As we pass the 100th day of the legislative session, I thought a quick update on bills the Governor has signed would be in order. I have only highlighted bills concerning private property rights, private contract and the real estate industry.
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HB 2485 – Changes to Affidavit of Disclosure. Line 13 now asks if property has solar energy devices, are they owned or leased, buyer advised to perform due diligence on device, replacement and disposal, instructs property owner to disclose leasing company name and phone number. Signed 4/24/19
HB 2451 – Real Estate Licensure Exemption. Applies exemption from Az Real Estate Licensing for people accepting reservations or money for occupancies of dwelling units less than 31 days in a common interest development. Signed 4/24/19
HB 2027 – Online Lodging Marketplace Local TPT. Allows Dept. of Revenue to collect TPT levied by a local jurisdiction on an online lodging marketplace. Signed 4/24/19
HB 2704 – Underground Storage Tank Process. Several changes made to process and penalties for UST’s. Specific action and costs for activities completed before ADEQ’s approval that are eligible for reimbursement. Corrective actions and costs before 2019, ADEQ must receive claim for reimbursement before 2020. Signed 4/22/19
HB 2443 – Property Disclosure Affidavit, Water Disclosure. Requires property disclosure affidavits to include information regarding whether or not the property or the water on the property is part of a lawsuit to determine use and priority of water rights. ADWR must maintain and make available a map of adjudicated areas on their website. Signed 4/17/19
HB 2114 – County Real Estate Property, Appraisal. Provides that County property for sale or lease must be appraised by a licensed appraiser. Minimum acceptable bid must be at least 90% of market value, allow the County Board of Supervisor to lease some properties without public auction. Signed 4/16/19
HB 2721 – Town Elected Official Term Limits. Allows a majority vote of electors to enact or repeal term limits for council or mayor. Signed 4/11/19
HB 1030 – Online Notarizaion. Prescribes rules for online notary public, record keeping and instructs the Secretary of State to provide rules for remote online notarization by July 1, 2020. Signed 4/10/19
HB 2445 – Residential Rental TPT Notice of Increase. This bill provides that cities must mail notices of newly established or increased TPT to each rental property licensee and to the rental property address at least 60 days prior to the effective date. Signed 4/9/19
SB 1218 – Beneficiary Deeds. Provides that the real property interest transferred by a Beneficiary Deed is separate property and not community property. Also provides a Beneficiary Deed is void if the beneficiaries named in the Beneficiary Deed predecease the owner, unless provided otherwise. Signed 3/22/19
HB 2484 – Grandfathered Irrigation Rights and Container Watering. Provides that persons with grandfathered water rights to withdraw groundwater may use that water to water container plants. Requires separate measurement of groundwater used for irrigation and for containers. Signed 2/20/19
HB 2569 – Occupational Licensing Reciprocity. Establishes requirements for regulatory agency to allow Arizona license. Agency may require passage of to pass an Arizona exam. Signed 4/10/19
HB 2371 – Real Estate Licensing, Nickname. Sponsored by Ben Toma, WeMAR member. Provides a real estate licensee may use a nickname in advertising that is a derivative of their legal name or a nickname they are known by. Licensee must inform the Az DRE of the nickname. Signed 4/17/19
HB 2095 – Agricultural Property Classification Water Reduction. Sponsored by Representatives Dunn and Cook this bill provides that agricultural land required to become inactive due to mandated reduction in water supply may maintain its agricultural designation. Signed 4/9/19
In Arizona, most laws become effective 90 days after the end of the legislative session.
You can find all the bills the Governor signed into law at www.azleg.gov.