Arizona House of Representatives Committee on Commerce Meeting Minutes

Summary

Minutes of the regular meeting of the Committee on Commerce of the Arizona House of Representatives, Fifty-fifth Legislature, Second Regular Session, held Tuesday, March 1, 2022 and chaired by Jeff Weninger. The minutes record that the committee convened at 2:19 P.M., adjourned at 2:28 P.M., and gave SB1066, SB1257 and SB1276 a do-pass recommendation, each by a vote of 10-0-0-0. Attachments include the agenda, a request-to-speak report listing supporters of each bill, an attendance record, roll call votes and bill summaries. The summaries state that SB 1066 reduces the period a nonprofit must exist before conducting a raffle from five years to one year, SB 1276 continues the Arizona Department of Real Estate until July 1, 2030, and SB 1257 amends caregiver occupancy rules for long-term recreational vehicle rental spaces.

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-fifth Legislature - Second Regular Session

COMMITTEE ON COMMERCE

Report of Regular Meeting
Tuesday, March 1, 2022
House Hearing Room 3 -- 2:00 P.M.

Convened 2:19 P.M.
MINUTES RECEIVED
Recessed OHIEF CLERK'S OFFICE

Reconyened
Adjourned 2:28 P.M. 3-3-Z2¢e

Members Present Members Absent

Mr, Carter

Mr. Chavez

Mr. Cook

Mr. Espinoza

Mr. Kaiser

Mrs. Liguori

Mr, Meza

Mr, Wilmeth

Mr. Chaplik, Vice-Chairman
Mr. Weninger, Chairman

Agenda
Original Agenda — Attachment |

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action

Bill Action Vote Attachments
SB1066 DP 10-0-0-0 4,5

SB1257 DP 10-0-0-0 6,7

SB1276 DP 10-0-0-0 8,9 .

evoualleri Ouli —

Jacquelind\Penlinger, Committe¢ Secretary
March 3, 2022

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

COMMITTEE ON COMMERCE
March 1, 2022
convened 2.19 aan
ad OU Meg : 2".
J ie 223 om

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

REGULAR MEETING AGENDA

COMMITTEE ON COMMERCE

DATE Tuesday, March 1, 2022 ROOM HHR3 TIME = 2:00 P.M.

Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361 162879&event1D=202203 1003

Members:
Mr. Carter Mr. Kaiser Mr. Wilmeth
Mr. Chavez Mrs. Liguori Mr. Chaplik, Vice-Chairman
Mr. Cook Mr. Meza Mr. Weninger, Chairman
Mr. Espinoza
Bills Short Title Strike Everything Title

SB L066 D p raffles; nonprofits; length of existence

q) , (Shope: Jermaine)
©-9-0~O Com, RULES

*SBI257 “per long-term recreational vehicle parks; caregivers

\0-0-0-0 (Mesnard)

*SB1276 DE state real estate department; continuation
——_—— (Mesnard)

3) 10-9 -0-O
* If first read and assigned

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

DF
02/23/2022

People with disabilities may request reasonable accommodations such as interpreters, alternative formats, or
assistance with physical accessibility, If you require accommodations, please contact the Chief Clerk's Office at

(602) 926-3032 or through Arizona Relay Service 7-1-1.

Page 1 of 1

Attachment {
Information Registered on the Request to Speak System

House Commerce (3/1/2022)

§B1066, raffles: nonprofits; length of existence

Testified in support:
Brandy Petrone, ALLIANCE OF ARIZONA NONPROFITS

Support:

Penny Allee Taylor, representing self; Eric Emmert, Arizona Professional Towing And Recovery Association ; Steven
Hansen, representing self; janice sandoz, representing self; Linda Katzenstein, representing self; Rebekah Friend,
representing self; Terry Herndon, representing self; Lisa Blankenship, representing self; Jeff Blankenship,
representing self; Lee Ann Witt, representing self; Jennifer Reeve, representing self; Barb Harris, representing self;
Ellen Gross, representing self; Rebecca Coffman, representing self; Carisa Felerabend, representing self; Wendy
Jonessee, representing self; Shannon Whiteaker, ASIAN MEDICINE ACUPUNCTURISTS OF ARIZONA; Rob Fullmer,

ARIZONA CRAFT BREWERS GUILD

All Comments:

Steven Hansen, Self: Raffles are an effective way for a non profit to engage the community while generating
needed funds to support critical service programs.; Linda Katzenstein, Self: It is time to change this outmoded law
and permit not-for-profit organizations utilize raffles as a fundraising mechanism after they have been operating
for more than a year. They need funding and raffles are an inexpensive options.; Terry Herndon, Self: Nonprofits
can only survive with raffles. It is nearly impossible to keep a nonprofit alive without them.; Lisa Blankenship, Self: |
support this bill as non-profits should be able to conduct raffles just as any other organization and should not have
to wait 5 years in which to do so.; Rob Fullmer, ARIZONA CRAFT BREWERS GUILD: Nonprofit organizations are

struggling and this will provide lift.

SB1257, long-term recreational vehicle parks; caregivers

Testified in support:
John MacDonald, AZ ASSN MANUFACTURED HOME OWNERS

Support:

Harold Bergsma, representing self; Carisa Feierabend, representing self; Ron Brinkman, representing self; Wendy
Jonessee, representing self; Doug Stonerock, representing self

SB1276, state real estate department; continuation

Support:
Spencer Kamps, HOME BUILDERS ASSOCIATION OF CENTRAL AZ; Carisa Feierabend, representing self; Wendy

Jonessee, representing self; James Knupp, AZ DEPT OF REAL ESTATE

Attachment 2.
ARIZONA STATE LEGISLATURE
Fifty-fifth Legislature - Second Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON COMMERCE
CHAIRMAN: Jeff Weninger VICE-CHAIRMAN: _Joseph Chaplik
DATE 03/01/22 122 122 122 122
CONVENED 2.19 pm m m m m
RECESSED
RECONVENED
ADJOURNED 2. apm
MEMBERS
Carter i
Chavez Va
Cook —
Espinoza ~~
Kaiser WA
Liguori va
Meza va
Wilmeth Va
Chaplik, Vice-Chairman /
Weninger, Chairman Vv

Vv Present --- Absent exc Excused

Attachment 3

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature

Second Regular Session

Senate: COM DP 9-0-0-0 | 3°° Read DP 28-0-2-0

EEE Ee
SB 1066: raffles; nonprofits; length of existence
Sponsor: Senator Shope, LD 8
Committee on Commerce

Overview
Decreases the time period that a nonprofit organization must be in continuous existence prior to

conducting a raffle.

History
Pursuant to A.R.S. § 13-3302, a nonprofit organization may conduct a raffle subject to the

following restrictions: 1) the nonprofit organization maintains its status and no member, director,
officer, employee or agent of the organization may receive any direct or indirect pecuniary benefit,
except for being able to participate in the raffle on a basis equal to all other participants; 2) the
nonprofit organization has been in continuous existence in Arizona for a five-year period
immediately before conducting the raffle; and 3) only a bona fide local member of the sponsoring
organization may participate directly or indirectly in the management, sales or operation of the

raffle.

Provisions
1. Reduces the period of time that a nonprofit organization must continuously exist in Arizona

immediately before conducting a raffle from five years to one year. (Sec. 1)
2. Make technical changes. (Sec. 1)

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

SB 1066
Initials PRB/JL Page 1 Commerce

Attachment “| _

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

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. SB 1066
DATE March 04, 2022 MOTION: __ DP

PASS AYE NAY PRESENT | ABSENT
Carter a
Chavez 4 Z
Cook 4 “
Espinoza eo
Kaiser a
Liguori WA ) .
Meza wa
Wilmeth wae
Chaplik, Vice-Chairman wa
Weninger, Chairman 7

16 6 0

. on a _
Av Vy evel COMMITTEE SECRETAN

JEFF Ssh Chairman
JOSEPH CHAPLIK, Vice-Chairman

ATTACHMENT. 5

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature

Second Regular Session

Senate: COM DP 9-0-0-0 | 3° Read 27-1-2-0

2 gee ea
SB 1276: state real estate department; continuation
Sponsor: Senator Mesnard, LD 17
Committee on Commerce

Overview
Continues the Arizona Department of Reai Estate (ADRE) for eight years.

History
Arizona Department of Real Estate

ADRE was established in 1921 and administers real estate laws for the purpose of protecting the
public interest through licensure and regulation of the real estate profession in Arizona. ADRE
regulates and issues licenses for real estate and membership camping brokers and salespersons
and for cemeteries. ADRE oversees the activities of licensees, investigates complaints against
licensees and land developers, participates in administrative hearings and administers the
Homeowners Association Dispute Process. ADRE is directed by the Real Estate Commissioner,
who is appointed by the Governor (Title 32, Chapter 20, 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 certain sunset factors in determining whether to recommend continuing,
consolidating or terminating the agency (A.R.S § 41-2954).
On January 11, 2022, the House Commerce COR held a public hearing and recommended that

the Legislature continue ADRE for eight years. ADRE terminates on July 4, 2022, unless
continued by the Legislature (COR minutes; A.R.S. § 41-3022.05).

Provisions
1. Continues, retroactive to July 1, 2022, ADRE until July 1, 2030. (Sec. 1, 2, 4)

2, Repeals ADRE on January 1, 2031. (Sec. 2)
3. Contains a purpose statement. (Sec. 3)

1 Prop 105 (45 votes) 2 Prop 108 (40 votes) Emergency (40 votes) 1 Fiscal Note

SB 1276
Initials PRB/JL Page 1 Commerce

Attachment C
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature - Second Regular Session

ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. SB 1276
DATE March 01, 2022 MOTION: __ = ig
PASS AYE NAY PRESENT | ABSENT
Carter wo
Chavez Le
Cook Le
Espinoza va
Kaiser -
Liguori a
Meza i
Wilmeth a
Chaplik, Vice-Chairman wa
Weninger, Chairman we
iO | V | O 0
IN Jeo Ud Dud :
APPROVED: - COMMITTEE “en

“JEFF WENINGER, Chairman
JOSEPH CHAPLIK, Vice-Chairman

ATTACHMENT. fi
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature

Second Regular Session

Senate: COM DP 9-0-0-0 | 3rd Read DP 28-0-2-0

EE eee eee ee eee ee
SB 1257: long-term recreational vehicle parks; caregivers
Sponsor: Senator Mesnard, LD 17
Committee on Commerce

Overview
Modifies the authorization for residents of an RV rental space allowing occupancy of caregivers.

History
The Arizona Recreational Vehicle Long-Term Rental Space Act regulates and determines rights,

obligations and remedies for an RV space that is rented under a rental agreement in an RV or
mobile home park by the same tenant for more than 180 consecutive days (A.R.S. § 33-2101).

Current statute directs a landlord to adopt written rules concerning the use and occupancy of the
RV park premises by tenants. Further, statute permits a resident of an RV rental space to have
an adult occupy an RV on a temporary basis to provide live-in health care to the resident in
accordance with a physician's written treatment plan. The landlord may not charge a fee to the
person providing care, but may require the resident to provide a written renewal of the physician's
treatment plan every six months (A.R.S. § 33-2132).

Federal and state fair housing laws prohibit discrimination in rental agreements on the basis of
disability of the resident or anyone associated with the resident. Housing discrimination includes
refusal to permit reasonable accommodations of existing premises occupied by the person if the
modifications are necessary to afford the person full enjoyment of the premises (A.R.S. § 47-
1491.19; 42 U.S.C. § 3604),

Disability means a mental or physical impairment that substantially limits at least one major life
activity, a record of such an impairment or being regarded as having such an impairment (A.R.S.

§ 41-1491).

Provisions
4. Amends the caregiver occupancy permissions for an RV rental space to allow a disabled

resident to have one or more persons occupy the RV to provide live-in health care if the care
is necessary to afford the resident an equal opportunity to use and enjoy the dwelling. (Sec.

1)
Broadens the care provided to include personal care and supportive services. (Sec. 1)

3, Removes the restrictions that the person providing the care be at least 18 years of age and
occupy the RV on a temporary basis. (Sec. 1)

4. Removes language relating to a physician's written treatment plan. (Sec. 1)

5. Clarifies a person providing personal care or supportive services:
a) May not be charged a fee by the landlord for providing care;

b) Has no rights of tenancy; and
c) Must comply with the rules of the park. (Sec. 1)

6. Makes technical changes. (Sec. 1)

0 Prop 105 (45 votes) C Prop 108 (40 votes) Emergency (40 votes) 1 Fiscal Note

SB 1257
Page 1 Commerce

Initials PRB/JL

Attachment %
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature - Secon

d Regular Session

ROLL CALL VOTE
COMMITTEE ON Commerce BILL NO. SB 1257
DATE March 04, 2022 MOTION: _ DP?
pass | AYE | NAY | PRESENT ABSENT |

Carter Ve | WA
Chavez a
Cook Va
Espinoza — |
Kaiser wae |
Liguori y
Meza a
Wilmeth vO
Chaplik, Vice-Chairman a
Weninger, Chairman a

io | 9 0 0

APPROVED:

\

Jegualler Ve | 7 —

NEFF WENINGER, Chairman
JOSEPH CHAPLIK, Vice-Chairman

COMMITTEE aN

ATTACHMENT

4

File and source

File

2022-03-01_commerce-minutes.pdf

Size

460,031 bytes

SHA-256

734b045fc630472a18a2686161aa931359b88f29fa17066bbefb1285c8bf9e8b

Our copy

2022-03-01_commerce-minutes.pdf

Original

www.azleg.gov