The Arizona State Legislature finished its business and adjourned on May 10, 2017. Governor @dougducey took final action on the bills remaining on his desk last week.
Here are some of the bills you will see become law August 9, 2017:
SB 1431 – Extends school choice vouchers to all K-12 students
HB 2547 – Provides $1 Billion in bonding authority for AS, U of A and NAU.
SB 1042 – Waives proficiency exams to college teachers choosing to teach K-12 or someone who has been a full time teacher for 3 years.
SB 1098 – Allows schools to apply for and receive approval from the State Board of Education to use ACT/SAT tests as acceptable assessment tests.
HB 2477 – Reforms civil forfeiture laws. In order for the state to seize property, they must show the property was used as part of a crime or it was acquired with the proceeds from criminal activity. Demands due process before the government can seize property.
HB 2088/SB 1125 – Allows for incorporation of areas near urban areas. AAR backed.
SB 1406 – ADA lawsuit reform. Persons filing an ADA claim must pursue the action, must agree with all the allegations, and must not be promised anything of value in exchange for filing the action. The Court may stay the action if the attorney or claimant has multiple civil actions. The Court can impose fines if it decides the primary purpose of the action was to obtain payment from the defendant. Provides a cure period for ADA violations.
HB 2039 – Amends state law on real estate finder fees. No set maximum amount. Must be a credit or reduction to tenant’s monthly rent, tenant may receive multiple finder fees (no maximum).
HB 2326 – Amendment to rules on forming special taxation districts (fire, park, hospital, etc.)
SB 1060 – Formally places HOA dispute resolution with Arizona Department of Real Estate.
HB 2176 – Substantially impacts property rights for property owners and tenants in mobile home parks. Heirs to mobile homes have enunciated rights as well.
HB 2262 – Amended noticing requirements for municipal zoning changes and protest filings.
HB 2438 – Changes in a business’s organizational structure (LLC, S-Corp, etc.) that retains the same ownership, is not a taxable event.
HB 2286 – Truth in taxation. Districts wishing to increase tax amounts must publish specific information regarding the old vs. the new tax amount based on per $100,000 of value.
SB 1480 – CFDs ( Community Facility Districts). Defines entities that may own a CFD. Outlines provisions that a minimum of 25% of the land owners must sign a petition to be included in the CFD in order for a hearing to be held. Defines who board members will be.
SB 1175 – Clarifies language on deed transfers and conveyance fees.
HB 2290 – Provides an outline as to granting of provisional licenses to ex-offenders by licensing authority.
SB 2366 – Modifies criteria for classifying property for agricultural use and associated ground water rights.
SB 1197 – Real estate appraisal certification and registry.
HB 2014 – No capital gains tax on legal tender. Legal tender to include precious metals such as gold and silver.
HB 2411 – HOA community members attending a HOA meeting may audio or video tape the meeting without prior permission from the board of directors or Management Company. HOAs should consider all meetings open meetings. If a HOA closes a meeting they must notice the members and identify the section of ARS 33-1248 that authorizes the closed meeting. Actions at emergency HOA meetings must pertain to the emergency item.
In other action, the @AZCourts Arizona Court of Appeals ruled leased solar panels should not be taxed as renewable energy equipment. The Court also found in favor of the Arizona Medicaid expansion law. The court ruled the state law (prop. 108) requiring a 2/3 legislative approval for tax hikes does not pertain to Medicaid expansion tax increases. The law created an assessment on hospitals.
Representative @JDMesnard pulled back his bill mandating school districts provide teacher pay increases with the increased funds from Propositions 301 and 123. The Teacher’s Union threatened a lawsuit if forced to increase teacher pay.
Arizona Governor’s Website
AZ Legislature Website
Arizona Courts Website