"Arizona House of Representatives Committee on Commerce Report of Regular Meeting (February 13, 2024)"
Summary
The report of the regular meeting of the Arizona House of Representatives Committee on Commerce, Fifty-sixth Legislature, Second Regular Session, held Tuesday, February 13, 2024, with Representative Wilmeth as Chairman and Representative Carbone as Vice-Chairman. The report records the meeting convening at 2:34 P.M. and adjourning at 8:05 P.M., and lists the committee action on each bill. HB2770 and HB2734 are recorded as failing and then advancing on reconsideration, HB2409 as held, and HB2209, HB2599, HB2884 and HB2648 among the bills given amended recommendations. Attached are the meeting agenda and the Request to Speak report listing public positions on bills including HB2282, HB2409 and HB2592. The document closes with an amendment to HB 2734 bearing the name of Matt Gress and roll call vote sheets for the committee.
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, February 13, 2024
House Hearing Room 3 -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF FLOOR
Convened 2:34 P.M.
Recessed 7:45 P.M.
Reconvened 7:57 P.M.
Adjourned 8:05 P.M.
Members Present
Representative Aguilar
Representative Austin
Representative Carter
Representative Gress
Representative Heap
Representative Hendrix
Representative Liguori
Representative Ortiz
Representative Carbone, Vice-Chairman
Representative Wilmeth, Chairman
Agenda
Original Agenda — Attachment |
Request to Speak
Report — Attachment 2
Committee Attendance
Report — Attachment 3
Committee Action
Bill Action
HB2770 Failed
HB2599 DPA
HB2209 DPA
HB2592 DP
HB2282 DP
HB2884 DPA
HB2885 DP
HB2780 Failed
HB2648 DPA/SE
HB2861 DP
HB2734 Failed
HB2252 DP
HB2734 DPA/SE on reconsideration
HB2770 DP _ on reconsideration
HB2409 HELD
Members Absent
Vote
5-5-0-0
10-0-0-0
10-0-0-0
6-4-0-0
6-4-0-0
6-4-0-0
10-0-0-0
5-5-0-0
9-0-1-0
10-0-0-0
4-5-1-0
10-0-0-0
9-1-0-0
6-4-0-0
MINUTES RECEIVED
CHIEF CLERK'S OFFICE
all4/a4
Attachments
4,5
6, 7, 8,9
10, 11, 12, 13
14,15
16, 17
18, 19, 20
21, 22
23, 24, 25, 26
27, 28, 29, 30, 31
32, 33
34, 35
36, 37
38, 39, 40, 41
42
Ai Ld QO pho
Susan Hyghes, Committee Secrefary
February 14, 2024
(Original attachments on file in the Office of the Chief Clerk; video archives available at http://www.azleg.gov)
COMMITTEE ON COMMERCE
February 13, 2024
REVISED #4- 2/13/24 REVISED #4- 2/13/24 REVISED #4- 2/13/24
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Sessi 5
ifty-sixth Legislature - Second Regular Session CONENED:! Qi B4N
REGULAR MEETING AGENDA AE C ESS E02 Pi ip V\
COMMITTEE ON COMMERCE REOmMeEWeg! 7! 570%
DATE Tuesday, February 13, 2024 ROOM HHR3 TIME 2:uU Pi : & VER fecess § Op ¥)
adjournment of Floor
Members of the public may access a livestream of the meeting here:
htips://www.azleg.gov/videoplayer/?client1D=6361 162879&eventID=202402 1060
Members:
Representative Aguilar Representative Heap Representative Ortiz
Representative Austin Representative Hendrix Representative Carbone, Vice-Chairman
Representative Carter ; i : Representative Wilmeth, Chairman
Representative Gress er Presents’ Liguori
Bills Short Title Strike Everything Title
3 HB2209 . p industrial conunission of Arizona; continuation
(Livingston)
{0- 0:00 COM, RULES
f 2HB2252 professional employer organization; repeal
_DP (Wilmeth)
[0°00 » OM, RULES
unemployment; requirements; disqualifications;
45 HB2282
D P shared work
(Biasiucci)
GH OO COM, RULES
HB2409 4 ra LD deeds; personal appearance requirement
——___— (Gillette: Aguilar, Biasiucci, et al)
COM, RULES
Martinez: Biasiueei, Gress, et al.
COM, RULES
unemployment insurance; benefit amounts;
4 HB2592 p
D definition
; (Carbone: Biasiucci, Bliss, et al}
? t{}e
be t0.0 COM, RULES
Page 1 of 2 Attachment _| _
Bills Short Title Strike Everything Title
a HB2599 pPA health care appeals
(Livingston)
10 :0:0.0) COM, RULES
gq HB2648 motor vehicle manufacturers; TPT; exemption S/E: condominiums; planned communities;
artinez: Shope) lien; assessment
9. 0+ |«QWM wid, COM, RULES
ie) 2it 4 a)
{| HB2734 fe . ... affordable housing; parking requirements; rd S/E: public hearings; voting
LED prohibition ON Recon PPAISE G-}-0- OD
xf 5. 0 (Ortiz: Biasiucci, Pefia)
50 COM, RULES
Pr . -delivery -—— — 424970 ’ F —()-
| HB2770 a LED marijuana; interstate agreements; delivery 4 le Wliow iD) P 6 4-0-0
. 4 . , :
th (Wiimeth: Gowan) iu OW Reani \oue
5+ 5+ 0*QCOM, RULES -
e HB2780 F, mn i LE none correction; military; special plates S/E: Arizona space commission; appropriation
: (Wilmeth)
Giner O OCOM, RULES
condominiums; terminations
}O HB2861 b
VP (Schwiebert: Wilmeth)
lo t 0+ Orch OM; RULES
zero-emission vehicle program; rebate
(> HB2884 yj.
DPA (Wilmeth: Biasiucci, Hernandez A)
(:4/: 0:0 COM, RULES
7 HB2885 D Pp apprenticeship; supervised probation
———. (Hernandez A: Biasiucci, Blattman, et al)
4EICR2061 United States;-Faiwan; supporting trade
—. (Blattman)
* If printed, first read and assigned
ORDER OF BILLS TO BE SET BY THE CHAIRMAN
NG
OxO92024
82420024
02/13/2024
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 (2/13/2024)
HB2209, industrial commission of Arizona; continuation
Support:
L Carpenter, representing self; Marc Osborn, 7710 Insurance Company; Barry M. Aarons, AZ ASSN OF LAWYERS
FOR INJURED WORKERS; Chad Heinrich, NATIONAL FEDERATION OF INDEPENDENT BUSINESS; Spencer Kamps,
HOME BUILDERS ASSOCIATION OF CENTRAL AZ; Mark Kendall, COPPERPOINT INSURANCE COMPANY; Patricia
Mentz, representing self; Courtney Coolidge, AZ CHAMBER OF COMMERCE; Emily Rice, AZ SELF-INSURERS ASSOC;
Terri Edwards, INDEPENDENT INSURANCE AGENTS & BROKERS OF AZ; Angelica Terrazas, INJURED WORKERS
PHARMACY; Brian Tassinari, INJURED WORKERS PHARMACY
All Comments:
L Carpenter, Self: Oppose the Amendment by Representative Gress; Marc Osborn, 7710 Insurance Company:
Support the agency continuation
HB2252, professional employer organization: repeal
Oppose:
Patricia Mentz, representing self
HB2282, unemployment: requirements; disqualifications: shared work
Support: ,
Brian Sikma, representing self; Janna Day, CALPORTLAND CO; Chad Heinrich, NATIONAL FEDERATION OF
INDEPENDENT BUSINESS
Neutral:
Melanie Richards, AZ DEPT OF ECONOMIC SECURITY
Oppose:
Kerry Jackson, representing self; Ben Scheel, Opportunity Arizona; Ruthee Goldkorn, representing self; Pat
VanMaanen, representing self; Kenneth Bierman, representing self; Dianne Post, Self, STATE CONFERENCE NAACP;
Kathleen Pettycrew, representing self; James Scheid, representing self; Daniella Smith, Arizona Coalition For
Working Families; Becky Sayler, representing self; Sharon Lee, representing self; Patricia Mentz, representing self;
Joan Murphy, representing self; Martha O'Connor, representing self; Kathleen Dubbs, representing self; Francisco
"Hugo" Polanco, LIVING UNITED FOR CHANGE IN ARIZONA; Nancy Lecrone Nonini, representing self; Greg Parsons,
representing self; Dean Clatone, representing self
Attachment &
All Comments:
Chad Heinrich, NATIONAL FEDERATION OF INDEPENDENT BUSINESS: .; Kerry Jackson, Self: In the construction
industries workers are constantly working themselves out of a job. | personally have applied for unemployment
benefits many times but have never used all that was available. It helped me and others to remain in our trade.;
Pat VanMaanen, Self: This adds more red tape for folks who are trying to find work. Let's not make it harder for
them while unemployed and worried about finances.; Greg Parsons, Self: No one has time to check every claimant
in 7 data bases every week. The funding gets cut for government services, and yet they are asked to do more and
more and humanly cannot. Further, any of those data bases could be wrong and trigger a stop.
HB2409, deeds; personal appearance requirement
Support:
Debi Gotlieb, representing self; Jeanne Kentch Mohave County Assessor, representing self; Connie Martin,
representing self; Teri Grunewald, representing self; Kristin Baumgartner, representing self; Peter Asencio,
representing self
Oppose:
Matt Contorelli, Arizona Association Of Realtors; Tyler Newlon, representing self; Tom Farley, Arizona Mortgage
Lenders Association; James Fulgenzi, representing self; Dale Hardy, representing self; Stan Barnes, Rocket Central;
Lauren King, LAND TITLE ASSOCIATION OF ARIZONA (LTAA); Patricia Mentz, representing self; Citlali Chimal, AZ
ASSOCIATION OF COUNTIES; Jose Torres, TECHNOLOGY NETWORK AKA TECHNET; Kelsey Lundy, PROOF.COM
All Comments:
Jeanne Kentch Mohave County Assessor, Self: As the Assessor, it is clear that HB2409 will help curtail deed fraud.
There is not just one solution to deed fraud. This will help validate signers. 95% of the deed fraud comes from
over the counter quit claim deeds. Please help your Assessors.; Kristin Baumgartner, Self: I'm PC captain. Protects
citizens from deed theft, which is a problem. Yavapai Cty launched Eagle Fraud Alert to notified citizens if
something is filed with their name on it but this bill takes that further. UPS & others have notary services.; Peter
Asencio, Self: 1am a PC,; Tyler Newlon, Self: On behalf of the Land Title Association of Arizona / Pioneer Title
Agency
HB2592, unemployment insurance; benefit amounts; definition
Support:
Brian Sikma, representing self; Lady Surprise, representing self; Theresa Breithaupt, representing self
Neutral:
Melanie Richards, AZ DEPT OF ECONOMIC SECURITY
Oppose:
Mary Ann Graffagnino, representing self; Kerry Jackson, representing self; Ben Scheel, Opportunity Arizona;
kathleen mayer, representing self; Dave Long, representing self; Janie Hydrick, representing self; Steve Ramos,
representing self; Judith Simons, representing self; Mary Pradelt, representing self; Janet Larkin, representing self;
Sandra Kravetz, representing self; Steven Linder, representing self; Rebecca Smith Gross, representing self; Judith
Robbins, representing self; marilyn duerbeck, representing self; Maria Salvucci, representing self; Kevin Brown,
representing self; Beverly Janowitz-Price, representing self; Jeanne Casteen, representing self; Beatriz Urrea,
representing self; Karen Syversen, representing self; Sandra Weir, representing self; Dianne Post, representing self;
Elizabeth Putnam-Hidalgo, representing self; Cynthia Couture, representing self; Carol Maas, representing self;
Sherrilynn James, representing self; Donita Ramos, representing self; Daniella Smith, Arizona Coalition For Working
Families; Bryna Koch, representing self; Catherine Sigmon, representing self; Katherine Doman Sheydayi,
representing self; Elizabeth Schauer, representing self; Elizabeth Goff, representing self; Becky Sayler, representing
self; Susan Morris, representing self; Brent Gibbs, representing self; Alexei Sheydayl, representing self; Rebecca
Olsen McHood, representing self; Julie Golding, representing self; Christine Keitges, representing self; Jackie Rich,
representing self; Lawrence Peters, representing self; Alexandra Dubois, representing self; Linda Edwards,
representing self; Kathy Fraser, representing self; Kimberlee McClure, representing self; Jeri Dow, representing
self; Murdock Holloway, representing self; Jennifer Jones, representing self; Janet Senf, representing self; Janet
Johnson, representing self; Kathy Pyner, representing self; Patricia Mentz, representing self; Marilyn Coyle,
representing self; Donna Walkuski, representing self; Joan Murphy, representing self; Penny Boone, representing
self; Margaret Winchell, representing self; Ralph Meredith, representing self; Gayle Meredith, representing self;
Anne Leota Hart, representing self; Mary Santy, representing self; Valerie Policastro Edie, representing self;
Margaret Adams , representing self; Marilyn Childs, representing self; Mariette Francis, representing self; Kathleen
Dubbs, representing self; Paula Feely, representing self; Mary-Jeanne Fincher, representing self; Matthew Nelson,
representing self; William S. James, representing self; Stephen Coyle, representing self; Jo Ann Caruthers,
representing self; Paisley Rossetti, representing self; Michael Pyska, representing self; Steve Gorman-Hackstadt,
representing self; Dorothy Reed-inman, representing self; Jason Backman, representing self; Rebecca Haynes,
representing self; Mary Nelson, representing self; Francisco “Hugo” Polanco, LIVING UNITED FOR CHANGE IN
ARIZONA; Anne Thompson, representing self; Saher Afzal, representing self; Kirstin Woodburne, representing self;
Crystal Bazarnic, representing self; Gary Rulapaugh, representing self; Kathryn Anderson, representing self;
Charlotte Lis, representing self; leadawn anderton, representing self; Larry Scoufos, representing self; William
Yohey, representing self; Robert Fisher, representing self; Mary Gaudio, representing self; Dee Maitland,
representing self; Barbara Larson, representing self; Alice Patricia Price, representing self; Regina Pennington,
representing self; Aaron Torrance, representing self; Nicole Fordey, representing self; Katharine Donahue,
representing self; Joseph Alexander, representing self; Jacqueline deSa, representing self; Nelson Morgan,
representing self; Robert Larson, representing self; Srinivas Manne, representing self; Tre Byrd, representing self;
Eric Kadel, representing self; Gary Beverly, representing self; Melissa Galarza, representing self; Sarah Bihms LD29,
representing self; Frederick James, representing self; Jennifer Dawson, representing self; Linda Gross, representing
self; Kathleen Butler, representing self; Eric Harris, representing self; Christine Whitley, representing self; Cynthia
Wagner, representing self; Linda Block, representing self; Pamela Chittenden, representing self; Teresa Kelleher,
representing self; Sharon Arnst, representing self; Christopher Cerrato, representing self; Claire Bickel,
representing self; Jerrold Borchardt, representing self; Libby Stortz, representing self; Nancy Hancock, representing
self; Margaret Lacey, representing self; Nancy Pemberton, representing self; Barbara Jones, representing self;
Marilyn Murov, representing self; Susan Heck, representing self; Cynthia Paster, representing self; Karolyn Switzer,
representing self; Kathleen Sauer, representing self; William Bowlus-Root, representing self; Kathleen Schanus-
Gohl, representing self; Marcia Tingley, representing self; Lori Taniguchi, representing self; Jill Anderson,
representing self; Sarah Lee-Davisson, representing self; Denise Hudson, representing self; Margaret Tinsley,
representing self; Loretta O'Connor, representing self; Rebecca Shook, representing self; Sundrop Carter,
representing self; George Ehrlich, representing self; Kathleen Woessner, representing self; Janie Smieszek,
representing self; Kathy Boltz, representing self; Sharon Ehrlich, representing self; Aaron Essif, representing self;
Stevan Mrdalj, representing self; Nevena Mrdalj, representing self; Leslie Hanson, representing self; Nancee K
Wood, representing self; Elissa Karn, representing self; Andrea Golfen, representing self; Carol Garnett,
representing self; RITA DEPUYDT, representing self; Evan Deaubl, representing self; Connie Cockrell, representing
self; Carol Waymire, representing self; Julian Donahue, representing self; Diane McQueen, representing self;
Valarie Bryant, representing self; Jeanne Hardie, representing self; JOHN FIENE, representing self; Devon Sloan,
representing self; Lisa Koenig, representing self; Rivko Knox, representing self; Alison Danis, representing self; Gary
Townsend, representing self; Nora Welsh, representing self; marcia stewart, representing self; Nadya Laliberte,
representing self; Peggy Church, representing self; David Myers, representing self; Monica Bills, representing self;
Kathryn Dorn, representing self; Joan Rost, representing self; Michael Levine, representing self; Alicia Vaughan,
representing self; Sandra Adler, representing self; Dean Clatone, representing self
All Comments:
Mary Ann Graffagnino, Self: This would unfairly/disproportionately harm rural areas and BIPOC people who usually
have higher rates of unemployment compared to state averages. A person may have to accept a job that does not
match his/her skills and pays less thatn prior job.; Kerry Jackson, Self: NO...benefits should not be attached to the
unemployment rate... employees cannot chose when they are layed off in good standing because of the
completion of a construction project...NO; kathleen mayer, Self: this was a dumb bill fast year & it stillis. it is bad
for workers and the overall economy, esp. in rural areas.; Judith Robbins, Self: This bill would disproportionately
hurt rural areas & people of color who typically have higher rates of unemployment compared to the state average.
Vote no on this bill.; Elizabeth Putnam-Hidalgo, Self: NO! Disproportionately hurts already vulnerable people.;
Jackie Rich, Self: This would disproportionately harm rural areas and people of color.; Lawrence Peters, Self:
Disproportionately harms rural residents and people of color, who typicaily have higher rates of unemployment &
access to jobs when compared to the state average. Where’s the bill to encourage more businesses to offer jobs in
rural areas?; Linda Edwards, Self: Sounds punitive.; Jennifer Jones, Self: This bill would disproportionately affect
people in rural areas and people of color, who have higher than average unemployment rates.. No economists
were consulted on this bill.; Penny Boone, Self: NO. This bill is without equity for rural areas.; Matthew Nelson,
Self: Very bad bill for rural areas in Arizona; Rebecca Haynes, Self: This would disproportionately harm rural areas
and people of color, who typically have higher rates of unemployment compared to the state average. Bad for
workers and the economy.; Mary Nelson, Self: Data?; Kirstin Woodburne, Self: Reducing weeks of assistance will
force some people to accept jobs that do not match their skill sets and pay less than their prior earnings, which is
bad for both workers and the economy.; Mary Gaudio, Self: Would disproportionately affect rural areas and
people of color. Vote NO!; Nelson Morgan, Self: Overall unemployment rate is not a sufficient representation of
the distribution of unemployment across different segments and demographics.; Srinivas Manne, Self: Tying
unemployment assistance to STATE unemployment rate makes no sense when LOCAL unemployment rates can be
wildly different. People's ties to family and land often prevents them from moving to cities with better
employment.; Sarah Bihms LD29, Self: Reject HB2592 for its potential to harm those in rural areas and
communities of color by tying unemployment relief to a fluctuating state unemployment rate.; Cynthia Wagner,
Self: This would disproportionately harm rural areas and people of color, who typically have higher rates of
unemployment compared to the state average; Sharon Arnst, Self: Nonsense; punishes those who need to work
for their families; Susan Heck, Self: Still no; Karolyn Switzer, Self: For any one worker, the state enemployment rate
does not necessarily reflect his or her options. This is especially true for rural areas and people of color.; Marcia
Tingley, Self: Disproportionately harms rural areas and people of color. Bad for workers and the economy.;
Margaret Tinsley, Self: There is no economic basis for this bill, and it just make life harder for the unemployed.
Please vote no.; Janie Smieszek, Self: This would affect rural areas and people of color the most.; Carol Garnett,
Self: This would hurt those who live in rural areas where the job market is not good and jobs are scarce. Should
not be a state standard.; Connie Cockrell, Self: Totally unfair bill.; JOHN FIENE, Self: Incredibly bad for rural areas or
predominantly minority areas where fewer opportunities exist. Shortening unemployment relief only intensifies
misery. LD1 voter; Rivko Knox, Self: Will harm people in rural areas, where the unemployment rates tends to be
higher than in the state as a whole; same holds for some specific groups in the population. Poor public policy.;
Gary Townsend, Self: This would disproportionately harm rural areas and people of color, who typically have
higher rates of unemployment compared to the state average.; marcia stewart, Seif: no., allow economists to
revisit this, not politicians; Michael Levine, Self: This bilf is bad for both workers and the economy.
HB2599, health care appeals
Support:
Fausto Burruel, AZ DEPT. OF INSURANCE AND FINANCIAL INSTITUTIONS; Kathyrn Busby, Arizona Nurses
Association; Elizabeth Goodman, BLUE CROSS AND BLUE SHIELD OF ARIZONA; Marc Osborn, AMERICA'S HEALTH
INSURANCE PLANS {AHIP), Blue Cross Blue Shield Of Arizona; Chad Heinrich, Arizonans For Affordable Health
Coverage; Chuck Bassett, Blue Cross Blue Shield Of AZ
Neutral:
Regina Cobb, representing self
Oppose:
Patricia Mentz, representing self
Ail Comments:
Kathyrn Busby, Arizona Nurses Association: We support but request an amendment to add APRNs to definition of
providers allowed for independent external reviews. This would expand availability of reviewers and allow
providers with same licensure to review services provided by same..; Marc Osborn, AMERICA'S HEALTH
INSURANCE PLANS (AHIP), Blue Cross Blue Shield Of Arizona: Support meeting the federal! requirement; Chad
Heinrich, Arizonans For Affordable Health Coverage: .; Regina Cobb, Self: Az. dental Associaton, there are many
good changes but there is still work that needs to be done
HB2648, motor vehicle manufacturers; TPT: exemption
Support:
Dennis J Legere, ARIZONA HOMEOWNERS COALITION; Roseanne and Steve Elson, representing self; Kathryn
Kendall, representing self; Pierre Desombre, representing self; Tamara Jackson, representing self; jill carlon,
representing self; Lynne Weaver, representing self; Tony Velez, representing self; Sean Baguley, representing self;
Ron Meyerink, representing self; Darry] Jacobson-Barnes, representing self; Kurt Groniund, representing self;
Samuel Paparazzo, representing self; Eva Kuo, representing self; Catherine McGurk, representing self; Douglas
Kupel, representing self; Wayne Dwight, representing self; Lynda Christner, representing self; Linda Ross,
representing self; Margaret Mandell, representing self; Louise Candelaria, representing self; Michael Peters,
representing self; Debra Lynn Corey, representing self; Karen Cwiak, representing self; Lisa Marx, representing self;
Allen Skillicorn - Personal Position , representing self; Raymond Wasson, representing self; Kathleen Harden-
Wasson, representing self; Thomas Van Dan Elzen, representing self; Kathleen Garing, representing self; Sid Leach,
representing self; Mark LaPaim, representing self; John Krahn, representing self; Kevin Cotugno, representing self;
Gloria Leach, representing self; Candace Boening, representing self; DEAN YELENIK, representing self; brenda
simon, representing self; CYNTHIA BLACK, representing self; Douglas Simon, representing self; Barbara Kunkel,
representing self; Teresa Pinter, representing self; Greg Williams, representing self; Lora Rudolph, representing
self; Theresa Kim West, representing self; Rod Lippert, representing self; Stephen Gordon, representing self; Joy
LaCombe, representing self; Pamela Maddern, representing self; Barbara Lorraine, representing self; Sharon
Johnson, representing self; Denise Priddy, representing self; Corinne Braun, representing self; Margaret Lewis,
representing self; Teresa Hosterman, representing self; Clinton Friday, representing self; Doris Montrose,
representing self; Michele Morrison, representing self; Patrick O'Dea, representing self; Carole Gates, representing
self; Richard Hosterman, representing self; Gloria Hill Hupe, representing self; Kathy Dehler, representing self;
Michael Baldridge, representing self; Kaitlin Flores, representing self; George Burns, representing self; Kathy Riazi,
representing self; Kenneth Michael Halal, representing self; Candra Adams, representing self
Oppose:
Jason Barraza, Associate Director, ARIZONA ASSOCIATION OF COMMUNITY MANAGERS (AACM); Brian Lincks,
representing self; Mary Ann Graffagnino, representing self; Joan Murphy, representing self; Chad Gallacher,
representing self; Jeff Sandquist, ARIZONA ASSOCIATION OF COMMUNITY MANAGERS (AACM), ROBSON
COMMUNITIES; kathleen mayer, representing self; Dave Long, representing self; Janie Hydrick, representing self;
Steve Ramos, representing self; Judith Simons, representing self; Mary Pradelt, representing self; Sandra Kravetz,
representing self; Steven Linder, representing self; Rebecca Smith Gross, representing self; Judith Robbins,
representing self; marilyn duerbeck, representing self; Maria Salvucci, representing self; Kevin Brown, representing
self; Beverly Janowitz-Price, representing self; Jeanne Casteen, representing self; Beatriz Urrea, representing self;
Karen Syversen, representing self; Sandra Weir, representing self; Dianne Post, representing self; William Gregory
Eisert, representing self; Elizabeth Putnam-Hidalgo, representing self; Cynthia Couture, representing self; Carol
Maas, representing self; Sherrilynn James, representing self; Donita Ramos, representing self; Regina Pennington,
representing self; Kimberlee McClure, representing self; Aaron Torrance, representing self; Nicole Fordey,
representing self; Katharine Donahue, representing self; Joseph Alexander, representing self; Kathy Fraser,
representing self; Jacqueline deSa, representing self; Linda Edwards, representing self; Nelson Morgan,
representing self; Barbara Larson, representing self; Robert Larson, representing self; Srinivas Manne, representing
self; Brent Gibbs, representing self; Elizabeth Schauer, representing self; Valerie Policastro Edie, representing self;
Donna Walkuski, representing self; Tre Byrd, representing self; Jo Ann Caruthers, representing self; Penny Boone,
representing self; Janet Johnson, representing self; Eric Kadel, representing self; Gary Beverly, representing self;
Melissa Galarza, representing self; Sarah Bihms LD29, representing self; Frederick James, representing self; Jennifer
Dawson, representing self; Steve Gorman-Hackstadt, representing self; Linda Gross, representing self; Elizabeth
Goff, representing self; Robert Fisher, representing self; Kathleen Dubbs, representing self; Kathleen Butler,
representing self; Mary Nelson, representing self; Eric Harris, representing self; Carly Mahimeister, representing
self; Cynthia Wagner, representing self; Mary Santy, representing self; Linda Block, representing self; Teresa
Kelleher, representing self; Pamela Chittenden, representing self; Sheryl Douglas, representing self; Sharon Arnst,
representing self; Christopher Cerrato, representing self; Claire Bickel, representing self; Margaret Adams ,
representing self; Rebecca Haynes, representing self; Jerrold Borchardt, representing self; William S. James,
representing self; Libby Stortz, representing self; Nancy Hancock, representing self; Catherine Sigmon,
representing self; Margaret Lacey, representing self; Nancy Pemberton, representing self; Barbara Jones,
representing self; leadawn anderton, representing self; Murdock Holloway, representing self; Marilyn Murov,
representing self; Marilyn Coyle, representing self; Susan Heck, representing self; Cynthia Paster, representing self;
Stephen Coyle, representing self; Karolyn Switzer, representing self; Paula Feely, representing self; Kathleen Sauer,
representing self; William Bowlus-Root, representing self; Kathleen Schanus-Gohl, representing self; Marcia Tingley,
representing self; Kathy Pyner, representing self; Kevin O'Reilly, representing self; Lori Taniguchi, representing
self; Alexandra Dubois, representing self; Marie Thearle, representing self; Susan Morris, representing self; Jill
Anderson, representing self; Mary-Jeanne Fincher, representing self; Denise Hudson, representing self; Margaret
Tinsley, representing self; Loretta O'Connor, representing self; Jennifer Jones, representing self; Anne Leota Hart,
representing self; Rebecca Shook, representing self; Sundrop Carter, representing self; George Ehrlich,
representing self; Patricia Mentz, representing self; Kathleen Woessner, representing self; Janie Smieszek,
representing self; Kathy Boltz, representing self; Sharon Ehrlich, representing self; Bryna Koch, representing self;
Dee Maitland, representing self; Becky Sayler, representing self; Aaron Essif, representing self; Stevan Mrdalj,
representing self; Nevena Mrdalj, representing self; Leslie Hanson, representing self; Julie Golding, representing
self; Jackie Rich, representing self; Sharon Regen, representing self; Christine Keitges, representing self; Jeri Dow,
representing self; Nancee K Wood, representing self; Gayle Meredith, representing self; Ralph Meredith,
representing self; Elissa Karn, representing self; Kirstin Woodburne, representing self; Carol Garnett, representing
self; RITA DEPUYDT, representing self; Evan Deaubl, representing self; Andrea Golfen, representing self; Connie
Cockrell, representing self; Mary Gaudio, representing self; Carol Waymire, representing self; Julian Donahue,
representing self; Diane McQueen, representing self; Kathryn Anderson, representing self; Marilyn Childs,
representing self; Rebecca Olsen McHood, representing self; Valarie Bryant, representing self; Jeanne Hardie,
representing self; Mariette Francis, representing self; JOHN FIENE, representing self; Devon Sloan, representing
self; Lisa Koenig, representing self; William Yohey, representing self; Lady Surprise, representing self; Janet Senf,
representing self; Dorothy Reed-Inman, representing self; Katherine Doman Sheydayi, representing self; Alexei
Sheydayl, representing self; Rivko Knox, representing self; Kate Bauer, representing self; Kylie Wheaton,
representing self; Alison Danis, representing self; Gary Townsend, representing self; Nora Welsh, representing self;
Michae! Pyska, representing self; marcia stewart, representing self; Nadya Laliberte, representing self; Anne
Thompson, representing self; Peggy Church, representing self; David Myers, representing self; Monica Bills,
representing self; Joan Rost, representing self; Kathryn Dorn, representing self; Michael Levine, representing self;
Saher Afzal, representing self; Alice Patricia Price, representing self; Alicia Vaughan, representing self; Lawrence
Peters, representing self; Charlotte Lis, representing self; Jenna Perkins, representing self; Margaret Winchell,
representing self; Sandra Adler, representing self; Crystal Bazarnic, representing self; Matthew Nelson,
representing self; Larry Scoufos, representing self; Dan Gleason, representing self
All Comments:
Dennis J Legere, ARIZONA HOMEOWNERS COALITION: The striker is a vital piece of legislation to end the predatory
collection practices used by some HOA attorneys to capitalize on a perceived loophole in the current law to charge
collection fees in excess of 10 times the delinquent assessment.; Roseanne and Steve Elson, Self: not in person;
Kathryn Kendall, Self: not in person; Pierre Desombre, Self: Not in person.; Tamara Jackson, Self: Will not speak in
person to the committee; Lynne Weaver, Self: Precinct Captain, State Committeeman. Please support this bill in
support of Homeowners living in HOAs.; Ron Meyerink, Self: Submitted to emphasize my support.; Darryl
Jacobson-Barnes, Self: Am in support of the strike all amendment that was agreed upon with Rep Carter. Please
vote in favor of this amendment; Eva Kuo, Self: 1 am not able to speak on this issue. However, this striker is
designed to clarify existing HOA law and may prevent certain predatory collection practices employed by collection
attorneys which may prevent homeowners from paying off their debt.; Douglas Kupel, Self: Support the strike
everything amendment of Rep. Carter. Not able to speak in person.; Debra Lynn Corey, Self: | am in favor of this
bill as a strike-all bill to affect ARS 33-1256 regarding AZ HOAs; Allen Skillicorn - Personal Position , Self: Great idea
to help AZ businesses.; Kevin Cotugno, Self: The strike everything should be adopted to protect homeowners.;
Greg Williams, Self: | will not be able to speak in person.; Margaret Lewis, Self: | will not speak in person to the
Committee, but | support HB2648; Doris Montrose, Seif: | will not speak in person to the committee.; Candra
Adams, Self: | will not speak in person.; Mary Ann Graffagnino, Self: AZ needs all the tax funds possible from out-
of-state residents. Why should they get a "free" pass.; Joan Murphy, Self: another give-away of your constituents
hard earned money? NO THANKS; kathleen mayer, Self: special legislation intended to benefit one car
manufacturer - it will cost the state $§ which we cannot afford with an almost 2 billion dollar deficit; Judith Robbins,
Self: Out of state residents need to purchase vehicles and pay their fair share of taxes. Our state needs that
funding. This has already been vetoed. Focus on legislation that can fix real problems not create more! Vote NO;
William Gregory Eisert, Self: Restrictions are already self-imposed by all HOA owners via their contracted CC&Rs.
This bill institutes intrusive governmental! oppressive power into the equation. Such conditions imposed by this
legislation are poor government. Please vote no.; Elizabeth Putnam-Hidalgo, Self: NO! Not the way to make up the
huge deficit Az is facing; Katharine Donahue, Self: You buy here, you pay here.; Linda Edwards, Self: Why rob the
general fund? Does sponsor's child/relative live out-of-state and would benefit?; Nelson Morgan, Self: Yet another
tax cut, this one for nonresidents? Not a great idea, especially with the budget deficit.; Srinivas Manne, Self: Why
would we want to give away vehicle tax revenue to people from out of state? This bill makes zero sense.; Penny
Boone, Self: NO. This bill is a tax cut. NO tax cuts!; Gary Beverly, Self: fiscal damage to state budget while
benefiting one company; Sarah Bihms LD29, Self: Oppose HB2648, which prioritizes tax-free vehicle purchases for
nonresidents over the financial health of Arizona's already deficit-burdened general fund.; Kathleen Dubbs, Self:
Adding more to the deficit!; Carly Mahtmeister, Self: No one wants to visit Casa Grande to purchase a Lucid car tax
free. No more tax cuts!; Cynthia Wagner, Self: Arizona’s general fund faces a $1.7 billion deficit; Pamela
Chittenden, Self: Seriously- another conflict of interest that this state can’t afford.; Sharon Arnst, Self: Nonsense;
more red tape and a conflict of interest.; Rebecca Haynes, Self: Why should out-of-state people be given a tax
break at our expense, especially when we have a $1.7 billion deficit?; Susan Heck, Self: AZ needs the tax money to
counter the ESA voucher issues.; Karolyn Switzer, Self: The sponsor's district might gain (from Lucid Motors sales),
but the state general fund certainly would not. We need a healthy financial base.; Margaret Tinsley, Self: This is a
tax break Arizona cannot afford to benefit people who probably don't need it. It will not help Arizona at all. Please
vote no.; Janie Smieszek, Self: Ridiculous at the time AZ has a huge deficit; Jackie Rich, Self: Why give out of state
residents a tax break? Give tax breaks to residents!1; Carol Garnett, Self: Why treat out-of-state residents better
than your own voters? Loss of revenue with a 1.7 billion dollar deficit makes no sense.; Connie Cockrell, Self: AZ
has a $18+ deficit and you want to implement a sales tax exemption? No!; Mary Gaudio, Self: Bad policy when our
state general fund is facing a $1.78 deficit.; Marilyn Childs, Self: Why should non-residents get a tax break? If they
buy something here they should pay taxes on it just like residents. We have a huge budget deficit looming and
need to collect whatever money is possible, not diminish money.; Rebecca Olsen McHood, Self: Do business in AZ,
pay AZ taxes. that's the rules. Stop trying to give AZ $ away to people who don't even live here.; JOHN FIENE, Self:
This tax evasion scheme ignores AZ's need to recover from a $1.7 billion deficit. LD1 voter; Rivko Knox, Self: Oh
no!! Not another ‘special tax exemption't{! Even worse when AZ's has a deficit!!; Gary Townsend, Self: The cost is
speculative, between $5 and $15 million per year. Meanwhile, Arizona’s general fund faces a $1.7 billion deficit.;
marcia stewart, Self: No more tax relief. Have you noticed our deficit from out of control ESA handouts and tax
breaks. Appears to be written to support a local area NOT all the folks in AZ; Kathryn Dorn, Self: This is a weird and
transparently self-serving bill. Why on Earth would we, as a state, effectively subsidize the car purchases of other
states' residents?; Michael Levine, Self: The state already has a 1.7 billion dollar deficit, we don't need to add to it.;
Lawrence Peters, Self: Written to benefit Lucid Motors. Would add to AZ’s R legislature caused $1.7Billion deficit. A
shirking of lawmaker fiscal due diligence. R lawmakers should fix (and not add) their budget deficient & address
AZ’s water crisis.; Matthew Nelson, Self: Very expensive for Arizona with a 1.7 billion dollar deficit
HB2734, affordable housing; parking requirements; prohibition
Support:
Courtney Gilstrap LeVinus, Arizona Multihousing Association; Kerry Jackson, representing self; Salie Travis,
representing self; Christian Solorio, representing self; Dianne McCallister, Dominium; kathleen mayer, representing
self; Dave Long, representing self; Janie Hydrick, representing self; Pat VanMaanen, representing self; Steve Ramos,
representing self; Mary Pradelt, representing self; Janet Larkin, representing self; Rebecca Smith Gross,
representing self; Judith Robbins, representing self; marilyn duerbeck, representing self; Maria Salvucci,
representing self; Kevin Brown, representing self; Beverly Janowitz-Price, representing self; Eve Shapiro,
representing self; Jeanne Casteen, representing self; Beatriz Urrea, representing self; Sallie Kladnik, representing
self; Sandra Weir, representing self; Dianne Post, Self, STATE CONFERENCE NAACP; Elizabeth Putnam-Hidalgo,
representing self; Cynthia Couture, representing self; Carol Maas, representing self; Sherrilynn James, representing
self; Kathleen Pettycrew, representing self; Donita Ramos, representing self; Bryna Koch, representing self;
Catherine Sigmon, representing self; Katherine Doman Sheydayi, representing self; Elizabeth Schauer,
representing self; Elizabeth Goff, representing self; Christine Whitley, representing self; Becky Sayler, representing
self; Susan Morris, representing self; Brent Gibbs, representing self; Alexei Sheydayl, representing self; Rebecca
Olsen McHood, representing self; Julie Golding, representing self; Christine Keitges, representing self; Alexandra
Dubois, representing self; Linda Edwards, representing self; Kathy Fraser, representing self; Jeri Dow, representing
self; Murdock Holloway, representing self; Jennifer Jones, representing self; Janet Johnson, representing self; Kathy
Pyner, representing self; Carly Mah!meister, representing self; Marilyn Coyle, representing self; Donna Walkuski,
representing self; Penny Boone, representing self; Margaret Winchell, representing self; Ralph Meredith,
representing self; Gayle Meredith, representing self; Anne Leota Hart, representing self; Valerie Policastro Edie,
representing self; Margaret Adams , representing self; Marilyn Childs, representing self; Mariette Francis,
representing self; Kathleen Dubbs, representing self; Paula Feely, representing self; Paula Kaper, representing self;
Kathleen Martin, representing self; Mary-Jeanne Fincher, representing self; William S. James, representing self;
Stephen Coyle, representing self; Jo Ann Caruthers, representing self; Paisley Rossetti, representing self; Michael
Pyska, representing self; Dorothy Reed-Inman, representing self; Rebecca Haynes, representing self; Mary Nelson,
representing self; Linda Ekstrum, representing self; Anne Thompson, representing self; Saher Afzal, representing
self; Kirstin Woodburne, representing self; Bonnie Oakes, representing self; Crystal Bazarnic, representing self;
Gary Rulapaugh, representing self; Kathryn Anderson, representing self; Charlotte Lis, representing self; leadawn
anderton, representing self; Larry Scoufos, representing self; William Yohey, representing self; Robert Fisher,
representing self; Mary Gaudio, representing self; Dee Maitland, representing self; Barbara Larson, representing
self; Carol Garnett, representing self; Jennifer Dawson, representing self; Kathy Boltz, representing self; Margaret
Lacey, representing self; Linda Block, representing self; Roxanne Ereth, representing self; Annarose Lilly,
representing self; Diane McQueen, representing self; Ethan Knowlden, representing self; Dean Clatone,
representing self; Regina Pennington, representing self; Aaron Torrance, representing self; Nicole Fordey,
representing self; Jacqueline deSa, representing self; Robert Larson, representing self; Leslie Stallcop, representing
self; Joseph Alexander, representing self; Melanie Magisos, representing self; Nelson Morgan, representing self;
Eric Kadel, representing self; Srinivas Manne, representing self; Jeanne Hardie, representing self; Spencer Kamps,
HOME BUILDERS ASSOCIATION OF CENTRAL AZ; Melissa Galarza, representing self; Gary Beverly, representing self;
Sarah Bihms LD29, representing self; Frederick James, representing self; David Myers, representing self; Linda
Gross, representing self; Connie Cockrell, representing self; Teresa Kelleher, representing self; Eric Harris,
representing self; Cynthia Wagner, representing self; Jerrold Borchardt, representing self; Kathleen Butler,
representing self; Claire Bickel, representing self; Nancy Pemberton, representing self; Pamela Chittenden,
representing self; Nancy Hancock, representing self; Christopher Cerrato, representing self; Sharon Arnst,
representing self; Nancee K Wood, representing self; Libby Stortz, representing self; Susan Heck, representing self;
Cynthia Paster, representing self; Marcia Tingley, representing self; Barbara Jones, representing self; Marilyn
Murov, representing self; Karolyn Switzer, representing self; Kathleen Sauer, representing self; William Bowlus-
Root, representing self; Kathleen Schanus-Gohl, representing self; Jill Anderson, representing self; Denise Hudson,
representing self; Margaret Tinsley, representing self; Loretta O'Connor, representing self; Sundrop Carter,
representing self; Sheila Green, representing self; Kathleen Woessner, representing self; Donna Corbin,
representing self; Janie Smieszek, representing self; Aaron Essif, representing self; Nevena Mrdalj, representing
self; Stevan Mrdalj, representing self; Leslie Hanson, representing self; Evan Deaubl, representing self; Sharon
Regen, representing self; Andrea Golfen, representing self; Mark Fitzgerald, AZ MULTIHOUSING ASSOCIATION;
Joyce Howard, representing self; RITA DEPUYDT, representing self; Carol Waymire, representing self; marcia
stewart, representing self; Julie Bufkin, representing self; Freddy Soto, ARIZONA HOUSING COALITION; Valarie
Bryant, representing self; JOHN FIENE, representing self; Devon Sloan, representing self; Patricia Moran,
representing self; Rivko Knox, representing self; Douglas Cain, representing self; Gary Townsend, representing self;
Nora Welsh, representing self; Nadya Laliberte, representing self; Peggy Church, representing self; Monica Bills,
representing self; Kathryn Dorn, representing self; Joan Rost, representing self; Michael Levine, representing self;
Sandra Adler, representing self; Lois Hansen, representing self
Neutral:
Lawrence Peters, representing self
Oppose:
Katharine Donahue, representing self; Steve Gorman-Hackstadt, representing self; Mary Santy, representing self;
Julian Donahue, representing self; George Ehrlich, representing self; Sharon Ehrlich, representing self; Theresa
Breithaupt, representing self; Jackie Rich, representing self; Susan Edwards, representing self; Gary Saxhaug,
representing self; Barb Hinderland, representing self; Linda Busam, representing self; Charlie Silver, representing
self; Neal Haddad, representing self; Amanda Monize, representing self; Joe Fiumara, representing self; Susan
Garvey, representing self; Kathy Ailor, representing self; Dale Wiebusch, "SCOTTSDALE, CITY OF "; Mayor Nancy
Smith, representing self; Mayor Robyn Prud‘homme-Bauer, representing self, Mayor Craig McFarland,
representing self; Leslee Steinmann, representing self; Paul Davenport, representing self; Wayne Sapp,
representing self; Bonnie Davidson, representing self; Tom Doescher , representing self; Donna Booth,
representing self; Gretchen Petersen, representing self; lise Contreras, PHOENIX, CITY OF; Janet Senf, representing
self; Kay Bateman, representing self; Michael Mote, representing self; Mayor Ginny Dickey, representing self; Tom
Savage, LEAGUE OF ARIZONA CITIES & TOWNS; Rob Bohr, GILBERT, TOWN OF; Robert Wisler CITY OF APACHE
JUNCTION, representing self; Liz Barker Alvarez, AVONDALE, CITY OF
All Comments:
Kerry Jackson, Self: This is a common sense bill. Apartments all over have a large portion of their parking lots
empty.; Elizabeth Putnam-Hidalgo, Self: YES, as a part of the solution to overuse of fossil fuels.; Kathy Pyner, Self:
This should be local zoning.; Penny Boone, Self: YES This supports affordable housing and public transport.;
Kathleen Dubbs, Self: Anything that reduces asphalt (and, thus, the heat islands) has my support; Rebecca Haynes,
Self: It will improve rent affordability and livability by reducing costs associated with building parking spaces, steer
people toward public transit, and reduce the asphalt that adds to the urban heat island effect.; Mary Nelson, Self:
So logical; William Yohey, Self: Great idea. We need to have more use and expansion of ways to use public
transportation; Mary Gaudio, Self: Should help bring more affordability to rental units and encourage more public
transit use.; Carol Garnett, Self: Maybe this would encourage the use of public transit or options other than
automobiles.; Ethan Knowlden, Self: Reducing parking requirements will increase the development of affordable
housing for our seniors and special needs neighbors. Placing near services and public transportation just makes
sense. This is a small step in solving our housing shortage.; Katharine Donahue, Self: It will just force people to park
on the streets.; Srinivas Manne, Self: This is an excellent bill that will support high-density housing and walkability
in appropriate neighborhoods such as downtown and senior housing.; Sarah Bihms LD29, Self: Support the
reduction of mandatory parking spaces at certain residential developments, enhancing affordability and
encouraging public transit use.; David Myers, Self: As long as usage is monitored and more spaces for needy
individuals can be added if needed.; Teresa Kelleher, Self: Support lower costs for homes.; Susan Heck, Self:
reducing parking spaces also reduces asphalt.; Julian Donahue, Self: | am opposed to any measure that serves to
encourage population growth.; Karolyn Switzer, Self: This makes sense in those places where a car is not essential.;
Margaret Tinsley, Self: What a good idea! No reason to mandate parking spaces that will only sit empty. Please
vote yes on this.; Janie Smieszek, Self: Many good reasons to support this bill; Jackie Rich, Self: Don't usurp local
governments authority. They make locally intelligent decisions.; Susan Edwards, Self: The Legislature usurped
residents’ property rights by encouraging the over 70,000 AZ housing units already swallowed up by short-term
rentals - and destroying neighborhoods. Now you propose sweeping zoning changes to take our voices, too?;
Gary Saxhaug, Self: Helps allow for the implementation of 15-minute cities.; Barb Hinderland, Self: | strongly
oppose any 15 minute cities! Keep out of AZ!; Linda Busam, Self: HB2734 is the first step to implementing 15
minute cities. Vote NO!; Charlie Silver, Self: People who live in subsidized housing also have vehicles--many need
them to get to their multiple jobs and take care of their families.; Neal Haddad, Self: Eliminating residents’
Constitutional right to redress govt for grievances, removing a public hearing, removing right to petition for 2/3
vote. How--sponsor & supporters--is this democracy w/o citizen input on neighborhoods? Pls. OPPOSE 2734.; Joe
Fiumara, Self: Vote no on 15 min cities; Mayor Nancy Smith, Self: This bill sets an arbitrary number of public
hearings allowed for developments. Please stop trying to lay down bills that remove local control. Public
involvement is critical for a community.; Mayor Robyn Prud'homme-Bauer, Self: limits public involvement.; Mayor
Craig McFarland, Self: Against the $/E portion of this bill. Limiting the number of public meeting is bad legisiation.;
Paul Davenport, Self: The proposed S/E amendment to scale back public hearings would make it harder for
residents to provide input. That's not a good thing for effective decision-making and representative government.;
Bonnie Davidson, Self: This issue should be left up to each individual city according to their needs. This should not
be Arizona law}; lise Contreras, PHOENIX, CITY OF: Respectfully opposed to the strike everything amendment being
offered which limits citizen input on planning and development.; Freddy Soto, ARIZONA HOUSING COALITION: We
are in support of the Strike Everything amendment.; JOHN FIENE, Self: Reducing apartment parking requirements
would enhance affordability and produce less urban heat. LD1 voter; Rivko Knox, Self: A great way to help reduce
the cost of housing, especially when it is so high now & so many people can't afford what is being built!!; Gary
Townsend, Self: It will improve rent affordability and livability by reducing costs associated with building parking
spaces, steer people toward public transit, and reduce the asphalt that adds to the urban heat island effect.; Kay
Bateman, Self: This bill helps to implement 15 minute cities; Michael Mote, Self: | believe the current rules are
appropriate for changing zoning. The proposed bill would allow for zoning changes to occur too easily and | fear it
could lead to poorly executed zoning changes that would not be good for neighbors, businesses, etc.; Mayor Ginny
Dickey, Self: | agree with the League of AZ Cities and Towns on this proposal.; Michael Levine, Self: This bill makes
sense.; Lois Hansen, Self: this would decrease rent prices and encourage people to use public transportation which
is good for the environment
HB2770, marijuana; interstate agreements; delivery
Support:
Nick Simonetta, KOR CANNABIS; Elizabeth Goodman, KOR CANNABIS; Julie Gunnigle, representing self; Jessica
Rainbow, KOR CANNABIS; Tim Gordon, representing self
Oppose:
Brett Mecum, JARS; Pele Fischer, Arizona Dispensaries Association; Robert Dalager, CURALEAF; Jeff Caldwell,
representing self
All Comments:
Jeff Caldwell, Self: This bill, if passed, would encourage the DEA to arrest anyone associated with a “legal” cannabis
business doing business over state lines & encourages breaking the law. {f the DEA arrests people bc of this law,
the state will not step up to defend.
HB2780, technical correction: military: special plates
Support:
Brett Mecum, representing self; Dianne McCallister, Arizona Technology Council
Oppose:
Patricia Mentz, representing self
HB2861, condominiums; terminations
Support:
Mary Ann Graffagnino, representing self; Kerry Jackson, representing self; Dennis J Legere, ARIZONA
HOMEOWNERS COALITION; Eric Buckeye, representing self; Willard Wilton, representing self; Joe Carter,
representing self; kathleen mayer, representing self; Pat VanMaanen, representing self; Janet Larkin, representing
self; Rebecca Smith Gross, representing self; Judith Robbins, representing self; marilyn duerbeck, representing self;
Fred Fischer, representing self; Jeanne Casteen, representing self; Beatriz Urrea, representing self; Karen Syversen,
representing self; Sallie Kiadnik, representing self; Sandra Weir, representing self; Donita Ramos, representing self;
Bryna Koch, representing self; Catherine Sigmon, representing self; Katherine Doman Sheydayi, representing self;
Susan Morris, representing self; Kurt Groniund, representing self; Alexei Sheydayl, representing self; Rebecca Olsen
McHood, representing self; Julie Golding, representing self; Alexandra Dubois, representing self; Murdock
Holloway, representing self; Carly Mahlmeister, representing self; Patricia Mentz, representing self; Margaret
Winchell, representing self; Ralph Meredith, representing self; Gayle Meredith, representing self; Margaret
Adams , representing self; Marilyn Childs, representing self; Paula Feely, representing self; Mary-Jeanne Fincher,
representing self; Michael Pyska, representing self; Kate Bauer, representing self; Dorothy Reed-Inman,
representing self; Rebecca Haynes, representing self; Anne Thompson, representing self; Saher Afzal, representing
self; Bonnie Oakes, representing self; Crystal Bazarnic, representing self; Gary Rulapaugh, representing self;
Elizabeth Douglas, representing self; Kathryn Anderson, representing self; John Propster, representing self;
Charlotte Lis, representing self; leadawn anderton, representing self; Larry Scoufos, representing self; Dee
Maitland, representing self; Laurie Munn, representing self; Loretta O'Connor, representing self; Cynthia Wagner,
representing self; Nancy Hancock, representing self; Carol Waymire, representing self; Joyce DeBolt, representing
self; jeff green, representing self; Jill Anderson, representing self; Eric Harris, representing self; Jerrold Borchardt,
representing self; marcia stewart, representing self; Pierre Desombre, representing self; Marcia Tingley,
representing self; RITA DEPUYDT, representing self; Christopher Cerrato, representing self; Sharon Ehrlich,
representing self; Kathleen Sauer, representing self; Sharon Regen, representing self; Aaron Essif, representing
self; Evan Deaubl, representing self; George Ehrlich, representing self; Sheila Green, representing self; Barbara
Jones, representing self; Cynthia Paster, representing self; Carol Campbell, representing self; JOHN FIENE,
representing self; Libby Stortz, representing self; Mark LaPalm, representing self; Douglas Cain, representing self;
John Krahn, representing self; Janie Smieszek, representing self; Devon Sloan, representing self; Andrea Golfen,
representing self; Melinda Bell, representing self; Dean Clatone, representing self; Lois Hansen, representing self;
Kathryn Dorn, representing self; Barbara Kunkel, representing self; Lisa Koenig, representing self; Joyce Howard,
representing self; Susan Heck, representing self; Teresa Pinter, representing self; Rod Lippert, representing self;
Stephen Gordon, representing self; Joy LaCombe, representing self; John Laplante, representing self; Betty Wilder,
representing self; Nancy Pemberton, representing self; Julie Bufkin, representing self; Alison Danis, representing
self; Jacob Holley, representing self
Neuiral:
Ruthee Goldkorn, representing self
Oppose:
Chad Gallacher, representing self; Robert Fisher, representing self; Wendy Stofa, representing self; Gary Townsend,
representing self; Alexis Giascock, COMMUNITY ASSOCIATIONS INSTITUTE; Charlie Markle, ROCKWELL PROPERTY
co
All Comments:
Mary Ann Graffagnino, Self: Owners need this bill to insure for them a fair deal.; Kerry Jackson, Self: This is a
common sense bill that will prevent condo owners from being thrown out into the cold and ending up homeless.;
Dennis J Legere, ARIZONA HOMEOWNERS COALITION: This bill is an insurance policy in case the Arizona Supreme
Court does not rule the entire statute unconstitutional. It continues the practice of the last three amendments to
this statute to increase the compensation for homeowners displaced against; Joe Carter, Self: Condominium
owners need this protection to prevent unscrupulous developers from taking over their property, evicting
residents and making their homes into rental properties. Such actions may increase homelessness among retirees
with limited income; Pat VanMaanen, Self: Helps condo owners from a forced sale at a reduced price to
corporations who convert the units to rentals.; Mary-Jeanne Fincher, Self: Condo conversions can be very unfair
and disruptive for current residents. This bill will help ease some of the pain.; Rebecca Haynes, Self: This would
help to make sure owners get a fair deal if they're forced to sell to investors.; Bonnie Oakes, Self: So nice to see a
bill with bi-partisan Prime and Co- sponsorship. We need more of that. Thoughtfulness is what Rep Schwiebert put
into this protection bill, and retired seniors appreciate that.; Elizabeth Douglas, Self: Anyone forced out of where
they have been living should receive compensation adequate to find and move to similar, or better, not worse,
housing.; JOHN FIENE, Self: A fair deal on relocation costs is a good deal. LD1 voter; Lois Hansen, Self: owners need
a fair shake when dealing with investor purchases of real estate.; Betty Wilder, Self: | am for this bill to ensure that
| as an owner am reimbursed at market value for my condo when | am FORCED to sell it to the new developer after
living in it for nearly 18 years.; Robert Fisher, Self: Still a bad bill; Gary Townsend, Self: Making sure owners get a
fair deal if they're forced to sell to investors.; Ruthee Goldkorn, Self: Neutral; Alexis Glascock, COMMUNITY
ASSOCIATIONS INSTITUTE: Against
HB2884, zero-emission vehicle program; rebate
Support:
Cesar Chavez, SYSCO CORPORATION; Dianne McCallister, Arizona Technology Council; Barbara Barenburg,
representing self; Luis Acosta, SYSCO CORPORATION
Oppose:
Greg Blackie, AZ FREE ENTERPRISE CLUB; Patrick OMalley, representing self; Joanne Johnson, representing self;
Shirley Dye, representing self; Cathy Schwanke, representing self; Gary Johnson, representing self; Christine Maceri
Genge, representing self; Dennis Genge, representing self; Mark Logan, representing self; mary maybeno,
representing self; Gayle Peters, representing self; Theresa Logan, representing self; Charles McCain, representing
self; Patricia Mentz, representing self; Michael Meacham, representing self; Deanna Schreckler, representing self;
Stephen Harris, representing self; Arthur York, representing self; Corinne Haynes, representing self; Buffalo Rick
Galeener, representing self; Michael Schultz, representing self; Susan Bolt, representing self; Linda Busam,
representing self; Jan Krygier, representing self; Pam Anderson, representing self; Christine Accurso, representing
self; Charles Mackey, representing self; Connie Martin, representing self; Bill Brown, representing self; Nikki
Colletti, representing self; Dianna Gates, representing self; Bridget Nelke, representing self; Carole Challoner,
representing self; Gary Saxhaug, representing seif; Jennifer Oriza, representing self; Melanie Hutchings,
representing self; James McFadzean, representing self; Kaite Lambert, representing self; LouAnn Sedgwick,
representing self; Jean Ferguson, representing self; Darla Kissling, representing self; Joseph Myers, representing
self; Sue Unverricht, representing self; Chelsey Yeats, representing self; Richard Kissling, representing self; Teri
Grunewald, representing self; Phyllis Lester, representing self; Mary Ann Johnston, representing self; Vickie Parks,
representing self; Catherine Tunget, representing self; Kathleen Leaman, representing self; Dawn Hampton,
representing self; Frank Gilbert, representing self; Kristin Baumgartner, representing self; Charlyce Knight,
representing self; Helen Hebert, representing self; Karen Chaney, representing self; Earl Taylor, representing self;
Starr Costa, representing self; Steve Hetsler, representing self; Marie Shepherd, representing self; Peter Asencio,
representing self; Maria Lopez, representing self; Marc Monterey, representing self; Carol Stines, representing self;
Kellee Casto, representing self; Doris Hinton, representing self; Gloria Brintnall, representing self; Andrew Costanzo,
representing self; Jerry Knorr, representing self; karen enns, representing self; Bob Alonzo, representing self;
Connie Wright, representing self; Jennifer Marriott, representing self; LW Forster, representing self; Judy Smith,
representing self; Judy Alonzo, representing self; Cindy Cragin, representing self; Charles Moffett, representing
self; Scott Chance, representing self; Stuart Scurti, representing self; Barb Hinderland, representing self; Mary
Jamsa, representing self; Travis Chow, representing self; Roy Scott Lassell, representing self; Doris Mills,
representing self; Michael Mote, representing self; Sandee McKinlay, representing self; Irene Lavor, representing
self; Chris Russo, representing self; Nancy Barrett, representing self; patricia | newell, representing self; Patricia
Keitel, representing self; Kathryn Clark, representing self; George Duffield, representing self; conrad tolson,
representing self; Marcia Sahag, representing self; Jane Evans, representing self; Ronald Pardini, representing self;
Donalda Bond, representing self; Lynda Patrick-Hayes, representing self; Linda Burrier, representing self; Cheryl
Pardini, representing self; Pamela Calik, representing self; Tia Ogburn, representing self; Barbara Wellington,
representing self; Ryan Larson, representing self; Susan Garvey, representing self; Gary Zimmerman, representing
self; Dayle Hartgerink, representing self; Donald Koeppen, representing self; Kathy Ailor, representing self; Kay
Bateman, representing self; Elizabeth Gatley, representing self; Roy Casto, representing self; James Judd,
representing self; Ariane Buser, representing self; George Momper, representing self
All Comments:
Barbara Barenburg, Self: No more subsidies for EVs.; Joanne Johnson, Self: Taxpayers should not subsidize anything
especially zero emmission vehicles!; Shirley Dye, Self: My tax $ should not be used to subsidize anything, especially
pie in the sky impossible ideas like Zero Emissions! This is crazy and should never have been scheduled to a
committee. Worthless time waster; Gary Johnson, Self: if zero emission vehicles are so wonderful, they should be
in demand. Why is a subsidy needed]; Christine Maceri Genge, Self: This climate agenda is insanity. There is no
such thing as zero emissions. Climate agenda is just standard fear tactics of the left. None of their Armageddon
prophesies have ever been accurate. If they were elites wouldn't build on oceanfront.; mary maybeno, Self: no fed
5 for rebates on zero-emission vehicles; Gayle Peters, Self: no to more rebates; Stephen Harris, Self: We need to
stop picking winners and losers. The market should decide!; Corinne Haynes, Self: This is insane. The market
should decide this, NOT the government.; Michael Schultz, Self: We should not be picking winners and losers.
Especially since the "Winners" will be going bankrupt, because the demand is too low.; Jan Krygier, Self: A big NO!!;
Charles Mackey, Self: No subsidies for EV's. The EV's do not pay a gas tax. Subsidies for zero emission vehicles is
more Green New Deal garbage. This is more government intrusion into the market place.; Bill Brown, Self: It is
lunacy that we're still providing cronyist handouts to companies nudging consumers towards particular choices. ff
ZEV are so great, let them compete on the free market.; Bridget Nelke, Self: NO NO NO emissions can happen
during the electric plant not just a tail pipe PLEASE STOP THIS BILL; Gary Saxhaug, Self: Bad Bill. The market should
decide this, not the government.; James McFadzean, Self: This is absurd and congressman better go back to
science class. The is no such thing that is zero emissions.; LouAnn Sedgwick, Self: I'm a PC and state committeeman.
We should not be subsidizing this Net Zero crap.; Joseph Myers, Self: There is no research science to infer to the
best explanation that subsidizing EVs or similar vehicles will reduce carbon footprint to meet government
standards. In effect, this is robbing from Citizen A to subsidize Citizen B and an EV; Sue Unverricht, Self: NO more
subsidies for EVs, please!; Vickie Parks, Self: Zero emission - totally absurd;; Kristin Baumgartner, Self: I'm PC
captain. Electric cars are not affordable for most citizens. They create hug issues for disposing of the batteries. Car
fires occur more often. This is a BAD idea.; Charlyce Knight, Self: Market should determine NOT government;
Helen Hebert, Self: insane! government needs to work on important security and safety of the American people
for a change; Karen Chaney, Self: | am a PC in LD 17 and | urge you to vote no; Starr Costa, Self: NO WAY! This is
insane. There is no such thing as zero emissions. Emissions happen either at the tailpipe or at the electric plant.
The provisions of this bill put a thumb on the balance of determining the worth of electric vs. non-electric vehicles.;
Peter Asencio, Self: !am a PC. Father, Husband. STOP EV subsidies.; Maria Lopez, Self: As a Precinct and State
Committeeman, | do not support this bill.; Marc Monterey, Self: No more “green new deal" boondoggles on
vehicles that require child labor, massive amounts of diesel powered mining equipment and massive
environmental degradation to produce a not-so-"low emission vehicle" when considering the whole picture.;
Andrew Costanzo, Self: Let the market, not government, decide which vehicle is to be purchased. No subsidies for
ANYTHING]; karen enns, Self: Here we go again. The government handing out money to fix a problem that does
not exist. Proponents of banning carbon dioxide, which all plants must have, will not even debate scientists who
disagree, but just prefer to call them deniers.; Stuart Scurti, Self: Please vote no on this Bill. The need for zero
emissions is a lie and a massive waste of money ultimately resulting in higher costs for AZ citizens and less freedom
of travel.; Mary Jamsa, Self: ! am against forced EV usage.; Travis Chow, Self: oppose; Roy Scott Lassell, Self: |
oppose this bill. We need to focus on true priorities.; Michael Mote, Self: ADOT should not be permitted to
continue without reforms to prohibit VMT reductions, road diets, carbon reduction plans, and DEI training.
Government has no place dictating such things.; irene Lavor, Self: PC in precinct 179, LD 17; Chris Russo, Self: Chris,
PC co-captain, PV. This is a loser. EVs don't work and { don't want to pay for some idiot who wants to waste their
money buying one.; Nancy Barrett, Self: Stop aif this Green legislation!; Kathryn Clark, Self: If zero emission cars
are such a popular, great thing then why would a rebate be needed? This is a bad idea and not what we should be
spending any money on. Please vote against this bill. Thank you.; George Duffield, Self: This Bill is unrealistic.
People need to have the capability to move freely in vehicle of their choice.; conrad tolson, Self: The government
should not be choosing winners and losers in the market. If/when EV's become economically viable without
subsidies, then they will prevail. The government should not interfere in the process; Donalda Bond, Self: Unfair
rebates and subsidies- costs are just too high!; Lynda Patrick-Hayes, Self: stop all zero-emissions bills...; Ryan
Larson, Self: why does the gov't need to prop up a business with law. Seems like special treatment; Gary
Zimmerman, Self: The market should determine the success or failure of electric vehicles. Looking at whole-life
emissions and toxicity, they are actually worse for the environment than internal combustion cars, and their
construction harms communities of color.; Dayle Hartgerink, Self: | oppose rebates for zero emission vehicles!; Kay
Bateman, Self: There is no Zero Emissions. The government should not decide this.; George Momper, Self: Federal
government already showers subsidies on EV buyers- huge rebates, taxpayer bought charging stations, special
lanes and discounts on highways, etc. ENOUGH!
HB2885, apprenticeship; supervised probation
Support:
Kerry Jackson, representing self; Mark Cardenas, BOILERMAKERS LOCAL 627; Daniella Smith, Arizona Coalition For
Working Families; Michael Infanzon, representing self; Shaun Rieve, JUSTICE ACTION NETWORK; Patricia Mentz,
representing self; Christian Bearden, Ironworkers Local 75; Sam Curry, ARIZONA VETERANS
All Comments:
Kerry Jackson, Self: People who have been incarcerated are deserving of a second chance, a chance for a career
opportunity that may lift them up; out of the cycle of events that had dominated their former life. The Carpenter's
Union is a good & safe place for them.
HOUSE OF REPRESENTATIVES
Please PRINT Clearly
Committee on: Com mM Shee Bill Number a CY ge
Date L-S3-2B q Suppor [1 Oppose © Neutral
_ Name —Juau Co SERN ER Need to Speak? | Ales [No
Representing / Are you aregistered lobbyist?
Complete Address
E-mail Address a racpan 0 ¢ aaah PhoneNumber £/e..70%- S253
a) Ctra
Comments:
«kT VE-MINUTE SPEAKING LIMIT***
COMPLETE FORM FOR PUBLIC RECORD
STATE OF ARIZONA
HOUSE OF REPRESENTATIVES
REQUEST TO SPEAK .
Committegon yy Date: ; } a j f il Number: H B ou XD
Name: Lisp dae | {support C) Oppose O Neutral | Need to Speak: O) Yes O No
Representing: Registered Lobbyist Cl Yes ane
Address: “l vat b . D biSpa Hue : City/State: lV; ARS Zip Code: gS he la
Email Address: Ai ii7xe iby Phone Number: Ai} Bip BAD SY’
Comments:
*SPEAKING TIME DETERMINED BY THE CHAIRMAN*
PLEASE COMPLETE THIS FORM FOR THE PUBLIC RECORD
HOUSE OF REPRESENTATIVES
Please PRINT Clearly
Committee on Comm oY ce BillNumber DYE S
Date ZH 3 / 24 “fl Support 1Oppose [1 Neutral
7 7
_ Name “THete.o ~ Co Ria GC Need to Speak? AYes LI No
Representing LIUNO Are you a registered lobbyist? Ne
oo
Complete Address \WWO\ & W 4s Aww oko— Si
E-mail Address Ve comner@ Local WX Phone Number GE'I-ST7- ACT
Comments:
“PT VE-MINUTE SPEAKING LIMIT#**#
ARIZONA STATE LEGISLATURE
Fifty-sixth Legislature - Second Regular Session
COMMITTEE ATTENDANCE RECORD
COMMITTEE ON COMMERCE
CHAIRMAN: Justin Wilmeth VICE-CHAIRMAN: _ Michael Carbone
DATE 02/13/24 124 124 124 124
CONVENED 2534p m m m m m
RECESSED WYSpp
RECONVENED NS 7p
ADJOURNED C:O5om
MEMBERS
Aguilar Y
Austin J
Carter 4
Gress v
Heap Va
Hendrix v
Liguori v
Ortiz a
Carbone, Vice-Chairman v
Wilmeth, Chairman v
V Present --- Absent exc Excused
Attachment 3B
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2770: marijuana; interstate agreements; delivery
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce
Overview
Enables interstate transferring of marijuana products.
History
In 2020, Arizona voters approved the Smart and Safe Arizona Act which legalized the sale
and use of recreational marijuana to Arizonans who are at least 21 years of age, to be
regulated and overseen by DHS. Statute prescribes requirements and regulations relating to
the sale, packaging, labeling, tracking and advertising of recreational marijuana and
marijuana products, including requirements that: 1) recreational marijuana products be
labeled with a quick response code that provides testing information about the product; and
2) no marijuana product packaging resemble a human, animal, insect, fruit, toy, cartoon or a
food or drink brand that is marketed to children. Monies collected from the sale of
recreational marijuana must be deposited in the Medical Marijuana Fund and then allocated
to outlined entities (Title 36, Chapter 28.2, A.R.S).
Provisions
Cross-Jurisdictional Coordination Agreements
1. Allows the Governor to enter into an agreement with another state for the purposes of:
a) cross-jurisdictional coordination and enforcement of marijuana-related businesses
authorized to conduct business in either Arizona or the other state; and
b) cross-jurisdictional delivery of marijuana and marijuana products between Arizona
and the other state. (Sec. 3)
2. Outlines the requirements for Cross-Jurisdictional Coordination Agreements
(Agreements). (Sec. 3)
3. Specifies, in accordance with an Agreement, a marijuana establishment or dual licensee
may:
a) deliver marijuana and marijuana products to a person located in and authorized to
receive marijuana and marijuana products from the other state; and
b) receive marijuana and marijuana products from a person located in and authorized to
export marijuana and marijuana products by the other state. (Sec. 3)
4. Defines pertinent terms. (Sec. 3)
Conditional Enactment of Agreements
5. Provides for the conditional enactment of Agreement provisions contingent on by October
1, 2028, the occurrence of either:
Prop 105 (45 votes) 1 Prop 108 (40 votes) © Emergency (40 votes) O Fiscal Note
HB 2770
Initials PB Page 1 Commerce
Attachment 4
a) federal law is amended to allow for the interstate transfer of marijuana and marijuana
products between authorized marijuana-related businesses; or
b) the United States Department of Justice issues an opinion or memorandum allowing
or tolerating the interstate transfer of marijuana and marijuana products between
authorized marijuana-related businesses. (Sec. 4)
6. Instructs the director of the DHS to notify the director of the Arizona Legislative Council
in writing by November 1, 2028, either:
a) the date on which the requirements for the conditional enactment of Agreement
provisions were met; or
b) that neither condition was met. (Sec. 4)
Miscellaneous
7. Requires that DHS's rules regulating the delivery of marijuana in a vehicle from a
designated location allow the designated location to be the marijuana establishment's
retail location or where the marijuana or marijuana products are processed,
manufactured or cultivated. (Sec. 2)
8. Modifies the definition of marijuana establishment. (Sec. 1)
9. Makes technical changes. (Sec. 1, 2)
10. Contains a Proposition 105 clause. (Sec. 5)
HB 2770
Initials PB Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2770
DATE February 13, 2024 motion: _ FAtLED
PASS NAY PRESENT | ABSENT
AYE
Aguilar V4
Austin v
Carter
Gress
Hendrix
Liguori V
Ortiz
V
) /
Heap V
V
JV
Carbone, Vice-Chairman JV
Wilmeth, Chairman f
Aivcuin Yfusou
APPROVED: COMMITTEE SECRETARY (]
IN WILMETH, Chairman
AEL CARBONE, Vice-Chairman
ATTACHMENT. 5
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2599: health care appeals
Sponsor: Representative Livingston, LD 28
Committee on Commerce
Overview
Revises statute relating to health care appeals.
History
Title 20, Chapter 15, A.R.S. prescribes and governs the health care appeal process for
members whose covered service or claim for a service has been denied by a health care
insurer. Each utilization review agent and each health care insurer whose utilization review
system includes the power to affect the direct or indirect denial of requested medical or health
care services or claims for medical or health care services shall adopt written utilization
review standards and criteria and processes for the review, reconsideration and appeal of
denials.
Provisions
1. Clarifies a member who receives an adverse determination, rather than is denied a covered
service or whose claim for a service is denied, may pursue the applicable review process.
(Sec. 4)
2. Modifies the levels of review a health care insurer must provide relating to health care
appeals. (Sec. 4)
Removes language relating to providing an additional level of review. (Sec. 4)
4, Allows a health care insurer, for group plans, to offer a voluntary internal appeal as an
additional internal level of review. (Sec. 4)
5. Outlines requirements for a health care insurer who offers a voluntary internal appeal
for group plans relating to denial of a claim for service. (Sec. 4)
6. Provides requirements for a health care insurer, for individual plans and group plans in
which a voluntary internal appeal is not offered relating to denial of a claim for service.
(Sec. 4)
7. Instructs a health care insurer to provide a required written determination and include
the basis, criteria used, clinical reasons and rationale for the determination. (Sec. 4)
8. Specifies a member has exhausted the insurer's internal levels of review provided the
insurer fails to comply with statutory requirements relating to health care appeals
process, with exception. (Sec. 4)
9. Permits a health care insurer to waive the internal appeal process. (Sec. 4)
O Prop 105 (45 votes) [] Prop 108 (40 votes) 0 Emergency (40 votes) [1 Fiscal Note
HB 2599
Initials PB Page 1 Commerce
Attachment 6
10.
11.
12.
13,
14.
15,
16,
17.
18.
19.
20.
21.
22,
23.
Clarifies the information that must be included in a health care insurers information
packet that is provided to a member. (Sec. 4)
Adds that if a member's complaint is experimental or investigational under the coverage
document, an internal appeal process must be performed. (Sec. 4)
Instructs the health care insurer, prior to making a final adverse determination that
relies on new or additional evidence, to provide the new or additional information to the
member free of charge sufficiently in advance of the final adverse determination to allow
the member a reasonable opportunity to respond. (Sec. 4)
Specifies that any member who receives an adverse determination, except for a denial of
a claim for service or a rescission of coverage, may pursue an expedited medical review of
that denial if the member's treating provider certifies in writing that the time period for
the initial appeal process and the voluntary internal appeal process are likely to cause a
significant negative change in the member's medical condition. (Sec. 5)
Adds that if a member's complaint is experimental or investigational under the coverage
document and not whether the service is covered:
a) the agent, prior to making a determination, must consult with a licensed physician or
other licensed health care professional; and
b) any provider, physician or other specified health care professional must review the
expedited appeal and render a determination based on the utilization review plan.
(Sec. 5)
Specifies a member has up to two years to request an initial appeal, rather than an
informal reconsideration, after a service has been denied. (Sec. 6)
Removes language relating to a health care insurer providing its members an informal
reconsideration. (Sec. 6)
Instructs a utilization review agent to select a provider to review the appeal and render
a determination based on the utilization review plan if a member's appeal is an issue of
medical necessity or appropriateness. (Sec. 6)
Requires a utilization review agent to send their determination within the statutory time
frames relating to claim denial, rather than 80 days after receipt of the request for
reconsideration. (Sec. 6)
Clarifies the information that must be included in the utilization review agent's written
statement of the agent's decision regarding denial of a covered service. (Sec. 6)
Specifies a member may appeal an adverse determination to the voluntary appeal level if
a health care insurer offers a voluntary appeal level as part of its internal review levels.
(See. 7)
Removes language relating to a member filing a written appeal regarding a denial of a
claim within two years after receipt of the notice of the denial. (Sec. 7)
Stipulates a provider, physician or other specified health professional must review an
appeal if the appeal is an issue of appropriateness, including health care setting, level of
care of effectiveness of a covered benefit or is experimental or investigation. (Sec. 7)
Instructs a utilization review agent to send the member their determination and the
basis, reasons and rationale for the determination within the statutory time frames
HB 2599
Initials PB Page 2 Commerce
24,
25.
26.
27.
28.
29.
30.
ol.
32.
33.
34,
35.
36.
relating to claim denial, instead of up to the 30-day and 60-day time frame as outlined.
(Sec. 7)
Clarifies a member may initiate an external independent review if the utilization review
agent denies a request for a covered service or claim at all applicable internal levels of
review or if the member has exhausted the health care insurer's internal levels of review.
(Sec. 8)
Requires the written acknowledgment relating to an external independent review to
include notice to the member that the member has five business days after receiving the
notice to submit additional written evidence to DHS for consideration by the assigned
independent review organization. (Sec. 8)
Instructs DHS, within one business day after receiving additional written evidence
submitted by the member, to provide a copy of the evidence to the health care insurer and
the independent review organization.
Requires the independent review organization to consider the evidence in making its
determination and allows the organization to consider evidence submitted after five
business days. (Sec. 8)
Instructs the independent review organization, within 21 days after receiving a case for
review from DHS, to evaluate and analyze the case. (Sec. 8)
Requires the independent review organization, for claims or requests for services denied
as experimental or investigational, to render a determination that is consistent with the
review plan and send a copy of the determination to DHS in accordance with specified
requirements, (Sec. 8)
Instructs DHS to send a notice of the determination to specified individuals within five
business days after receiving a notice of determination from the independent review
organization. (Sec. 8)
Asserts the determination is a final administrative decision and is subject to judicial
review. (Sec. 8)
Requires the health care insurer to provide any service or pay any claim determined to
be covered and medically necessary by the independent review organization for a case
under review without delay regardless of whether judicial review is sought. (Sec. 8)
Outlines the circumstances for which a member may initiate an expedited external
independent review and extends the time frame for submitting a written requesting for
an independent review from five business days to foux months. (Sec. 8)
Adds that, for a matter involving an experimental or investigational determination, a
member may make an oral request provided the member's treating physician certifies in
writing that the reeommended service or treatment would be less effective if not promptly
initiated. (Sec. 8)
Requires the independent review organization, for cases involving an issue of
appropriateness, including health care setting, level of care or effectiveness of a covered
benefit or is experimental or investigational, to evaluate and analyze the case. (Sec. 8)
Directs a health care insurer and an independent review organization to maintain all
records relating to internal and external appeals and exception requests for at least three
years after the completion of the appeals process or exception request process, (Sec. 9)
HB 2599
Initials PB Page 3 Commerce
37. Changes references of informal reconsideration to initial appeal. (Sec. 4, 6, 7)
38. Includes a definition for final adverse determination, internal level of review, and
rescission. (Sec. 1)
39. Changes the defined term of adverse decision to adverse determination and revises the
definition. (Sec. 1)
40. Replaces the term adverse decision with adverse determination as appropriate. (Sec. 3)
41. Contains a delayed effective date of January 1, 2025. (Sec. 10)
42. Makes technical changes. (See. 1-8)
HB 2599
Initials PB Page 4 Commerce
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2599
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2599
(Reference to printed bill)
Page 1, line 8, after the second "service" strike remainder of line
Line 9, strike "PART,"; after "SERVICE" insert ", IN WHOLE OR IN PART,"
uw "
Line 10, strike "or" insert “or
Line 14, strike "OF COVERAGE”
Line 33, after "provided" strike remainder of Tine
Line 34, strike "WHICH NO MINIMUM DOLLAR AMOUNT MAY BE IMPOSED"
Page 2, Tine 5, strike "OF COVERAGE"
Line 15, after "FINAL" insert “INTERNAL"
Line 16, after “UPHELD” insert ", IN WHOLE OR IN PART,"; strike "BY THE HEALTH
CARE INSURER"; after the second "THE" insert "HEALTH CARE INSURER'S"
Line 17, strike "APPEALS PROCESS" insert “INTERNAL LEVELS OF REVIEW"; after
"OR" insert “AN ADVERSE DETERMINATION WITH RESPECT TO WHICH THE INTERNAL
LEVELS OF REVIEW"; strike “THAT HAS" insert “HAVE”
Between lines 17 and 18, insert:
"7. “GRANDFATHERED INDIVIDUAL PLAN" MEANS COVERAGE PROVIDED BY AN
INDIVIDUAL HEALTH CARE INSURER WHICH WAS PURCHASED BEFORE MARCH 23, 2010
AND WHICH HAS NOT LOST SUCH STATUS DUE TO CHANGES IN BENEFITS."
Renumber to conform
Between lines 23 and 24, insert:
"9. "HEALTH CARE SETTING" MEANS AN INSTITUTION PROVIDING HEALTH CARE
SERVICES, INCLUDING BUT NOT LIMITED TO, HOSPITALS AND OTHER LICENSED
INPATIENT CENTERS, AMBULATORY SURGICAL OR TREATMENT CENTERS, SKILLED
House Amendments to H.B. 2599
1 NURSING CENTERS, RESIDENTIAL TREATMENT CENTERS, DIAGNOSTIC, LABORATORY AND
2 IMAGING CENTERS AND REHABILITATION AND OTHER THERAPEUTIC HEALTH SETTINGS.”
3 Renumber to conform
4 Page 2, line 26, strike "ten business days” insert "THE PRESCRIBED TIME FRAMES
5 PURSUANT TO 20-3404"
6 Line 28, strike "LEVEL" insert "LEVELS"
7 Line 31, after "INITIAL" insert "INTERNAL"
8 Page 3, strike lines 22 through 43
9 Renumber to conform
10 Page 4, line 7, strike “ADVERSE"
11 Page 6, line 5, after "A." insert "NO MINIMUM DOLLAR AMOUNT MAY BE IMPOSED ON ANY
12 CLAIM THAT IS THE SUBJECT OF AN ADVERSE DETERMINATION FOR A MEMBER TO, AND"
13 Line 6, after "may" insert a comma
14 Line 20, after the comma insert “AND FOR GRANDFATHERED INDIVIDUAL PLANS,"
15 Line 26, strike "FOR AN"
16 Line 27, strike "ADVERSE DETERMINATION, PROVIDE” insert “THAT HAS ALREADY BEEN
17 PROVIDED, SEND"; strike "WITH"
18 Line 30, strike “, PROVIDE" insert "THAT HAS ALREADY BEEN PROVIDED, SEND";
19 strike "WITH"
20 Line 34, strike "INSURERS" insert "INSURER’S"
21 Line 35, after "SERVICE" strike remainder of line
22 Line 36, strike “ADVERSE DETERMINATION, PROVIDE" insert "THAT HAS ALREADY BEEN
23 PROVIDED, SEND"; strike "WITH"
24 Line 37, after "AFTER" insert "THE HEALTH CARE INSURER RECEIVES"
25 Line 40, strike ", PROVIDE" insert "THAT HAS ALREADY BEEN PROVIDED, SEND";
26 strike "WITH"
27 Page 7, line 33, after "each" insert "APPLICABLE"
28 Page 8, line 44, strike "is" insert “INVOLVES”
29 Line 45, after "OR" insert "APPROPRIATENESS, INCLUDING HEALTH CARE SETTING,
30 LEVEL OF CARE OR EFFECTIVENESS OF A COVERED BENEFIT, OR"
31 Page 9, line 2, strike “INTERNAL” insert "INITIAL"
-2-
House Amendments to H.B. 2599
1 Page 9, line 4, strike "is" insert “INVOLVES"; after "necessity" insert "OR
2 APPROPRIATENESS, INCLUDING HEALTH CARE SETTING, LEVEL OF CARE OR
3 EFFECTIVENESS OF A COVERED BENEFIT,"
4 Line 11, after "FINAL" insert "INTERNAL"
5 Line 16, after “RESPOND” insert "WITHIN THE APPLICABLE TIME FRAMES FOR THE
6 HEALTH CARE INSURER TO PROVIDE THE MEMBER WITH A WRITTEN DETERMINATION
7 PRESCRIBED IN SUBSECTIONS C AND D OF THIS SECTION"
8 Line 43, strike "one business day" insert "SEVENTY-TWO HOURS”
9 Page 10, line 2, strike "is" insert “INVOLVES”
10 Line 3, after "necessity" insert "OR APPROPRIATENESS, INCLUDING HEALTH CARE
1] SETTING, LEVEL OF CARE OR EFFECTIVENESS OF A COVERED BENEFIT,"
12 Line 7, after "14," insert "16,"; after "19" insert ", 19.1"
13 Line 29, strike "is" insert “INVOLVES" ; after "necessity" insert "OR
14 APPROPRIATENESS, INCLUDING HEALTH CARE SETTING, LEVEL OF CARE OR
15 EFFECTIVENESS OF A COVERED BENEFIT,"
16 Line 31, after “covered,” strike remainder of line
17 Strike lines 32 through 43
18 Line 44, strike "to the requirements of this subsection,”
19 Line 45, strike “the” insert "A"; after “provider” strike ™, PHYSICIAN OR
20 OTHER HEALTH CARE PROFESSIONAL"
21 Page 11, line 1, after “DETERMINATION” insert “BASED ON THE UTILIZATION REVIEW
22 PLAN ADOPTED BY THE UTILIZATION REVIEW AGENT"
23 Line 2, strike the first comma insert “OR"; strike ", physician or other
24 health care"
25 Line 3, strike "professional"
26 Line 7, after the period insert: "FOR THE PURPOSES OF THIS SUBSECTION,
27 "PROVIDER" MEANS EITHER OF THE FOLLOWING:
28 1. A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL WHO IS LICENSED
29 PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14, 16, 17, 19, 19.1 OR 29, WHO
30 IS QUALIFIED IN A SIMILAR SCOPE OF PRACTICE AS A PHYSICIAN OR OTHER HEALTH
31 CARE PROFESSIONAL LICENSED PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14,
-3-
wo On DBD TD Se WO DH KF
—
lo)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
House Amendments to H.B. 2599
16, 17, 19, 19.1 OR 29 AND WHO IS EMPLOYED OR UNDER CONTRACT WITH THE
UTILIZATION REVIEW AGENT.
2. AN OUT-OF-STATE PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL WHO
IS LICENSED IN ANOTHER STATE AND WHO IS NOT LICENSED IN THIS STATE, WHO IS
EMPLOYED OR UNDER CONTRACT WITH THE UTILIZATION REVIEW AGENT AND WHO EITHER
IS QUALIFIED IN A SIMILAR SCOPE OF PRACTICE AS A PHYSICIAN OR OTHER HEALTH
CARE PROFESSIONAL LICENSED PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14,
16, 17, 19, 19.1 OR 29 OR WHO TYPICALLY MANAGES THE MEDICAL CONDITION UNDER
APPEAL,"
Page 11, line 15 and 16, strike “is denied a service OR WHOSE CLAIM FOR A SERVICE
THAT HAS ALREADY BEEN PROVIDED IS DENIED” insert “RECEIVES AN ADVERSE
DETERMINATION"
Strike lines 28 through 31
Reletter to conform
Line 35, strike "IS" insert "INVOLVES"
Line 44, after “PHYSICIAN” insert "OR OTHER HEALTH CARE PROFESSIONAL LICENSED
PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14, 16, 17, 19, 19.1 OR 29"
Line 45, after "EMPLOYED" insert "OR"
Page 12, line 3, after "WHO" insert “EITHER IS QUALIFIED IN A SIMILAR SCOPE OF
PRACTICE AS A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL LICENSED PURSUANT
TO TITLE 32, CHAPTER 7, 8, 11, 13, 14, 16, 17, 19, 19.1 OR 29 OR WHO"
Line 22, strike "&- F" insert "E”
Line 31, after “PLAN” insert "OR GRANDFATHERED INDIVIDUAL PLAN"
Line 34, strike "MEMBER" insert “HEALTH CARE INSURER"
Line 42, after the comma insert “OR A GRANDFATHERED INDIVIDUAL PLAN,”
Line 43, after "VOLUNTARY" insert “INTERNAL”
Page 13, line 2, after "VOLUNTARY" insert "INTERNAL"
Strike line 9 through 11
Reletter to conform
Line 16, strike "is" insert "INVOLVES"
Line 20, after "covered," strike remainder of line
~4-
House Amendments to H.B. 2599
1 Page 13, Strike lines 21 through 32
2 Line 33, strike “this subsection,”; strike the second “the” insert "A"; strike
3 the second comma
4 Line 34, strike "physician or other health care professional who shall" insert
5 "TO"
6 Line 35, strike "the" insert "A"; after "DETERMINATION" insert “BASED ON THE
7 UTILIZATION REVIEW PLAN ADOPTED BY THE UTILIZATION REVIEW AGENT. FOR THE
8 PURPOSES OF THIS SUBSECTION, “PROVIDER” MEANS EITHER OF THE FOLLOWING:
9 1. A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL WHO IS LICENSED
10 PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14, 16, 17, 19, 19.1 OR 29, WHO
ll 1S QUALIFIED IN A SIMILAR SCOPE OF PRACTICE AS A PHYSICIAN OR OTHER HEALTH
12 CARE PROFESSIONAL LICENSED PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14,
13 16, 17, 19, 19.1 OR 29 AND WHO IS EMPLOYED UNDER CONTRACT WITH THE
14 UTILIZATION REVIEW AGENT.
15 2. AN OUT-OF-STATE PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL WHO IS
16 LICENSED IN ANOTHER STATE AND WHO IS NOT LICENSED IN THIS STATE, WHO IS
17 EMPLOYED OR UNDER CONTRACT WITH THE UTILIZATION REVIEW AGENT AND WHO EITHER
18 IS QUALIFIED IN A SIMILAR SCOPE OF PRACTICE AS A PHYSICIAN OR OTHER HEALTH
19 CARE PROFESSIONAL LICENSED PURSUANT TO TITLE 32, CHAPTER 7, 8, 11, 13, 14,
20 16, 17, 19, 19.1 OR 29 OR WHO TYPICALLY MANAGES THE MEDICAL CONDITION
21 UNDER APPEAL”
22 Page 14, line 9, strike "E" insert "D"
23 Page 15, line 12, strike “decision” insert "DETERMINATION"
24 Line 18, strike “@- J" insert "L"
25 Line 22, after "necessity" insert "OR APPROPRIATENESS, INCLUDING HEALTH CARE
26 SETTING, LEVEL OF CARE OR EFFECTIVENESS OF A COVERED BENEFIT, OR IS
27 EXPERIMENTAL OR INVESTIGATIONAL”
28 Line 34, after "necessity" insert "OR APPROPRIATENESS, INCLUDING HEALTH CARE
29 SETTING, LEVEL OF CARE OR EFFECTIVENESS OF A COVERED BENEFIT, OR IS
30 EXPERIMENTAL OR INVESTIGATIONAL"
House Amendments to H.B. 2599
1 Page 15, line 40, after “necessary” insert "OR APPROPRIATE, INCLUDING HEALTH CARE
2 SETTING, LEVEL OF CARE OR EFFECTIVENESS OF A COVERED BENEFIT, OR IS
3 EXPERIMENTAL OR INVESTIGATIONAL”
4 Page 16, line 7, after "G." strike remainder of line
5 Strike lines 8 through 11
6 Line 12, strike "A DETERMINATION THAT IS" insert “THE INDEPENDENT REVIEW
7 ORGANIZATION’S DETERMINATION PURSUANT TO SUBSECTION F OF THIS SECTION SHALL
8 BE"
9 Line 13, strike "SEND A COPY OF THE DETERMINATION TO THE DIRECTOR"
10 Between lines 21 and 22, insert:
11 "(e) FOR CLAIMS OR REQUESTS FOR SERVICES DENIED FOR REASONS OTHER
12 THAN AS EXPERIMENTAL OR INVESTIGATIONAL, THE INDEPENDENT REVIEW
13 ORGANIZATION SHALL ALSO CONSIDER:
14 “(i) THE MOST APPROPRIATE PRACTICE GUIDELINES, WHICH SHALL INCLUDE
15 APPLICABLE EVIDENCE-BASED STANDARDS AND MAY INCLUDE ANY OTHER PRACTICE
16 GUIDELINES DEVELOPED BY THE FEDERAL GOVERNMENT, NATIONAL OR PROFESSIONAL
17 MEDICAL SOCIETIES, BOARDS AND ASSOCIATIONS.
18 (i7) ANY APPLICABLE CLINICAL REVIEW CRITERIA DEVELOPED AND USED BY
19 THE HEALTH CARRIER OR ITS DESIGNEE UTILIZATION REVIEW ORGANIZATION.
20 (iii) THE OPINION OF THE INDEPENDENT REVIEW ORGANIZATION’S CLINICAL
21 REVIEWER OR REVIEWERS AFTER CONSIDERING SUBDIVISIONS (a) THROUGH (d) AND
22 SUBDIVISION (e), ITEMS (i) AND (47) OF THIS PARAGRAPH TO THE EXTENT THE
23 INFORMATION OR DOCUMENTS ARE AVAILABLE AND THE CLINICAL REVIEWER OR
24 REVIEWERS CONSIDER APPROPRIATE."
25 Reletter to conform
26 Page 16, line 22, after "(e)" insert “FOR CLAIMS OR REQUESTS FOR SERVICES DENTED
27 AS EXPERIMENTAL OR INVESTIGATIONAL, THE INDEPENDENT REVIEW ORGANIZATION
28 SHALL ALSO CONSIDER"
29 Page 17, line 2, strike "(d)" insert "(e), ITEMS (41) AND (ii)"
30 Page 18, line 5, strike “PROVIDERS” insert "PROVIDER"; after the second "OR"
31 insert "IF"
House Amendments to H.B. 2599
1 Page 18, line 17, strike "A MATTER" insert "AN ADVERSE DETERMINATION"
2 Line 18, strike DETERMINATION" insert "SERVICE"
3 Line 20, strike "THAT"
4 Line 36, strike "RATIONAL" insert "RATIONALE"
5 Page 19, line 18, strike "decision" insert "DETERMINATION"
6 Amend title to conform
JUSTIN WILMETH
2599WI LMETH. docx
02/12/2024
10:39 AM
H: PB/1s
Attachment ‘L
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2599
DATE February 13, 2024 MOTION: db PA
PASS AYE NAY PRESENT | ABSENT
Aguilar /
Austin V
Carter J
Gress J
Heap vi
Hendrix J
Liguori J .
Ortiz /
Carbone, Vice-Chairman Vv
Wilmeth, Chairman ri
lO O ~ ©
/ COMMITTEE SECRETARY”
JUSTIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman
ATTACHMENT. x
ARIZBMINA
DEPARTMENT OF
INSURANCE AND FINANCIAL INSTITUTIONS
Fact Sheet on HB 2599 — DIFI’s Health Care Appeals Legislation
Goal: Conform Arizona’s health care appeals laws to federal requirements, protecting Arizona
consumers.
Background
Arizonans who are insured under individual and group health plans have the right to
appeal denied access to care or denied claims under Arizona’s health care appeal laws, which
were enacted in Laws 1997, Chapter 100. While the laws have been amended since, they still
do not fully conform to the federal regulations promulgated by the U.S. Department of Health and
Human Services (HHS) under the Patient Protection and Affordable Care Act (42 U.S.C. § 300g-
19 and 45 CFR § 147.136).
The federal regulations established a transition period, ending January 1, 2018, during
which states with health care appeals laws similar to the federal requirements, such as Arizona,
were allowed to continue enforcing their laws (HHS Technical Release 2011-02). Now Arizona
risks federal preemption of its health care appeals process. If Arizona is preempted, Arizonans
insured under individual and group health plans would have less time to submit an appeal (180
days, rather than two years), their providers could be unable to file an appeal on their behalf
without additional documentation that Arizona law does not require (providers may be required to
prove that they are authorized to appeal on their patients’ behalf), and fewer consumers may
qualify for expedited external review. Arizona would also be unable to ensure fair determinations
under external, independent review or help Arizonans and their providers during the appeal
process. Conforming Arizona law to federal standards will protect the state’s ability to exercise
jurisdiction over health care appeals and maintain consumer protections under Arizona law.
HB 2599 (health care appeals)
HB 2599 addresses the federal standards for individual and group health plans’ internal
appeals processes and state external review to establish a uniform appeal process for all types
of health and dental plans covering Arizona consumers. HB 2599 would adequately conform the
Arizona health care appeals process to federal requirements.
Note: HB 2599 neither conflicts with, nor contemplates the issue of provider grievances
addressed in HB 2035. While providers often initiate health care appeals on their patients’
behalf, they are separate from provider grievances with a distinct resolution process.
Please contact Fausto Burruel at fausto. burruel@difi.az.goyv or (602) 531-3069 with any questions
you may have.
Attachment ei
Consumer Services Life & Health Section
ARIZONA DEPARTMENT OF INSURANCE
& FINANCIAL INSTITUTIONS
100 North 15" Avenue, Suite 261 Phone: (602) 364-2499
Phoenix, Arizona 85007-2624 Email: insurance.consumers@difi.az. gov
CONSUMER GUIDE TO THE
HEALTH CARE APPEALS PROCESS
IN ARIZONA
This document is intended to provide a brief description of the Health Care
Appeals process.
A more detailed explanation is provided inthe Health Care Appeals Information Packet available
from your health insurance company If you file a complaint: with the Arizona Department of
Insurance & Financial Institutions (Department) related to a demal of claims or a request for service
thal is subject to the appeals process, the Department must require you to first pursue the appeals
process with your insurance company The Depaitinent cannot address your complaint during the
appeals process, unless your complaint is about an issue other than the denial of your claim or
request for service
What is the Health Care Appeals process?
Arizona law requires health insurance, dental and vision plans to provide their members with a way
lo appeal denied claims or services. A “denied claim’ is when you have already received care, and
the insurance company has denied payment for that care. A “denied service” is when the plan
does not authorize a medical or health-related service that is covered by the plan, or the plan
does not pre-aulhorize any treatment or procedure that you or your doctor believe is medically
necessary and covered by your policy. When your health insurance company denies a claim or
service, it must advise you of your right to appeal the denial.
Ihe appeals process generally consists of the following levels of review:
For urgently needed services not yet provided:
e Expedited Medical Review
e Expedited Appeal
e Expedited External Independent Review
For standard services or denied claims:
e Informal Reconsideration
e Formal Appeal
e External, Independent Review
v 20211028 Page pol h
Urgently needed services not yet provided
Expedited Medical Review
An Expedited Medical Review ts the first step for urgently needed services thal you are waiting to
receive, bul your surance Company has said to you or your eating provider or doctor that i will nol
pay for the services. The Expedited Medical Review starts when your treating provider or doctor sends
a cerlified notice to your surance Company that delaying the requested medical or health related
service could Cause a significant negative change in yout medical condition. The insurance company
has one business day aflet receiving your doctor's certified notice and the appeal to notify you and your
doctor in writing. Teyour instance company sll believes that it should not cover the requested service
aller the Expedited Medical Review ts completed, itmust inform you by phone and in writing of your
Hight to then request an b xpedited Appeal, the next step in the appeal process
Expedited Appeal
If the instance company denies the requested medical or health related service following. the
Expedited Medical Review, and you still wish lo appeal the insurance Company's deciston, your eating
provider or doctor must immediately submuta written appeal to the tasurance Company and provide any
additional reasons and/or documents supporting the request for the medical or health related service.
Ihe insurance company has three business days to make a decision after receiving the additional
Information from your eating provider or doctor Ifthe msurance company still believes that it should
hot cover the requested medical or health related service, the insurance Company must inform you and
your treating provider or doctor by phone and in writing of the demal and of your right to immediately
proceed to an Expedited Extermal Independent Review, the next step in the appeal process. The next
slep requires achon within five business days
Expedited External Independent Review
You must act within five business days afler you are notified that your Expedited Appeal for medical or
health related services was demed to request an Expedited txtermal Independent Review. Your
Insurance Company must act promplly Within one business day of receiving your nolice asking for an
Expedited External Independent Review, the insurance company will send all documentation used to
make tls eather decisions to the Deparment
If the request for Expedited External Independent Review 1s for a medical necessity, the Department
forwards the submitted matenals to an mdependent review organization selected by the Department
Ihe review organization ts under contract with the State of Arizona to provide services to the
Department, and ts not related to your insurance Company. The review organization assigns your matter
lo a teviewer, The reviewer must be a doctor who typically manages the medical condition for which
the treatmentis bemg denied, and may nol have any conflict of interest that will prevent him or her from
making a fai and impartial decision. The review organization has 7? hours to notify the Department of
is decision, The Department then has one business day from when it receives the reviewer's decision
lo notify you, your eating provider or doctor and your surance Company of the decision
If the request for Expedited External Independent Review ts for a question of insurance Coverage fora
medical or health-related treatment, the Department has two business days to review the information
provided by the insurance company and determine if the denied service is covered under the insurance
policy. The Department will notily you, your treating provider or doctor and your insurance company of
ils decision.
Standard services or denied claims
Informal Reconsideration
Informal Reconsideration is the first step in the appeals process for denied claims and services when
you do not qualily for Expedited Medical Review. Some insurance companies may require that you go
straight to a Formal Appeal and you should review your insurance policy to determine if your company
allows only a formal appeal. You may request an Informal Reconsideration by calling in or sending your
request in writing lo your insurance Company. You have up to two years after your insurance Company
denies your claim or request for a covered service to request an Informal Reconsideration. The
insurance Company has 30 days to make a decision and notify you and your doctor or treating provider
or doctor of that decision. If the insurance company still denies your request for service or denies your
claim after the Informal Reconsideration is completed, you may then request a Formal Appeal.
Formal Appeal
If your instance company denies your request for a covered service aller an Informal Reconsideration,
or requires you lo use the Formal Appeal process you may request a Formal Appeal
I your insurance Company requires you to use the Informal Reconsideration process before using the
Formal Appeal process, you have 60 days following the completion of the Informal Reconsideration
process of a denied service to request a Formal Appeal. If your insurance Company requires appeals
ol denied claims to begin at the Formal Appeal level, you have up to two years after the last denial
occurred to request a formal appeal of your denied claim,
For denied services, when your Insurance Company has received your notice of Formal Appeal, it has
30 days to make its decision and to notify you. For denied claims, the insurance company has GO days
lo make its decision and to notify you of the decision. If the insurance company still denies your request
lor service or a claim for a service, you can then request an External, Independent Review.
External, Independent Review
Ihe last step aller a Formal Appeal for denied services or denied claims by your insurance Company Is
the External Independent Review. You have four months after your insurance company notifies you that
your Formal Appeal was denied to request an External, Independent Review. When you submit your
request for the External, Independent Review, your insurance Company has five business days to
respond and send all documentation used to make its earlier decision to the Department.
0211028 Clorsstitrnen Cocedes to thre Edeatthy Clout ppeals Process. i AWIZOnG beac 3ol ty
For medical necessily cases, when the Department receives the documentation from the imsurance
company, it has five business days to forward the materials to an independent review organization
selected by the Deparment The teview organization is under contract wilh the State of Arizona to
provide services to the Depatiment, and is not related to your insurance company. The review
organization assigns your matter loa reviewer The reviewer must be a doctor who typically manages
Ihe medical condition for which the ttealmentis being denied, and may not have any conflict of interest
that will prevent him or her from making a fan and impartial decision. The reviewer has 21 days to nolify
the Department of its decision. The Department then has five business days from when il receives the
reviewer's decision to notify you, your treating provider or doctor and your insurance Company of the
decision
For cases involving an insurance Company's dental of coverage for a medical service or claim, the
Deparment has 15 business days to review the ifommation provided and determine if the dened
service or claim is covered under the policy. The Department will notify you, your doctor eating provider
or doclot and your surance Company of its decision. Iethe Department is unable to determine if the
claim is covered under the policy, tt may then send the case to an independent review organization and
this organization assigns a physician to review the record and determine if the service or claim is
covered under the insurance policy. The reviewer must be a doctor who typically manages the medical
condition for which the treatment is being denied, and may not have any conflict of interest that will
prevent him or her from making a fan and impattial decision, The medical reviewer has ? 1 days to senc
a decision to the Department and you would be notified of the decision within five business days
The reviewer's decision ts legally binding upon the insurance company and you, even if you or the
Insurance Company disagrees wilh the decision, Either you or the insurance company may petition this
decision to a state court following the completion of the external, independent review thal was decided
by a medical reviewet
When the Department determines whether a claim is covered under a health insurance policy, this
decision may be reviewed by the Arizona Office of Administrative Appeals. you or the insurance
company disagree with the Deparlment’s decision regarding Coverage issues, either party may request
a hearing. Hearngs must be requested within 30 days of receiving the decision from the Department.
When you receive the Department's decision, itincludes instructions for requesting a hearing. Please
keep inmind, however, that the independent review organization, the Department of Insurance and the
Office of Administrative Hearings cannot require an insthance company to pay a claim or provide a
service that is excluded from coverage by your policy
What kinds of matters will not qualify for the Heath Care Appeals process?
Individuals with health care coverage through a Medicare HMO, Medicare supplement plan, long term
care plan, a mullhemployer plan under ERISA, a federal employee plan, or any self funded or sell
Insured plan are not eligible to participate in the appeals process described above. Workers’
compensation claims and disputes are also nol eligible for this appeals process. These other plans
O2 11028 Conve tiie le rthies Phen aly @ 044 \p RAS Bl KIB We AM
normally have an appeals process of some kind that you may use, but the appeals process in those
other plans are spelled out in the plan documents.
Individuals with complaints concerning how you were teated by a health care provider, health care
benelit reductions due to usual and customary charge limitations, deductibles, and coordination of
benefits issues are not eligible for the health care appeals process described above
Helpful hints
Include Documents: If you decide to file a health care appeal with your insurance company, make
sure to include as much supporting documentation as possible that shows why you believe the denied
setvice or Claim should be covered. When filing an Expedited Medical Review, the doctor's written
certilication that delaying treatment will negatively impact your medical condition must be included
Understand What Can Be Appealed: Kkemember that you cannot request an External, Independent
Review before you have completed any applicable Formal Appeal, Informal Reconsideration ot
Expedited Medical Review. Please also keep in mind that this is only a brief description of the way the
appeals process will generally work at most insurance Companies
Every Health Care Company Has Its Own Process: Ihere can be some variation from company to
company. Please refer to the Health Care Appeals Information Packet available from your insurance
company for more specific details regarding how your insurance Company handles appeals. If you
are nol able to locate this information, please contact your insurance Company or the Department of
Insurance & Financial Institutions at www.difi.az.gov.
Persons with disabilities may request matenals be presented i an alternative fommat by contacting the ADA Coordinatot
al (602) 364-3100 Requests should be made as eany as possible to allow tine to procure the matenals ian alternative
formal
11028 a) Hew Cotes Go the Pie ath Clore AX peabe Pere ut Ln bo acye Sl
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2209: industrial commission of Arizona; continuation
Sponsor: Representative Livingston, LD 28
Committee on Commerce
Overview
Continues the Industrial Commission of Arizona (ICA) for eight years.
History
Industrial Commission of Arizona
Established in 1925, the ICA is a regulatory agency responsible for labor-related issues
regarding occupational safety and health, youth employment laws, resolution of wage related
disputes, minimum wage, vocational rehabilitation, and workers’ compensation coverage.
The ICA is composed of five members who are appointed by the Governor and confirmed by
the Senate. The Director who oversees the daily operations and works with various agency
divisions is also appointed by the Governor and confirmed by the Senate. The ICA is a self-
supporting agency whose operations and other statutorily mandated functions are funded
through an annual assessment on workers' compensation premiums (Title 23, A.R.S.).
Sunset Review Process
The sunset review process provides a system for the Legislature to evaluate the need to
continue the existence of state agencies which are reviewed by a legislative committee of
reference (COR). The COR is required to hold a public hearing, receive testimony from agency
officials and the public and consider the agency's responses to the statutorily-outlined sunset
factors in determining whether to recommend continuing, consolidating or terminating the
agency (A.R.S 41-2954).
The House Commerce COR held a public meeting on January 16, 2024, and recommended
that the Legislature continue the ICA for three years. The ICA terminates on July 1, 2024,
unless continued by the Legislature (A.R.S. § 41-3024,20).
Provisions
1. Continues, retroactive to July 1, 2024, the ICA for eight years until July 1, 2032. (Sec. 1,
2, 4)
2. Repeals the ICA on January 1, 2033. (Sec. 2)
3. Includes a purpose statement. (Sec. 3)
[J Prop 105 (45 votes) [J Prop 108 (40 votes) © Emergency (40 votes) (1 Fiscal Note
HB 2209
Initials PB Page 1 Commerce
Attachment 10
wo ON TD oO fF WO YM KF
Fe FP FE
wo Mm KF OC
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2209
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2209
(Reference to printed bill)
Page 1, line 5, strike "41-3032.20" insert "41-3027.09"
Line 6, strike "41-3032.20" insert "41-3027.09"
Line 7, strike "2032" insert "2027"
Line 8, strike "2032" insert "2027"
Line 10, strike "2033" insert "2028"
Between lines 14 and 15, insert:
"Sec. 4. Legislative Intent
It is the intent of the Legislature to request the Joint Legislative
Audit Committee to assign the sunset review of the Industrial Commission of
Arizona to the Office of the Auditor General to conduct a performance
audit."
Renumber to conform
Amend title to conform
JUSTIN WILMETH
2209WILMETH. docx
02/01/2024
12:16 PM
H: PB/1s
Attachment Rus
wo Oo ns DTD oO Se WHO Hw
LN eo >
Oo mo fF Oo Oo CoO NI DD oO Pe WO HS KF OC
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2209
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2209
(Reference to printed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 23-108.03, Arizona Revised Statutes, is amended
to read:
23-108.03. Performance of certain powers and duties:
definition
A. The industrial commission shall be responsible for determining
the policy of the commission.
B. Any powers and duties prescribed by law to the commission in this
chapter and chapters 2 and 6 of this title, whether ministerial or
discretionary, may by resolution be delegated by the commission to the
director or any of its department heads or assistants, provided, that the
commission shall not delegate its power or duty to:
1. Make rules and regulations.
2. Commute awards to a jump sum.
3. License self-insurers.
C. The commission shall be responsible for the official acts of its
employees acting in the name of the commission and by its delegated
authority.
D. STATE LABOR DEPARTMENT DETERMINATIONS, PENALTIES AND FINES FOR
LABOR VIOLATIONS SHALL BE CONSIDERED, AUTHORIZED AND DETERMINED BY A
SUPERMAJORITY VOTE OF THE COMMISSIONERS. THE COMMISSIONERS SHALL CONSIDER
WHETHER A VIOLATION CONTINUES BEYOND ONGOING ACTION OR ONCE THE EMPLOYER’S
COURSE OF CONDUCT HAS CEASED.
House Amendments to H.B. 2209
E. FOR THE PURPOSES OF THIS SECTION, "SUPERMAJORITY" MEANS AN
AFFIRMATIVE VOTE OF TWO-THIRDS OF COMMISSIONERS PRESENT AND VOTING.
Sec. 2. Title 23, chapter 1, article 1, Arizona Revised Statutes, is
amended by adding section 23-111, to read:
23-111. Industrial commission; inspectors; state plan; joint
legislative budget committee review
A. THE INDUSTRIAL COMMISSION OF ARIZONA MAY NOT ALLOW ANY INDIVIDUAL
TO ACCOMPANY AN INSPECTOR WHEN CONDUCTING INSPECTIONS FOR THE INDUSTRIAL
COMMISSION OF ARIZONA UNLESS THAT INDIVIDUAL IS AN EMPLOYEE OF THE WORKSITE
OR ENTITY BEING INSPECTED.
B. THE JOINT LEGISLATIVE BUDGET COMMITTEE SHALL REVIEW ANY STATE
PLAN PROPOSED BY THE INDUSTRIAL COMMISSION OF ARIZONA BEFORE THE STATE PLAN
IS SUBMITTED TO THE UNITED STATES OCCUPATIONAL SAFETY AND HEALTH
14 ADMINISTRATION."
15 Renumber to conform
16 Amend title to conform
po Oo NY DOD oO F&F WO MY KF
FFP FE BH
wo wpe rF O&O
MATT GRESS
2209GRESS.docx
02/12/2024
10:34 AM
H: LG/ra
Attachment TES
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2209
DATE February 13, 2024 MOTION: DP A
PASS AYE NAY PRESENT | ABSENT
Aguilar /
Austin VA
Carter VA
Gress VA
Heap vA
Hendrix VY
Liguori V4
Ortiz Vv
Carbone, Vice-Chairman VA
Wilmeth, Chairman if
jo | © O | oO
JUL AW uw)
APPROVED: OMMITTEE SECRETARY
JUSTIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman
ATTACHMENT__1.3
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2592: unemployment insurance; benefit amounts; definition
Sponsor: Representative Carbone, LD 25
Committee on Commerce
Overview
Changes the duration of unemployment insurance (UJ) benefits for which an individual may
receive during a benefit year.
History
Individuals awarded unemployment insurance benefits are entitled to receive a weekly
benefit in an amount equal to 4% of the total wages for insured work paid in the highest
quarter of their base period. The base period is the first four of the last five completed
calendar quarters immediately preceding the first day of their benefit year. The weekly
benefit amount is statutorily capped at $320 (A.R.S. § 23-779).
The duration of benefits is based on the unemployment rate in the prior calendar quarter,
which is the average of the seasonally adjusted unemployment rates for the three months of
the most recently published calendar year quarter as published by the Office of Economic
Opportunity. If the prior calendar quarter unemployment rate is less than 5% the duration
of benefits is 24 weeks. If the prior calendar quarter unemployment rate is 5% or more the
duration of benefits is 26 weeks (A.R.S. § 23-780).
According to the Office of Economic Opportunity, Arizona's unemployment rate (December
2023 ~ Seasonally Adjusted) is 4.3%.
Provisions
1. Modifies the duration schedule for which an eligible individual receives UI benefits based
on incremental changes in the unemployment rate (UR) in the prior calendar quarter:
a) 12 weeks, if the UR is 5% or less;
b) 14 weeks, if the UR is more than 5% but not more than 5.5%;
c) 16 weeks, if the UR is more than 5.5% but not more than 6%;
d) 18 weeks, if the UR is more than 6% but not more than 6.5%;
e) 20 weeks, if the UR is more than 6.5% but not more than 7%;
f) 22 weeks, if the UR is more than 7% but not more than 7.5%;
g) 24 weeks, if the UR is more than 7.5% but not more than 8%;
h) 26 weeks, if the UR is more than 8%. (Sec 1)
O Prop 105 (45 votes) DC Prop 108 (40 votes) O Emergency (40 votes) O Fiscal Note
HB 2592
Initials PB Page 1 Commerce
, ° Attachment 14
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2592
DATE February 13, 2024 MOTION: »
PASS AYE NAY PRESENT | ABSENT
Aguilar V
Austin V
Carter
Gress
Heap
<5 |S.1 %
Hendrix
Liguori
QN
Ortiz
Carbone, Vice-Chairman
Wilmeth, Chairman y
S 1S
APPRO Sag Sey 2 COMMITEE SECRETARY
TIN WILMETH, Chairman
AEL CARBONE, Vice-Chairman
ATTACHMENT s
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2282: unemployment; requirements; disqualifications; shared work
Sponsor: Representative Biasiucci, LD 30
Committee on Commerce
Overview
Modifies the criteria that an unemployed person must meet to be eligible for Unemployment
Insurance (UI) benefits. Requires the Department of Economic Security (DES) to cross-check
the validity of UI claims against outlined data sets.
History
The Department of Economic Security (DES) administers the unemployment insurance
benefit program, which provides temporary financial relief to eligible unemployed individuals
who separate from their previous employers at no fault of their own. To be eligible for UI
benefits, an individual must be able to work, available for work and actively seeking work.
Further, the individual must engage in a systematic and sustained effort to search for work
on at least four different days each week and make at least four work search contacts each
week,
DES examines any claim for benefits and determines whether the claim is valid. DES must
promptly notify the claimant of the determination. The claimant has 15 days from the date
the notification was mailed to appeal the determination.
Individuals who fail to apply for available and suitable work, actively engage in seeking work,
accept suitable work when offered or return to customary self-employment as directed by
DES are disqualified from UI benefits (Title 23, Chapter 4, A.R.S.).
Provisions
UI Benefit Eligibility
1. Modifies eligibility requirements by adding that an individual must actively seek and
apply for suitable work and:
a) conduct at least five specified work search actions each week to qualify as actively
seeking and applying for suitable work; and
b) provide a weekly report that details the individual's work search actions for every
week a benefit is sought. (Sec. 4)
2. Removes the requirement that an individual engage in a systematic and sustained effort
to obtain work during at least four days of the week and make at least one job contract
per day on four different days of the week to be eligible for UI benefits. (Sec. 4)
UI Claim Validity
3. Prohibits DES from paying benefits until the initial claim, or ongoing claim on a weekly
basis, is cross-checked for validity against prescribed data sets. (ec. 5)
C} Prop 105 (45 votes) C] Prop 108 (40 votes) O Emergency (40 votes) OU Fiscal Note
HB 2282
Initials PB Page 1 Attachment th Commerce
4, Stipulates a claim will not be paid and the claimant is disqualified from receiving benefits
and referred for prosecution if a cross-check results in information indicating that a claim
is ineligible or fraudulent. (Sec. 5)
5. Directs DES, prior to paying benefits, to examine any initial claim and confirm the claim's
validity if the initial claim:
a) was submitted electronically through an internet address located outside of Arizona
or the U.S.;
b) references an address for which another current claim was submitted; or
c) is associated with a direct deposit for a bank account already used for another current
claim. (Sec. 5)
6. Allows DES to refer the matter for prosecution if a fraudulent claim was filed. (Sec. 5)
Disqualification from UI Benefits
7. Restates that an individual is disqualified for UI benefits if the individual has failed
without cause to:
a) actively seek and apply for suitable work;
b) accept an offer of suitable work; or
c) accept reemployment at the same employer for suitable work, if offered. (Sec. 6)
8. Directs an employer to report to DES when an individual who was a previous employee:
a) refuses to return to work or accept an offer of suitable work; or
b) fails to appear for a scheduled interview or respond to an offer of employment. (Sec.
6)
9, Permits employers to submit the required report to DES either digitally or through email.
(Sec. 6)
10. Requires DES to conduct an independent review of each submitted report to determine
whether an individual should be disqualified from receiving benefits. (Sec. 6)
11. Makes technical changes. (Sec. 1-6)
HB 2282
Initials PB Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILLNO. HB 2282
DATE February 13, 2024 MOTION: D P
PASS AYE NAY PRESENT | ABSENT
Aguilar JS
Austin VA
Carter 4
Gress Vv
Heap v4
Hendrix VA
Liguori Vv
Ortiz VS
Carbone, Vice-Chairman of
Wilmeth, Chairman y/
(| 4 | © | O
Suton Hho
APPROVED: COMMITTEE SECRETQRY
TIN WILMETH, Chairman
AAEL CARBONE, Vice-Chairman
ATTACHMENT. |
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB2884: zero-emission vehicle program; rebate
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce
Overview
Establishes the Zero-emission Vehicle Program (Program) that provides rebates to persons
who purchase a zero-emission vehicle.
History
In 1990, the Legislature established the waste tire program to address problems relating to the
proper handling and disposal of waste tires. Additionally, created the Waste Tire Fund which
consists of monies collected from statutory fees applied to the sale of new tires. The Arizona
Department of Revenue (ADOR) administers the fund and certifies disbursement amounts of fund
monies as follows:
1) an amount not to exceed 3.5% to the Arizona Department of Environmental Quality (ADEQ)
for deposit in the Solid Waste Fee Fund for monitoring and enforcing requirements on waste
tire disposal;
2) an amount not to exceed 5% or $250,000, whichever is less, to be used by ADEQ for tire fire
cleanup expenses; and
3) the remaining amount of monies to be distributed amongst counties in proportion to the
number of motor vehicles registered in the county.
Monies distributed to counties must be used for waste tire programs (A.R.S. § 44-1305).
Provisions
Zero-emission Vehicle Program
1. Establishes the (Program) within ADEQ to provide rebates to persons who purchase zero-
emission vehicles. (Sec. 2)
2. Requires the Director of ADEQ to adopt rules for the Program to:
a) specify zero-emission vehicle designs that qualify for the Program;
b) establish procedures to prioritize monies;
c) limit the number of rebates available to each class of zero-emission vehicles;
d) allow a person who purchases a zero-emission vehicle to apply for a rebate for a
portion of the purchase price of the vehicle or assign a rebate to a vehicle dealer;
e) prescribe a rebate application procedure;
f) set an annual rebate cap that may vary for each class of zero-emission vehicles;
g) award rebates only from monies available in the Zero-emission Vehicle Fund;
h) provide a procedure for the reimbursement of monies from zero-emission vehicle
owners who receive a rebate but do not comply with prescribed requirements; and
i) decide on any valid application within 60 days after receipt. (Sec. 2)
3. Allows the Director of ADEQ to waive a reimbursement requirement on a finding of
unforeseeable or unavoidable circumstances. (Sec. 2)
HB 2884
Initials PB Page 1 Commerce
Attachment 1%
4. Allows ADEQ to:
a) adopt rules to provide additional rebates for fleet owners that purchase zero-emission
vehicles that operate in an area subject to the emissions inspection program; and
b) hire an outside contractor to help implement or administer the zero-emission vehicle
program. (Sec. 2)
5. Outlines the criteria for a person to apply for a rebate within six months after purchasing
a zero-emission vehicle. (Sec. 2)
6. Requires a rebate recipient to notify ADEQ of a transfer of title of a zero-emission vehicle
or an emissions system modification. (Sec. 2)
7. Defines zero-emission vehicle as a vehicle that has a gross weight of 1,400 pounds or more
and a drivetrain that produces zero exhaust emission, criteria pollutant or greenhouse
gas. (Sec. 2)
Zero-emission Vehicle Fund
8. Creates the Zero-emission Vehicle Fund (fund) consisting of legislative appropriations,
federal monies and private gifts, grants, contributions and devises and monies
transferred from the Waste Tire Fund. (Sec. 2)
9. Tasks ADEQ with administering the Fund. (Sec. 2)
10. States that Fund monies are subject to legislative appropriation. (Sec. 2)
11. Allows ADEQ to use Fund monies to administer and award rebates pursuant to the
Program. (Sec. 2)
Waste Tire Fund and Program
12. Requires ADOR to certify a disbursement amount of up to 9% of monies in the Waste Tire
Fund to be transferred to the Zero-emission Vehicle Fund. (Sec. 1)
13. Removes the specification that a county's population be determined by the most recent
U.S. decennial census with regards to who may join with other counties to establish a
waste tire program. (Sec. 1)
Miscellaneous
14, Makes technical changes. (Sec. 1)
DO Prop 105 (45 votes) 1 Prop 108 (40 votes) 0 Emergency (40 votes) [ Fiscal Note
HB 2884
Initials PB Page 2 Commerce
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2884
PROPOSED VERBAL AMENDMENT
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2884
(Reference to printed bill)
1 Page 3, line 14, strike "ONE THOUSAND FOUR HUNDRED" insert "EIGHT THOUSAND FIVE
2 HUNDRED"
3 Amend title to conform
JUSTIN WILMETH
2884WILMETH. docx
02/13/2024
10:55 AM
H: PB/ra
Attachment bil
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2884
DATE February 13, 2024 MOTION: DPA
PASS AYE NAY PRESENT | ABSENT
Aguilar
NN
Austin
Carter
Gress
Heap
QNN<
Hendrix
Liguori
Ortiz
¢
Wilmeth, Chairman
J
v
Carbone, Vice-Chairman vo
S
lo
APPROV
TIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman
ATTACHMENT. AQ
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2886: apprenticeship; supervised probation
Sponsor: Representative Hernandez A, LD 20
Committee on Commerce
Overview
Grants additional work hours and travel allowances to certain persons on probation who are
participating in an apprenticeship program.
History
The court may place a person who is eligible for probation on intensive probation supervision
or supervised or unsupervised probation on such terms and conditions as the law requires
and the court deems appropriate. If the court imposes a term of probation, the court may
require the defendant to report to a probation officer (A.R.S. § 18-901).
Provisions
1. Allows a probationer who is on supervised probation and who is participating in a state
or federally recognized apprenticeship program to:
a) work at any hours of the day as long as the probationer remains in good standing with
the apprenticeship program; and
b) travel outside the jurisdiction in which the probationer resides to work in the
apprenticeship program if the probationer returns to the jurisdiction in which the
probationer resides by 11:59 p.m. each day. (Sec. 1)
C] Prop 105 (45 votes) 1 Prop 108 (40 votes) 0 Emergency (40 votes) 0 Fiscal Note
HB 2885
Initials PB Page 1 Commerce
Attachment A
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. — HB 2885
DATE February 13, 2024 motion: DP
PASS AYE NAY | PRESENT | ABSENT
Aguilar 4
Austin J
Carter Vv
Gress V
Heap V
Hendrix J
Liguori WA
Ortiz /
Carbone, Vice-Chairman V
Wilmeth, Chairman VA
io} O| O Lo
Auton Huvshew
COMMITTEE SECRETARY
STIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman
ATTACHMENT. oA
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2780: technical correction; military; special plates
S/E: Arizona space commission; appropriation
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce
Summary of the Strike-Everything Amendment to HB 2780
Overview
Creates the Arizona Space Commission (Commission)
Provisions
Arizona Space Commission
1. Establishes the Commission which is governed by a 9-member, Governor appointed,
Board of Directors (Board). (Sec. 1)
2. Requires priority of Board appointments be given to individuals with experience in:
a) commercial and military aerospace;
b) civil aviation;
c) space economic development;
d) space-related academic research;
e) nonprofit space economy support;
f) real estate; and
g) finance. (Sec. 1)
Provides requirements for Board member's terms in office and Board vacancies. (Sec. 1)
4. Instructs the Board to appoint a Director (Director) of the Commission who receives
compensation as determined by statute and serves at the pleasure of the Board. (Sec. 1)
Permits the Director to hire staff as necessary to implement the duties of the Commission.
(Sec. 1)
6. Prescribes the duties of the Board which include:
a) direct the activities of and establish goals for the Commission;
b) establish standards to ensure the proper use of fund monies;
c) identify research and funding opportunities within this state;
d) promote and assist developing workforce training to advance emerging technologies
required for all aspects of space exploration; and
e) solicit proposals for funding and research opportunities. (Sec. 1)
7. Allows the Board to:
on
(1 Prop 105 (45 votes) 1 Prop 108 (40 votes) 0 Emergency (40 votes) (1 Fiscal Note
HB 2780
Initials PB Page 1 Commerce
Attachment 34
10.
11,
12.
13.
14.
15.
16,
17.
18,
19,
20.
21.
22,
23.
24.
a) appoint an ad hoc advisory committee as necessary to carry out the duties of the
Board;
b) acquire and convey property or an interest in property in Arizona;
c) engage in planning and implementing of aerospace-related educational opportunities
in Arizona. (Sec. 1)
Instructs the Director to develop and annually update a strategic plan for promoting and
expanding space, aeronautics and aviation in this state, including a list of potential
projects to further the purposes of the Commission. (Sec. 1)
Specifies the list of potential projects must include:
a) the estimated total cost for the project, including any available matching state monies;
and
b) an assessment of the availability of external funding sources. (Sec. 1)
Directs the Board to conduct a hearing to review and amend or approve the strategic plan
and to annually submit the plan to the Governor and Legislature. (Sec. 1)
Space Exploration and Aeronautics Research Fund
Establishes the Space Exploration and Aeronautics Research Fund (fund) consisting of
legislative appropriations and gifts, grants and donations. (Sec. 1)
Specifies monies in the Fund are continuously appropriated and may be used to provide
grants to businesses or nonprofit organizations that are involved in the space exploration
or aeronautics industry or to a governmental entity with which the Board has entered
into an intergovernmental agreement. (Sec. 1)
Specifies the Board administers the Fund and may use up to 10% of Fund monies for
administrative costs. (Sec. 1)
Outlines the purposes for which grant monies must be used. (Sec. 1)
Permits the Board to provide grants for multiyear projects and specify the total amount
of monies approved to fund each project. (Sec. 1)
Requires the Board to establish standards to ensure that grant recipients purchase goods
and services from Arizona suppliers to the extent reasonably possible. (Sec. 1)
Directs each grant recipient to submit a report to the Board that describes how grant
monies were spent and a summary of any findings. (Sec. 1)
Requires the Board to prescribe a simplified form and procedure to apply for grants. (Sec.
1)
Appropriates $2,000,000 from the state General Fund in FY 2025 to the Fund. (Sec. 4)
Exempts the appropriation to the Fund from lapsing. (Sec. 4)
Miscellaneous
Declares the purpose of the Commission is to promote space aeronautics, astronautics
and aviation in Arizona. (Sec. 3)
Terminates the Commission on July 1, 2082. (Sec. 2)
Repeals governing statutes January 1, 2032. (ec. 2)
Defines pertinent terms. (Sec. 1)
HB 2780
Initials PB Page 2 Commerce
1
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11
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23
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2780
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2780
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Title 41, Arizona Revised Statutes, is amended by adding
chapter 20, to read:
CHAPTER 20
ARIZONA SPACE COMMISSION
ARTICLE 1. GENERAL PROVISIONS
41-2351. Definitions
IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "BOARD" MEANS THE BOARD OF DIRECTORS OF THE COMMISSION.
2. “COMMISSION” MEANS THE ARIZONA SPACE COMMISSION.
3. "DIRECTOR" MEANS THE DIRECTOR OF THE COMMISSION.
4. “FUND" MEANS THE SPACE EXPLORATION AND AERONAUTICS RESEARCH FUND.
41-2352. Arizona space commission; board of directors:
membership: duties; strategic plan
A. THE ARIZONA SPACE COMMISSION IS ESTABLISHED. THE COMMISSION IS
GOVERNED BY A BOARD OF DIRECTORS CONSISTING OF NINE MEMBERS WHO ARE
APPOINTED BY THE GOVERNOR.
B. WHEN MAKING THE APPOINTMENTS TO THE BOARD PURSUANT TO SUBSECTION
A OF THIS SECTION, PRIORITY SHALL BE GIVEN TO INDIVIDUALS WITH EXPERIENCE
IN ANY OF THE FOLLOWING:
1. COMMERCIAL AEROSPACE.
2. CIVIL AVIATION. Attachment_4Y
3. MILITARY AEROSPACE.
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WD WwW WW PM MR MR MR PM PA PM MR PR DR Fk ir a
ono FEF Oo Ob ON DO OH Re WO MSH KF DOD HOH ON DTD OO FF WD HH KK CO
House Amendments to H.B. 2780
SPACE ECONOMIC DEVELOPMENT.
SPACE-RELATED ACADEMIC RESEARCH.
NONPROFIT SPACE ECONOMY SUPPORT.
REAL ESTATE.
FINANCE.
C. THE INITIAL MEMBERS SHALL ASSIGN THEMSELVES BY LOT TO TERMS OF
TWO, FOUR AND SIX YEARS IN OFFICE. ALL SUBSEQUENT MEMBERS OF THE BOARD
SHALL SERVE SIX-YEAR TERMS IN OFFICE. NOT MORE THAN THIRTY DAYS AFTER A
MEMBER'S TERM EXPIRES, THE GOVERNOR SHALL APPOINT ANOTHER MEMBER IN THE
SAME MANNER AS THE INITIAL APPOINTMENT. ALL VACANCIES SHALL BE FILLED IN
THE SAME MANNER AS THE INITIAL APPOINTMENT WITHIN THIRTY DAYS AFTER THE
VACANCY.
D. THE BOARD SHALL:
1. APPOINT A DIRECTOR OF THE COMMISSION. THE DIRECTOR SHALL RECEIVE
COMPENSATION AS DETERMINED PURSUANT TO SECTION 38-611. THE DIRECTOR SHALL
SERVE AT THE PLEASURE OF THE BOARD. THE DIRECTOR MAY HIRE STAFF AS
NECESSARY TO IMPLEMENT THE DUTIES OF THE COMMISSION.
2. ELECT A CHAIRPERSON FROM AMONG THE MEMBERS OF THE BOARD.
3. DIRECT THE ACTIVITIES OF, ESTABLISH GOALS FOR AND PROVIDE
OVERSIGHT OF THE COMMISSION.
4. ESTABLISH STANDARDS TO ENSURE THE PROPER USE OF FUND MONIES.
5. IDENTIFY RESEARCH AND FUNDING OPPORTUNITIES WITHIN THIS STATE
THAT BO THE FOLLOWING:
(a) STRENGTHEN AND ENHANCE THIS STATE'S POSITION IN CIVIL,
COMMERCIAL AND MILITARY AERONAUTICS RESEARCH AND DEVELOPMENT AND SPACE
FLIGHT INFRASTRUCTURE.
(b) ENHANCE THE INTEGRATION OF THE SPACE AERONAUTICS, ASTRONAUTICS
AND AVIATION INDUSTRIES IN THIS STATE.
(c) PROMOTE AND RESEARCH MATERIALS DERIVED FROM OR DEVELOPED THROUGH
SPACE EXPLORATION AND SPACE FLIGHT.
6. PROMOTE AND ASSIST DEVELOPING WORKFORCE TRAINING TO ADVANCE
EMERGING TECHNOLOGIES REQUIRED FOR ALL ASPECTS OF SPACE EXPLORATION.
-2-
oN DT Of
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Oo WD BP PM FR FO PR FR MH DW DW MP FR FR RR rR rR rR LRU LU
re oO OD ON DD Oo F&F WOW HY KF DOD OBO ON DO FF WwW NY KF &
House Amendments to H.B. 2780
7. SOLICIT PROPOSALS FOR FUNDING AND RESEARCH OPPORTUNITIES RELATED
TO THE OBJECTIVES OF THIS SECTION.
E. THE BOARD MAY:
1. APPOINT AN AD HOC ADVISORY COMMITTEE AS NECESSARY TO CARRY OUT
THE BOARD'S DUTIES PURSUANT TO THIS SECTION.
2. ACQUIRE AND CONVEY PROPERTY OR AN INTEREST IN PROPERTY IN THIS
STATE.
3. ENGAGE IN PLANNING AND IMPLEMENTING OF AEROSPACE-RELATED
EDUCATIONAL OPPORTUNITIES IN THIS STATE.
F, THE DIRECTOR OF THE COMMISSION SHALL DEVELOP AND ANNUALLY UPDATE
A STRATEGIC PLAN FOR PROMOTING AND EXPANDING SPACE, AERONAUTICS AND
AVIATION IN THIS STATE, INCLUDING A LIST OF POTENTIAL PROJECTS TO FURTHER
THE PURPOSES OF THE COMMISSION. THE DIRECTOR SHALL INCLUDE BOTH OF THE
FOLLOWING FOR EACH POTENTIAL PROJECT:
1. THE ESTIMATED TOTAL COST FOR THE PROJECT, INCLUDING ANY AVAILABLE
MATCHING STATE MONIES.
2. AN ASSESSMENT OF THE AVAILABILITY OF EXTERNAL FUNDING SOURCES.
G. THE BOARD SHALL CONDUCT A HEARING TO REVIEW AND AMEND OR APPROVE
THE STRATEGIC PLAN.
H. ON OR BEFORE DECEMBER 31 OF EACH YEAR, THE DIRECTOR SHALL SUBMIT
THE STRATEGIC PLAN TO THE GOVERNOR, THE PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE HOUSE OF REPRESENTATIVES.
41-2353. Space exploration and aeronautics research fund:
report
A. THE SPACE EXPLORATION ANB AERONAUTICS RESEARCH FUND IS
ESTABLISHED CONSISTING OF LEGISLATIVE APPROPRIATIONS AND GIFTS, GRANTS AND
DONATIONS. MONIES IN THE FUND ARE CONTINUOUSLY APPROPRIATED. THE BOARD
SHALL ADMINISTER THE FUND. THE BOARD MAY USE UP TO TEN PERCENT OF THE
MONIES FOR ADMINISTRATIVE COSTS. MONIES IN THE FUND MAY BE USED TO PROVIDE
GRANTS TO BUSINESSES OR NONPROFIT ORGANIZATIONS IN THIS STATE THAT ARE
INVOLVED IN THE SPACE EXPLORATION OR AERONAUTICS INDUSTRY OR TO A
wo on DBD oO F&F WwW YH KF
mM M MR MOM MH M LY DMP KF KR YH BRB we ee BS Be
SM DO Oo FF W DM KF OO Yb DON DBD TH B&B W MDH F OO
House Amendments to H.B. 2780
GOVERNMENTAL ENTITY WITH WHICH THE BOARD HAS ENTERED INTO AN
INTERGOVERNMENTAL AGREEMENT.
B. THE GRANT MONIES SHALL BE USED FOR ANY OF THE FOLLOWING PURPOSES:
1. DEVELOPING EMERGING TECHNOLOGIES THAT ARE REQUIRED FOR ANY ASPECT
OF HUMAN SPACE FLIGHT.
2. RESEARCH INVOLVING SPACE EXPLORATION AND SPACE FLIGHT.
3. WORKFORCE TRAINING TO PROMOTE SPACE EXPLORATION AND SPACE FLIGHT.
4. CURATING POST-MISSION MATERIALS INVOLVED IN SPACE EXPLORATION AND
SPACE FLIGHT.
5. DEVELOPING INFRASTRUCTURE THAT IS NECESSARY FOR ESTABLISHING AND
MAINTAINING A SPACEPORT.
C. THE BOARD MAY ALSO PROVIDE GRANTS FOR MULTIYEAR PROJECTS. THE
BOARD SHALL SPECIFY THE TOTAL AMOUNT OF MONIES APPROVED TO FUND EACH
MULTIYEAR PROJECT.
D. THE BOARD SHALL ESTABLISH STANDARDS TO ENSURE THAT GRANT
RECIPIENTS PURSUANT TO THIS SECTION PURCHASE GOODS AND SERVICES FROM
SUPPLIERS IN THIS STATE TO THE EXTENT REASONABLY POSSIBLE.
E. EACH GRANT RECIPIENT SHALL SUBMIT A REPORT TO THE BOARD THAT
DESCRIBES HOW GRANT MONIES WERE SPENT AND A SUMMARY OF ANY FINDINGS.
F. THE BOARD SHALL PRESCRIBE A SIMPLIFIED FORM AND PROCEDURE T0
APPLY FOR GRANTS PURSUANT TO THIS SECTION.
Sec. 2. Title 41, chapter 27, article 2, Arizona Revised Statutes,
is amended by adding section 41-3032.01, to read:
41-3032.01. Arizona space commission; termination July 1, 2032
A. THE. ARIZONA SPACE COMMISSION TERMINATES ON JULY 1, 2032.
B. TITLE 41, CHAPTER 20 AND THIS SECTION ARE REPEALED ON JANUARY 1,
2032.
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House Amendments to H.B. 2780
Amend
Sec. 3. Purpose
Pursuant to section 41-2955, subsection E, Arizona Revised Statutes,
the legislature establishes the Arizona space commission to promote space
aeronautics, astronautics and aviation in this state.
Sec. 4. Appropriation: space exploration and aeronautics
research fund: exemption
A. The sum of $2,000,000 is appropriated from the state general fund
in fiscal year 2024-2025 to the space exploration and aeronautics research
fund established by section 41-2353, Arizona Revised Statutes, as added by
this act.
B. The appropriation made in subsection A of this section is exempt
from the provisions of section 35-190, Arizona Revised Statutes, relating
to the lapsing of appropriations."
title to conform
JUSTIN WILMETH
2780WILMETH. docx
02/08/2024
01:07
C: AH
PM
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2780
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2780
(Reference to proposed WILMETH s/e dated: 2/08/2024; 1:07 PM)
Page 4, line 27, strike "2032" insert "2033"
Amend title to conform
JUSTIN WILMETH
2780WILMETH. docx
02/12/2024
11:25 AM
H: PB/1s
Attachment 2S
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2780
Frit 6D
DATE February 13, 2024 MOTION: __ +
PASS AYE NAY PRESENT | ABSENT
Aguilar V
Austin VA
Carter . Y
Gress J
Heap Vv
Hendrix VA
Liguori vA
Ortiz V
Carbone, Vice-Chairman ; Y
Wilmeth, Chairman V4
S| O O
APPROVE COMMITTEE SECRETARY
N WILMETH, Chairman
AAEL CARBONE, Vice-Chairman
ATTACHMENT. A
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2648: motor vehicle manufacturers; TPT; exemption
S/E: condominiums; planned communities; lien; assessment
Sponsor: Representative Martinez, LD 16
Committee on Commerce
Overview
Restructures statutes relating to condominium and planned community liens.
History
A condominium and planned community association has a lien on a unit for any assessment
levied against that unit from the time the assessment becomes due. The association's lien for
assessments, for charges for late payment of those assessments, for reasonable collection fees
and for reasonable attorney fees and costs incurred with respect to those assessments may
be foreclosed in the same manner as a mortgage on real estate but only if the owner has been
delinquent in the payment of monies secured by the lien, excluding reasonable collection fees,
reasonable attorney fees and charges for late payment of and costs incurred with respect to
those assessments, for a period of one year or in the amount of $1,200 or more, whichever
occurs first,
Fees, charges, late charges, monetary penalties and interest charged, other than charges for
late payment of assessments, are not enforceable as assessments. The association's lien for
monies other than for assessments, for charges for late payment of those assessments, for
reasonable collection fees and for reasonable attorney fees and costs incurred with respect to
those assessments may not be foreclosed and is effective only on conveyance of any interest
in the real property (A.R.S. §§ 83-1256 and 33-1807).
Provisions
Condominium Assessment Liens
1. Specifies the association has a lien on a unit for any common expense assessment from
the time the assessment becomes due. (Sec. 1)
2. Clarifies the lien for common expense assessments may include:
a) reasonable charges or interest for late payment of those assessments, if authorized in
the declaration;
b) reasonable collection costs or fees incurred or applied by the association only; and
c) reasonable attorney fees and costs incurred but only as awarded by the court. (Sec. 1)
3. Restates the full amount of a common expense assessment that is payable in installments
is a lien from the time the first installment of the assessment becomes due. (Sec. 1)
4, Restates the common expense assessment lien is not subject to the homestead exemption.
(Sec. 1)
HB 2648
Initials PB Page 1 Commerce
Attachment a 7
10.
11.
12.
13.
14.
15.
16.
17.
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Clarifies the common expense assessment lien may be foreclosed only if the unit owner
has been and remains delinquent in the payment of common expense assessments. (Sec.
1)
Revises items that constitute a record notice and perfection of a lien. (Sec. 1)
Requires costs and reasonable attorney fees be included in a judgment or decree only if
ordered by the court. (Sec. 1)
Clarifies the order of payments received that are applied to a unit owner's account. (Sec.
1)
Replace assessments with common. expense assessments as appropriate. (Sec. 1)
Condominium Liens for Fees and Other Charges
Restates a condominium association that is owed fees, charges, late charges and monetary
penalties or interest charged does not have a lien against the debtor's unit for those
amounts and the unpaid amounts are not enforceable and collectable as common expense
assessments. (Sec. I, 2)
Restates that the association has a lien for fees, charges and late charges and for
monetary penalties or interest charged only after the entry of a judgment in a civil suit.
(See. 1, 2)
Restates the association's judgment lien for specified monies cannot be foreclosed and is
effective only on conveyance of any interest in the real property. (Sec. 1, 2)
Specifies an association's judgment lien for specified monies does not affect the priority of
mechanics’ or materialmen's liens or other liens for other assessment made by the
association. (Sec. 2)
Specifies liens for fees and other charges provisions does not prohibit actions to recover
sum with the creation of a lien. (Sec. 2)
Stipulates a judgment or decree may include costs and reasonable attorney fees for the
prevailing party. (Sec. 2)
Restates the order of received payments that are applied to a member's account. (Sec. 2)
Exempts timeshare plans or timeshare owners' associations from the requirements
relating to condominium liens. (Sec. 2)
Planned Communities Assessment Liens
Specifies the association has a lien on a property for any common expense assessment
from the time the assessment becomes due. (Sec. 3)
Clarifies the lien for common expense assessments may include:
a) reasonable charges or interest for late payment of those assessments, if authorized in
the declaration;
b) reasonable collection costs or fees incurred or applied by the association only; and
c) reasonable attorney fees and costs incurred but only as awarded by the court. (Sec. 3)
Restates the full amount of a common expense assessment that is payable in installments
is a lien from the time the first installment of the assessment becomes due. (Sec. 3)
HB 2648
Initials PB Page 2 Commerce
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23.
24,
25.
26.
27.
28.
29.
30,
31.
32,
33.
34
Ini
. Restates the common expense assessment lien is not subject to the homestead exemption.
(See. 3)
. Clarifies the common expense assessment lien may be foreclosed only if the owner has
been and remains delinquent in the payment of common expense assessments. (Sec. 3)
Revises items that constitute a record notice and perfection of a lien. (Sec. 3)
Requires costs and reasonable attorney fees be included in a judgment or decree only if
ordered by the court. (Sec. 3)
Clarifies the order of payments received that are applied to a member's account. (Sec. 3)
Replace assessments with common expense assessments as appropriate. (Sec. 3)
Planned Community Liens for Fees and Other Charges
Restates an association that is owed fees, charges, late charges and monetary penalties
or interest charged does not have a lien against the debtor's property for those amounts
and the unpaid amounts are not enforceable and collectable as common expense
assessments. (Sec. 3, 4)
Restates that the association has a lien for fees, charges and late charges and for
monetary penalties or interest charged only after the entry of a judgment in a civil suit.
(See. 8, 4)
Restates the association's judgment lien for specified monies cannot be foreclosed and is
effective only on conveyance of any interest in the real property. (Sec. 3, 4)
Specifies an association's judgment lien for specified monies does not affect the priority of
mechanics’ or materialmen's liens or other liens for other assessment made by the
association. (Sec. 4)
Specifies liens for fees and other charges provisions does not prohibit actions to recover
sum with the creation of a lien. (Sec. 4)
Stipulates a judgment or decree may include costs and reasonable attorney fees for the
prevailing party. (ec. 4)
Restates the order of received payments that are applied to a unit owner's account. (Sec.
4)
Miscellaneous
. Makes technical and clarifying changes. (Sec. 1, 3)
HB 2648
tials PB Page 3 Commerce
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2648
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PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2648
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 33-1256, Arizona Revised Statutes, is amended to
read:
33-1256. Lien for common expense assessments: priority:
mechanics’ and materialmen's liens: notice:
applicability
A. The association has a lien on a unit for any COMMON EXPENSE
assessment levied against that unit from the time the assessment becomes
due. The association's lien for COMMON EXPENSE assessments;—~for MAY
INCLUDE REASONABLE charges OR INTEREST for late payment of those
assessments ONLY IF AUTHORIZED IN THE DECLARATION, for reasonable
collection COSTS OR fees INCURRED OR APPLIED BY THE ASSOCIATION ONLY, and
for THOSE reasonable attorney fees and costs incurred BUT ONLY AS AWARDED
BY THE COURT IN ANY ACTION with respect to those assessments. IF A COMMON
EXPENSE ASSESSMENT IS PAYABLE IN INSTALLMENTS, THE FULL AMOUNT OF THE
ASSESSMENT IS A LIEN FROM THE TIME THE FIRST INSTALLMENT OF THE ASSESSMENT
BECOMES DUE.
B. THE COMMON EXPENSE ASSESSMENT LIEN PRESCRIBED BY THIS SECTION IS
NOT SUBJECT TO THE HOMESTEAD EXEMPTION PRESCRIBED BY CHAPTER 8 OF THIS
TITLE AND may be foreclosed in the same manner as a mortgage on real estate
but may be foreclosed only if the UNIT owner has been AND REMAINS
delinquent in the payment of monres-secured py thetien,—excthiting
reasunabte-tuttecttonr fees, _teasoratte attorney fees—amd-ctrarges for tate
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House Amendments to H.B. 2648
payment—of-—amnd—costs incurred —wtth respect _to_those assessments, COMMON
EXPENSE ASSESSMENTS for a period of one year or in the amount of $1,200 or
more, whichever occurs first, as determined on the date the action is
filed. ; ; ;
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effecttyve-onty—on-conveyanceof-any—tterest—in tte reat property. Fees 7
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House Amendments to H.B. 2648
.. haan i] a. Fon 2. el, reel £. be i. 4 L.
GSSOUU TA LIU SP Pen TOP MOM res UCT CITATT TUT as SESSMIETTUS, UT -CHhaTyes” TUT
4 Cd 4 val Loa 33. 1 c. a
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ASSESSMETIUS” May IOC DE FUreciTUseuU aa TS ETrreccive UNty OT -CUNVEYadHte Ut
any interest nr the reatproperty.
B> C. A lien for COMMON EXPENSE assessments>—for—charges—tortate
payment——of—thuse—assessments;—_for—_teasourabte—cottectton—tees—and— Fo
3 ' f . 4 -—4 +4
assessments under this section is prior to all other liens, interests and
encumbrances on a unit except:
1. Liens and encumbrances recorded before the recordation of the
declaration.
2. A recorded first mortgage on the unit, a seller's interest in a
first contract for sale pursuant to chapter 6, article 3 of this title on
the unit recorded prtor-to BEFORE the lien arising pursuant to subsection A
of this section or a recorded first deed of trust on the unit.
3. Liens for real estate taxes and other governmental assessments or
charges against the unit.
€> D. Subsection 8 C of this section does not affect the priority
of mechanics’ or materialmen's liens or the priority of JUDGMENT liens for
other assessments made by the association. ‘Fre~trenmomter—thtssecttorts
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thts-tttte;
f- E. Untess the declaration otherwise provides, if two or more
associations have liens for COMMON EXPENSE assessments created at any time
on the same real estate, those liens have equal priority.
&> F. Recording wf the declaration constitutes record notice and
perfection of the lien for COMMON EXPENSE assessments;— AND for charges for
late payment of those assessments>—for—reasorabte cotbecttror fees and tot
reasonabte—attorney— fees —amtcosts— incurred with _tespett to those
assessments. Further recordation of any claim of lien for COMMON EXPENSE
assessments under this section is not required.
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House Amendments to H.B. 2648
fr G. A lien for unpaid COMMON EXPENSE assessments is extinguished
unless proceedings to enforce the lien are instituted within six years
after the full amount of the assessments becomes due.
@- H. This section does not prohibit:
1. Actions to recover sums for which subsection A of this section
creates a lien.
2. An association from taking a deed in lieu of foreclosure.
H> I. A judgment or decree in any action brought under this section
statt+ MAY include costs and reasonable attorney fees for the prevailing
party ONLY IF ORDERED BY THE COURT.
tr J. The association on written request shall furnish to a
lienholder, escrow agent, unit owner or person designated by a unit owner a
statement setting forth the amount of ANY unpaid assessments ASSESSMENT
LIENS PRESCRIBED BY SUBSECTION A OF THIS SECTION against the unit. The
statement shall be furnished within ten CALENDAR days after receipt of the
request. amd The statement is binding on the association;—~the—board-cf
directors—and-every—untt—owner if the statement is requested by an escrow
agency that is licensed pursuant to title 6, chapter 7. Failure to provide
the statement to the escrow agent within the time provided for in this
subsection extinguishes any lien for any unpaid assessment then due.
ad: kK. Notwithstanding any provision in the condominium documents or
in any contract between the association and a management company OR ANY
OTHER AGENT OF THE ASSOCIATION, INCLUDING ANY AGREEMENT OR CONTRACT WITH
ANY ATTORNEY, unless the unit owner directs otherwise, all payments
received on a unit owner’s account shall be applied first to any unpaid
DELINQUENT COMMON EXPENSE assessments, UNPAID CURRENT BUT NONDELINQUENT
COMMON EXPENSE ASSESSMENTS, unpaid charges OR INTEREST for late payment of
those assessments, unpaid reasonable collection COSTS OR fees and unpaid
COURT-ORDERED attorney fees and costs incurred with respect to those
assessments, in that order, with any remaining amounts applied next to
other unpaid fees, charges and monetary penalties or interest and late
charges on any of those amounts.
-4-
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we FM CO OO ON DD OHO FP WO MY FF DB Hb DOD NH DH S&S WO MH KK &D
House Amendments to H.B. 2648
Kr LL. For a delinquent account for unpaid COMMON EXPENSE
assessments or for charges related to unpaid COMMON EXPENSE assessments,
the association shall provide the following written notice to the unit
owner at the unit owner's address as provided to the association at least
thirty days before authorizing an attorney, or a collection agency that is
not acting as the association's managing agent, to begin collection
activity on behalf of the association:
Your account is delinquent. If you do not bring your account
current or make arrangements that are approved by the
association to bring your account current within thirty days
after the date of this notice, your account will be turned over
for further collection proceedings. Such collection
proceedings could include bringing a foreclosure action against
your property.
The notice shall be in boldfaced type or all capital letters and shall
include the contact information for the person that the unit owner may
contact to discuss payment. The notice shall be sent by certified mail,
return receipt requested, and may be included within other correspondence
sent to the unit owner regarding the unit owner's delinquent account.
tr MM. Begimming-denuary—t_ 20246, Except for condominiums that have
fewer than fifty units and that do not contract with a third party to
perform management services on behalf of the association, the association
shall provide a statement of account in lieu of a periodic payment book to
the unit owner with the same frequency that assessments are provided for in
the declaration. The statement of account shall include the current
account balance due and the immediately preceding ledger history. If the
association offers the statement of account by electronic means, a unit
owner may opt to receive the statement electronically. The association may
stop providing any further statements of account to a unit owner if
collection activity begins by an attorney, or a collection agency that is
not acting as the association's managing agent, regarding that unit owner's
unpaid account. After collection activity begins, a unit owner may request
-5-
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Fe Oo 0 DO SS DBD OT FSF W YO FH ODO HO CO ™~ DBD HN HBR WW MH YF OO
House Amendments to H.B. 2648
statements of account by written request to the attorney or collection
agency. Any request by a unit owner for a statement of account after
collection activity begins by an attorney or a collection agency that is
not acting as the association's managing agent must be fulfilled by the
attorney or the collection agency responsible for the collection. The
statement of account provided by the attorney or collection agency
responsible for the collection shall include al] amounts claimed to be
owing to resolve the delinquency through the date set forth in the
statementy—inchrtting—attorney—fees—ami—tousts;regardtess—of—mrettirer—suctt
amowunrtsthave _been-reduced-tojudgnent ,
t> N. An agent for the association may collect on behalf of the
association directly from a unit owner the assessments and other amounts
owed by cash or check, by mailed or hand-delivered bank drafts, checks,
cashier's checks or money orders, by credit, charge or debit card or by
other electronic means. For any form of payment other than for cash or for
mailed or hand-delivered bank drafts, checks, cashier's checks or money
orders, the agent may charge a convenience fee to the unit owner that is
approximately the amount charged to the agent by a third-party service
provider.
tr 0. This section does not apply to timeshare plans” or
associations that are subject to chapter 20 of this title.
Sec. 2. Title 33, chapter 9, article 3, Arizona Revised Statutes, is
amended by adding section 33-1256.01, to read:
33-1256.01. Fees, charges, late charges, monetary penalties
and interest; judgment lien only: exception
A. NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS AND
EXCEPT FOR CHARGES FOR LATE PAYMENT OF COMMON EXPENSE ASSESSMENTS AS
PRESCRIBED BY SECTION 33-1256, A CONDOMINIUM ASSOCIATION THAT IS OWED FEES,
CHARGES, LATE CHARGES AND MONETARY PENALTIES OR INTEREST CHARGED PURSUANT
TO SECTION 33-1242, SUBSECTION A, PARAGRAPHS 10, 11 AND 12 DOES NOT HAVE A
LIEN AGAINST THE DEBTOR'S UNIT FOR THOSE AMOUNTS AND THE UNPAID AMOUNTS ARE
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WD W WB PM PMR PR MR MP PR PM MR MY DR FH RP Re Be ee Pe Be eS
no HF Oo Oo ODO NN DO FF WO DY FP DOD YY oO NSN ODO OF WYO NY KF GS
House Amendments to H.B. 2648
NOT ENFORCEABLE AND COLLECTABLE AS COMMON EXPENSE ASSESSMENTS PURSUANT TO
SECTION 33-1256.
B. THE ASSOCIATION HAS A LIEN FOR FEES, CHARGES AND LATE CHARGES,
OTHER THAN CHARGES FOR LATE PAYMENT OF COMMON EXPENSE ASSESSMENTS, AND FOR
MONETARY PENALTIES OR INTEREST CHARGED PURSUANT TO SECTION 33-1242,
SUBSECTION A, PARAGRAPHS 10, 11 AND 12 ONLY AFTER THE ENTRY OF A JUDGMENT
IN A CIVIL SUIT FOR THOSE FEES, CHARGES, LATE CHARGES, MONETARY PENALTIES
OR INTEREST FROM A COURT OF COMPETENT JURISDICTION AND THE RECORDING OF
THAT JUDGMENT IN THE OFFICE OF THE COUNTY RECORDER AS OTHERWISE PROVIDED BY
LAW. THE ASSOCIATION'S JUDGMENT LIEN FOR MONIES PRESCRIBED BY THIS
SUBSECTION MAY NOT BE FORECLOSED AND IS EFFECTIVE ONLY ON CONVEYANCE OF ANY
INTEREST IN THE REAL PROPERTY.
C. SUBSECTION B OF THIS SECTION DOES NOT AFFECT THE PRIORITY OF
MECHANICS’ OR MATERIALMEN'S LIENS OR THE PRIORITY OF LIENS FOR OTHER
ASSESSMENTS MADE BY THE ASSOCIATION.
D. THIS SECTION DOES NOT PROHIBIT ACTIONS TO RECOVER SUMS FOR WHICH
SUBSECTION B OF THIS SECTION CREATES A LIEN.
—E. A JUDGMENT OR DECREE IN ANY ACTION BROUGHT UNDER THIS SECTION MAY
INCLUDE COSTS AND REASONABLE ATTORNEY FEES FOR THE PREVAILING PARTY ONLY IF
ORDERED BY THE COURT.
F. NOTWITHSTANDING ANY PROVISION IN THE CONDOMINIUM DOCUMENTS OR IN
ANY CONTRACT BETWEEN THE ASSOCIATION AND A MANAGEMENT COMPANY OR ANY OTHER
AGENT OF THE ASSOCIATION, INCLUDING ANY AGREEMENT OR CONTRACT WITH ANY
ATTORNEY, UNLESS THE UNIT OWNER DIRECTS OTHERWISE, ALL PAYMENTS RECEIVED ON
A UNIT OWNER'S ACCOUNT SHALL BE APPLIED FIRST TO ANY UNPAID DELINQUENT
COMMON EXPENSE ASSESSMENTS, UNPAID CURRENT BUT NONDELINQUENT COMMON EXPENSE
ASSESSMENTS, UNPAID CHARGES OR INTEREST FOR LATE PAYMENT OF THOSE
ASSESSMENTS, UNPAID REASONABLE COLLECTION COSTS OR FEES AND UNPAID
COURT-ORDERED ATTORNEY FEES AND COSTS INCURRED WITH RESPECT TO THOSE
ASSESSMENTS, IN THAT ORDER, WITH ANY REMAINING AMOUNTS APPLIED NEXT TO
OTHER UNPAID FEES, CHARGES AND MONETARY PENALTIES OR INTEREST AND LATE
CHARGES ON ANY OF THOSE AMOUNTS.
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nyo KF CO OO ON DT Be WY BW FP OD YO DNs DT FP WO NY KF OD
House Amendments to H.B. 2648
G. THIS SECTION DOES NOT APPLY TO TIMESHARE PLANS OR ASSOCIATIONS
THAT ARE SUBJECT TO CHAPTER 20 OF THIS TITLE.
Sec. 3. Section 33-1807, Arizona Revised Statutes, is amended to
read:
33-1807, Lien for common expense assessments: priority:
mechanics' and materialmen's liens: notice
A. The association has a lien on a wrt PROPERTY for any COMMON
EXPENSE assessment levied against that wurmt PROPERTY from the time the
assessment becomes due. The association's lien for COMMON EXPENSE
assessments;——for MAY INCLUDE REASONABLE charges OR INTEREST for late
payment of those assessments ONLY IF AUTHORIZED IN THE DECLARATION, for
reasonable collection COSTS OR fees INCURRED OR APPLIED BY THE ASSOCIATION
ONLY, and for THOSE reasonable attorney fees and costs incurred BUT ONLY AS
AWARDED BY THE COURT IN ANY ACTION with respect to those assessments. IF A
COMMON EXPENSE ASSESSMENT IS PAYABLE IN INSTALLMENTS, THE FULL AMOUNT OF
THE ASSESSMENT IS A LIEN FROM THE TIME THE FIRST INSTALLMENT OF THE
ASSESSMENT BECOMES DUE.
B. THE COMMON EXPENSE ASSESSMENT LIEN PRESCRIBED BY THIS SECTION IS
NOT SUBJECT TO THE HOMESTEAD EXEMPTION PRESCRIBED BY CHAPTER 8 OF THIS
TITLE AND may be foreclosed in the same manner as a mortgage on real estate
but may be foreclosed only if the owner has been AND REMAINS delinquent in
the payment of montes—secured-by—the—ttren,—exctiding reasurapte cuttectton
Fd Lo jut fal 4 3 Fal —s 4 Fol 1 de
TEES, TEGSUNADTES Atecorrrey Tees ahd Uratyes Ir rate Pa yieTre Ui alld CYUSts
treurredwith-respectto_thuse-assessmentts; COMMON EXPENSE ASSESSMENTS for
a period of one year or in the amount of $1,200 or more, whichever occurs
first, as determined on the date the action is filed. fees;—tharges>tete
abe. os 4 _. 4. é. 4, Lenaatt
Cirarges, WOT lary penatttes aitG MTCE Test ctarged PUPSUGEEL te VEUCEUT
fawn Lenk, ray 4 L~ | 4, 4. va tho ‘s
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TIT IMS Ca TIMeresS , Cire “FUT E anounit of tiie assessment Ts” a Flem ror tite t Whe
heel. coms re MH ee oe Os 8 he Fon duh hate 3 4. 4 .. nat i.
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House Amendments to H.B. 2648
< ae . F Ls
of—assessments>—mnonetary penatttes or interest—chrarget pursianrt to_sect ton
fete 4 . 6 oy as ssa wos 4 6
33-1863 after—tthe—entry—of—a—podonrent— 11a CTV Tt sat Tor tise Tees;
rT 4 bee 1 en > a oes 2. oie. 4 ral = oa
charges, _tatectraryes; more tary penrattres —or—imverest— Tron a Toure OF
4 de “ * psy ys ad’, na oo . a eet, 4 cot c
competent—jurtsdtettonr—amd the recording of tirat—juugnent— Tm tie UT TT ce ot
elnwl. he 4 bre cI Ly in nb s. 4s, L Maat
thre—counrty—recorder—as~otterwtse provided by tan. Treas socrattor Ss TTem
f . Pz 4 f ' ¢ \ c aan
for mrorrres—otter—ttar—for—assessnents,_tor—_ctrarges tor tate payment oF
bead, 4. ral [oe | o ee 45. L. 4 Fal [ i 3
those—assessments,—_for—reasonraptre—cottectton— Tees anu Tur Teas onagore
heen Lf. al. hoe 2. 4. ae oe he by dnt. 4 he
attorney fees and costs Tnicur red wrtir Tes pect tu tnose assessments Mary Mot
£ £. 4. 1. 3. 2. foul al ent 1. Lc 2. 4 ‘= atl.
pe—forectosed and Ts ef Fecttve onrry OT CONVEY GNICE OF SITY TNT ETES CTI CE
reat—property-—
Br C. A Tien for COMMON EXPENSE assessments>—for—charges—for tate
be £. Sat en £ 4.9 43 fe £. -} ¢
Payrreire UT CHUTE GSVES SMES , GUT PUeadsvuldvi'’ UCUTFECULIU FES aiid FUT
reasonabpte attorney —fees—and—tusts incurred with —Tespectt to those
assessments under this section is prior to all other liens, interests and
encumbrances on a untt PROPERTY except:
1. Liens and encumbrances recorded before the recordation of the
declaration.
2. A recorded first mortgage on the wrtt PROPERTY, a _ seller's
interest in a first contract for sale pursuant to chapter 6, article 3 of
this title on the untt PROPERTY recorded prvor—to BEFORE the lien arising
pursuant to subsection A of this section or a recorded first deed of trust
on the untt PROPERTY.
3. Liens for real estate taxes and other governmental assessments or
charges against the umtt PROPERTY.
€> D. Subsection 8 C of this section does not affect the priority
of mechanics’ or materialmen's liens or the priority of JUDGMENT liens for
other assessments made by the association. re—ttrercunder—titssettiorts
r
+ ht 2 dete tment 4
not—subyect to ttapter-é of trrs ttt
3
!
c.
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House Amendments to H.B. 2648
fb; E. Unless the declaration otherwise provides, if two or more
associations have liens for COMMON EXPENSE assessments created at any time
on the same real estate those liens have equal priority.
fr F. Recording of the declaration constitutes record notice and
perfection of the lien for COMMON EXPENSE assessments>;— AND for charges for
Tate payment of THOSE assessments>—for—reasonabte tottection fees~amdttor
reasunabte——attormey fees —_amt—_tosts—_trearredwttir—_Tespett—to-—those
assessments, Further recordation of any claim of lien for COMMON EXPENSE
assessments under this section is not required.
fr G. A dlien for an unpaid COMMON EXPENSE assessment is
extinguished unless proceedings to enforce the lien are instituted within
six years after the full amount of the assessment becomes due.
Gv oH. This section does not prohibit:
1. Actions to recover amounts for which subsection A of this section
creates a lien,
2. An association from taking a deed in lieu of foreclosure.
Hr I. A judgment or decree in any action brought under this section
stat? MAY include costs and reasonable attorney fees for the prevailing
party ONLY IF ORDERED BY THE COURT.
t- J. On written request, the association shall furnish to a
lienholder, escrow agent, wrtt—owrer MEMBER or person designated by a writ
ower MEMBER a statement setting forth the amount of any unpaid assessment
LIENS PRESCRIBED BY SUBSECTION A OF THIS SECTION against the wntt
PROPERTY. The association shall furnish the statement within ten CALENDAR
days after receipt of the request. emt The statement is binding on the
association>—the-board-ofthrectors~and—every—untt—omrer if the statement
is requested by an escrow agency that is licensed pursuant to title 6,
chapter 7. Failure to provide the statement to the escrow agent within the
time provided for in this subsection extinguishes any lien for any unpaid
assessment then due.
-10-
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Ww BW PR PR PM MR MR MR MH MMO MOU UR Rr I sr ER St
re Oo OBO ON DH TO F&F W YS FF DTD HY CO 4 DBD oO fF WwW YH KF OS
House Amendments to H.B. 2648
dr kK. Notwithstanding any provision in the community documents or
in any contract between the association and a management company OR ANY
OTHER AGENT OF THE ASSOCIATION, INCLUDING ANY AGREEMENT OR CONTRACT WITH
ANY ATTORNEY, unless the member directs otherwise, al] payments received on
a member's account shall be applied first to any unpaid DELINQUENT COMMON
EXPENSE assessments, UNPAID CURRENT BUT NONDELINQUENT COMMON EXPENSE
ASSESSMENTS, unpaid charges OR INTEREST for late payment of those
assessments, unpaid reasonable collection COSTS OR fees and unpaid
COURT-ORDERED attorney fees and costs incurred with respect to those
assessments, in that order, with any remaining amounts applied next to
other unpaid fees, charges and monetary penalties or interest and late
charges on any of those amounts.
rv L. For a delinquent account for unpaid COMMON EXPENSE
assessments or for charges related to unpaid COMMON EXPENSE assessments,
the association shall provide the following written notice to the member at
the member's address as provided to the association at least thirty days
before authorizing an attorney, or a collection agency that is not acting
as the association’s managing agent, to begin collection activity on behalf
of the association:
Your account is delinquent. If you do not bring your account
current or make arrangements that are approved by the
association to bring your account current within thirty days
after the date of this notice, your account will be turned over
for further collection proceedings. Such collection
proceedings could include bringing a foreclosure action against
your property.
The notice shall be in boldfaced type or all capital letters and shall
include the contact information for the person that the member may contact
to discuss payment. The notice shall be sent by certified mail, return
receipt requested, and may be included within other correspondence sent to
the member regarding the member's delinquent account.
~jl-
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eo KF Oo ODO Oo 4 DBD OT FP WO MH KH TD HO DO ~S DB oN FP WwW MY YF O&|
House Amendments to H.B. 2648
tM.) Begmmring—danary—t 27026, «Except for planned communities
that have fewer than fifty lots and that do not contract with a third party
to perform management services on behalf of the association, the
association shall provide a statement of account in lieu of a periodic
payment book to the member with the same frequency that assessments are
provided for in the declaration. The statement of account shall include
the current account balance due and the immediately preceding ledger
history. If the association offers the statement of account by electronic
means, a member may opt to receive the statement electronically. The
association may stop providing any further statements of account to a
member if collection activity begins by an attorney, or a collection agency
that is not acting as the association’s managing agent, regarding that
member's unpaid account. After collection activity begins, a member may
request statements of account by written request to the attorney or
collection agency. Any request by a member for a statement of account
after collection activity begins by an attorney or a collection agency that
is not acting as the association's managing agent must be fulfilled by the
attorney or the collection agency responsible for the collection. The
statement of account provided by the attorney or collection agency
responsible for the collection shal] include ail amounts claimed to be
owing to resolve the delinquency through the date set forth in the
statement>—tretuding—attorney—fees~and costs, _regardtess of whettrer—such
amounts tave been reduced tojudyment .
tt; N. An agent for the association may collect on behalf of the
association directly from a member the assessments and other amounts owed
by cash or check, by mailed or hand-delivered bank drafts, checks,
cashier's checks or money orders, by credit, charge or debit card or by
other electronic means. For any form of payment other than for cash or for
mailed or hand-delivered bank drafts, checks, cashier's checks or money
orders, the agent may charge a convenience fee to the member that is
approximately the amount charged to the agent by a third-party service
provider.
-12-
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Po F Oo YO DBD NN DTD Oo &® WO TS KF DOD Ob Oo SS DTD oO fF WO YS KF OC
House Amendments to H.B. 2648
Sec. 4, Title 33, chapter 16, article 1, Arizona Revised Statutes,
is amended by adding section 33-1807.01, to read:
33-1807.01. Fees, charges, late charges, monetary penalties
and_ interest: judgment lien only; exception
A. NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS AND
EXCEPT FOR CHARGES FOR LATE PAYMENT OF COMMON EXPENSE ASSESSMENTS AS
PRESCRIBED BY SECTION 33-1803, AN ASSOCIATION THAT IS OWED FEES, CHARGES,
LATE CHARGES AND MONETARY PENALTIES OR INTEREST CHARGED PURSUANT TO SECTION
33-1803 DOES NOT HAVE A LIEN AGAINST THE DEBTOR'S PROPERTY FOR THOSE
AMOUNTS AND THE UNPAID AMOUNTS ARE NOT ENFORCEABLE AND COLLECTABLE AS
COMMON EXPENSE ASSESSMENTS PURSUANT TO SECTION 33-1807.
B. THE ASSOCIATION HAS A LIEN FOR FEES, CHARGES AND LATE CHARGES,
OTHER THAN CHARGES FOR LATE PAYMENT OF COMMON EXPENSE ASSESSMENTS, AND FOR
MONETARY PENALTIES OR INTEREST CHARGED PURSUANT TO SECTION 33-1803 ONLY
AFTER THE ENTRY OF A JUDGMENT IN A CIVIL SUIT FOR THOSE FEES, CHARGES, LATE
CHARGES, MONETARY PENALTIES OR INTEREST FROM A COURT OF COMPETENT
JURISDICTION AND THE RECORDING OF THAT JUDGMENT IN THE OFFICE OF THE COUNTY
RECORDER AS OTHERWISE PROVIDED BY LAW. THE ASSOCIATION'S JUDGMENT LIEN FOR
MONTES PRESCRIBED BY THIS SUBSECTION MAY NOT BE FORECLOSED AND IS EFFECTIVE
ONLY ON CONVEYANCE OF ANY INTEREST IN THE REAL PROPERTY.
C. SUBSECTION B OF THIS SECTION DOES NOT AFFECT THE PRIORITY OF
MECHANICS' OR MATERIALMEN'S LIENS OR THE PRIORITY OF JUDGEMENT LIENS FOR
OTHER ASSESSMENTS MADE BY THE ASSOCIATION.
D. THIS SECTION DOES NOT PROHIBIT ACTIONS TO RECOVER SUMS FOR WHICH
SUBSECTION B OF THIS SECTION CREATES A LIEN.
E, A JUDGMENT OR DECREE IN ANY ACTION BROUGHT UNDER THIS SECTION MAY
INCLUDE COSTS AND REASONABLE ATTORNEY FEES FOR THE PREVAILING PARTY ONLY IF
ORDERED BY THE COURT.
F. NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS OR IN
ANY CONTRACT BETWEEN THE ASSOCIATION AND A MANAGEMENT COMPANY OR ANY OTHER
AGENT OF THE ASSOCIATION, INCLUDING ANY AGREEMENT OR CONTRACT WITH ANY
ATTORNEY, UNLESS THE MEMBER DIRECTS OTHERWISE, ALL PAYMENTS RECEIVED ON A
-13-
moe Oo NI DD oO F&F WO DMP KF
House
Amend
Amendments to H.B. 2648
MEMBER'S ACCOUNT SHALL BE APPLIED FIRST TO ANY UNPAID DELINQUENT COMMON
EXPENSE ASSESSMENTS, UNPAID CURRENT BUT NONDELINQUENT COMMON EXPENSE
ASSESSMENTS, UNPAID CHARGES OR INTEREST FOR LATE PAYMENT OF THOSE
ASSESSMENTS, UNPAID REASONABLE COLLECTION COSTS OR FEES AND UNPAID
COURT-ORDERED ATTORNEY FEES AND COSTS INCURRED WITH RESPECT TO THOSE
ASSESSMENTS, IN THAT ORDER, WITH ANY REMAINING AMOUNTS APPLIED NEXT TO
OTHER UNPAID FEES, CHARGES AND MONETARY PENALTIES OR INTEREST AND LATE
CHARGES ON ANY OF THOSE AMOUNTS."
title to conform
NEAL CARTER
2648CARTER. docx
02/09/2024
L):15
C: MR
PM
-14-
Attachment Ae
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2648
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2648
(Reference to the proposed Carter s/e amendment dated 2/09/24; 11:15 p.m.)
1 Page 2, line 20, after the period strike remainder of line
2 Strike lines 21 through 32
3 Page 3, strike lines 1 through 5
4 Page 13, line 22, strike "JUDGEMENT" insert "JUDGMENT"
5 Amend title to conform
NEAL CARTER
2648CARTER2. docx
02/12/2024
11:04 AM
C: MR
é
Attachment dal
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2648
DATE February 13, 2024 MOTION: { ) PA/ SA
PASS AYE NAY PRESENT | ABSENT
Aguilar
Austin
Carter
Gress
Heap
By | Sg el lS
Hendrix
Liguori 4
Ortiz
Carbone, Vice-Chairman
Wilmeth, Chairman
Q | eo)
Aitvon Haphor
/COMMITTEE SECRETARY
i SNS
APPROVED;
WILMETH, Chairman
L CARBONE, Vice-Chairman
ATTACHMENT. JO __
For Legal Professionals >(https://Ip.findlaw.com/)
, ' Pinas Legal Learn Laws and
incl aw Leeper oe omeraetindlawccom) Forms &v About ¥ Court —_(https://caselaw.findlaw.com/) Blogs(https://\
§ SLi Ct: Services the Decisions He Ab Y "9
{https://www. findlaw.com/) Law
FINDLAW (HTTPS:/LPFINOLAW.COM/) / CASELAW (HTTPS:/CASELAWFINDLAW.COM/) / ARIZONA (HTTPS://CASELAW.FINDLAW.COM/COURTS/ARIZONA) /
AZ CT. APP. (HTTPS://CASELAW.FINDLAW.COM/COURT/AZ-COURT-OF-APPEALS) / CYPRESS ON SUNLAND HOMEOWNERS ASSOCIATION V. ORLANDINI I)
CYPRESS ON SUNLAND HOMEOWNERS ASSOCIATION v.
ORLANDINI II (2011)
Court of Appeals of Arizona,Division 1, Department B.
CYPRESS ON SUNLAND HOMEOWNERS ASSOCIATION, a non-profit corporation; Scott Jacoby, an
individual, Plaintiffs—Appellees, v. James V. ORLANDINi, i; First Aiieérican Title insurance Company, a
California corporation, Intervenors—Appellants.
Cypress on Sunland Homeowners Association, Plaintiff-Appellee, v. James V. Orlandini, Il; First
American Title Insurance Company, a California corporation, Intervenors—Appellants.
Nos. 1 CA-CV 10-0142, 1 CA-CV 10-0235.
Decided: May 19, 2011
Gust Rosenfeld P.L.C. by Scott A. Malm, Phoenix, Attorneys for Appellants. Shaw & Lines, LLC by Mark E. Lines,
Phoenix, Attorneys for Scott Jacoby. Maxwell & Morgan, PC by Charles E. Maxwell, Brian W. Morgan, Paul R. Neil,
Mesa, Attorneys for Cypress on Sunland Homeowners’ Association.
OPINION
41 James V. Orlandini, ll and First American Title Insurance Company (collectively “Intervenors”) appeal from the trial
court's orders consolidating cases, denying a notice of change of judge, reinstating a default judgment on foreclosure, ;
and awarding attorneys’ fees and costs to Cypress on Sunjand Homeowners’ Association ("HOA"). We affirm the ,
court's orders consolidating cases and denying a notice of change of judge. Wereverse the court's order reinstating
the default judgment on forectostre becaiise th
We also reverse the award of attorneys’ fees and costs to the HOA
and remand the matter to the trial court for further proceedings.
PROCEDURAL BACKGROUND
4 2 These appeals involve separate but related superior court actions regarding the same real property: CV2007-
090828 (the “lien foreclosure action") and CV2008-021749 (the “quiet title action’). The issues on appeal arise from
the consolidation of those actions and orders entered thereafter in favor of Cypress on Sunland Homeowners’
Association and Scott Jacoby (collectively “Appellees’).
The Lien Foreclosure Action
43 Derrick Spearman owned real property in Phoenix (“the property") subject to a Declaration of Covenants,
Conditions, Restrictions & Easements (“CC & Rs”) of the HOA recorded in January 2003. On June 2, 2006, American
Lending Corporation (“ALC”) loaned $190,400 to Spearman, as evidenced by a note, and secured by a deed of trust on
the property recorded on June 8, 2006 in Maricopa County records at Document No. 2006-778589 (first deed of trust).
On the same day, ALC loaned $23,900 to Spearman, as evidenced by a note and secured by a second deed of trust on
the property and also recorded on June 8, 2006. First American Title Insurance Co. (“First American") issued a
lender's title insurance policy to ALC and its assignees insuring the first deed of trust. The first deed of trust was
Attachment Psi
assigned to Alliance Bancorp on June 6, 2006 by an unrecorded assignment. It was then assigned to HSBC Bank,
USA, as trustee for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006—ARS, (“the Bank") on June 12, 2006.
This later assignment was recorded on November 10, 2008.
44 Spearman failed to pay assessments due the HOA. Pursuant to the CC & Rs, the unpaid amount was secured by
an assessment lien on the property. In anticipation of filing a lien foreclosure action, the HOA, through its attorneys,
Maxwell & Morgan, PC., obtained a litigation guarantee showing ALC’s June 8, 2006 first and second deeds of trust.
it also showed that on February 9, 2007, the HOA had recorded a jud
a 9
Vee re “ogee gai
pearman in the eameunt of
45S On April 9, 2007, the HOA filed a lien foreclosure action against Spearman and ALC pursuant to Arizona Revised
Statutes (A.R.S.") section 33-1807(A)(2007). The complaint alleged that ALC had two deeds of trust on the property;
it did not state that one of them was a first deed of trust, nor did it cite A.R.S. § 33-1807(B)(2), regarding the priority
of a first deed of trust over an assessment lien. The complaint further alleged that under the CC & Rs, the HOA had a
“lien upon the Property which was perfected upon recordation of the CC & Rs” and that the defendants’ liens upon the
property were “subordinate and inferior to the righis and jien of the [HOAj.” it soughi judgment in the principal sum of
$2,436.28, plus prejudgment interest; costs and attorneys’ fees pursuant to A.R.S. § 33-1807(H); a declaration that
the assessment lien was “a superior and priority lien on the Property”; and an order foreclosing “the interests of the
Defendants, and all persons claiming under them . except such rights of redemption as they may have by law.”
46 ALC was served but, having previously assigned the first deed of trust, did not answer. After an ex parte hearing
on June 4, 2007, at which only the HOA's lawyer was present, Commissioner M. Scott McCoy entered a default
judgment on foreclosure in favor of the HOA and against Spearman and ALC and ils unknown heirs and devisees.
The judgment, which was prepared by Maxwell & Morgan, awarded the HOA the principal sum due, together with
prejudgment interest, costs and attorneys’ fees, declared the assessment lien a “valid first lien,” foreclosed all other
liens held by defendants and “all persons claiming under any of them,” and ordered a sale to satisfy the debt. The
judgment did not reflect that the HOA purported to foreclose on the first deed of trust. On July 26, 2007, Robert
Draper purchased the property at a sheriff's sale for $5,599. The appraised value of the property on that date was
$190,000.
47 On October 9, 2007, the successor trustee of the Bank noticed a trustee's sale to foreclose on the first deed of
trust. The notice stated that Wells Fargo Home Improvement (“Wells Fargo”) was the servicing agent for the Bank.
After the successor trustee became aware of the HOA's judgment on foreclosure, on January 2, 2008, the attorney for
the Bank/Wells Fargo wrote Brian Morgan of Morgan & Maxwell advising him that Wells Fargo had a first deed of trust
on the property securing a loan in the principal amount of $190,400, and recorded June B, 2006 at document number
20060778589. Acknowledging that the default judgment had foreclosed the second deed of trust, he asked Morgan
‘ to confirm in writing that the first deed of trust had priority over the assessment lien, that it had not been extinguished
2\by the judgment, and that any wording in the judgment suggesting otherwise “was nothing more than a clerical error.”
Although later claiming that he was “deceived” by the letter, Warren Nikolaus of Maxwell & Morgan responded. He
stated that the HOA “ asserted no lien priority over the first mortgage held by your client in our past foreclosure lawsuit
upon the property” and that “individuals who buy such properties at sheriff's sales are also aware that they are bidding
and taking properties subject to the first mortgage only." )
48 On March 15, 2008, Draper sold the property by warranty deed to his friend, Scott Jacoby, for $110,000. Jacoby
was aware of the pending trustee's sale and the Bank's position that it held a first lien. The Bank obtained a trustee's
deed upon sale on May 22, 2008, and on September 26, 2008, sold the property to James V. Orlandini for $80,550.
Ihe Quiet title Action
49 On September 22, 2008, a few days before Orlandini purchased the property, Jacoby filed a complaint to quiet title
to the property pursuantto A.R.S. § 12-1101(2003). He named the Bank as a defendant and claimed that its interest
in the property had been foreclosed as a result of the judgment on foreclosure. After he Bank answered the
complaint, Jacoby filed a motion for judgment on the pleadings and/or summary judgment.
410 In March 2009, Orlandini became aware of the quiet title action. Orlandini and First American filed a motion to
intervene and submitted a proposed answer and a counterclaim, In their counterclaim, they sought declaratory relief
to set aside the default judgment entered in the foreclosure action, as well as the subsequent sheriff's sale, pursuant
to Atizona Rule of Civil Procedure 60(c)(4) and (6),2 or alternatively, restitution based on unjust enrichment. Jacoby
stipulated only to Orlandini's joinder as a real party in interest, but objected to intervention on any other ground.
411 Judge Edward 0. Burke granted the motion to intervene, and the Intervenors filed their answer and counterclaim.
The court granted the Bank's motion to dismiss because it no longer had an interest in the property. Jacoby then filed
a motion to dismiss the Interveners' counterclaim alleging (1) failure to join necessary parties; (2) that the claims were
IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
LAVEEN MEADOWS
HOMEOWNERS’ ASSOCIATION, 1 CA-CV 18-0276
INC., an Arizona nonprofit
corporation,
Plaintiff/ Appellee,
VS.
al.,
CARLOS MEJIA, a married man, as
his sole and separate property; et od, in
'
Defendant/Appellant. | Fi GSE. aS
Maricopa County Superior Court
No. CV2016-094391
Ds 4
DEFENDANT/APPELLANT’S
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PHILS O
DESSAULES LAW GROUP
5353 North 16" Street, Suite 110
Phoenix, Arizona 85016
(602) - 274- 5400
Jonathan A. Dessaules, Bar #019439
Davie i. Wood, ‘Bar # 021403
Jacob A. ‘Kubert, ‘Bar # 027445
Attorneys for Appellant Carlos Mejia L )
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01 /02:2020 4:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CV 2018-007526 12/31/2019
CLERK OF THE COURT
HONORABLE DAVID W. GARBARINO L.. Brown
Deputy
CAMBRIDGE FSTATES HOMEOWNERS SEAN CANNON
ASSOCIATION
v.
DUNG TUL TA Lh _ JONATHAN A DESSAULES
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/ — EF, MINUTE ENTRY
Sale. ans HAP 28
Ailer having held an evidentiary hearing on October [X, 2019, and having received
proposed findings of fact and conclusions of law subsequently submitted by (he parties, the
Court enters the folowing findings of fact and conclusions of law with respect to Defendant's
request that the Court set aside the default judgment! catered in this matter.
FINDINGS OF PACT
The request to set aside entry of default judgment was not made ina motion styled as
such. Instead, Defendant Duny Thi Ta asked the Court to set aside the default pudyment in
Defendant's Response to Plaintitfs Notice of Errata, in response to which, Plainuff filed a Reply
in Support of Notice of Errata, and Defendant filed an “Authorized Sur-Reply.”
Docket Code 926 Form Vugua Page |
qn
CARPENTER HAZLEWOOD
Carpanior, Hazlewoad, Delgado & Botan, LLP
ATTORNEYS AT LAW
PHOENIX Lydia A. Peirce Linsmeler, Esq.
1400 East begat Avonue, Suite 400 Licansed In Arizona
Tempo AO 202-5604 a-mail: lydia@carpenterhazlewood.com
direct: 480-427-2886
rors
September 6, 2018
Rancho Madera Condominium Association
c/o Trestle Management Group, LLC
450 N. Dobson Road, Suite 201
Mesa, Arizona 85201
Re: General Representation
Dear Board of Directors:
We wish to take this opportunity to thank you for having selected our firm to
represent you in the above-referenced matters. This letter describes the terms of our
representation to ensure complete understanding and agreement. Our representation of your
Association wili primarily invoive general representation, bui may also include providing
other services regarding matters referred to the firm from time to time by the Association
through its management agent, President or any member of the Board of Directors. These
services may include collections, Our current standard collection Fee Schedule is attached,
as well as information on alternative collection plans and other programs.
The firm incurs various costs and expenses in performing legal services under our
agreement with you. The expenses the firm incurs on your behalf will be itemized in our
invoices. Costs and expenses, without limitation, may include process servers’ fees, fees fixed
by law or assessed by courts and other agencies, court reporters’ fees, long distance telephone
calls, messenger and other delivery fees, postage, parking and other local travel expenses,
photocopying and other reproduction costs, charges for computer time and other similar items,
Our firm sends monthly invoices to you. Payment is due no later than thirty days after
the date the invoices are mailed. Due to the lag time between the receipt by our firm of any
bills for outside services, supplies and other costs and the preparation of your invoice, it may
not contain charges for all costs incurred during the billing period for that statement. Ifa
statement is not paid within 30 days after the date of the invoice, the firm reserves the right to”
charge interest at the rate of ten percent (10%) per annum. Further, you agree that our firm
will have the option, upon nonpayment, of withdrawing from further representation of you
regardless of the status of any matter in the event of nonpayment, in accordance with the
Arizona Rules of Professional Conduct. If the firm employs outside counsel, all fees and costs
ALBUQUERQUE + PHOENIX » PRESCOTT: SALTLAKE CITY + GANTAFE +: TUCGON
CARPENTERHAZLEWOOD.COM
NATIONWIDE T 600-743-9324 + F 800-743-0494
CARPENTER, HAZLEWOOD, DELGADO & BOLEN, LLP
RNCHOMAD.000!
Rancho Madera Condominium Associatlon
September 6, 2048
Page 2
incurred prior to litigation related to nonpayment are the obligation of the client. In the event
of litigation, the prevailing patty is entitled to recover its reasonable attorneys’ fees and costs
incurred.
The fees that the firm charges to its clients are established in accordance with the
criteria for reasonableness specified in the Arizona Rules of Professional Conduct which
includes the time and labor required for tasks performed, the difficulty, novelty, or complexity
of the problem presented, the skill required to perform the tasks in a professional manner, the
time constraints imposed by the client or the nature of the matter, and the nature of the results
obtained for the client.
We would appreciate your acknowledgment of your acceptance of this agreement by
signing the letter. However, the effective date of this fee agreement will be retroactive to the
date the firm first performed services for you. Even if this written agreement does not take
effect, you are obligated to pay the firm the reasonable value of any services that the firm has
performed for you.
Although this letter is rather formal, we believe that a complete understanding of ovr
business relationship is beneficial, We appreciate this opportunity to be of assistance and look
forward to working with you. Please return this original and keep a copy for your files.
If you have any questions, please call.
DpeeZ
J ot Rawr eee,
C 4 din cif
A Jang ‘Péirce Linsmeier, Esq.
for
CARPENTER, HAZLEWOOD, DELGADO & BOLEN, LLP
I/we have read aud understood the foregoing terms as set forth in this letter and agree to them
as of the date Carpenter, Hazlewood, Delgado & Bolen, LLP first provided services.
Rancho Madera Condominium Association
Signature: Ya da Kev?
Forthe Rancho Madera Board of Directors
Title: Community Manager
ee ee eee
CARPENTER, HAZLEWOOD, DELGADO & BOLEN, LLP
RNCHOMAD.000)
Reuncho Madera Condominium Association
September 6, 2018
Page 3
We have opened a new file to handle matters for Rancho Madera Condominium
Association. Please send our office a set of copies of all the applicable documents:
I. CC&R’s and amendments
2. Articles of Incorporation
3. Bylaws
4, Rules & Regulations
5, Architectural Guidelines/Rules
Fae ret rere eat ane
TAN Pe RIMe DRE epee mer re etter es ee
Scott Carpentar | Scott@carpenterhazlawood.com
480-427-2800
1400 East Southern Avenue, Suite 400
Tempe, Arizona 65282
HOURLY RATES
$245-E395/hour
$295-$325/hour
$200/hour
£185/hour
$75/hour
Pariner Attorney Time
Associate Attorney Tine
Law Clerk Tinie
Paralegal Tine
Special Projects/Seacrotarial fine
LITIGATION AND ENFORCEMENT
$250
Hourly
$175
No Charge
Standard Enforcement Dermand Lettar
Non-Standard Enforcement Demand Letlar
Record and Ralaaso Notica of Vietation!
Compliance Follow Ups, Regutar Status
Reports, & Online Reports
Hourly Enforcement titigation
COLLECTION PROGRAMS
HOMEOWNER PAYS COLLECTION PLAN®
¢ No up-front expense is ever required, even if the nwner
fails to pay.
* Demand letter, personal money judgment lavesuit, default
judgment, and garnishment services are included.
° firm advances the costs and adds its contingent flat fees
on top of the ledger balance.
> Payments aro applied to costs that the Firm advanced
first. Bace the Firm has been reimbursed its advanced
costs, payments are split on a $0/50 basis (betwoon the
HOA & tho Firm) until the Firm's fees ara paid.
SMALL CLAIMS JUDGMENT COLLECTION PLAN?
* Gatnishments, letters, calls included.
> HOA js billad for out of pockat costs.
* Lugollees contingent on collection.
+ Payment split 60/50 until firm's feas paid,
Thersattor all paymonts goto the HOA.
ASSESSMENT COLLECTION FEE FOR SERVICE?“
® Clignt maintains full control
* The firm raust bo paid regardless of the outeome
“S59 tog igry sgrueiora lor dounts, avabeble upsaregieage
“Sah fort sectea se eddy, Sve Uhh! Upon ea
"Bers wot inskats Poctry Macertg Peas
Crore rabic chess seg fea, peteasrr cals
Revitad M/E?
FLAT FEE GENERAL COUNSEL PACKAGES
FHA CERTIFICATION
$500
3500
FA Certification Review
FIA Certification Application
RESALE ASSESSMENT AMENDMENT
$400
£400
Opinion Lotter
Amendment
UTILITY RESTRICTION PACKAGE
$475
$300
Document Review & Opinion
Plus Notices, Resolution, etc.
POLICIES & RESOLUTIONS
$925
$375
$500
Insurance Deductible, Maintenance
& Leaks Resalutlon
Resords Ratention Policy & Resalution
Articles af Incorporation?
RULES & REGULATIONS
$096
$750
$395
$350
New Set of Ruies
{Including cither Fine/Enforcement
oi Collection Policy}
Existing Rules Review & Revision
Fine/Enforcement Policy
Collection Policy
- CARDERTERNAZL EWODD.COM
hl
CARPENTER HAZLEWOOD
Cerponter, tlecleviood, Oetgada & 8aléa,lLtP
Bs TORMEYS AE LAW f.
2018 HOMEOWNER PAYS COLLECTION PLAN
FEE SCHEDULE
Javior Delgado Jason Millor Jason Smith
Javier@carponterhazlewood.com Jason.Miller@corpenterhazlewood.com Jason. Smith@carponterhazlewood.com
480-427-2800 928-443-0775 520-744-9480
1400 East Southern Avenue, Suite 400 1550 Plaza West Drive 333 North Wilmot Drive, Suite 180
Tempo, Arizona 85282
Proascott, Arizona 86303
Tucson, Atizona 85711
HOMEOWNER PAYS ASSOCIATION ASSESSMENT COLLECTIONS
JUSTICE COURT LAWSUITS
COLLECTION LETTERS
$155
$135
$135
$250
$130
$160
$50
neludes Continuous
Proporty Record Search for Deeds, Transfers,
Trustoe’s Sales
No Charge Verification of Debt Letter (Ono)
Second Demand Lotter
Payment Agreement Dofault Letter Hourly
Non-Standard Letters
Payoll or Balance Due Letter
Standard Payment Agreoment: Letter & Monitoring
Bad Check / NSF Letters
Preforeclosure Demand
Initial Ownership Verification
OTHER NON-LITIGATION COLLECTION SERVICES
$40
$40
$40
$35
$45
$20
$210
SAS
Obtain and Review Credit Report
Ovner/Deblor Report (Background Check)
In-House Employment Search
Owner Bankruptcy Check
Referral to Investigator/Verification of Employment
Trusteo’s Sale Monitoring (Pending Sales) -
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Hourty Communication by Phone or Other Means
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Motion for Alternate Service
Application for Default
Motion for Default Judgment
Voluntary Dismissal/Closo File
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Stipulation to Judgment and Covenant Not to Execute
Hourly Other Services
Lawsuit Analysis
Application for Payment Agroement
POST-JUDGMENT COLLECTION SERVICES
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Post-Judqment Demand Letter
Transfer of Judgment to Superior Court
Process/Record Superior Court Judgment Hourly
Applications for Post-Judyment Fees & Costs
Hourly Garnishment Hearings
Judgment Debtor Examination Documents Hourly
Hearings and Depositions
Satisfaction of Judgment
Judgment Renewal
Notice of Recorded Judgment
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Chapter ? Initial Letter
Notice of Appearance & Monitor — Chapter 7
Proof of Claim and Notice of Appearance &
Monitor-Chepter 11/13
Post Petition Demand Letter
Post Dismissal/Dischargo Letter
Objection to Chapter 13 Plan Hourly Hearings
and Complex Mattors
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Javier@carponterhazlewood.com
480-427-2800
1400 East Southarn Avonue, Suite 400
Tempe, Arizona 85282
COLLECTION LETTERS
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Property Record Search for Deeds, Transfers,
Trustee's Sales
Initial Ownership Verification
No Charge Verification of Debt Letter (One)
Second Demand Letter
Payment Agreement Default Letter Hourly
Non-Standard Lottors
Payoff or Balance Due Letter
Standard Payment Agreement: Letter & Monitoring
Praforeclosure Demand
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Notice of Lien!
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(If we recorded the Notice of Lien)
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Obtain and Review Credit Report
Owner/Debtor Report {Background Check)
In-House Employmont Search
Owner Bankruptcy Check
Obtain Current copy of Deed (No File)
Referral to Investigator/Verification of Employment
Trustee's Sale Monitoring (Pending Sales) ~
Per Inquiry Hourly Communication by Phone
or Other Means with Debtors/Defondants
or Counsel
No Charge Online Status Reports
$20 Active Military Duty Screening
$45 Limited Title Report Reviow
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Notice of Appearance & Monitor — Chapter 7
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Hourly Hearings and Complex Matters
Proof of Claim — Chapter 7
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JUSTICE COURT LAWSUITS “
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Summons & Complaint
Motion for Alternate Sorvice ee
Application for feta t
Motion for Default Judgment
Voluntary Dismissal/Close File
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Stipulated Dismissal/Close File Hourly Other Services
Application for Paymant Agrasment
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Process/Record Superior Court Judgment
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Hourly Garnishment Hearings
Judgment Debtor Examinatian Documents
Hourly Hearings and Depositions
Satisfaction of Judgment
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Notice of Recorded Judgment
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2861: condominiums; terminations
Sponsor: Representative Schwiebert, LD 2
Committee on Commerce
Overview
Amends condominium statutes relating to condominium termination.
History
A condominium may be terminated only by an agreement containing the requisite number of
votes of unit owners. A termination agreement may provide that all the common elements
and units of the condominium must be sold following termination. The association may
contract for the sale of real estate in the condominium. Proceeds of the sale are distributed
to unit owners and lienholders as their interests may appear, in proportion to the respective
interests of unit owners. The respective interests of unit owners are the fair market values
of their units, limited common elements and common element interests immediately before
the termination, their pro rata share of any monies in the association's reserve fund and the
operating account and an additional five percent of that total amount for relocation costs
(A.R.S. § 33-1228).
Provisions
1. Clarifies the respective interest of unit owners are their pro rata share of monies in the
reserve fund and the operating account immediately before the termination. (Sec. 1)
2. Specifies only units that are owner-occupied receive the additional 5% of the total amount
for relocation costs as part of their respective interests. (Sec. 1)
8. Increases the amount of relocation costs as part of their respective interests from 5% to
10%. (ee. 1)
4, Adds that the relocation costs amount includes all closing costs of the sales transaction,
including costs for title insurance if requested by the unit owner. (Sec. 1)
5. Outlines the requirements and methods for appraising a unit to determine the fair
market value. (Sec. 1)
6. Adds that the appraisal requirements and methods is at the unit owner's option, and the
buyer must pay for the appraisal. (Sec. 1)
7. Stipulates the fair market value must be determined without such requirements and
methods if the unit owner chooses not to use an appraisal, (Sec. 1)
8. Prohibits the fair market value from being reduced by any special assessments, capital
improvement fees or other charges imposed by the association during the two-year period
immediately preceding the termination. (Sec. 1)
[] Prop 106 (45 votes) 1 Prop 108 (40 votes) © Emergency (40 votes) ( Fiscal Note
HB 2861
Initials PB Page 1 Commerce
Attachment 3 a
9. Stipulates the unit owner may submit issues to arbitration if the owner and the buyer do
not agree on the fair market value of the unit. (Sec. 1)
10. Removes language relating to the association selecting an independent appraiser to
determine the fair market value of a unit and the unit owner obtaining a second appraisal.
(Sec. 1)
11. Requires the written notice of a pending sale to include the following:
a) a statement notifying the purchaser that the condominium may be terminated by a
vote of eighty percent or more of the owners of the units in the condominium and ifa
sufficient number of units are acquired by a potential buyer for the entire property,
the unit owners may be required to sell their units; and
b) a statement that the condominium is governed by recorded covenants, conditions and
restrictions that regulate the use of the property. (Sec. 2)
12. Instructs the association's board of directors to provide an annual notice to unit owners
that includes:
a) a statement that the condominium may be terminated by a vote of eighty percent or
more of the owners of the units in the condominium and if a sufficient number of units
are acquired by a potential buyer for the entire property, the unit owners may be
required to sell their units; and
b) a statement that provides the total number of units in the condominium, the number
of units owned by each unit owner and the name of each unit owner. (Sec. 3)
18. Contains a Legislative intent clause. (Sec. 4)
14. Applies the Acts requirements retroactively to all condominiums regardless of when the
condominium was established. (Sec. 5)
HB 2861
Initials PB Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2861
DATE February 13, 2024 MOTION: D p
PASS AYE NAY PRESENT | ABSENT
Aguilar J
Austin JV
Carter of
Gress PA
Heap V
Hendrix vA
Liguori WA
Ortiz VA
Carbone, Vice-Chairman wf
Wilmeth, Chairman wv
}o | O O O
Brod Lum LU phos J
APPROVED; COMMITTEE SECRETARY
WILMETH, Chairman
MIC L CARBONE, Vice-Chairman
ATTACHMENT. 5
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 27384: affordable housing; parking requirements; prohibition
S/E: public hearings; voting
Sponsor: Representative Ortiz, LD 24
Committee on Commerce
Summary of the Strike-Everything Amendment to HB 27384
Overview
Limits public hearings on any zoning ordinance to two hearings and changes the voting
threshold required to enact a protested zoning ordinance amendment.
History
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and
promote the public health, safety and general welfare and outlines zoning guidelines and
requirements. Municipalities must adopt, by ordinance, a citizen review process that applies
to all rezoning and specific plan applications that require a public hearing (A.R.S. § 9-462.03).
If a municipality has a planning commission or a hearing officer, the commission or officer
must hold a public hearing on any zoning ordinance. After the hearing, the commission or
office renders a written recommendation to the governing body of the municipality. The
governing body may adopt the recommendations without holding a second public hearing
provided there is no objection, request for public hearing or other protest.
If 20% or more of the owners of the property within the zoning area of the affected property
file a written protest against a proposed amendment, the change can only become effective
by a favorable vote of three-fourths of all members of the governing body. If any members of
the governing body are unable to vote on such a question, then the required number of votes
for passage of the question is three-fourths of the remaining membership of the governing
body, provided that such required number of votes cannot be less than a majority of the full
membership of the legally established governing body (A.R.S. § 9-462.04).
Provisions
1. Limits public hearings on zoning ordinance to two hearings. (Sec 1)
2. Lowers the number of votes required to enact a proposed zoning amendment that is
protested by certain property owners from three-fourths of all members to a majority of
all members of a governing body of a municipality. (Sec 1)
3. Changes the deadline to file a protest against a proposed amendment from no later than
12:00 noon one business day before the voting date to no later than 12:00 noon three
business days before the voting date. (Sec. 1)
4, Makes technical changes. (Sec 1)
OO Prop 105 (45 votes) CX) Prop 108 (40 votes) 0 Emergency (40 votes) O Fiscal Note
HB 2734
Initials PB Page 1 Commerce
Attachment 5}
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON
Commerce
BILL NO. HB 2734
DATE February 13, 2024
MOTION: _
FLED
PASS
AYE
NAY PRESENT | ABSENT
Aguilar
Austin
S| Se
Carter
Gress
Heap
Hendrix
ha\<
Liguori
Ortiz
oN
Carbone, Vice-Chairman
4
Wilmeth, Chairman
~
APPROVED: (4 — Fe Fe Highs
| YL
JUST METH, Chairman
MICHAEL CARBONE, Vice-Chairman
f
5 OC
7 COMMITTEE SECRETARY
~ ~-
LG
ATTACHMENT as)
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2252: professional employer organization; repeal
Sponsor: Representative Wilmeth, LD 2
Committee on Commerce
Overview
Repeals statutes relating to the registration of Professional Employer Organizations (PEO).
History
According to the National Association of Professional Employer Organizations, a PEO
provides payroll, benefits, regulatory compliance assistance and other HR services to
companies. Any person who is engaged in the business of providing professional employer
services whether or not the person uses the term professional employer organization, staff
leasing company, registered staff leasing company, employee leasing company or any other
name is statutorily designated as a PEO. Statute requires PEOs to register with the
Secretary of State (SOS). PEOs must maintain either: 1) a minimum net worth of at least
$100,000; or 2) a bond, an irrevocable letter of credit or securities that have a minimum
market value of $100,000. The bond must be held by a depository designated by the SOS
(Title 23, Chapter 8, Art. 4, A.R.S.).
Laws 2023, Chapter 144, extended the delayed implementation of statutes relating to
Professional Employer Organization registration until June 30, 2024.
Provisions
1. Removes the requirement for a PEO to register with the SOS. (Sec. 2)
2. Changes the required bond to be held in an insured depository institution, rather than by
a depository designated by the SOS. (Sec. 3)
3. Repeals statutes relating to:
a) the registration of PEOs;
b) types of PEO registrations;
c) criminal acts and penalties for PEOS and clients of PEOs;
d) SOS authority to collect registration fees, adopt rules and penalties for PEO
violations; and
e) the PEO Fund. Gee. 2, 5)
4, Makes technical changes. (Sec. 1, 3, 4)
O1 Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) © Fiscal Note
HB 2252
Initials PB Page 1 Commerce
Attachment 3G
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HB 2252
DATE February 13, 2024 MOTION: | ) P
PASS AYE NAY PRESENT | ABSENT
Aguilar V4
Austin 4
Carter of
Gress ri
Heap V
Hendrix W
Liguori Vv
Ortiz Vv
Carbone, Vice-Chairman J
Wilmeth, Chairman WA
APPROVE COMMITTEE SECRETARW
TIN WILMETH, Chairman
AAEL CARBONE, Vice-Chairman
ATTACHMENT. <2°7
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2734: affordable housing; parking requirements; prohibition
S/E: public hearings; voting
Sponsor: Representative Ortiz, LD 24
Committee on Commerce
Summary of the Strike-Everything Amendment to HB 2734
Overview
Limits public hearings on any zoning ordinance to two hearings and changes the voting
threshold required to enact a protested zoning ordinance amendment.
History
Statute authorizes municipalities to adopt zoning ordinances and codes to conserve and
promote the public health, safety and general welfare and outlines zoning guidelines and
requirements, Municipalities must adopt, by ordinance, a citizen review process that applies
to all rezoning and specific plan applications that require a public hearing (A.R.S. § 9-462.03).
Ifa municipality has a planning commission or a hearing officer, the commission or officer
must hold a public hearing on any zoning ordinance. After the hearing, the commission or
office renders a written recommendation to the governing body of the municipality. The
governing body may adopt the recommendations without holding a second public hearing
provided there is no objection, request for public hearing or other protest.
If 20% or more of the owners of the property within the zoning area of the affected property
file a written protest against a proposed amendment, the change can only become effective
by a favorable vote of three-fourths of all members of the governing body. If any members of
the governing body are unable to vote on such a question, then the required number of votes
for passage of the question is three-fourths of the remaining membership of the governing
body, provided that such required number of votes cannot be less than a majority of the full
membership of the legally established governing body (A.R.S. § 9-462.04).
Provisions
1, Limits public hearings on zoning ordinance to two hearings. (Sec 1)
2. Lowers the number of votes required to enact a proposed zoning amendment that is
protested by certain property owners from three-fourths of all members to a majority of
all members of a governing body of a municipality. (Sec 1)
3. Changes the deadline to file a protest against a proposed amendment from no later than
12:00 noon one business day before the voting date to no later than 12:00 noon three
business days before the voling date. (Sec. 1)
4, Makes technical changes. (Scc 1)
CO Prop 105 (45 votes) CL] Prop 108 (40 votes) C] Emergency (40 votes) Fiscal Note
HB 2734
Initials PB Page 1 Commerce
Attachment 38
wo ONIN DD TO Fe WO MP KF
MS MP MH MP PO FRB Bee Re ee ee ee
FP Ww hyerF OG Ob ON DO BR WH DMB KF CO
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2734
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2734
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 9-462.04, Arizona Revised Statutes, is amended
to read:
9-462.04. Public hearing required: definition
A. If the municipality has a planning commission or a_ hearing
officer, the planning commission or hearing officer shall hold a public
hearing on any zoning ordinance. PUBLIC HEARING ON ANY ZONING ORDINANCE
SHALL BE LIMITED TO NOT MORE THAN TWO HEARINGS. Notice of the time and
place of the hearing, including a general explanation of the matter to be
considered and tmetudhrg a general description of the area affected, shall
be given at least fifteen days before the hearing in the following manner:
1. The notice shall be published at least once in a newspaper of
general circulation published or circulated in the municipality, or if
there is none, it shall be posted on the affected property in such a
manner as to be legible from the public right-of-way and in at least ten
public places in the municipality. A posted notice shall be printed so
that the following are visible from a distance of one hundred feet: the
word "zoning", the present zoning district classification, the proposed
zoning district classification and the date and time of the hearing.
2. In proceedings involving rezoning of land that abuts other
municipalities or unincorporated areas of the county or a combination of a
municipality and an unincorporated area, copies of the notice of public
hearing shall be transmitted to the planning agency of the governmental
unit abutting such land. In proceedings involving rezoning of land that
Attachment Bc q
Oo Oo NN DD OO FF WD PO Fe
DO WD PMR MR MR MR PM PR MR MR PM PR ae et ep
FP Oo DOD ONY DD TO Re WD YH FPF DOD BO DOD ns TD OH fF WH DH fF OC
House Amendments to H.B. 2734
is located within the territory in the vicinity of a military airport or
ancillary military facility as defined in section 28-8461, the
municipality shall send copies of the notice of public hearing by first
class mail to the military airport. In addition to notice by publication,
a municipality may give notice of the hearing in any other manner that the
municipality deems necessary or desirable.
3. In proceedings that are not initiated by the property owner
involving rezoning of land that may change the zoning classification,
notice by first class mail shall be sent to each real property owner, as
shown on the last assessment of the property, of the area to be rezoned
and all property owners, as shown on the last assessment of the property,
within three hundred feet of the property to be rezoned.
4. In proceedings involving one or more of the following proposed
changes or related series of changes in the standards governing land uses,
notice shall be provided in the manner prescribed by paragraph 5 of this
subsection:
(a) A ten percent or more increase or decrease in the number of
square feet or units that may be developed.
(b) A ten percent or more increase or reduction in the allowable
height of buildings.
(c) An increase or reduction in the allowable number of stories of
buildings.
(d) A ten percent or more increase or decrease in setback or open
space requirements.
(e) An increase or reduction in permitted uses.
5. In proceedings governed by paragraph 4 of this subsection, the
municipality shail provide notice to real property owners pursuant to at
least one of the following notification procedures:
(a) Notice shall be sent by first class mail to each real property
owner, as shown on the last assessment, whose real property is directly
governed by the changes.
Oo Oo ~*~ DD OO F&F WO YO
WO W WD MR AZ AD MRM PR PA BD PR PO DR rr i ep
yo KF Oo Oo OO SY OD OH SF WD HS KF CO YD DBD 4 DBD NM FP WH WH K& OC
House Amendments to H.B. 2734
(b) If the municipality issues utility bills or other mass mailings
that periodically include notices or other informational or advertising
materials, the municipality shall include notice of the changes with such
utility bills or other mailings.
(c) The municipality shall publish the changes before the first
hearing on such changes in a newspaper of general circulation in the
municipality. The changes shall be published in a "display ad" covering
not tess than one-eighth of a full page.
6. If notice is provided pursuant to paragraph 5, subdivision (b)
or (c) of this subsection, the municipality shall also send notice by
first class mail to persons who register their names and addresses with
the municipality as being interested in receiving such notice. The
municipality may charge a fee not to exceed $5 per year for providing this
service and may adopt procedures to implement this paragraph.
7. Notwithstanding the notice requirements in paragraph 4 of this
subsection, the failure of any person or entity to receive notice does not
constitute grounds for any court to invalidate the actions of a
municipality for which the notice was given.
B. If the matter to be considered applies to territory in a high
noise or accident potential zone as defined in section 28-8461, the notice
prescribed in subsection A of this section shall include a general
statement that the matter applies to property located in the high noise or
accident potential zone.
C. After the hearing, the planning commission or hearing officer
shall render a decision in the form of a written recommendation to the
governing body. The recommendation shall include the reasons for the
recommendation and be transmitted to the governing body in the form and
manner prescribed by the governing body.
D. If the planning commission or hearing officer has held a public
hearing, the governing body may adopt the recommendations of the planning
commission or hearing officer without holding a second public hearing if
there is no objection, request for public hearing or other protest. The
-3-
mo Oo SS DD oO Be WH NH eH
PR PR RM PR PR PD MDD ik et oe
on DTD TO FF WY HMO KF OD HH ODO HD TO B&B WwW WH YY OO
House Amendments to H.B. 2734
governing body shall hold a public hearing if requested by the party
aggrieved or any member of the public or of the governing body, or, in any
case, if a public hearing has not been held by the planning commission or
hearing officer. The governing body may consider the testimony of any
party aggrieved when making its decision. In municipalities with
territory in the vicinity of a military airport or ancillary military
facility as defined in section 28-8461, the governing body shall hold a
public hearing if, after notice is transmitted to the military airport
pursuant to subsection A of this section and before the public hearing,
the military airport provides comments or analysis concerning the
compatibility of the proposed rezoning with the high noise or accident
potential generated by military airport or ancillary military facility
operations that may have an adverse impact on public health and safety,
and the governing body shall consider and analyze the comments or analysis
before making a final determination, Notice of the time and place of the
hearing shall be given in the time and manner provided for tte giving of
notice of the hearing by the planning commission as specified in
subsection A of this section. A municipality may give additional notice
of the hearing in any other manner as the municipality deems necessary or
desirable. For the purposes of this subsection, “party aggrieved" means
any property owner within the notification area prescribed by subsection
A, paragraph 3 of this section.
—E. A municipality may enact an ordinance authorizing county zoning
to continue in effect until municipal zoning is applied to land previously
zoned by the county and annexed by the municipality, but not longer than
six months after the annexation.
F. A municipality is not required to adopt a general plan before
the adoption of a zoning ordinance.
oOo CO nN DTD oO FSP WO MT fF
WD BW BM PRO MR PR PR PM MR PD PM DR mw Re Rp es a ps
Fe Oo OD ON DBD TO F&F WH DY KF OO Yb CO ~ DBD MO BP WH TF FY OC
House Amendments to H.B. 2734
G. If there is no planning commission or hearing officer, the
governing body of the municipality shall perform the functions assigned to
the planning commission or hearing officer.
H. If the owners of twenty percent or more of the property by area
and number of lots, tracts and condominium units within the zoning area of
the affected property file a protest in writing against a proposed
amendment, the change shall not become effective except by the favorable
vote of three-fourtirs A MAJORITY of all members of the governing body of
the municipality. If any members of the governing body are unable to vote
on such a question because of a conflict of interest, then the required
number of votes for passage of the question shall be three-fourths A
MAJORITY of the remaining membership of the governing body>—provirded—that
such —required—tmumber of votes stratto not —_te_tess—_ttranr ana gorrty of tire
fottnembershtp—of—the—_tegatty—_estatttsted—goveriring_tordy . For the
purposes of this subsection, the vote shall be rounded to the nearest
whole number. A protest filed pursuant to this subsection shall be signed
by the property owners opposing the proposed amendment and filed in the
office of the clerk of the municipality not later than 12:00 noon one
THREE business tay DAYS before the date on which the governing body will
vote on the proposed amendment or on an earlier time and date established
by the governing body.
I. In applying an open space element or a growth element of a
general plan, a parcel of land shall not be rezoned for open space,
recreation, conservation or agriculture unless the owner of the Jand
consents to the rezoning in writing.
J. Notwithstanding section 19-142, subsection B, a decision by the
governing body involving rezoning of land that is not owned by the
municipality and that changes the zoning classification of such land may
not be enacted as an emergency measure and the change shall not be
effective for at least thirty days after final approval of the change in
classification by the governing body.
“SN DBD TO Se WH MH
House Amendments to H,B. 2734
K. For the purposes of this section, “zoning area" means both of
the following:
1. The area within one hundred fifty feet, including all
rights-of-way, of the affected property subject to the proposed amendment
or change.
2. The area of the proposed amendment or change."
Amend title to conform
ANALISE ORTIZ
27340RTIZ. docx
02/08/2024
03:31 PM
C: LAT
Fifty-sixth Legislature Commerce
Second Regular Session H.B. 2734
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2734
(Reference to the Ortiz s/e amendment dated 2/8/24; 3:31 p.m.)
Page 5, line 4, after “property” insert “, EXCLUDING GOVERNMENT OWNED PROPERTY,”
Line 8, strike “three-fourtirs A MAJORITY” insert “three-fourths”
Lines 11 after “be” strike remainder of line
Line 12 strike “MAJORITY” insert “three-fourths”; after “body” strike
remainder of line
Strike line 13
Line 14, strike “fattmemberstip—of—thetegatty—estabttsted-goverming—boty”
insert “, provided that such required number of votes shall not be less
oe ON DD TO FP WO DY Ff
than a majority of the full membership of the legally established governing
body”
Line 17, after “owners” insert “, EXCLUDING GOVERNMENT OWNED PROPERTY,”
Line 21, after “body” insert “, UNLESS THE MUNICIPALITY IS CLOSED BECAUSE OF A
STATE OR NATIONAL HOLIDAY, THEN THE PROTEST MUST BE FILLED BY 12:00 NOON
14 THE NEXT BUSINESS DAY”
FP FP FF BR
wo Mme FF O&O
15 Amend title to conform
MATT GRESS
2734GRESS .docx
02/12/2024
09:33 AM
H: PB/ra
Attachment 4O
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. __HB 2734
DA/SE
DATE February 13, 2024 moTION: OW BE Cons oe PAR
PASS AYE NAY PRESENT | ABSENT
Aguilar “
Austin J ;
Carter vv
Gress /
Heap V
Hendrix By
Liguori VA
Ortiz Vv.
Carbone, Vice-Chairman VA
Wilmeth, Chairman ed
Fo} | O ©
Autom Hye
APPROVED: - OMMITTEE SECRETARY
STIN WILMETH, Chairman
HAEL CARBONE, Vice-Chairman
ATTACHMENT. |
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature - Second Regular Session
ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. HOA TO
Dp
DATE B-13-f MOTION: ON®@ows DFPATION
PASS AYE NAY PRESENT | ABSENT
Aguilar ri
Austin JV
Carter v
Gress J
Heap J
Hendrix J
Ortiz J
LiG-Vonki J
Carbone, Vice-Chairman if ;
Wilmeth, Chairman v4
| +t] 0 | O
AvAtn. Huh
APPROV PAUITTEE SECRETAR}
/iGHBEL CARBONE, Voss Comm
Sacro aa Se Vice
Attachment YA
File and source
- File
- 2024-02-13_commerce-minutes.pdf
- Size
- 13,019,922 bytes
- SHA-256
- 1e26ffe899bbe2c09e946fca3efde00c024baf37349a966cf7170b11ec1804c8
- Our copy
- 2024-02-13_commerce-minutes.pdf
- Original
- www.azleg.gov