We wanted to provide a summary on Bills that became law in 2019, or that will take effect in 2020 that could have some impact on, or be of interest to, the business community. For further information, or to know how any specific Bill will impact your business, please refer to the actual Bill language.
HB2005 – Traffic survival school; required completion – Allows ADOT to suspend or revoke the license of an Arizona resident to drive a motor vehicle in Arizona, or require a person to complete traffic survival school, upon notice of a conviction of an offense in another jurisdiction that would be grounds for suspension or revocation of that person’s license had the offense been committed in Arizona.
HB2119 – School safety; reporting – Directs the governing body of a school district or charter school to prescribe and enforce policies and procedures for reporting suspected crimes and threatening conduct and notifying the parents of students involved.
HB2146 – Contracts; licensure requirements; exemption – Exempts persons from state laws relating to licensure, certification, registration or authorization to act, only if the person is a party to a contract between private parties that specifically outlines the licensing or certification requirements that do not apply and the subject of the contract is: 1) lawful; 2) substantially delivered by electronic means;3) the contract specifies the laws that are waived;4) does not affect a third party; 5) does not exceed certain dollar or revenue thresholds; and 6) does not clearly harm or damage public health or safety.
HB2181 – Licensing; exemption; registrar of contractors – Exempts cable-TV, satellite-TV and telecommunications providers, including data and related services, from the ROC licensure requirements. The exemption includes contractors and subcontractors of cable-TV, satellite-TV and telecommunications providers if the work is limited to the installation of low voltage cable, phone, internet and data services. Specifies that installation 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
HB2265 – Defensive driving schools; course requirements – Requires defensive driving schools to submit their future schedule of classroom courses to the Supreme Court and outlines additional requirements and prohibitions regarding defensive driving school courses and instructors.
HB2275 – TPT exemptions; propagative materials – Exempts propagative materials from the retail sales tax. Defines propagative materials as seeds, seedlings, roots, bulbs, cuttings, soil and plant additives, fertilizers, insecticides, herbicides, fungicides, soil fumigants, plant nutrients, plant growth regulators, etc.
HB2318 – texting while driving; prohibition; enforcement – Establishes a statewide hands-fee law that prohibits the use of wireless devices while driving.
HB2360 – TPT; estimated payments; liability threshold – Increases the threshold after which a business entity is required to file an estimated transaction privilege tax payment in June to an
annual total tax liability of $1.6M or more in 2020, $2.3M or more in 2021, $3.1M or more in 2022, and $4.1M or more in 2023 and each year after, from $1M or more.
HB2365 – Wireless facilities in the right-of-way – Allows wireless providers to install and operate small cells and equipment in city and town rights-of-way and public easements.
HB2371 – Mobile food vending model ordinance – Establishes a statewide food and health safety licensing standards for mobile food vending operations, intended specifically for food trucks. The new law standardizes the local regulation of food truck operations, including provisions related to use of public parking spaces, required fire and safety inspections, operations on private property and operational distance requirements from existing brick-and-mortar restaurants.
HB2405 – Regulated water company; violations; enforcement – Authorizes ADEQ to take necessary corrective actions at an ACC-regulated wastewater treatment facility/system or public water system under certain conditions.
HB2492 – State highway work zones; accidents – Applies the same penalties imposed on individuals causing serious physical injury or death by a moving violation to individuals who commit a violation in a state highway work zone, resulting in injury or death.
HB2493 – Solar energy devices; appraisal methods – Establishes that solar energy devices that are characterized as personal property have a 10-year life and prescribes a formula to adjust the depreciation schedule.
HB2569 – Occupational licensing; reciprocity – Requires a regulating entity to issue an occupational or professional license or certificate to any person who establishes residency in Arizona, if that person is currently licensed or certified in another state for one year and meets other specified requirements. Includes an exception for a regulating entity that administers an examination of the laws of Arizona, allowing that entity to require an examination.
SB1024 – Medical marijuana; sales data; enforcement – Authorizes the Department of Revenue to disclose confidential information to the Department of Health Services to determine if a medical marijuana dispensary is in compliance with the tax requirements in statute.
SB1027 – Tax credit; charitable organizations; eligibility – Expands the tax credit for contributions to qualifying organizations that spend at least 50 percent of their budget on services to individuals, rather than children, having a chronic illness or physical disability and are residents of Arizona.
SB1039 – Pain management clinics; regulation – Requires pain management clinics in private offices or clinics of licensed health care providers to be licensed, supervised and regulated by DHS. It also allows dispensaries and first aid stations as outlined to be under the supervision of a registered nurse practitioner.
SB1087 – Vehicle liability insurance; minimum limits – Increases the motor vehicle minimum liability coverage limits for a policy that is issued or renewed, beginning July 1, 2020.
SB1256 – School districts; procurement practices; auditors – Removes prohibitions for a school district to hire the same auditor or auditing firm for more than three consecutive years and removes prohibition on an auditor or auditing firm hired by a school district from receiving consulting fees from that school district. Repeals the requirement that the SBE adopt rules for school district procurement requiring contracts for materials, services, goods, construction or construction services to be awarded based on the lowest qualified bidder.
SB1259 – ADOT; proportional registration; temporary registration – Allows the Department of Transportation to refuse to issue a registration, license plate or permit for a vehicle that has been assigned to a commercial motor carrier that is prohibited from operating by the federal Motor Carrier Safety Administration
SB1328 – Barbers; cosmetologists; licensure; reciprocity; apprenticeships – Allows an individual to meet cosmetology schooling requirements by completing a U.S. Department of Labor approved or a Department of Economic Security approved apprenticeship program. Exempts individuals who meet certain requirements from the barber schooling or apprenticeship requirements.
SB1332 – Alternative fuel vehicles; VLT – Makes various changes to how the vehicle license tax (VLT) for alternative fuel vehicles is calculated.
SB1348 – Fireworks; retail sales; enforcement – Expands the definition of and the dates for sales and use of permissible consumer fireworks in Maricopa and Pima Counties. It allows cities, towns and counties to prohibit fireworks within a one-mile radius of a mountain preserve, desert or regional park, national forest or wilderness area during a stage one or higher fire restriction. It permits local fire marshals to seize fireworks and impose fines under certain conditions.
SB1398 – Miniature scooters; electric standup scooters – Defines electric standup scooter and excludes it from the definitions of moped, motorized skateboard, motorcycle, motor-driven cycle, motor vehicle and vehicle. Grants operators of electric standup scooters the same rights as operators of bicycles, except where further regulated by the local government. Allows local authorities to adopt ordinances further regulating or prohibiting the operation of electric standup scooters except for requiring registration and licensing such as with motor vehicles. Allows electric standup scooters to be used on multiuse paths pursuant to permission from the local authority.
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