was purchased with the intent to resale, for a price that exceeds the face value,
including taxes and other charges, while being within 200 feet of entry to the venue where
the event is being held or the venues parking area. Additionally, it is unlawful to alter a
ticket's printed price without the original vendor's written consent. Persons found in violation
are subject to a petty offense.

Provisions
1. Prohibits a reseller, a secondary ticket exchange, or their affiliates from:
a) reselling more than one copy of the same ticket to an athletic contest or live
entertainment event;
b) employing a person to wait in line to purchase tickets for the purpose of reselling the
ticket if such practice is prohibited;
c) reselling a ticket without first informing the purchaser of the seating location or the
general admission area to which the ticket corresponds; or
d) reselling a ticket or advertising a ticket for resale, unless:
i. the ticket is in the possession or constructive possession of the reseller; or
ii. the reseller has a written contract with the rights holder to obtain the ticket. Sec
1)

2. Prohibits specified persons from reselling a ticket prior to being made available to the
public. (Sec. 1)

1 Prop 105 (45 votes) 0D Prop 108 (40 votes) © Emergency (40 votes) QO Fiscal Note

HB 2194
Initials PB Page 1 Commerce

Attachment |
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2194

DATE January 23, 2024 MOTION: i )f

PASS AYE NAY PRESENT | ABSENT
Aguilar Va
Austin Ve
Carter 4
Gress vo
Heap ra
Hendrix Y
Ortiz Va
Sun A
Carbone, Vice-Chairman VA
Wilmeth, Chairman VA

lof O| O | O

Ait Molva

APPROVED: OMMITTEE SECRETARY

JUSTI ILMETH, Chairman
MICHA ARBONE, Vice-Chairman
ATTACHMENT. 0

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session

HB 2090: apprenticeship programs; completion; ROC filings
Sponsor: Representative Hendrix, LD 14
Committee on Commerce

Overview
Requires a person to file a certificate of completion relating to apprenticeship programs with
the Registrar of Contractors (ROC).

History

According to the Arizona Department of Labor, apprenticeship programs provide apprentices
occupational related skills including on-the-job training. Programs must be registered with
the Arizona Apprenticeship Office.

The Arizona Apprenticeship Advisory Committee coordinates, advices and recommends
approval of procedures for the registration of apprenticeship programs and establishes
quality thresholds of employers and employees in a sound, voluntary system of
apprenticeship for men and women in skilled trades and occupations. Currently, there are
over 40 approved apprenticeship programs offered through the Department of Labor.

Provisions

1. Directs a person who completes a construction trade apprenticeship program approved
by the U.S. Department of Labor or the Arizona Department of Economic Security to file
a certificate of completion with the ROC. (Sec 1)

2. Requires the ROC to maintain the certificates of completion. (See 1)

DO Prop 105 (45 votes) ( Prop 108 (40 votes) £] Emergency (40 votes) O Fiscal Note

HB 2090
Initials PB Page 1 Commerce

Attachment_[2_
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2090

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2090
(Reference to printed bill)

1 Page 1, line 4, after "completion" insert "; filing with registrar”
2 Line 5, before "IF" insert "A. EXCEPT AS PROVIDED IN SUBSECTION B OF THIS
3 SECTION,"
4 Line 7, after "COMPLETION" insert "AND ANY RELATED UPDATES TO THE CERTIFICATE,
5 INCLUDING DOCUMENTATION FOR COMPLETED CONTINUING EDUCATION COURSES,"
6 Line 8, after the period strike remainder of line
7 Strike line 9, insert:
8 "B. AN ENTITY THAT ISSUES A PERSON A CERTIFICATE OF COMPLETION AS
9 DESCRIBED IN SUBSECTION A OF THIS SECTION MAY FILE THE CERTIFICATE WITH THE
10 REGISTRAR ON BEHALF OF THE PERSON.
11 C. THE REGISTRAR SHALL MAINTAIN ALL DOCUMENTS THAT ARE FILED

12 PURSUANT TO THIS SECTION."

13 Amend title to conform

LAURIN HENDRIX
20S OBLANK HOCK
Ot 1872624
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2090HENDRIX.docx
01/19/2024

10:01 AM

H: PB

Attachment [ 3
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON BILL NO. HB 2090
DATE January 23, 2024 MOTION: J YF A
AYE NAY PRESENT | ABSENT

Aguilar Y

Austin 4

Carter VA

Gress Y

Heap VA

Hendrix V4

Ortiz vA

Sun rs

Carbone, Vice-Chairman VA

Wilmeth, Chairman JS

°

O| © | O

A Uso | Neo tawrn.

ZA

JU WILMETH, Chairman
MIC L CARBONE, Vice-Chairman

/COMMITTEE SECRETARY

Tee

ATTACHMENT. | l

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