Arizona House of Representatives Committee on Commerce — Report of Regular Meeting, February 11, 2025 (Fifty-seventh Legislature, First Regular Session)

Summary

The Report of Regular Meeting of the Arizona House of Representatives Committee on Commerce, Fifty-seventh Legislature, First Regular Session, for Tuesday, February 11, 2025, chaired by Representative Weninger. The report records that HB2124 and HB2721 were held, that HB2210, HB2683, HB2411, HB2748 and HB2447 received do pass recommendations, and that HB2195, HB2116, HB2749 and HB2233 received do pass amended recommendations. Attachments include the revised agenda, a Request to Speak report listing organizational and public positions on the bills, and the committee attendance record. The document closes with an amendment to HB2233 on elevator contractors and elevator mechanics and the roll call vote on HB 2233.

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-seventh Legislature - First Regular Session

COMMITTEE ON COMMERCE

Report of Regular Meeting
Tuesday, February 11, 2025
House Hearing Room 5 -- 2:00 P.M. OR UPON RECESS OR ADJOURNMENT OF FLOOR

Convened 3:03 P.M.
Adjourned 4:44 P.M.

Members Present

Representative Aguilar
Representative Blackman
Representative Cavero
Representative Connolly
Representative Diaz

Representative Hendrix
Representative Villegas
Representative Wilmeth
Representative Way, Vice-Chairman
Representative Weninger, Chairman

Agenda
Original Agenda — Attachment |

Request to Speak
Report — Attachment 2

Committee Attendance
Report — Attachment 3

Committee Action
Bill Action
HB2124 HELD
HB2721 HELD
HB2210 DP
HB2195 DPA
HB2116 DPA
HB2749 DPA
HB2683 DP
HB2411 DP
HB2748 DP
HB2447 DP
HB2233 DPA

Members Absent

10-0-0-0
6-3-1-0
10-0-0-0
10-0-0-0
10-0-0-0
8-2-0-0
7-3-0-0
8-1-0-1
10-0-0-0

MINUTES RECEIVED
CHIEF CLERK’S OFFICE

A/1R/A5

Attachments

4,5

6,7,8
9,10,11
12,13,14
15,16
17,18
19,20
21,22
23,24,25

My Aelrey

Abby Selvey, Commiffee $ Secretary

February 12, 2025

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

COMMITTEE ON COMMERCE
February 11, 2025
aioe ovation

f4f pn
REVISED #2- 2/10/25 REVISED #2- 2/10/25 REV Sep i. 5 Siol /10/25

ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

REGULAR MEETING AGENDA

COMMITTEE ON COMMERCE

DATE Tuesday, February 11, 2025 ROOM HHR5 TIME 2:00 P.M. or upon recess or

adjournment of Floor

Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361 162879&eventID=2025021051

Members:

Representative Aguilar Representative Diaz Representative Wilmeth
Representative Blackman Representative Hendrix Representative Way, Vice-Chairman
Representative Cavero Representative Villegas Representative Weninger, Chairman

Representative Connolly

Bills Short Title Strike Everything Title
HB2095 homeowners_associations-declaraton-amendinent
svete
Ceupper)
COMARELES
HB2116 small estate; affidavit; limits
D PA (Carter N)
COM, RULES
10-0-0-O
HB2124 H | hospitals; interfacility transport
(oz

(Willoughby: Biasiucci, Carbone, et al)
COM, RULES

HB2195 digital advertising; content; children; penalty
DPA (Willoughby)

é- 2-1 3 COM, RULES

HB2210 DIFI; continuation

p
(0-0-0-0

(Livingston)
COM, RULES

2
eet ATTACHMENT |
Bills Short Title Strike Everything Title

*HB2233 D p elevator contractors; elevator mechanics;
regulation

(Hendrix)
10°0°0°O com, RULES

HB2411 D p alcohol consumption; golf courses
—— (Kolodin: Biasiucci, Wilmeth)

4 zd 0 COM, RULES
’ -O i

HB2447 r p self-certification program; administrative review
(Carbone: Shamp)

B-J-O- | COM: RULES

HB2683 p p businesses; requirement to accept cash
(Chaplik: Gillette, Heap, et al)

COM, RULES
lo-0-0-0

HB2721 ambulance services; public information
Held (Willoughby)

COM, RULES

HB2748 p ticket sales; resellers; website requirements
DP (Weninger)

7 . 2- 0-O COM, RULES
HB2749 D p f unclaimed property; virtual currency; security

(Weninger)
16-60-00 COM, RULES

* On previous agenda

ORDER OF BILLS TO BE SET BY THE CHAIRMAN

ve
RA
62/05/2025,
62/06/2025
02/10/2025

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 (2/11/2025)

HB2116, small estate; affidavit: limits

HB2124, hospitals; interfacility transport

Support:

Stuart Goodman, DIGNITY HEALTH; Damien Johnson, AZ HOSPITAL & HEALTHCARE ASSN; Jim Adamson, YUMA
REGIONAL MEDICAL CENTER; Michael Fronske, Director of Governmental Affairs MIHS, MARICOPA COUNTY
SPECIAL HEALTHCARE DISTRICT; will humble, AZ PUBLIC HEALTH ASSOCIATION; Roxanne Ereth, representing self;
Emily Rice, PALO VERDE BEHAVIORAL HOSPITAL; Laura Magnus, Mingus Mountain Academy ; Douglas Lowden,
NORTHERN ARIZONA HEALTHCARE; Christina Corieri, YUMA REGIONAL MEDICAL CENTER; Jana Granillo,
representing self; Tom Caretto, PROFESSIONAL FIRE FIGHTERS OF ARIZONA

Neutral:
Randy Chevalier, representing self; John Flynn, Arizona Fire District Association; Eddie Smith, representing self

Oppose:

Meghaen Dell'Artino, HEALTHCARE INNOVATIONS, INC; Neal Thomas, representing self; Don Isaacson, ABC
AMBULANCE LLC; Emily Ryan, PRIORITY AMBULANCE, LLC; Mary Dalton, representing self; Marie Isaacson, ABC
AMBULANCE LLC

All Comments:

Damien Johnson, AZ HOSPITAL & HEALTHCARE ASSN: | would like to speak in favor of the bill on behalf of our
hospital members.; Jim Adamson, YUMA REGIONAL MEDICAL CENTER: Requesting to speak in support of HB2124.;
will humble, AZ PUBLIC HEALTH ASSOCIATION: Please vote YES! | served as the ADHS director for 6 years during the
Brewer era. Requiring a CON for interfacility transports even within a hospital chain causes delayed transports and
surgeries & makes no sense. This is a good bill that is needed!; Douglas Lowden, NORTHERN ARIZONA
HEALTHCARE: Support with Proposed Amendment; Jana Granillo, Self: Patient and family experience, many years
ago, but is relevant to patient experience for a transport to another facility that was a parking lot away. Again, the
distance was a parking lot away.; Neal Thomas, Self: Does not solve the problem being presented, only creates
more opaque service and allows almost unlimited providers without service oversight.; Don Isaacson, ABC
AMBULANCE LLC: updated position; John Flynn, Arizona Fire District Association: The proposed Commerce
Committee amendment with additional clarifying language addresses concerns.; Eddie Smith, Self: ARIZONA FIRE
CHIEFS ASSOCIATION

ATTACHMENT 2.
HB2195, digital advertising; content: children; penalty

Support:

Susan Cannata, AMERICAN ACADEMY OF PEDIATRICS - AZ CHAPTER; Rachel Bauer, representing self; Kristie
Kennedy, representing self; Jamie Alford, representing self; Cherie Anello, representing self; Peter Anello,
representing self; Laurie Reiner, representing self; Vicky D'Ascoli, representing self; Mary Evelyn Simpson,
representing self; Peter Asencio, representing self; Garrett Bowers, representing self; linda wallace, representing
self; deana corsa, representing self; Gayle Earle, representing self; Mark Stephens, representing self; Doborah
Oberhamer, representing self; Wendy Radimer, representing self; Paul Johnson, representing self

Oppose:
Francisco "Hugo" Polanco, AMERICAN CIVIL LIBERTIES UNION OF AZ (ACLU-AZ); Marilyn Rodriguez, AMERICAN
CIVIL LIBERTIES UNION OF AZ

All Comments:

Laurie Reiner, Self: All young minors under 18 should not be exposed to violent language, violent images, nor
sexual content from advertisements, etc. on Apps that are designed for children.; Mary Evelyn Simpson, Self:
YavGOp PC. | support protecting kids from predatory app platforms that puclish innapropriate images on apps that
are directed to our youth; Peter Asencio, Self: AZ State Committeeman, PC Captain & Father. We MUST protect our
children from predator Companies & individuals.; Garrett Bowers, Self: Precinct & State Committeeman and 2nd
Vice Chair, YavGOP. Common Sense! TAKE IT BACK!!; Wendy Radimer, Self: | am in favor this Bill. Wendy Radimer
Precinct Committeeman and State Committeeman; Paul Johnson, Self: | support This Bill . Arnold Paul Johnson,
Precinct Committeeman

HB2210, DIFI; continuation

Testified in support:
Fausto Burruel, AZ DEPT. OF INSURANCE AND FINANCIAL INSTITUTIONS

Support:

Don Isaacson, IMAGINE LEARNING, STATE FARM INSURANCE COMPANIES; Marc Osborn, Chubb Insurance And
Nationwide , FARMERS INSURANCE GROUP OF COMPANIES, Geico, Kutak Rock LLP; Chad Heinrich, Arizonans For
Affordable Health Coverage; Jaime Molera, CVS HEALTH; Chuck Bassett, Blue Cross Blue Shield Of AZ; Kathyrn
Busby, Arizona Nurses Association; Steve Barclay, MUTUAL INSURANCE COMPANY OF AZ (MICA), SCAN GROUP;
Jeremy Gerlach, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION; Kerry L. Hayden, Progressive
Insurance, UNITED SERVICES AUTOMOBILE ASSN (USAA); Chris Vinyard, CENTENE CORPORATION ON BEHALF OF
ITS AFFILIATES AND SUBSIDIARIES; Marie Isaacson, IMAGINE LEARNING, STATE FARM INSURANCE COMPANIES;
Jennifer Harris, AMERICAN PROPERTY CASUALTY INSURANCE ASSOCIATION; Mackenzie Shane, GREATER PHOENIX
CHAMBER OF COMMERCE; Christina Corieri, AZ MEDICAL ASSN; Brooke Parent, Gowest Credit Union Association ;
Dianne McCallister, Az Independent Pharmacists Coalition, AZ PHARMACY ASSOCIATION

All Comments:
Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE: Signing in supportive of HB 2210 on behalf of the
Greater Phoenix Chamber.
HB2233, elevator contractors: elevator mechanics; requlation

Testified in support:
Barry M. Aarons, CONSTRUCTION TRADES COALITION, ELEVATOR INDUSTRY WORK PRESERVATION FUND

Support:

Kevin Sullivan, representing self; Matt Johnson, representing self

All Comments:
Barry M. Aarons, CONSTRUCTION TRADES COALITION, ELEVATOR INDUSTRY WORK PRESERVATION FUND:
Modified

HB2411, alcohol consumption; golf courses

Testified as neutral:
Rob Fullmer, ARIZONA CRAFT BREWERS GUILD

Support:

David Kahn, REPUBLICAN LIBERTY CAUCUS OF ARIZONA; Mary Evelyn Simpson, representing self; Garrett Bowers,
representing self; deana corsa, representing self; Wendy Radimer, representing self; Paul Johnson, representing
self; Katarina White, representing self

Oppose:

Craig McDermott, representing self; Peter Asencio, representing self; Chris Russo, representing self

All Comments:

Mary Evelyn Simpson, Self: YavGOP PC and golfer. This is explicitly for the golfer out there who want to bring their
own alcohol with them to the golf course that is also a on-sale business. Support the freedom of choice; Garrett
Bowers, Self: Precinct and State Committeeman and 2nd Vice Chair, YavGOP. Hell Yeah!! More fun while having
fun! Just don't rent them a cart! :-); Wendy Radimer, Self: | am in favor this Bill. Wendy Radimer Precinct
Committeeman and State Committeeman; Paul Johnson, Self: | support This Bill . Arnold Paul Johnson, Precinct
Committeeman; Craig McDermott, Self: All of the state's problems must already be solved, right? The water
shortage will be addressed by having more booze on golf courses.; Peter Asencio, Self: | am a PC Captain, AZ State
Committeeman. how many accidents with golf carts, and driving home are associated with Alcohol consumption at
a golf course ? If you can't have fun without drinking alcohol you need to stay off the road.; Chris Russo, Self: Chris
Russo, Area 5 PC. Are people that obsessed with alcohol, they can't even go golfing without? The golf course has to
pay for a liquor license, so why should someone be able to BYOB? Let's spend time on laws we need not like this.;
Rob Fullmer, ARIZONA CRAFT BREWERS GUILD: We are monitoring this bill to see that it comports with other types
of licenses including craft producer, 12, 6 and 7.

HB2447, self-certification program; administrative review

Testified in support:

Steve Kaiser, Arizona Multihousing Association
Support:

James Manley, PACIFIC LEGAL FOUNDATION; Nick Ponder, LEAGUE OF ARIZONA CITIES & TOWNS; Heather
Bernacki Wilkey, QUEEN CREEK, TOWN OF; Courtney Coolidge, AZ CHAMBER OF COMMERCE; Ginna Carico,
GOODYEAR, CITY OF; Katy Proctor, City Of Maricopa; John Baumer, ARIZONA CHAPTER OF NAIOP; John Raeder,
BUCKEYE, CITY OF; Spencer Kamps, HOME BUILDERS ASSOCIATION OF CENTRAL AZ

All Comments:

Steve Kaiser, Arizona Multihousing Association: Would like to speak thank you.; Nick Ponder, LEAGUE OF ARIZONA
CITIES & TOWNS: AMA is supportive of a floor amendment for a 1/1/26 effective date. With that the League is
supportive.

HB2683, businesses; requirement to accept cash

Support:

Onita Davis, representing self; Shirley Dye, representing self; Lynne Weaver, representing self; Rose Sperry,
representing self; Mark Logan, representing self; richard sperry, representing self; Theresa Logan, representing
self; Greg Kistler, representing self; Stephen Harris, representing self; Buffalo Rick Galeener, representing self;
Susan Bolt, representing self; Dianna Gates, representing self; Bridget Nelke, representing self; Claribeth Davis,
representing self; Melanie Hutchings, representing self; Phyllis Lester, representing self; Susan Kelly, representing
self; Laurie Reiner, representing self; Helen Hebert, representing self; Starr Costa, representing self; Mary Evelyn
Simpson, representing self; Peter Asencio, representing self; Garrett Bowers, representing self; Donna Booth,
representing self; deana corsa, representing self; Michael Mote, representing self; Bev Miller, representing self;
Gary Zimmerman, representing self; Mary Lunn, representing self; Wendy Radimer, representing self; Paul Johnson,
representing self; Ryan Larson, representing self

Oppose:

Chad Heinrich, NATIONAL FEDERATION OF INDEPENDENT BUSINESS; Eric Emmert, East Valley Chambers Of
Commerce Alliance ; Deanna Kupcik, BUCKEYE VALLEY CHAMBER OF COMMERCE; Courtney Coolidge, AZ CHAMBER
OF COMMERCE; Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE

All Comments:

Shirley Dye, Self: | know that a lot of younger folks use debit cards for everything but | personally and a lot of my
friends use cash all the time at restaurants, grocery stores and other retail. What surprises me is that young clerks
can't count back change for $20; Stephen Harris, Self: Freedom requires non-trackable transactions. Limit should
be higher!; Dianna Gates, Self: It only makes sense since cash is a legal tender.; Bridget Nelke, Self: This bill is worth
pursuing; Helen Hebert, Self: you can hardly buy a bag of grocery's, the limit needs to be raised; Mary Evelyn
Simpson, Self: YavGOP PC | support the use of cash for payments anywhere and any time not just fixed location
retail stores; Peter Asencio, Self: 1am a PC Captain, AZ State Committeeman. CASH IS KING; Garrett Bowers, Self:
Precinct & State Committeeman and 2nd Vice Chair, YavGOP. Sounds like COMMON SENSE again! "Cash is KING!";
deana corsa, Self: | am a person who uses cash a lot | never want my right to use cash being taken away from me!;
Michael Mote, Self: | support this bill requiring acceptance of cash for small purchases at businesses with a physical
location.; Gary Zimmerman, Self: Limit should be higher than $100, but this is a good start. Our cash is "legal
tender", and should be acceptable for all business transactions.; Wendy Radimer, Self: | am in favor this Bill.
Wendy Radimer Precinct Committeeman and State Committeeman; Paul Johnson, Self: | support This Bill . Arnold
Paul Johnson, Precinct Committeeman; Mackenzie Shane, GREATER PHOENIX CHAMBER OF COMMERCE: Signing in
opposed to HB 2683 on behalf of the greater phoenix chamber

HB2721, ambulance services; public information

Support:
Shirley Gunther, DIGNITY HEALTH; Damien Johnson, AZ HOSPITAL & HEALTHCARE ASSN

Neutral:
John Flynn, Arizona Fire District Association; Douglas Lowden, NORTHERN ARIZONA HEALTHCARE; Eddie Smith,
representing self; Carly Fleege, AZ DEPARTMENT OF HEALTH SERVICES

Oppose:

Meghaen Dell'Artino, HEALTHCARE INNOVATIONS, INC; Todd Jaramillo, representing self; Neal Thomas,
representing self; Don Isaacson, ABC AMBULANCE LLC; Emily Ryan, PRIORITY AMBULANCE, LLC; Marie Isaacson,
ABC AMBULANCE LLC

All Comments:

Neal Thomas, Self: Needs a few amendments to include all ambulance services and a few important details on the
dispatch times.; Eddie Smith, Self: ARIZONA FIRE CHIEFS ASSOCIATION; Carly Fleege, AZ DEPARTMENT OF HEALTH
SERVICES: Per ARS 36-2220, we can't provide information related to individual EMCTs. It should also be clarified
that we cannot provide complaint information until our investigation is complete. Both should be clarified.
Recommended amendment sent to sponsor

HB2748, ticket sales: resellers: website requirements

Testified in support:

John Kelly, Principal, Stubhub; Brian Young, representing self

Testified as opposed:
Jeremy Gerlach, Ticketmaster

Support:
Kelsey Lundy, VIVID SEATS; Sean Auyash, representing self

Oppose:

Michael Racy, Lobbyist, PIMA COUNTY; Michael Haener, Partner, Arizona State University; James Hamilton,
NASCAR, PHOENIX RACEWAY; Marcus Dell'Artino, Phoenix Suns; Robert Dalager, AZ CARDINALS; Jon Cavaletto,
representing self; Ron Gubitz, representing self

All Comments:

Brian Young, Self: On Behalf of Sports Fans Coalition; Jon Cavaletto, Self: The Vista Center for the Arts Foundation
opposes the amendment as it unfairly burdens venues, weakens fraud prevention, lacks consumer protections,
and ignores fraudulent third-party resellers, failing to address exploitative resale practices.; Ron Gubitz, Self:
Strong opposition on behalf of the Music Artists Coalition. HB 2748 mandates instant ticket delivery and infringes
on the sacred relationship between artists and fans. Artists alone should determine how their tickets reach their
audience.

HB2749, unclaimed property; virtual currency: security

Testified in support:
Ashley Gunn, COINBASE, INC

Oppose:

Craig McDermott, representing self
ARIZONA STATE LEGISLATURE
Fifty-seventh Legislature - First Regular Session

COMMITTEE ATTENDANCE RECORD

COMMITTEE ON

COMMERCE

CHAIRMAN: Jeff Weninger VICE-CHAIRMAN: _ Michael Way
DATE 01/14/25] 1/28/25| 2 fz 125 2/1125 /25
CONVENED 2-071PM/2/05PM 2o2em 3503 Pm m
RECESSED
RECONVENED
ABJOURNED S:lopm| 4: jopm| 6:26pm) 4°14 pm
MEMBERS
Aguilar A A ral A
Blackman we ed VA J
Cavero a wv 7 ae A
Connolly yw ~ ad f
Diaz wa iw LZ J
Hendrix if A a SJ
Villegas A S/IiAlYS
Wilmeth a? /|AZ1 4
Way, Vice-Chairman er wi rs 4
Weninger, Chairman “4 yi we | yt
V Present Absent exc Excused

ATTACHMENT 3
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2210: DIFI; continuation
Sponsor: Representative Livingston, LD 28
Committee on Commerce

Overview
Continues the Arizona Department of Insurance and Financial Insurance (DIFI) for eight

years.

History
Established in 2020 with the consolidation of the Department of Financial Institutions, the

Department of Insurance and the Automobile Theft Authority, DIFI is a multifaceted agency
that regulates the insurance industry, financial institutions and enterprises as well as the
distribution of Arizona Automobile Theft Authority Fund monies to combat auto theft.

DIFI regulates such industries through licensure of financial and insurance professionals
such as collection agencies, mortgage bankers and brokers, insurers and insurance
producers, registering and certifying state-chartered banks and credit unions and conducting
scheduled examinations and investigating complaints of licensed professionals and
businesses.

DIFI is also responsible for analyzing the methods of combating the problem of vehicle theft
and promoting successful methods of reducing the number of vehicle thefts in Arizona.

The House Commerce Committee of Reference (COR) held a public meeting on Tuesday,
January 14, 2025, to review the Auditor General's Performance Audit and Sunset Review
Report and consider DIFI's responses to the statutorily outlined sunset factors. The COR
recommended that DIFI be continued with revisions. DIFI is statutorily set to terminate on
July 1, 2025, unless legislation is enacted for its continuation (A.R.S. § 41-3025.02).

Provisions
1. Continues, retroactive to July 1, 2025, DIFI until July 1, 2033. (Sec. 1, 2, 4)

2. Repeals, subject to voter approval, DIFI on January 1, 2034. (Sec. 2)

3. Includes a purpose statement. (Sec. 3)

OO Prop 105 (45 votes) Oo Prop 108 (40 votes) 0 Emergency (40 votes) UO Fiscal Note

HB 2210
Initials PB Page 1 Commerce

ATTACHMENT

4
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. —_HB 2210

DATE February 11, 2025 MOTION: DP

E NAY PRESENT | ABSENT

>
<

PASS

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

ANARAIVARK KINA

Weninger, Chairman

CG) | O Oo)

®&

APPROVED: COMMITTEE SEGRETARY

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. 5
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2195: digital advertising; content; children; penalty
Sponsor: Representative Willoughby, LD 13
Committee on Commerce

Overview
Provides restrictions relating to advertisements displayed on child-directed applications.

History
Individuals who, with knowledge of the character of the item involved, intentionally or

knowingly transmit or send to a minor by means of electronic mail, personal messaging or

any other direct internet communication an item that is harmful to minors when the person

knows or believes at the time of the transmission that a minor in this state will receive the
_ item are guilty of a class 4 felony (A.R.S. § 13-3506.01).

Provisions
1. Proclaims, for application platforms that display advertisements on child-directed
applications, that:
a) the platform cannot display inappropriate and mature advertisements;
b) the advertisement must be suitable for individuals who are 12 years of age or younger;
and
c) the platform must implement monitoring systems to ensure compliance. (Sec. 1)

2. Instructs the Attorney General to enforce statutory restrictions relating to
advertisements displayed on child-directed applications. (Sec. 1)

3. Subjects a civil penalty of up to $10,000 per violation for noncompliance. (Sec. 1)

4. Defines an application platform, child-directed application and inappropriate and mature
advertisement. (Sec. 1)

5. Contains a delayed effective date. (Sec. 1)

Oi Prop 105 (45 votes) OO Prop 108 (40 votes) 0 Emergency (40 votes) UO Fiscal Note

HB 2195
Initials PB Page 1 Commerce

*AUTACHMENT 6
Fifty-seventh Legislature Commerce
First Regular Session H.B. 2195

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2195
(Reference to printed bill)

Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
(Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN-STRTRESUT-FIT-BRACKETS ] indicates new text removed from statute
or previously enacted session law.
(Green—stry7kevrttr-trackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<fireerstrtkecut—ircarets>> indicates a section removed from the bill.

1 The bill as proposed to be amended is reprinted as follows:

2 Section 1. Title 44, chapter 10, article 5, Arizona Revised
3 Statutes, is amended by adding section 44-1483, to read:

4 44-1483. Digital advertising directed toward children;

5 content restrictions; civil penalty; enforcement:

6 definitions

7 A. [AN] [A _CHILD-DIRECTED] APPLICATION [PEATFORM] MAY NOT DISPLAY
8 INAPPROPRIATE AND MATURE ADVERTISEMENTS [ON-A~EHEEB-BEREETEB-APPLTEATHON] .
9 [BAN ABHER FES EEN FATES PEACE BEN AEE B= BIRECTEB AP PET EAT TON
10 HUST BE-SUTTABCE-FOR ANB EBACS HH ARETE VE TEARS OF AGE BR-TOONEERT
11 CAA PT EAT EN PEATFORE SHAE EP EEE THE FREES STEMS FB
12 ENSURE-COMPCTANEE SHAT THES SECTHON- FT

13 ([B-] [B.] [AN] [A_CHILD-DIRECTED] APPLICATION [PrATFORMH] THAT DOES
14 NOT COMPLY WITH THIS SECTION IS SUBJECT TO A CIVIL PENALTY OF UP TO
15 $10,000 PER VIOLATION. [IN DETERMINING WHETHER AN APPLICATION IS A CHILD
16 DIRECTED APPLICATION, THE FOLLOWING ASPECTS SHALL BE CONSIDERED:

17 1. SUBJECT MATTER.

18 2s ISUAL CONTENT.

19 3. THE USE OF ANIMATED CHARACTERS OR CHILD-ORIENTED ACTIVITIES.
20 ENTIV M R_OTHER AU TENT.
21 5. THE AGE OF MODELS AND THE PRESENCE OF CHILD CELEBRITIES OR
22 CELEBRITIES WHO APPEAL TO CHILDREN. ]

23 [t-] [C.J] THE ATTORNEY GENERAL SHALL ENFORCE THIS SECTION.

24 [t=] £0.) FOR THE PURPOSES OF THIS: SECTION:
25 [25 PLTEATFEON PEATE ER THEANS 4 BEAL BES FRE BOTT ON SERVEEE

26 THAT-OFFERS-FER-BOMNEOAB A APPETECAT TONE J

ATTACHMENT ‘1
House Amendments to H.B. 2195

[27] [1.] "“CHILD-DIRECTED APPLICATION" MEANS AN APPLICATION

[3+] [2.] “INAPPROPRIATE AND MATURE ADVERTISEMENT" LT
tat] MEANS AN ADVERTISEMENT THAT [EN€CUBES—CONTENT HAT]

UNSUITABLE FOR AN INDIVIDUAL WHO IS TWELVE YEARS OF AGE OR YOUNGER [>

toy] [AND THAT] INCLUDES ANY OF THE FOLLOWING:

[t77] [(a)] VIOLENCE.

[t777] [(b)] EXPLICIT LANGUAGE.

[tt] [(c)] SEXUAL CONTENT.

[ttv7] [(d)] ALCOHOL OR DRUG USE.

Sec. 2. Effective date

Section 44-1483, Arizona Revised Statutes, as added by this act,

14 effective from and after December 31, 2026.

15
16

Enroll and engross to conform
Amend title to conform

JEFF WENINGER

2195WENINGER2. docx

02/07/2025
04:47 PM
H: PB/1s

[PLATFORM] THAT IS PRIMARILY INTENDED FOR USE OR DOWNLOAD BY AN INDIVIDUAL
WHO IS TWELVE YEARS OF AGE OR YOUNGER.

IS

is
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2195

DATE February 11, 2025 MOTION: DPA

PASS AYE NAY PRESENT | ABSENT

Aguilar vi

Blackman

Cavero

Connolly

Diaz

Hendrix

WA

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

DANN AKL | A

3 | O

APPROV, jhe a cotanni TTEE SEGRETARY

“JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. 5
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2116: small estate; affidavit; limits
Sponsor: Representative Carter N, LD 15
Committee on Commerce

Overview
Increases the monetary cap on the decedent's personal and real property that can be

recovered by an affidavit.

History
Thirty days after the decedent's death, a successor to the decedent's estate may recover

property by presenting an affidavit to a person indebted to the decedent or who has tangible
personal property or an instrument evidencing an obligation to the decedent. The affidavit
must state that:
1) 30 days have elapsed since the death of the decedent;
2) the value of the estate's personal property does not exceed $75,000 as of:
a) the date of death, and no pending petition for the appointment of a personal
representative nor has a representative been appointed in any jurisdiction; or
b) the date of the affidavit, and the personal representative has been discharged or more
than one year has elapsed since a closing statement has been filed;
3) the claiming successor is entitled to payment or delivery of the property; and
4) the funeral expenses and expenses of the last illness of the decedent have been paid.

Not sooner than six months after the decedent's death, a person claiming as successor to the
decedent's interest in real property may file in the applicable court an affidavit describing
the real property and the interest of the decedent in such property. The affidavit must state
that:
1) 6 months have elapsed since the death of the decedent;
2) the value of all real property in the decedent's estate located in this state does not exceed
$100,000 as of:
a) the date of death, and no pending petition for the appointment of a personal
representative nor has a representative been appointed in any jurisdiction; or
b) the date of the affidavit, and the personal representative has been discharged or more
than one year has elapsed since a closing statement has been filed;
3) funeral expenses, expenses of the last illness and all unsecured debts of the decedent have
been paid;
4) the person or persons signing the affidavit are entitled to the real property by reason of
the allowance in lieu of homestead;
5) no other person has a right to the interest of the decedent in the described property; and
6) no federal estate tax is due on the decedent's estate.
(A.R.S. § 14-3971)

Oo Prop 105 (45 votes) 0 Prop 108 (40 votes) 0 Emergency (40 votes) UO Fiscal Note

HB 2116
Initials PB Page 1 Commerce

ATTACHMENT 4
Provisions
1. Increases the limit of the value of all personal property in a decedent's estate that can be
claimed by a successor of a decedent through an affidavit, from $75,000 to $100,000. (Sec.

1)

2. Increases the limit of the value of all real property in a decedent's estate that can be
claimed by a successor of a decedent through an affidavit, from $100,000 to $150,000.
(Sec. 1)

HB 2116
Initials PB Page 2 Commerce
Fifty-seventh Legislature Commerce
First Regular Session H.B. 2116

ANDO WNH FE

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2116
(Reference to printed bill)

Amendment instruction key:

[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or

previously enacted session law.

(Green underlining in brackets] indicates text added to new session law

or text restoring existing law.

CEREEN-STRIKESUT-FIE-BRACKETS] indicates new text removed from statute

or previously enacted session law.

(Green—strtkevut—trtrackets] indicates text removed from existing statute,
previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.
<<Green—stritkecutircarets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

Section 1. Section 14-3971, Arizona Revised Statutes, is amended to
read:

14-3971. Collection of personal property by affidavit;

ownership of vehicles; affidavit of succession to
real property

A. At any time after the death of a decedent, any employer owing
wages, salary or other compensation for personal services of the decedent
shall pay to the surviving spouse of the decedent the amount owing, not in
excess of $5,000, on being presented an affidavit made by or on behalf of
the spouse stating that the affiant is the surviving spouse of the
decedent, or is authorized to act on behalf of the spouse, and that no
application or petition for the appointment of a personal representative
is pending or has been granted in this state or, if granted, the personal
representative has been discharged or more than one year has elapsed since
a closing statement has been filed.

B. Thirty days after the death of a decedent, any person indebted
to the decedent or having possession of tangible personal property or an
instrument evidencing a debt, obligation, stock or chose in action
belonging to the decedent shall make payment of the indebtedness or
deliver the tangible personal property or an instrument evidencing a debt,
obligation, stock or chose in action to a person claiming to be the
successor of the decedent wporm ON being presented an affidavit made by or
on behalf of the successor and stating that all of the following are true:

1. Thirty days have elapsed since the death of the decedent.

2. Either:

(a) An application or petition for the appointment of a personal
representative is not pending and a personal representative has not been

House Amendments to H.B. 2116

ANA TH WNMHrF

appointed in any jurisdiction and the value of all personal property in
the decedent's estate, wherever located, less liens and encumbrances, does
not exceed 75-600 [tt66-066] [$200.000] as valued as of the date of
death.

(b) The personal representative has been discharged or more than
one year has elapsed since a closing statement has been filed and the
value of all personal property in the decedent's estate, wherever located,
less liens and encumbrances, does not exceed #75;>8600 [?t06-000] [$200.000)
as valued as of the date of the affidavit.

3. The claiming successor is entitled to payment or delivery of the
property.

4. The funeral expenses and expenses of the last illness of the
decedent have been paid.

C. A transfer agent of any security shall change the registered
ownership on the books of a corporation from the decedent to the successor
or successors on presentation of an affidavit pursuant to subsection B of
this section.

D. The motor vehicle division shall transfer title of a motor
vehicle from the decedent to the successor or successors on presentation
of an affidavit as provided in subsection B of this section and on payment
of the necessary fees.

E. Wo NOT sooner than six months after the death of a decedent, a
person or persons claiming as successor or successors to the decedent's
interest in real property, including any debt secured by a lien on real
property, may file in the court in the county in which the decedent was
domiciled at the time of death, or if the decedent was not domiciled in
this state then in any county in which real property of the decedent is
located, an affidavit describing the real property and the interest of the
decedent in that property and stating that all of the following are true
and material and acknowledging that any false statement in the affidavit
may subject the person or persons to penalties relating to perjury and
subornation of perjury:

1. Either:

(a) An application or petition for the appointment of a personal
representative is not pending and a personal representative has not been
appointed in any jurisdiction and the value of all real property in the
decedent's estate located in this state, less liens and encumbrances
against the real property, does not exceed #t66-666 [4156-0606] [$300,000]
as valued at the date of death. The value of the decedent's interest in
that real property shall be determined from the full cash value of the
property as shown on the assessment rolls for the year in which the
decedent died, except that in the case of a debt secured by a lien on real
property the value shall be determined by the unpaid principal balance due
on the debt as of the date of death.

(b) The personal representative has been discharged or more than
one year has elapsed since a closing statement has been filed and the
value of all real property in the decedent's estate, wherever located,
House Amendments to H.B. 2116

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less liens and encumbrances, does not exceed *#t00>-000 ([#15¢t-000]
[$300,000] as valued as of the date of the affidavit. The value of the
decedent's interest in that real property is determined from the full cash
value of the property as shown on the assessment rolls for the year in
which the affidavit is given, except that if a debt is secured by a lien
on real property, the value is determined by the unpaid principal balance
due on the debt as of the date of the affidavit.

2. Six months have elapsed since the death of the decedent as shown
in a certified copy of the decedent's death certificate attached to the
affidavit.

3. Funeral expenses, expenses of the last illness and all unsecured
debts of the decedent have been paid.

4. The person or persons signing the affidavit are entitled to the
real property by reason of the allowance in lieu of homestead, exempt
property or family allowance, by intestate succession as the sole heir or
heirs, or by devise under a valid last will of the decedent, the original
of which is attached to the affidavit or has been probated.

5. No other person has a right to the interest of the decedent in
the described property.

6. No federal estate tax is due on the decedent's estate.

F. The normal filing fee shall be charged for the filing of an
affidavit under subsection E of this section unless waived by the court as
provided by section 12-301 or 12-302. On receipt of the affidavit and
after determining that the affidavit is complete, the registrar shall
issue a certified copy of the affidavit without attachments, and the copy
shall be recorded in the office of the recorder in the county where the
real property is located.

G. This section does not limit the rights of heirs and devisees
under section 14-3901.

Enroll and engross to conform
Amend title to conform

LAURIN HENDRIX

2116HENDRIX.docx
02/10/2025

03:58 PM

PB/ra

H:
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2116

DATE February 11, 2025 MOTION: DE fA

PASS AYE NAY PRESENT | ABSENT

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

S AASARKAARAY

oO O C)

[,

APPROVED: — COMMITTEE SE ARY

ce
JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. | |
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2749: unclaimed property; virtual currency; security
Sponsor: Representative Weninger, LD 13
Committee on Commerce

Overview
Outlines requirements for a security or virtual currency that is presumed to be abandoned.

History
Statute requires the holder of property that is presumed abandoned to make a report to the

Department of Revenue (DOR) concerning the property. The report must contain a
description of the property, certain information of the apparent owner of the property if
known, the date on which the property became payable, demandable or returnable and the
date of the last transaction with the apparent owner of the property and other information
that the department by rule deems necessary. Property is presumed abandoned if unclaimed
by the apparent property owner within a statutorily prescribed time frame which differs by
type of property.

Within three years after receiving abandoned property, DOR must sell the property to the
highest bidder at a public sale at a location in this state that in the judgment of the
department affords the most favorable market for the property. The department additionally
must sell securities that are listed on an established stock exchange at prices prevailing on
the exchange at the time of the sale (Title 44, Chapter 3, A.R.S.).

Provisions
1. Presumes any security or virtual currency that can rightfully be claimed is abandoned

three years after the initial date the security or virtual currency becomes claimable. (Sec.
2)

2. Stipulates the three-year abandonment presumption begins when a written or electronic
communication is returned to the owner as undeliverable by mail, email or any other
electronic messaging method. (Sec. 2)

3. Ceases the three-year presumption of abandonment immediately:
a) on the exercise of an act of ownership interest in the security or virtual currency; or
b) by awritten, oral or electronic communication with the holder of the security or virtual
currency that is evidenced by a memorandum or other record that is on file with the

holder. (Sec. 2)
4. Defines exercise of an act of ownership interest. (Sec. 2)

Requires, for unclaimed virtual currency that is reported to the Department of Revenue
(DOR), the holder to report and deliver the virtual currency in its native form to DOR
within 30 days after reporting the property abandoned. (Sec. 3)

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

HB 2749
Initials PB Page 1 Commerce

ATTACHMENT /2.
6. Stipulates the holder must maintain the virtual currency until the additional keys
required to transfer the virtual currency becomes available if the holder possesses a
partial key or is unable to move the virtual currency. (Sec. 3)

7. Prohibits DOR from selling a security or virtual currency listed on an established stock
or a virtual currency exchange for less than the prevailing price that is listed on the
exchange at the time of the sale. (Sec. 4)

8. Allows DOR to sell a security or virtual currency not listed on an established exchange
by any commercially reasonable method. (Sec. 4)

9. Makes technical and conforming changes. (Sec. 1, 2, 3, 4)

HB 2749
Initials PB Page 2 Commerce
Fifty-seventh Legislature Commerce
First Regular Session H.B. 2749

OANA TFWM FE

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2749
(Reference to printed bill)

Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
{Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN -STRTKECHT-FT-BRAEKETS] indicates new text removed from statute
or previously enacted session law.
(Green—strtkevrt—tr_trackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<Green—strtkeort—tr-carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

<<Section. 1. Title 41, chapter 1, article 4, Arizona Revised
Statutes, is amended by adding section 41-180, to read:

41-180. Bitcoin and digital assets reserve fund; definitions

[A. THE BITCOIN AND DIGITAL ASSETS RESERVE FUND IS ESTABLISHED
CONSISTING OF ANY AIRDROPS, STAKING REWARDS OR INTEREST EARNED AS

PRESCRIBED IN SECTION 44-308, SUBSECTION D. THE STATE TREASURER SHALL

ADMINISTER THE FUND. MONIES IN THE FUND ARE SUBJECT TO THE LEGISLATIVE

APPROPRIATION. THE STAKING REWARDS OR INTEREST EARNED FROM THE DIGITAL

ASSET MAY BE IN THE FORMS OF DIGITAL ASSETS AND BITCOIN.

B. ON APPROVAL OF THE LEGISLATURE, TEN PERCENT OF THE DIGITAL
ASSETS HELD IN THE FUND SHALL BE DEPOSITED IN THE STATE GENERAL FUND. THE

LEGISLATURE MAY NOT DEPOSIT BITCOIN INTO THE STATE GENERAL FUND.

C. FOR THE PURPOSES OF THIS SECTION:

1. "“AIRDROP" MEANS THE RECEIPT OF VIRTUAL CURRENCY THROUGH A MEANS
OF DISTRIBUTION OF VIRTUAL CURRENCY TO THE DISTRIBUTED LEDGER ADDRESSES OF
MULTIPLE TAXPAYERS.

2. “DIGITAL ASSETS":
(a) MEANS A DIGITAL REPRESENTATION OF VALUE, RIGHTS OR OWNERSHIP
THAT IS RECORDED AND TRANSFERRED ELECTRONICALLY USING _BLOCKCHAIN

TECHNOLOGY OR OTHER DISTRIBUTED LEDGER SYSTEMS.

(b) INCLUDES ANY OF THE FOLLOWING:
(i) _CRYPTOCURRENCY .

ii ON-FUNGIB KE

(iii) TOKENIZED REAL-WORLD ASSETS.
(iv) AN AIRDROP.

(v) FORKED TOKENS.
D T A

House Amendments to H.B. 2749

ANAOKRWDH

(vii) VIRTUAL CURRENCY. FOR THE PURPOSES OF THIS SUBDIVISION,
"VIRTUAL CURRENCY" HAS THE SAME MEANING PRESCRIBED IN SECTION 43-1028.

(viii) OTHER DIGITAL REPRESENTATIONS THAT MAY HOLD ECONOMIC,
UTILITY OR OWNERSHIP VALUE.

3. "NON-FUNGIBLE TOKEN" HAS THE SAME MEANING AS PRESCRIBED IN
SECTION 43-1028.

4, "STAKE" MEANS THE PROCESS THAT BLOCKCHAIN NETWORKS DIGITAL
CURRENCIES USE TO VALIDATE TRANSACTIONS ON THE BLOCKCHAIN IN EXCHANGE FOR
INTEREST EARNED OR A REWARD. J>>

Sec. 2. Section 44-301, Arizona Revised Statutes, is amended to
read:

44-301. Definitions

In this chapter, unless the context otherwise requires:

[1. "AIRDROP™ MEANS THE RECEIPT OF VIRTUAL CURRENCY THROUGH A MEANS
OF DISTRIBUTION OF VIRTUAL CURRENCY TO THE DISTRIBUTED LEDGER ADDRESSES OF
MULTIPLE TAXPAYERS. ]

{[t-] [2.] “Apparent owner" means a person whose name appears on the
records of a holder as the person entitled to property held, issued or
owing by the holder.

[27] [3.] “Business association" means any corporation, joint stock
company, investment company, partnership, limited partnership, registered
limited liability partnership, unincorporated association, joint venture,
limited liability company, business trust, trust company, land bank, safe
deposit company, safekeeping depository, financial organization, insurance
company, mutual fund, utility or other business entity, whether for profit
or not for profit, that consists of one or more persons.

[3-] [4.] "De minimis property" means any account balances of
business associations of ‘f?tfty—tutters $50 or less THAT IS payable to
another business association.

[47] [5.] "Department" means the department of revenue.

[6. “DIGITAL ASSETS":

(a) MEANS A DIGITAL REPRESENTATION OF VALUE, RIGHTS OR OWNERSHIP
THAT IS RECORDED AND TRANSFERRED ELECTRONICALLY USING BLOCKCHAIN
TECHNOLOGY OR OTHER DISTRIB D

(b) INCLUDES ANY OF THE FOLLOWING:

(i) CRYPTOCURRENCY .

(ii) NON-FUNGIBLE TOKENS.

(iii) TOKENIZED REAL-WORLD ASSETS.

(iv) AN AIRDROP.

(v) FORKED TOKENS.

i DE DS OR TOKENS, ALS A ANCE.

(vii) VIRTUAL CURRENCY. FOR THE PURPOSES OF THIS SUBDIVISION,
"VIRTUAL CURRENCY" HAS THE SAME MEANING PRESCRIBED IN SECTION 43-1028.

(viii) OTHER DIGITAL REPRESENTATIONS THAT MAY HOLD ECONOMIC,
UTILITY OR OWNERSHIP VALUE. 1]

[Sv] [Z.] "Director" means the director of the department of
revenue.

House Amendments to H.B. 2749

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NOOMPWNMHRFOUMOANATHPWNHEFOWOANDAOTHBWNHEF OW DWAR WNHH OW

[67] [8.] "Domicile" means the state of incorporation of a
corporation and the state of the principal place of business of a holder
other than a corporation.

[77] [9.] “Financial organization" means a savings and_ loan
association, building and loan association, savings bank, industrial bank,
bank, banking organization or credit union.

[67] [10.] "Holder" means a person who is obligated to hold for the
account of or deliver or pay to the owner THE property that is subject to
this chapter.

[S-] [11.] “Insurance company" means an association, corporation or
fraternal or mutual benefit society or organization, whether for profit or
not for profit, that is engaged in the business of providing life
endowments, annuities or insurance, including accident, burial, casualty,
credit life, contract performance, dental, disability, fidelity, fire,
health, hospitalization, illness, life, malpractice, marine, mortgage,
surety, wage protection and workers" compensation insurance.

[té-] [12.] "Mineral" means gas, oi1, coal, sand, gravel, road
material, building stone, chemical raw material, gemstone, fissionable and
nonfissionable ores, colloid and other clay, steam and other geothermal
resource or any other substance defined as a mineral in sections 27-231
and 27-901.

[tt>] [13.] "Mineral proceeds" means the amounts payable for the
extraction, production or sale of minerals or, if those amounts are
abandoned, all payments that become payable after the abandonment.
Mineral proceeds include amounts payable:

(a) For the acquisitions and retention of a mineral lease,
including bonuses, royalties, compensatory royalties, shut-in royalties,
minimum royalties and delay rentals.

(b) For the extraction, production or sale of minerals, including
net revenue interest, royalties, overriding royalties, extraction payments
and production payments.

(c) Under an agreement or option, including a joint operating
agreement, unit agreement, pooling agreement and farm out agreement.

[t2>] [14.] "Money order" includes an express money order and a
personal money order on which the remitter is the purchaser. Money order
does not include a bank money order or any other instrument that is sold
by a financial organization if the seller has obtained the name and
address of the payee.

[15.  “NON-FUNGIBLE TOKEN" HAS THE SAME MEANING PRESCRIBED IN
SECTION 43-1028. ]

[t3s>] [16.] "Owner" means a person who has a legal or equitable
interest in property that is subject to this chapter or the person's legal
representative. Owner includes a depositor in the case of a deposit, a
beneficiary in the case of a trust other than a deposit in trust and a
creditor, claimant or payee in the case of other property.

(te] [17.] "Person" means an individual, business association,
financial organization, estate, trust, government, governmental
House Amendments to H.B. 2749

subdivision, agency or instrumentality or any other legal or commercial
entity.

[267] (18.] “Property”:

(a) Means ANY OF THE FOLLOWING:

(1) Tangible property pursuant to section 44-303. or

(ii) A fixed and certain interest in intangible property that is
held, issued or owed in the course of a holder's business or by a
government, governmental subdivision, agency or instrumentality and all
income or increments from that property.

(i771) A SECURITY AS DEFINED IN SECTION 44-1801.

(iv) VIRTUAL CURRENCY AS DEFINED IN SECTION 43-1028.

(b) Property Does not include de minimis property, property of a
person who is maintaining a current business relationship with the holder,
monies collected pursuant to section 46-441 and property that is referred
to or evidenced by gift certificates, electronic gift cards, nonrefundable
tickets, certificates evidencing property denominated in value other than
a currency, including prepaid phone cards, frequent flyer miles, stored
value cards and merchandise points.

(c) Property Includes property that is referred to as or evidenced
by any of the following:

tay (i) Money or any check, draft, deposit, interest or dividend.

thy (ii) Any credit balance, customer's overpayment, security
deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral
proceeds or unidentified remittance.

tcy (iii) Any stock or other evidence of ownership of an interest
in a business association or financial organization.

tty (iv) Any bond, debenture, note or other evidence’ of
indebtedness.

tey (v) Money deposited to redeem stocks, bonds, coupons or other
securities or to make distributions.

tt (vi) An amount due and payable under the terms of an annuity
or insurance policy, including policies that provide life, property,
casualty, workers’ compensation, health or disability insurance.

toy (vii) An amount distributable from a trust or custodial fund
that is established under a plan to provide health, welfare, pension,
vacation, severance, retirement, death, stock purchase, profit sharing,
employee savings or supplemental unemployment insurance or_ similar
benefits.

[te67] [19.] "Record" means information that is inscribed on a
tangible medium or that is stored in any electronic or other medium and
that is retrievable in a perceivable form.

(20. “STAKE MEANS THE PROCESS THAT BLOCKCHAIN NETWORKS DIGITAL
CURRENCIES USE TO VALIDATE TRANSACTIONS ON THE BLOCKCHAIN IN EXCHANGE FOR

44 INTEREST EARNED OR A REWARD. J

45
46
47

[ty7] [21.] "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico or any territory or insular
possession that is subject to the jurisdiction of the United States.
House Amendments to H.B. 2749

ANAT WM FE

[té7] [22.] "Utility" has the same meaning prescribed in section
40-491.

Sec. 3. Section 44-302, Arizona Revised Statutes, is amended to
read:

44-302. Presumptions of abandonment

A. Property is presumed abandoned if it is unclaimed by the
apparent owner according to the following schedule:

1. A traveler's check is presumed abandoned fifteen years after
issuance.

2. A money order or similar written instrument, other than a third
party THIRD-PARTY bank check, is presumed abandoned three years after
issuance.

3. Any stock or other equity interest in a business association or
financial organization, including a security entitlement under title 47,
chapter 8, is presumed abandoned three years after any of the following,
whichever occurs first:

(a) The date of the most recent dividend, stock split or other
distribution that is unclaimed by the apparent owner.

(b) The date of the second mailing of a statement of account or
other notification or communication that was returned as undeliverable.

(c) The date the holder discontinued mailings, notifications or
communications to the apparent owner.

4. The principal on debt, other than a bearer bond or an original
issue discount bond, of a business association or financial organization
is presumed abandoned three years after the maturity date and the interest
on the debt is presumed abandoned three years after the payment date.

5. Except as otherwise provided in this paragraph, a demand,
savings or time deposit, including a deposit that is automatically
renewable, and any interest or dividends are presumed abandoned three
years after maturity or the date of the last indication by the owner of
interest in the property, whichever occurs first. A certificate of
deposit and any interest are presumed abandoned three years after
maturity. For the purposes of this paragraph, a deposit that is
automatically renewable is deemed matured on its initial date of maturity,
unless the owner has consented to a renewal at the time of the account
opening or about the time of the renewal and the consent is in writing or
is evidenced by the original account agreement or by any memorandum or
other record on file with the holder.

6. Credits owed to a customer as a result of a retail business
transaction are presumed abandoned three years after the obligation
accrued.

7. An amount owed by an insurance company on a life or endowment
insurance policy or an annuity that has matured or terminated is presumed
abandoned three years after the obligation to pay arose or, in the case of
a policy or annuity that is payable on proof of death, the amount is
presumed abandoned one year after the insured has attained, or would have
attained if the insured were living, the limiting age under the mortality

House Amendments to H.B. 2749

table on which the reserve is based. For the purposes of this paragraph,
all of the following conditions apply:

(a) If a person other than the insured or annuitant is entitled to
the owed amount and the person's address is not known to the company or it
is not definite and certain from the records of the company who is
entitled to the amount, it is presumed that the last known address of the
person who is entitled to the amount is the same as the last known address
of the insured or annuitant according to the company's records.

(b) Notwithstanding any law, if the company learns of the death of
the insured or annuitant and the beneficiary has not communicated with the
insurer within four months after the death, the company shall take
reasonable steps to pay the proceeds to the beneficiary.

(c) Every change of beneficiary form issued by an insurance company
under any life or endowment insurance policy or annuity contract to an
insured or owner who is a resident of this state shall request the
following information:

(i) The name of each beneficiary, or if a class of beneficiaries is
named, the name of each current beneficiary in the class.

(ii) The address of each beneficiary.

(i117) The relationship of each beneficiary to the insured.

8. A life or endowment insurance policy or annuity contract not
matured by actual proof of the death of the insured or annuitant according
to the company's records is deemed matured and the proceeds are deemed due
and payable and are presumed abandoned after one year if all of the
following conditions apply:

(a) The insured has attained, or would have attained if the insured
were living, the limiting age under the mortality table on which the
reserve is based.

(b) The policy was in force at the time the insured attained or
would have attained the limiting age specified in subdivision (a) of this
paragraph.

(c) Neither the insured nor any other person who appears to have an
interest in the policy within the last year according to the company's
records has assigned, readjusted or paid premiums on the policy or
subjected the policy to a loan, corresponded in writing with the company
concerning the policy or otherwise indicated an interest as evidenced by a
memorandum or any other record on file with and prepared by an employee of
the company.

9. Property that is distributable by a business association or
financial organization in a course of dissolution is presumed abandoned
one year after the property becomes distributable.

10. Property that is received by a court as proceeds of a class
action and that is not distributed pursuant to the judgment is presumed
abandoned one year after the distribution date.

11. Property that is held by a court, government or governmental
subdivision, agency or instrumentality, except for support as defined in
section 25-500 or for spousal maintenance, is presumed abandoned two years
House Amendments to H.B. 2749

ANDO WHY EF

after the property becomes distributable. Monies held for the payment of
warrants by a state agency that remain unclaimed by the owner at the time
of the void date printed on the face of the warrant are presumed
abandoned. For the purposes of this paragraph, governmental subdivision
does not include a special taxing district as defined in section 48-241.

12. Wages or other compensation for personal services is presumed
abandoned one year after the compensation becomes payable.

13. Property in any individual retirement account, defined benefit
plan or other account or plan that qualifies for tax deferral under the
income tax laws of the United States is presumed abandoned two years after
any of the following, whichever occurs first:

(a) The date of the distribution or attempted distribution of the
property.

(b) The date of the required distribution as stated in the plan or
trust agreement that governs the plan.

(c) If determinable by the holder, the date specified in the income
tax laws of the United States by which distribution of the property must
begin in order to avoid a tax penalty.

14. Any amount that is payable on a check, draft or similar
instrument on which a financial organization or business association is
directly liable, including a cashier's check and a certified check, and
that has been outstanding for more than three years after the check, draft
or similar instrument was payable or after issuance if payable on demand
is presumed abandoned unless within three years the owner has communicated
in writing with the financial organization or business association
concerning the check, draft or similar instrument or otherwise indicated
an interest as evidenced by a memorandum or any other record on file and
prepared by an employee of the financial organization or _ business
association.

15. ANY SECURITY OR ([¥HRPUAL—EDRRENEY] [DIGITAL ASSET] THAT CAN
RIGHTFULLY BE CLAIMED IS PRESUMED ABANDONED THREE YEARS AFTER THE INITIAL
DATE THE SECURITY OR [¥#RPOAD—EoRRENEY] [DIGITAL ASSET] BECOMES
CLAIMABLE. THE THREE-YEAR PRESUMPTION OF ABANDONMENT BEGINS WHEN A
WRITTEN OR ELECTRONIC COMMUNICATION IS RETURNED TO THE OWNER’ AS
UNDELIVERABLE BY THE UNITED STATES POSTAL SERVICE, OR EMAIL OR ANY OTHER
ELECTRONIC MESSAGING METHOD, AS APPLICABLE. THE THREE-YEAR PRESUMPTION OF
ABANDONMENT CEASES IMMEDIATELY ON THE EXERCISE OF AN ACT OF OWNERSHIP
INTEREST IN THE SECURITY OR [ERPOAL—EURRENEY] [DIGITAL ASSET] OR BY A
WRITTEN, ORAL OR ELECTRONIC COMMUNICATION WITH THE HOLDER OF THE SECURITY
OR ([ERFUAT—EURRENEY] [DIGITAL ASSET] AND THAT IS EVIDENCED BY A
MEMORANDUM OR OTHER RECORD THAT IS ON FILE WITH THE HOLDER OR THE HOLDER'S
AGENT. FOR THE PURPOSES OF THIS PARAGRAPH, “EXERCISE OF AN ACT OF
OWNERSHIP INTEREST" INCLUDES ANY OF THE FOLLOWING:

(a) THE OWNER TAKING ACTION REGARDING THE SECURITY OR [¥#RFtH4AL
CURRENCY] [DIGITAL ASSET].

(b) CONDUCTING A TRANSACTION REGARDING THE SECURITY OR [¥4R¥UAL
CURRENEY] [DIGITAL ASSET] OR THE ACCOUNT IN WHICH THE SECURITY OR [+ERFOAE

House Amendments to H.B. 2749

ONO WMFeE

PHF HPHSP HPP HPWWWWWWWWW WDM DY DYDD DYDD DY DPR BPP Pe eee
NODOFPWNHMHRFOWO ON A THPWNMFRFOW ANA TAHBRWNMEFOW DANO OBR WHH OW

CURRENCY] [DIGITAL ASSET] IS HELD, INCLUDING DEPOSITING MONIES INTO OR
WITHDRAWING MONIES FROM THE ACCOUNT, WHETHER BY A ONETIME TRANSACTION OR A
RECURRING TRANSACTION THAT WAS PREVIOUSLY AUTHORIZED BY THE OWNER OTHER
THAN AN AUTOMATIC REINVESTMENT OF DIVIDENDS OR INTEREST.

(c) ELECTRONICALLY ACCESSING THE ACCOUNT IN WHICH THE SECURITY OR
[YERTUAT-EORRENET] [DIGITAL ASSET] IS HELD.

(d) CONDUCTING ANY ACTIVITY WITH RESPECT TO ANOTHER ACCOUNT THAT IS
OWNED BY THE OWNER AND HELD BY THE SAME HOLDER.

(e) TAKING ANY OTHER ACTION THAT REASONABLY DEMONSTRATES TO THE
HOLDER THAT THE OWNER KNOWS THE PROPERTY EXISTS.

t5- 16. All other property is presumed abandoned three years after
the owner's rights to demand the property or after the obligation to pay
or distribute the property arises, whichever occurs first.

t6- 17. Excess proceeds deposited with the county’ treasurer
pursuant to section 33-812 are presumed abandoned if the monies remain
with the treasurer for at least two years from the date of deposit and
there is no pending application for distribution.

ty, 18. Any dividend, profit, distribution, interest, redemption,
payment on principal or other sum held or owing by a business association
for or to its shareholder, certificate holder, member, bondholder or other
security holder who has not claimed it, or corresponded in writing with
the business association concerning it, is presumed abandoned three years
after the date prescribed for payment or delivery.

B. At the time that an interest is presumed abandoned under
subsection A of this section, any other property right accrued or accruing
to the owner as a result of the interest, and not previously presumed
abandoned, is also presumed abandoned.

C. Property is unclaimed if, for the applicable period prescribed
in subsection A of this section, the apparent owner has not communicated
in writing with the holder or communicated by other means reflected in a
contemporaneous record that is prepared by or on behalf of the holder and
that concerns the property or the account or accounts in which the
property is held and has not otherwise indicated an interest in the
property and if the holder has not communicated in writing with regard to
the property that would otherwise be unclaimed. A communication with an
owner by a person other than the holder or the holder's representative who
has not identified the property in writing to the owner jis not an
indication of interest in the property by the owner.

D. An indication of an owner's interest in property includes:

1. Fe—presentment—of PRESENTING any check or other instrument of
payment of any dividend or other distribution that is made with respect to
any account, underlying stock or other interest in a business association
or financial organization. If the distribution is made by electronic or
Similar means, an indication of an owner's interest includes evidence that
the distribution has been received.

2. wActtvtty—trected—ty The owner DIRECTING ANY ACTIVITY in the

account in which the property is held, including a direction by the owner

House Amendments to H.B. 2749

to increase, decrease or change the amount or type of property held in the
account.

3. te Making of a deposit to or withdrawal from a bank account.

4. Fre—payment—of PAYING a premium with respect to a property
interest in an insurance policy. The application of an automatic premium
loan provision or any other nonforfeiture provision in an insurance policy
does not prevent a policy from maturing or terminating if the insured has
died or if the insured or the beneficiary of the policy has otherwise
become entitled to the proceeds before the depletion of the cash surrender
value of a policy by the application of those provisions.

E. Property is payable or distributable notwithstanding the owner's
failure to make demand or present an instrument or document otherwise
required to obtain payment.

Sec. 3. Section 44-308, Arizona Revised Statutes, is amended to
read:

44-308. Payment or delivery of abandoned property

A. On filing the report prescribed in section 44-307, the holder of
property that is presumed abandoned shall pay, deliver or cause to be paid
or delivered to the department the property described in the report as
unclaimed. If the property is an automatically renewable deposit and a
penalty or forfeiture in the payment of interest would result, the time
for compliance is extended until a penalty or forfeiture would no longer
result. The holder of tangible property held in a safe deposit box or any
other safekeeping depository shall deliver the property to the department
on filing the report prescribed in section 44-307.

B. If the property reported to the department is a security or
security entitlement pursuant to title 47, chapter 8, the department may
make an endorsement, instruction or entitlement order on behalf of the
apparent owner to invoke the duty of the issuer or its transfer agent or
the securities intermediary to transfer or dispose of the security or the
security entitlement in accordance with title 47, chapter 8.

C. If the holder of property reported to the department is the
issuer of a certificated security, the department has the right to obtain
a replacement certificate pursuant to section 47-8405, but an indemnity
bond is not required.

D. IF THE PROPERTY REPORTED TO THE DEPARTMENT IS [¥#RFUAC-EURRENEY]
[DIGITAL ASSET], THE HOLDER SHALL REPORT AND DELIVER THE [*+4RFOAE
CURRENCY] [DIGITAL ASSET] IN ITS NATIVE FORM TO THE DEPARTMENT OR THE
DEPARTMENT'S DESIGNATED QUALIFIED CUSTODIAN WITHIN THIRTY DAYS AFTER
REPORTING THE PROPERTY ABANDONED. [THE QUALIFIED CUSTODIAN, ON THE
EXER F DUE DILIGENCE, MAY STAKE, AIRDROP OR EST E DIGI A
HELD IN A LOW-RISK MANNER. UPON THE EXPIRATION OF THREE YEARS FROM THE
DATE THE DIGITAL ASSET WAS TRANSFERRED TO THE QUALIFIED CUSTODIAN AND IF

THE PROPERTY REMAINS UNCLAIMED, ANY AIRDROPS, STAKING REWARDS OR INTEREST
EARNED SHALL BE TRANSFERRED TO THE BITCOIN AND DIGITAL ASSET RESERVE FUND

ESTABLISHED IN SECTION 41-180.] IF THE HOLDER ONLY POSSESSES A PARTIAL
PRIVATE KEY TO THE [¥FRPOAT-EURRENEY] [DIGITAL ASSET] OR IS UNABLE TO MOVE

House Amendments to H.B. 2749

ANDO HP WHY FP

THE [VERTUAL—CURRENEY] [DIGITAL ASSET], THE HOLDER SHALL MAINTAIN THE
LVERTOAL—EDRRENEY] [DIGITAL ASSET] UNTIL THE ADDITIONAL KEYS REQUIRED TO
TRANSFER THE [¥ERPOAL-CURRENEY] [DIGITAL ASSET] BECOME AVAILABLE. FOR THE
PURPOSES OF THIS SUBSECTION, “QUALIFIED CUSTODIAN" MEANS ANY OF THE
FOLLOWING THAT IS LICENSED IN THIS STATE TO SELL [AHRRFOAP CURRENCY]
[DIGITAL ASSET] AND OFFER CUSTODY SERVICES TO CUSTOMERS:

1. A COMPANY.

2. A FEDERAL OR STATE CHARTERED BANK.

3. A TRUST COMPANY.

4. A SPECIAL PURPOSE DEPOSITORY INSTITUTION.

B> £. An issuer, the holder and any transfer agent or other person
who acts pursuant to the instructions and on behalf of the issuer or
holder in accordance with this section are not liable to the apparent
owner and are indemnified against all claims of any person in accordance
with section 44-310.

t> F. Each month a holder of property reported pursuant to section
44-307, subsection H shall remit the property with the report of property
presumed abandoned or other form prescribed by the department.

Sec. 4. Section 44-312, Arizona Revised Statutes, is amended to
read:

44-312. Public sale of abandoned property: prohibition

A. Except as otherwise provided in this section, within three years
after receiving abandoned property the department shall sell the property
to the highest bidder at a public sale at a location in this state that in
the judgment of the department affords the most favorable market for the
property. The department may decline the highest bid and reoffer the
property for sale if the department considers the bid to be insufficient.
The department is not required to offer the property for sale if the
department determines that the probable cost of the sale will exceed the
proceeds from the sale. Before conducting a sale pursuant to this
section, the department shall cause a notice to be published at least
three weeks before the sale in a newspaper of general circulation in the
county in which the sale will occur.

B. The department shall sell securities that are listed on an
established stock exchange at prices prevailing on the exchange at the
time of the sale. The department may sell other securities over the
counter at prices prevailing at the time of the sale or by any reasonable
method selected by the department.

C. THE DEPARTMENT MAY NOT SELL A SECURITY OR [+ERFOAL—CHRRENC+]
[DIGITAL ASSET] LISTED ON AN ESTABLISHED STOCK OR A_ [AHRRFOAL—EURRENET]
[DIGITAL ASSET] EXCHANGE FOR LESS THAN THE PREVAILING PRICE THAT IS LISTED
ON THE EXCHANGE AT THE TIME OF SALE. THE DEPARTMENT MAY SELL A SECURITY
OR [ERFUAC—CURRENET] [DIGITAL ASSET] NOT LISTED ON AN’ ESTABLISHED
EXCHANGE BY ANY COMMERCIALLY REASONABLE METHOD.

€- D. A person who makes a claim pursuant to this chapter for
securities is entitled to receive from the department the securities that
the holder delivered to the department if the securities remain in the

-10-
House Amendments to H.B. 2749

ODO MO ON DOP WMH HF

ee

T2

department's custody or the person is entitled to receive the net proceeds
of the sale. Except in a case of intentional misconduct or malfeasance by
the department, the person is not entitled to receive any appreciation in
the value of the property that occurred after the delivery to the
department.

B> £€. A purchaser of property at a sale conducted by the
department pursuant to this chapter takes the property free of all claims
of the owner or previous holder and of all persons claiming through or
under the owner or previous holder. The department shall execute all
documents necessary to complete the transfer of ownership.

Enroll and engross to conform
Amend title to conform

JEFF WENINGER

2749WENINGER. docx
02/10/2025

01:57 PM

PB/1s

He:

-ll-
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2749

DATE February 11, 2025 MOTION: J PA

NAY PRESENT | ABSENT

>
x
m

PASS

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

-IAARAARKAAL A

O O O

—

.

APPROVED: COMMITTEE SEGRETARY

Vb / gan

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. {
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2683: businesses; requirement to accept cash
Sponsor: Representative Chaplik, LD 3
Committee on Commerce

Overview
Stipulates that cash must be accepted as a form of payment by businesses located in this

state.

History
Statute defines legal tender as a medium of exchange, including specie, that is authorized by

the United States Constitution or Congress for payment of debts, public charges, taxes and

dues (A.R.S. § 6-851).

Legal tender is federally defined as United States coins and currency (including Federal
reserve notes and circulating notes of Federal reserve banks and national banks) are legal
tender for all debts, public charges, taxes and dues. Foreign gold or silver coins are not legal
tender for debts (31 U.S.C. § 5103).

Provisions
1. Requires a retail business with a physical location in this state to accept cash as a form

of payment for goods and services with an aggregate value of $100 or less. (Sec. 2)

2. Prohibits the retail business from charging a fee or penalty for using cash as a form of
payment. (Sec. 2)

3. Asserts any person has cause of action against the person that violates the requirement

to accept cash if:
a) denied the right to use cash as a form of payment; or
b) charged a fee or penalty for using cash as a form of payment. (Sec. 2)

4. Stipulates that a person who violates the requirement to accept cash is liable for damages
for each violation in an amount of:
a) $1,000 but not more than $1,000 per person per day; or
b) $5,000 per person total. (Sec. 2)

5. Entitles the prevailing plaintiff in an action to recover reasonable attorney fees and costs.
(Sec. 2)

6. Directs the court to annually adjust the prescribed liability damage amounts for inflation
in accordance with the Consumer Price Index. (Sec. 2)

7. Specifies that the requirement for a retail business to accept cash does not apply to:
a) awritten contract between two parties that dictates the acceptable form of payment;

or

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

HB 2683
Initials PB Page 1 Commerce

ATTACHMENT |5
b) the online sale of goods or services. (Sec. 2)
8. Defines retail business. (Sec. 2)

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

HB 2683
Initials PB Page 2 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON

Commerce

BILL NO. __ HB 2683

DATE February 11, 2025

MOTION: DP

PASS

>
a
m

NAY

PRESENT | ABSENT

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

PROVED:

Dra

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

S AAAAAKAARAKY

O

© O

COMMITTEE Lec

ATTACHMENT. A

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2411: alcohol consumption; golf courses
Sponsor: Representative Kolodin, LD 3
Committee on Commerce

Overview
Permits certain golf courses to allow patrons to bring their own spiritous liquor onto the golf

course.

History
The Department of Liquor Licenses and Control regulates the manufacture, distribution and

sale of liquor in Arizona through the issuance of a series of licenses and investigating licensee
compliance with liquor laws. Certain liquor licenses have on-sale retail privileges allowing a
customer to purchase and consume liquor on the licensed premises.

A retailer is prohibited from knowingly allowing a customer to bring spirituous liquor onto
the licensed premises, except that an on-sale retailer may allow a wine and food club to bring
wine onto the premises for consumption by the club's members and guests of the club's
members in conjunction with meals purchased at a meeting of the club that is conducted on
the premises and that at least seven members attend (A.R.S. § 4-244).

Provisions
1. Authorizes golf courses that are at least one thousand yards in size and that are an on-

sale retailer to allow patrons to bring and consume, on the premises, spirituous liquor
that is purchased at a location outside of the golf course. (Sec. 1)

2. Includes a legislative findings clause. (Sec. 3)
Cites this act as the Inflation Reduction Act of 2025. (Sec. 3)
4, Makes conforming changes. (Sec. 2)

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

HB 2411
Initials PB Page 1 Commerce

ATTACHMENT |]
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2411

DATE February 11, 2025 MOTION: D P

PASS AYE NAY PRESENT | ABSENT

Aguilar

Blackman

Cavero

Connolly

VA

Diaz

Hendrix

WA

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

AKAK) AN AKIN

Z| O O

He had Sf CRETARY

ATTACHMENT. / rf

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2748: ticket sales; resellers; website requirements
Sponsor: Representative Weninger, LD 13
Committee on Commerce

Overview
Requires an operator to deliver an electronic ticket to the purchaser on receipt of an order

confirmation.

History
A person is prohibited from using or creating a bot to: 1) purchase tickets in excess of the

posted limit for an online ticket sale; 2) use multiple internet protocol addresses, multiple
purchaser accounts or multiple email addresses to purchase tickets in excess of the posted
limit for an online ticket sale; 3) circumvent or disable an electronic queue, waiting period,
presale code or other sales volume limitation system associated with an online ticket sale;
and 4) circumvent or disable a security measure, access control system or other control or
measure that is used to validate that the ticket is not fraudulent (A.R.S. § 44-7202).

Statute prohibits a person from selling an entertainment event ticket purchased for the
purpose of resale for a price that exceeds the face value of the ticket, including taxes and
other charges, while being within 200 feet of entry to the venue where the event is being held
or the venue's parking area. Additionally, a person may not alter a ticket's printed price
without the original vendor's written consent. A person who violates the prohibitions is guilty
of a petty offense (A.R.S. § 13-3718).

Provisions
1. Instructs an operator to deliver an electronic ticket to the purchaser on receipt of an order

confirmation. (Sec. 2)

2. Defines operator as:
a) a person or entity, that owns, operates or controls a place of entertainment or that

promotes or produces entertainment and that sells a ticket to an event for original

sale; and
b) an employee of an operator. (Sec. 1)

3. Defines original sale as the first sale of a ticket by an operator. (Sec. 1)

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

HB 2748
Initials PB Page 1 Commerce

> arracument /7
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. HB 2748

DATE February 11, 2025 MOTION: Db P

PASS

>
x
m

NAY PRESENT | ABSENT

%

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

Ziloela

“PY |ANI\L ARK IN

APPROVED: ail COMMITTEE SECRETARY

\.ofb/Wg

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

|

ATTACHMENT__2.0)
ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2447: self-certification program; administrative review
Sponsor: Representative Carbone, LD 25
Committee on Commerce

Overview
Requires, rather than allows, a municipality to authorize administrative personnel to

perform specified duties.

History

Current statute requires each municipality's planning agency and governing body to prepare
and adopt, in coordination with the Arizona State Land Department, a comprehensive, long-
range general plan for the development of the municipality. The general plan must include a
statement of community goals and development policies, including maps and plan proposals

(A.R.S. § 9-461.05).

A municipality's legislative body must regulate the subdivision of all lands within its
corporate limits and exercise its authority by ordinance to prescribe: 1) procedures to be
followed in the preparation, submission, review and approval or rejection of all final plats; 2)
standards governing the design of subdivision plats; and 3) minimum requirements and
standards for installation of subdivision streets, sewer and water utilities and improvements
as a condition of final plat approval (A.R.S. § 9-463.01).

Provisions
1. Requires, rather than allows, the legislative body of a city or town to authorize

administrative personnel to review and approve without a public hearing:

a) site and development plans, land divisions, lot lines and ties and preliminary and final
plats; and

b) design review plans based on objective standards. (Sec. 1)

2. Maintains the ability of the legislative body of a city or town to adopt a self-certification
program allowing registered architects and professional engineers to certify and be
responsible for compliance with all applicable ordinances and construction standards for
projects that the ordinance identifies as being qualified for self-certification. (Sec. 1)

3. Provides a definition for license. (Sec. 1)

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

HB 2447
Initials PB Page 1 Commerce

‘ATTACHMENT 2
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

COMMITTEE ON

ROLL CALL VOTE

Commerce

BILL NO. __HB 2447

DATE

February 11, 2025

motion: AP

PASS AYE

NAY PRESENT | ABSENT

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

APPROVED:

Vu

POINKIAIY AIQIAIA

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. ZZ,

ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature
First Regular Session

HB 2233: elevator contractors; elevator mechanics; regulation
Sponsor: Representative Hendrix, LD 14
Committee on Commerce

Overview
Applies Registrar of Contractors (ROC) licensing requirements to an elevator contractor.

History
The Industrial Commission of Arizona Division of Occupational Safety and Health enforces

all standards and regulations relating to elevator safety conditions. An owner and operator
of a conveyance, which includes an elevator, escalator, stage lift and special purposes
personnel elevator, is statutorily required to: 1) construct, furnish, maintain and provide safe
and adequate devices with which to safely and properly convey or move all persons and
material utilizing the services offered by the owner or operator of such device; 2) comply with
statutory standards and regulations; and 3) ensure that a conveyance is properly inspected.

(A.R.S. § 23-491.02).

The ROC licenses and regulates residential and commercial contractors. The ROC is required
to: 1) classify and qualify applicants for a license; 2) change the license classification in the
case of a title reclassification; and 3) conduct investigations to protect the health and safety
of the public. Prior to license issuance by the ROC, a qualifying party must: 1) have a
minimum of four years' practical or management trade experience, at least two of which must
have been within the last ten years, dealing specifically with the type of construction, or its
equivalent, for which the applicant is applying for a license; and 2) successfully show
qualification in the kind of work for which the applicant proposes to contract, general
knowledge of the building, safety, health and lien laws, demonstrate knowledge and
understanding of construction plans, standards of construction work and specifications
applicable to the particular industry or craft (Title 32, Chapter 10, A.R.S.).

The ROC applies different license classifications for commercial and residential work for each
particular trade or field of a construction science profession. The Elevators Classification R-
12 and C-12 allows the licensee to install and repair elevators, dumbwaiters, escalators,
moving walks and ramps and stage and orchestra lifts.

Provisions
1. Adds the requirement for an owner and operator of a conveyance to ensure that the

conveyance is installed, serviced or repaired by an elevator contractor and elevator
mechanic. (Sec. 2)

2. Specifies the exemption from ROC licensing requirements does not apply to work that is
done by an elevator contractor or elevator mechanic, including the installation, service
and repair of elevators or elevator equipment. (Sec. 4, 5)

C1 Prop 105 (45 votes) 0 Prop 108 (40 votes) O Emergency (40 votes) O Fiscal Note

HB 2233
Initials PB Page 1 Commerce

ATTACHMENT 2.3
3. Adds that the installation, service and repair of elevators or elevator equipment do not
include routine work that is conducted by an employee of an elevator contractor and that
does not involve the actual physical installation, maintenance and repair of elevators.

(Sec. 4, 5)

4. Deems it unlawful for a person, other than an elevator mechanic working under the direct
supervision of a licensed elevator contractor, to:
a) erect, construct, alter, replace, maintain, remove or dismantle any elevator or related
conveyance contained within buildings or structures in this state; and
b) wire any elevator or related conveyance from the mainline feeder terminals on the

controller. (Sec. 6)

5. Adds the unlawful activities relating to erecting, constructing or wiring any elevator do
not apply to the removal or dismantling of conveyances that are destroyed as a result of
a demolition of a secured building or structure or for which the hoistway or wellway is
demolished back to the basic support structure whereby no access is allowed to the basic
support structure to endanger the safety and welfare of a person. (Sec. 6)

6. Defines conveyance, elevator, elevator contractor and elevator mechanic. (Sec. 1, 3)

Makes technical and conforming changes. (Sec. 1, 2, 3)

HB 2233
Initials PB Page 2 Commerce
Fifty-seventh Legislature Commerce
First Regular Session H.B. 2233

PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2233
(Reference to printed bill)

Amendment instruction key:
[GREEN UNDERLINING IN BRACKETS] indicates text added to statute or
previously enacted session law.
[Green underlining in brackets] indicates text added to new session law
or text restoring existing law.
[GREEN-STRIKEGUT-FY-BRAEKETS] indicates new text removed from statute
or previously enacted session law.
[Green—strikeort—ir_trackets] indicates text removed from existing statute,
previously enacted session law or new session law.
<<Green carets>> indicate a section added to the bill.
<<freen—str7kevut—i1rcarets>> indicates a section removed from the bill.

1 The bill as proposed to be amended is reprinted as follows:

2 Section 1. Section 23-491, Arizona Revised Statutes, is amended to
3 read:

4 23-491. Definitions

5 In this article, unless the context otherwise requires:

6 1. “Authorized representative" means the elevator chief = and
7 elevator inspector employed by the division.

8 2. "Certificate" means a certificate of inspection issued by the
9 division.

10 3. "Commission" means the industrial commission of Arizona.

11 4. "Conveyance":

12 (a) Means an elevator, dumbwaiter, escalator, moving walk, manlift,

13 personnel hoist, material hoist, stage lift and special purpose personnel
14 elevator. >—exctoting

L5 (b) DOES NOT INCLUDE conveyances located at mines amt THAT ARE
16 subject to regulation and inspection by the state mine inspector pursuant
17 to title 27, chapter 3.

18 5. "Director" means the director of the division of—occupatroret
19 safety—anctteattr.

20 6. "Division" means the division of occupational safety and health
21 of the tmetrstrvet commission.

22 7. “Dumbwaiter" means a hoisting and lowering mechanism with a car
23 of limited capacity and size that moves in guides in a_ substantially
24 vertical direction and that is used exclusively for carrying material.

25 8. "Elevator" means a hoisting and lowering mechanism equipped with
26 a car or platform that moves in guides in substantially vertical direction
27 and that serves two or more floors of a building or structure.

ATTACHMENT 2.4
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9. “Elevator company" means a person that is engaged in the
business of erecting, constructing, installing, altering, servicing,
repairing or maintaining conveyances.

10. “ELEVATOR CONTRACTOR" MEANS A PERSON THAT HAS BEEN ISSUED AN
ELEVATOR CONTRACTOR'S LICENSE PURSUANT TO TITLE 32, CHAPTER 10 AND THAT
EMPLOYS AT LEAST ONE ELEVATOR MECHANIC.

11. "ELEVATOR MECHANIC" MEANS AN INDIVIDUAL WHO IS QUALIFIED
[PURSUANT TO RULES ADOPTED BY THE REGISTRAR OF CONTRACTORS] TO ENGAGE IN
ERECTING, CONSTRUCTING, INSTALLING, ALTERING, SERVICING,
REPAIRINGL, TESTING] OR MAINTAINING CONVEYANCES.

té- 12. "Escalator" means a power—trtver POWER-DRIVEN, inclined,
continuous stairway used for raising or lowering passengers.

tt 13. “Interested party" means the commission and its agents and
the owner or operator who has been issued a correction order.

t2> 14. “"Manlift" means a device tomststimg THAT CONSISTS of a
power—tirtverr POWER-DRIVEN endless belt moving in one direction only and
provided witt steps or platforms and attached handholds ‘for—the
tramsportattor—of AND THAT TRANSPORTS personnel from floor to floor.

ts, «15. ="Material hoist":

(a) Means a hoist for raising and lowering materials only. and

re re-heketel fc

(b) DOES NOT INCLUDE A DEVICE THAT HOISTS persons.

t+ 16. “Moving walk" means a type of passenger—catrrytg
PASSENGER-CARRYING device on which passengers stand or walk and in which
the passemger—carrytrg PASSENGER-CARRYING surface remains parallel to its
direction of motion and is uninterrupted.

t5- 17. "Owner" or "operator":

(a) Means an individual or organization, including this state and
all political subdivisions of this state, who THAT has title to, controls
or has the duty to control the operation of one or more conveyances. >—but
stratt

(b) DOES not include an individual or organization THAT IS engaged
in mining or metallurgical operations whose operation is subject to
regulation and inspection by the state mine inspector pursuant to title
27, chapter 3.

t6- 18. "Personnel hoist":

(a) Means a mechanism for—rse THAT IS USED in connection with the
construction, alteration, maintenance[, TESTING] or demolition of a
building, structure or other work, THAT IS used for hoisting and lowering
workers and materials and THAT IS equipped with a car that moves on guide
members during its vertical movement. te-term

(b) Includes a hoistway of a personnel hoist.

ty 19. "Private elevator inspector" means an individual who is
authorized by the commission under’ section 23-491.16 to conduct
inspections under this article.

tTé> 20. "Special purpose personnel elevator" means a passenger,

tramd—powered HAND-POWERED, counterweighted device or an etectrit—powered

House Amendments to H.B. 2233

ANA nNHPWNMPeFE

ELECTRIC-POWERED device that travels vertically in guides and that serves
two or more landings.

t8y 21. "Stage lift" means a hoisting and lowering mechanism
equipped with a platform that moves in guides in a substantially vertical
direction and that serves one or more landings.

Sec. 2. Section 23-491.02, Arizona Revised Statutes, is amended to
read:

23-491.02. Owners and operators; duties

fvery EACH owner and operator of a conveyance shall:

1. Construct, furnish, maintain and provide safe and adequate
devices with which to safely and properly convey or move all persons and
material wtttizig USING the services offered by the owner or operator of
such device DEVICES.

2. Comply with all standards and regulations issued pursuant to
this article.

3. Ensure that a- THE conveyance is inspected at all of the
following times:

(a) Before placing a~ THE conveyance in operation after the initial
installation of the conveyance.

(b) After modification or alteration of a~ THE conveyance.

(c) After the inspection pursuant to subdivision (a) OF THIS
PARAGRAPH, annually or as otherwise directed by the commission.

4. ENSURE THAT THE CONVEYANCE IS INSTALLED, SERVICED OR REPAIRED BY
AN ELEVATOR CONTRACTOR AND ELEVATOR MECHANIC IN ACCORDANCE WITH THIS
ARTICLE AND THE RULES ADOPTED PURSUANT TO THIS ARTICLE.

Sec. 3. Section 32-1101, Arizona Revised Statutes, is amended to
read:

32-1101. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Advertisement":

(a) Means any written or _ oral publication, dissemination,

solicitation or circulation that is intended to directly or indirectly
induce any person to enter into an agreement for contracting services with
a contractor. >—tmetodTs

(b) INCLUDES business cards and telephone directory display
advertisements.

2. “Commercial contractor" is synonymous with the terms “commercial
builder", “industrial builder" and “public works builder" and means any
person, firm, partnership, corporation, association or other organization,
or a combination of any of them, that, for compensation, undertakes to or
offers to undertake to, purports to have the capacity to undertake to,
submits a bid or responds to a request for qualification or a request for
Proposals for construction services to, does himself or by or through
others, or directly or indirectly supervises others, except within
residential property lines, to:

(a) Construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish any building, highway, road, railroad, excavation or
House Amendments to H.B. 2233

ONO WMH PFE

other structure, project, development or improvement, or to do any part
thereof, including the erection of scaffolding or any other structure or
work in connection with the construction.

(b) Connect such a structure or improvements to utility service
lines and metering devices and the sewer line.

(c) Provide mechanical or structural service for any such structure
or improvements.

3. "Contractor":

(a) Is synonymous with the term "builder" and means any person,
firm, partnership, corporation, association or other organization, or a
combination of any of them, that, for compensation, undertakes to or
offers to undertake to, purports to have the capacity to undertake to,
submits a bid or responds to a request for qualification or a request for
proposals for construction services to, does himself or by or through
others, or directly or indirectly supervises others to:

(i) Construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish any building, highway, road, railroad, excavation or
other structure, project, development or improvement, or to do any part
thereof, including the erection of scaffolding or any other structure or
work in connection with the construction.

(ii) Connect such a structure or improvements to utility service
lines and metering devices and the sewer line.

(iii) Provide mechanical or structural service for any such
structure or improvements.

(b) Includes subcontractors, specialty contractors, floor covering
contractors, hardscape contractors and consultants who represent that they
are able to supervise or manage a construction project for the property
owner's benefit, including hiring and firing specialty contractors,
scheduling work on the project and selecting and purchasing construction
material.

4. "CONVEYANCE" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-491.

a> 5. “Dual licensed contractor" is synonymous with the term
"commercial and residential builder" and means any person,’ firm,
partnership, corporation, association or other organization, or a
combination of any of them, that for compensation undertakes to or offers
to undertake to, purports to have the capacity to undertake to, submits a
bid or responds to a request for qualification or a request for proposals
for construction services to, does himself or by or through others, or
directly or indirectly supervises others under a single license on
commercial or residential property to:

(a) Construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish any building, excavation or other’ structure or
improvement, including any appurtenances, or to do any part thereof.

(b) Connect such a structure or improvements to utility service
lines and metering devices and the sewer line.

(c) Provide mechanical or structural service for any such structure
or improvements.
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ANAT WNMYFE

6. "ELEVATOR" HAS THE SAME MEANING PRESCRIBED IN SECTION 23-491.

7. “ELEVATOR CONTRACTOR" MEANS A PERSON THAT IS ISSUED AN ELEVATOR
CONTRACTOR'S LICENSE AND THAT EMPLOYS AT LEAST ONE ELEVATOR MECHANIC.

8. “ELEVATOR MECHANIC" MEANS AN INDIVIDUAL WHO IS QUALIFIED
[PURSUANT TO RULES ADOPTED BY THE REGISTRAR OF CONTRACTORS] TO ENGAGE IN
ERECTING, CONSTRUCTING, INSTALLING, ALTERING, SERVICING, REPAIRING[..
TESTING] OR MAINTAINING ELEVATORS AND RELATED CONVEYANCES.

S> 9. “License" means an authorization for the person who is
listed on the electronic, paper or other records maintained by the
registrar to act in the capacity of a contractor.

6- 10. “Named on a license" means required—to—tbe identified AS
REQUIRED pursuant to section 32-1122, subsection B.

7 «11. "Person" means a corporation, company, partnership, firm,
association, trust, society or natural person.

@> 12. “Qualifying party" means a person who is responsible for a
licensee's actions and conduct performed under the license and who either:

(a) Has an ownership interest in the license.

(b) Is regularly employed by the licensee.

S> #13. \“"Registrar" means the registrar of contractors.

té- 14. "Residential contractor":

(a) Is synonymous with the term “residential builder" and means any
person, firm, partnership, corporation, association or other organization,
or a combination of any of them, that for compensation undertakes to or
offers to undertake to, purports to have the capacity to undertake to,
submits a bid or responds to a request for qualification or a request for
proposals for construction services to, or does himself or by or through
others, within residential property lines:

(i) Construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish any residential structure, such as houses, townhouses,
condominiums or cooperative units and any appurtenances on or within
residential property lines.

(ii) Connect such a residential structure to utility service lines,
metering devices or sewer lines.

(iii) Provide mechanical or _ structural service for any such
residential structure.

(b) Does not include an owner making improvements to the owner's
property pursuant to section 32-1121, subsection A, paragraph 5.

B. Only contractors as defined in this section are licensed and
regulated by this chapter.

Sec. 4. Section 32-1121, Arizona Revised Statutes, as amended by
Laws 2019, chapter 140, section 1, is amended to read:

32-1121. Persons not required to be licensed; penalties;

applicability

A. This chapter does not apply to:

1. An authorized representative of the United States government,
this state or any county, incorporated city or town, reclamation district,

House Amendments to H.B. 2233

OANaDTHR WN FE

irrigation district or other municipality or political subdivision of this
state.

2. Trustees of an express trust that is not formed for the purpose
of conducting business as a contractor or officers of a court, if they are
acting within the terms of their trust or office.

3. Public utilities operating under regulation of the corporation
commission or construction, repair or operation incidental to discovering
or producing petroleum or gas, or drilling, testing, abandoning or
otherwise operating a petroleum or gas well, if performed by an owner or
lessee.

4. Any materialman, manufacturer or retailer that’ furnishes
finished products, materials or articles of merchandise and that does not
install or attach such items or installs or attaches such items if the
total value of the sales contract or transaction involving such items and
the cost of the installation or attachment of such items to a structure
does not exceed $1,000, including labor, materials and all other items,
but excluding any electrical fixture or appliance that was designed by the
manufacturer, that is unaltered, unchanged or unmodified by any person,
that can be plugged into a common household electrical outlet using a
two-pronged or three-pronged electrical connector or that has internal
batteries that do not exceed twelve volts in a single, series or parallel
configuration and that does not use any other form of energy, including
natural gas, propane or other petroleum or gaseous fuel, to operate or is
attached by a nail, screw or other fastening device to the frame or
foundation of any residential structure. The materialman, manufacturer or
retailer shall inform the purchaser that the installation may also be
performed by a licensed contractor whose name and address the purchaser
may request.

5. Owners of property who improve such property or who build or
improve structures or appurtenances on such property and who do the work
themselves, with their own employees or with duly licensed contractors, if
the structure, group of structures or appurtenances, including’ the
improvements thereto, are intended for occupancy solely by the owner and
are not intended for occupancy by members of the public as the owner's
employees or business visitors and the structures or appurtenances are not
intended for sale or for rent. In all actions brought under this chapter,
except an action against an owner-occupant as defined in section 33-1002,
proof of the sale or rent or the offering for sale or rent of any such
structure by the owner-builder within one year after completion or
issuance of a certificate of occupancy is prima facie evidence that such a
project was undertaken for the purpose of sale or rent. For the purposes
of this paragraph, "sale" or "rent" includes any arrangement by which the
owner receives compensation in money, provisions, chattels or labor from
the occupancy or the transfer of the property or the structures on the
property.

6. Owners of property who are acting as developers and who build
structures or appurtenances to structures on their property for the
House Amendments to H.B. 2233

ONO TNHP WN FE

purpose of sale or rent and who contract for such a project with a general
contractor licensed pursuant to this chapter and owners of property who
are acting as developers, who improve structures or appurtenances to
structures on their property for the purpose of sale or rent and who
contract for such a project with a general contractor or specialty
contractors licensed pursuant to this chapter. To qualify for _ the
exemption under this paragraph, the licensed contractors' names and
license numbers shall be included in all sales documents.

7. Architects or engineers who are engaging in their professional
practice as defined in chapter 1 of this title and who hire or offer to
hire the services of a contractor for preconstruction activities relating
to investigation and discovery, including:

(a) Subsurface utility location and designation services.

(b) Potholing.

(c) Drilling for any of the following:

(i) Soil samples.

(ii) Rock samples.

(iii) Pavement samples.

(d) Locating existing features of a building or_ structure,
including existing electrical, mechanical, plumbing and_— structural
members.

8. A person licensed, certified or registered pursuant to title 3,
chapter 20 or a person working under the direct supervision of a person
certified or qualified pursuant to title 3, chapter 20 to the extent the
person is engaged in pest management.

9. The sale or installation of finished products, materials or
articles of merchandise that are not fabricated into and do not become a
permanent fixed part of the structure. This exemption does not apply if a
local building permit is required, if the total price of the finished
product, material or article of merchandise, including labor but excluding
any electrical fixture or appliance that was designed by the manufacturer,
that is unaltered, unchanged or unmodified by any person, that can be
plugged into a common household electrical outlet using a two-pronged or
three-pronged electrical connector or that has internal batteries that do
not exceed twelve volts in a single, series or parallel configuration and
that does not use any other form of energy, including natural gas, propane
or other petroleum or gaseous fuel, to operate or is attached by a nail,
screw or other fastening device to the frame or foundation of any
residential structure, is more than $1,000 or if the removal of the
finished product, material or article of merchandise causes material
damage to the structure or renders the structure unfit for its intended
use.

10. Employees of the owners of condominiums, townhouses,
cooperative units or apartment complexes of four units or less or the
owners' management agent or employees of the management agent repairing or
maintaining structures owned by them.
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ANAT WDM Fe

11. Any person who engages in the activities regulated by this
chapter, as an employee of an exempt property owner or as an employee with
wages as the person's sole compensation. [THTS—PARAGRAPHBCES—HOT HPP

FHSTACCATT ON HATH ENANEE-ANB-REPATR-6F-ELEVATFEORS = J

12. A surety company or companies that are authorized to transact
business in this state and that undertake to complete a contract on which
they issued a performance or completion bond if all construction work is
performed by duly licensed contractors.

13. Insurance companies that are authorized to transact business in
this state and that undertake to perform repairs resulting from casualty
losses pursuant to the provisions of a policy if all construction work is
performed by duly licensed contractors.

14. Any person other than a licensed contractor engaging in any work
or operation on one undertaking or project by one or more contracts, for
which the aggregate contract price, including labor, materials and all
other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified
by any person, that can be plugged into a common household electrical
outlet using a two-pronged or three-pronged electrical connector or that
has internal batteries that do not exceed twelve volts in a single, series
or parallel configuration and that does not use any other form of energy,
including natural gas, propane or other petroleum or gaseous fuel, to
operate or is attached by a nail, screw or other fastening device to the
frame or foundation of any residential structure, is 1less_ than
$1,000. The work or operations that are exempt under this paragraph shall
be of a casual or minor nature. This exemption does not apply:

(a) In any case in which the performance of the work requires a
local building permit.

(b) In any case in which the work or construction is only a part of
a larger or major operation, whether undertaken by the same or a different
contractor, or in which a division of the operation is made in contracts
of amounts less than $1,000, excluding any electrical fixture or appliance
that was designed by the manufacturer, that is unaltered, unchanged or
unmodified by any person, that can be plugged into a common household
electrical outlet using a two-pronged or _ three-pronged electrical
connector or that has internal batteries that do not exceed twelve volts
in a single, series or parallel configuration and that does not use any
other form of energy, including natural gas, propane or other petroleum or
gaseous fuel, to operate or is attached by a nail, screw or other
fastening device to the frame or foundation of any residential structure,
for the purpose of evasion of this chapter or otherwise.
House Amendments to H.B. 2233

ANAT WNDY EF

(c) To a person who uses any form of advertising to the public in
which the person's unlicensed status is not disclosed by including the
words "not a licensed contractor" in the advertisement.

15. A person who is licensed, certified or registered pursuant to
title 41, chapter 37, article 4 and who is not otherwise required to be
licensed under this chapter or an employee of such person.

16. A person who functions as a gardener by performing lawn, garden,
shrub and tree maintenance.

17. Alarm agents as defined in section 32-101.

18. Cable television, satellite television and telecommunications
providers, including data and related services of cable television,
satellite television and telecommunications providers including
contractors and subcontractors of cable television, satellite television
and telecommunications providers if the work of the contractors and
subcontractors is limited to installing low-voltage cable, telephone
services, internet services and data service. ‘trstattetron INSTALLING
does not include digging, trenching, grading, horizontal boring,
compacting or filling earthen or other material before the service drop of
the commercial or residential structure.

B. A person who is licensed to perform work in a particular trade
pursuant to this chapter is not required to obtain and maintain a separate
license for mechanical or structural service work the person performs
within the scope of that trade.

C. Any person who does not have an exemption from licensure
pursuant to subsection A, paragraph 14, subdivision (c) of this section is
subject to prosecution for a violation of section 44-1522. The attorney
general may investigate the act or practice and take appropriate action
pursuant to title 44, chapter 10, article 7.

D. The exemptions from licensure pursuant to subsection A,
paragraphs 4, 9 and 14 of this section do not apply to [evtter] [ANY] of
the following:

1. All fire safety and mechanical, electrical and plumbing work
that is done in connection with fire safety installation and fire safety
maintenance and repair. For the purposes of this paragraph, "fire safety
installation" means hardwired or interconnected smoke alarms and fire
sprinklers and does not include an individual device that is attached by a
nail, screw or other fastening device to the frame or foundation of any
residential unit. For the purposes of this paragraph, fire safety
maintenance and repair does not include routine work that is conducted by
an employee of an apartment or condominium complex and that is incidental
to the fire safety equipment.

2. All work done, including installing, maintaining and repairing
devices, appliances or equipment, that involves connecting to any supply
of natural gas, propane or other petroleum or gaseous fuel. This
paragraph does not impact the effect of section 36-1624.01.

[3. ALL WORK THAT IS DONE BY AN ELEVATOR CONTRACTOR OR ELEVATOR
MECHANIC, INCLUDING THE INSTALLATION, SERVICE, TESTING AND REPAIRS OF

House Amendments to H.B. 2233

ANA THPWNMH Fe

ELEVATORS OR ELEVATOR EQUIPMENT. THE INSTALLATION, SERVICE, TESTING AND

REPAIR OF ELEVATORS OR ELEVATOR EQUIPMENT DO NOT INCLUDE ROUTINE WORK THAT

IS CONDUCTED BY AN EMPLOYEE OF AN ELEVATOR CONTRACTOR AND THAT DOES NOT

INVOLVE THE ACTUAL PHYSICAL INSTALLATION, MAINTENANCE, TESTING AND REPAIR

OF ELEVATORS. ]

Sec. 5. Section 32-1121, Arizona Revised Statutes, as amended by
Laws 2019, chapter 145, section 5, is amended to read:

32-1121. Persons not required to be licensed; penalties;

applicability

A. This chapter does not apply to:

1. An authorized representative of the United States government,
this state or any county, incorporated city or town, reclamation district,
irrigation district or other municipality or political subdivision of this
state.

2. Officers of a court or trustees of an express trust that is not
formed for the purpose of conducting business as a contractor, if they are
acting within the terms of their office or trust.

3. Public utilities operating under regulation of the corporation
commission or construction, repair or operation incidental to discovering
or producing petroleum or gas, or the drilling, testing, abandoning or
other operation of a petroleum or gas well, if performed by an owner or
lessee.

4. Except as provided in subsection D of this section, any
materialman, manufacturer or retailer who informs the purchaser that the
installation may also be performed by a licensed contractor whose name and
address the purchaser may request amt, who furnishes finished products,
materials or articles of merchandise and who EITHER:

(a) Does not install or attach such items.

(b) Installs or attaches such items if the total value of the sales
contract or transaction involving such items and the cost of the
installation or attachment of such items to a structure does not exceed
$1,000, including labor, materials and all other items, but excluding any
electrical fixture or appliance that meets all of the following:

(i) Was designed by the manufacturer.

(ii) Is unaltered, unchanged or unmodified by any person.

(iii) Can be plugged into a common electrical outlet.

5. Owners of property who improve such property or who build or
improve structures or appurtenances on such property and who do the work
themselves, with their own employees or with duly licensed contractors, if
the structure, group of structures or appurtenances, including the
improvements thereto, are intended for occupancy solely by the owner and
are not intended for occupancy by members of the public as the owner's
employees or business visitors and the structures or appurtenances are not
intended for sale or for rent. In all actions brought under this chapter,
except an action against an owner-occupant as defined in section 33-1002,
proof of the sale or rent or the offering for sale or rent of any such
structure by the owner-builder within one year after completion or

-10-
House Amendments to H.B. 2233

DANA OH WNMYFE

issuance of a certificate of occupancy is prima facie evidence that such
project was undertaken for the purpose of sale or rent. For the purposes
of this paragraph, "sale" or "rent" includes any arrangement by which the
owner receives compensation in money, provisions, chattels or labor from
the occupancy or the transfer of the property or the structures on the
property.

6. Owners of property who are acting as developers and who build
structures or appurtenances to structures on their property for the
purpose of sale or rent and who contract for such a project with a general
contractor licensed pursuant to this chapter and owners of property who
are acting as developers, who improve structures or appurtenances to
structures on their property for the purpose of sale or rent and who
contract for such a project with a general contractor or specialty
contractors licensed pursuant to this chapter. To qualify for the
exemption under this paragraph, the licensed contractors' names and
license numbers must be included in all sales documents.

7. Architects or engineers who are engaging in their professional
practice as defined in chapter 1 of this title and who hire or offer to
hire the services of a contractor for preconstruction activities relating
to investigation and discovery, including:

(a) Subsurface utility location and designation services.

(b) Potholing.

(c) Drilling for any of the following:

(i) Soil samples.

(ii) Rock samples.

(iii) Pavement samples.

(d) Locating existing features of a building or_ structure,
including existing electrical, mechanical, plumbing and_— structural
members.

8. A person licensed, certified or registered pursuant to title 3,
chapter 20 or a person working under the direct supervision of a person
certified or qualified pursuant to title 3, chapter 20 to the extent the
person is engaged in pest management.

9. Except as provided in subsection D of this section, the sale or
installation of finished products, materials or articles of merchandise
that are not fabricated into and do not become a permanent fixed part of
the structure. This exemption does not apply if a local building permit
is required, if the removal of the finished product, material or article
of merchandise causes damage to the structure or renders the structure
unfit for its intended use or if the total price of the finished product,
material or article of merchandise is more than $1,000, including labor
but excluding any electrical fixture or appliance that meets all of the
following:

(a) Was designed by the manufacturer.

(b) Is unaltered, unchanged or unmodified by any person.

(c) Can be plugged into a common electrical outlet.

-ll1-
House Amendments to H.B. 2233

OND OP WDM

PHF HHP SPP PWWWWWWWWWWDMYDYDMYDNDYDNYDNA NDR NDYFP RPP RPP PRP LE
NODOPWNMHRFPOWOAON A THPWNHMHEFOW ANA NTHBRWNHHEHOW MONDO BRWHH OW

10. Employees of the owners of condominiums, townhouses,
cooperative units or apartment complexes of four units or less or the
owners’ management agent or employees of the management agent repairing or
maintaining structures owned by them.

11. Any person who engages in the activities regulated by this
chapter, as an employee of an exempt property owner or as an employee with
wages as the person's sole compensation. [THtS—PARAGRAPH BOCES HOT HAPPY

FNSTACCATT ONG HATH ENANEE ANB REPATR-OF-ELEVAFERS— J

12. A surety company or companies that are authorized to transact
business in this state and that undertake to complete a contract on which
they issued a performance or completion bond, if construction work is
performed by duly licensed contractors.

13. Insurance companies that are authorized to transact business in
this state and that undertake to perform repairs resulting from casualty
losses pursuant to the provisions of a policy, if construction work is
performed by duly licensed contractors.

14. Except as provided in subsection D of this section, any person
other than a licensed contractor engaging in any work or operation on one
undertaking or project by one or more contracts, for which the aggregate
contract price is less than $1,000, including labor, materials and all
other items, but excluding any electrical fixture or appliance that was
designed by the manufacturer, that is unaltered, unchanged or unmodified
by any person and that can be plugged into a common electrical
outlet. The work or operations that are exempt under this paragraph must
be of a casual or minor nature. This exemption does not apply:

(a) In any case in which the performance of the work requires a
local building permit.

(b) In any case in which the work or construction is only a part of
a larger or major operation, whether undertaken by the same or a different
contractor, or in which a division of the operation is made in contracts
of amounts less than $1,000, excluding any electrical fixture or appliance
that was designed by the manufacturer, that is unaltered, unchanged or
unmodified by any person and that can be plugged into a common electrical
outlet.

(c) To a person who utilizes any form of advertising to the public
in which the person's unlicensed status is not disclosed by including the
words “not a licensed contractor" in the advertisement.

15. A person who is licensed, certified or registered pursuant to
title 41, chapter 37, article 4 and who is not otherwise required to be
licensed under this chapter or an employee of such person.

16. A person who functions as a gardener by performing lawn, garden,
shrub and tree maintenance.

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House Amendments to H.B. 2233

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DOAPWNMHRFOWMOAN ATP WNMRMHRFOTOWO AN DTAARWNHEFTOW ONDA NTR WHER OW

17. Alarm agents as defined in section 32-101.

B. A person who is licensed to perform work in a particular trade
pursuant to this chapter is not required to obtain and maintain a separate
license for mechanical or structural service work performed within the
scope of such trade by such person.

C. Any person who does not have an exemption from _ licensure
pursuant to subsection A, paragraph 14, subdivision (c) of this section is
subject to prosecution for a violation of section 44-1522. The attorney
general may investigate the act or practice and take appropriate action
pursuant to title 44, chapter 10, article 7.

D. The exemptions from licensure pursuant to subsection A,
paragraphs 4, 9 and 14 of this section do not apply to [ettther] [ANY] of
the following:

1. All fire safety and mechanical, electrical and plumbing work
that is done in connection with fire safety installation and fire safety
maintenance and repair. For the purposes of this paragraph, “fire safety
installation" means hardwired or interconnected smoke alarms and fire
sprinklers and does not include an individual device that is attached by a
nail, screw or other fastening device to the frame or foundation of any
residential unit. For the purposes of this paragraph, fire safety
maintenance and repair does not include routine work that is conducted by
an employee of an apartment or condominium complex and that is incidental
to the fire safety equipment.

2. All work that is done, including the installation, maintenance
and repair of devices, appliances or equipment, that involves’ the
connecting to any supply of natural gas, propane or other petroleum or
gaseous fuel. Nothing in this paragraph impacts the effect of section
36-1624.01.

[3. ALL WORK THAT IS DONE BY AN ELEVATOR CONTRACTOR OR ELEVATOR
MECHANIC, INCLUDING THE INSTALLATION, SERVICE, TESTING AND REPAIRS OF
ELEVATORS OR ELEVATOR EQUIPMENT. THE INSTALLATION, SERVICE, TESTING AND
REPAIR OF ELEVATORS OR ELEVATOR EQUIPMENT DO NOT INCLUDE ROUTINE WORK THAT
IS CONDUCTED BY AN EMPLOYEE OF AN ELEVATOR CONTRACTOR AND THAT DOES NOT
INVOLVE THE ACTUAL PHYSICAL INSTALLATION, MAINTENANCE, TESTING AND REPAIR
OF ELEVATORS. ]

E. A joint venture or other combination of persons, firms,
partnerships, corporations, associations or other organizations is not
required to obtain a separate contractor's license in its own name if all
of the following apply:

1. At least one member of the joint venture or combination holds a
contractor's license in good standing with the registrar.

2. Each member of the joint venture or combination that acts as a
contractor holds a license in good standing with the registrar.

3. Each licensed member of the joint venture or combination only
performs work within the scope of that member's contractor's license or
licenses.

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House Amendments to H.B. 2233

ANA TNH WDM KF

Sec. 6. Section 32-1151, Arizona Revised Statutes, is amended to
read:

32-1151. Engaging in contracting without license prohibited;

elevator contractors

A. It is unlawful for any person, firm, partnership, corporation,
association or other organization, or a combination of any of them, to
engage in the business of, submit a bid or respond to a request for
qualification or a request for proposals for construction services as, act
or offer to act in the capacity of or purport to have the capacity of a
contractor without having a contractor's license in good standing in the
name of the person, firm, partnership, corporation, association or other
organization as provided in this chapter, unless the person, firm,
partnership, corporation, association or other organization is exempt as
provided in this chapter. Evidence of securing a permit from a
governmental agency or the employment of a person on a _ construction
project shall be accepted in any court as prima facie evidence of
existence of a contract.

B. IT IS [thtAwrtr] [A VIOLATION OF THIS CHAPTER] FOR A PERSON TO
CONDUCT THE FOLLOWING ACTIVITIES UNLESS THE PERSON IS AN ELEVATOR MECHANIC
WHO IS WORKING UNDER THE DIRECT SUPERVISION OF A LICENSED ELEVATOR
CONTRACTOR:

1. ERECT, CONSTRUCT, ALTER, REPLACE, MAINTAIN, -REMOVE[L, TEST] OR
DISMANTLE ANY ELEVATOR OR RELATED CONVEYANCE CONTAINED WITHIN BUILDINGS OR
STRUCTURES IN THIS STATE.

2. WIRE ANY ELEVATOR OR RELATED CONVEYANCE FROM THE MAINLINE FEEDER
TERMINALS ON THE CONTROLLER.

C. SUBSECTION B OF THIS SECTION DOES NOT APPLY TO THE REMOVAL OR
DISMANTLING OF CONVEYANCES THAT ARE DESTROYED AS A RESULT OF A DEMOLITION
OF A SECURED BUILDING OR STRUCTURE OR FOR WHICH THE HOISTWAY OR WELLWAY IS
DEMOLISHED BACK TO THE BASIC SUPPORT STRUCTURE WHEREBY NO ACCESS IS
ALLOWED TO THE BASIC SUPPORT STRUCTURE TO ENDANGER THE SAFETY AND WELFARE
OF A PERSON.

Enroll and engross to conform
Amend title to conform

JEFF WENINGER

2233WENINGER. docx
02/10/2025

08:12 AM

PB/1s

H:

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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature - First Regular Session

ROLL CALL VOTE

COMMITTEE ON Commerce BILL NO. __HB 2233

DATE February 11, 2025 motion: DPA

= NAY PRESENT | ABSENT

>
x

PASS

—_—s

Aguilar

Blackman

Cavero

Connolly

Diaz

Hendrix

Villegas

Wilmeth

Way, Vice-Chairman

Weninger, Chairman

S AAAAAAAARAN

oO oO oO

MiWin em CQ@MMITTEE SHPRETARY

JEFF WENINGER, Chairman
MICHAEL WAY, Vice-Chairman

ATTACHMENT. 225

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