State Legislative Bills The Chamber Helped To Get Passed

Legislative Bills We Helped To Get  Passed 
 
Several bills that the Surprise Regional Chamber of Commerce endorsed have now passed. Our Chamber of Commerce is part of the newly formed West Valley Chamber of Commerce Alliance (WVCCA).  The WVCCA has met with legislative leadership in both the House and the Senate this session and worked to support legislation that is pro-business and to defeat legislation that might negatively impact our business community. The 2019 legislative session is moving towards adjournment in the next few weeks as the legislature and the Governor negotiate and finalize the budget. The following is a summary of legislation that has passed to date and is of interest to our members.
 
Among the 1289 bills that have been introduced this year, 242 have passed, and six have been vetoed. The following summary highlights the bills passed to date that are of particular interest to the business community. As more bills pass, we will update this list with further information relevant to the business community.
 
Simplifying Business Procedures
 
Senate Bill 1030: REMOTE ONLINE NOTARIZATION; REGISTRATION
By July 1, 2020, the Secretary of State (SOS) is required to adopt rules to facilitate "remote online notarizations" (defined), which must include sufficient forms of notarial certificates and standards for communication technology, credential analysis, identity proofing and retention of an audio and visual recording. Establishes requirements for electronic records of remote online notarizations, the use of electronic signatures and electronic seals, and remote online notarization procedures. Establishes information a notary public is required to record in an electronic journal for a remote online notarial act. Effective July 1, 2020.
 
Reducing Occupational Regulations
 
House Bill 2463: OCCUPATIONAL REGULATIONS; LICENSES; COMMUNICATIONS; NOTICE
An agency is required to prominently post on the agency's website and print on a license application, a communication denying a license, a cease and desist order or any other communication in which the agency asserts that a person is required to obtain a license a specified notice stating that agencies are required to limit all occupational regulations to those that are demonstrated to be necessary to specifically fulfill a public health, safety or welfare concern, and that the person has the right to petition the agency to repeal or modify the occupational regulation or bring an action in a court of general jurisdiction to challenge the occupational regulation.
 
Streamlining Regulations for Licensed Contractors and Creating Bifurcated Adjudication for Construction Defect Claims
 
Senate Bill 1397: REGISTRAR OF CONTRACTORS OMNIBUS
Various changes to statutes relating to the Registrar of Contractors (ROC) and the regulation of licensed contractors. The list of persons not required to be licensed as a contractor is modified. A joint venture or other combination of persons or organizations is not required to obtain a separate contractor's license in its own name if at least one member holds a contractor's license in good standing with the ROC and other specified conditions are met. While engaged as the qualifying party for a licensee, the qualifying party is responsible for any violation of ROC statutes by the licensee. If a person who qualified for a license ceases to be connected with the licensee, both the licensee and the qualifying party are required to notify the ROC in writing within 15 days after the disassociation. The licensee must requalify through another person within 60 days after the date of a disassociation or the license is automatically suspended by operation of law until the licensee qualifies through another person. A person applying for a contractor license or for renewal of a contractor license to engage in residential contracting is required to pay an assessment of up to $600 during the biennial license period for deposit in the Residential Contractors' Recovery Fund (RCR Fund). Statute governing eligibility for awards from the RCR Fund are repealed and replaced. An award from the RCR Fund is limited to residential real properties. The RCR Fund is prohibited from exceeding the actual damages suffered by the claimant as a direct result of a contractor's violation, and the maximum individual award from the RCR Fund is $30,000. An action for a judgment that may subsequently result in an order for collection from the RCR Fund cannot be commenced later than two years after the date of the commission of the act by the contractor that is the cause of the injury or from the date of occupancy. If a contractor license has been revoked or suspended as a result of an order to remedy a violation of statute, the ROC is permitted to order payment from the RCR Fund to remedy the violation. The ROC is authorized to issue cease and desist orders or a citation for contracting practicing or transacting that constitutes a violation of statute or rule. Establishes civil penalties for violations. Contains a legislative intent section. A billing or estimate for a progress payment is required to be submitted on a 30-day billing cycle unless the construction contract and each page of the plans specifically identifies a different billing cycle in a clear and conspicuous manner. More. AS SIGNED BY GOVERNOR. In his signing statement, the Governor expressed his belief that a balance between the responsibilities of contractors and consumers should be maintained in relation to prompt pay, and his expectation that any language to change that balance be construed as narrowly as possible.
 
Improving Workforce Readiness
 
House Bill 2303: SCHOOLS; COMPUTER SCIENCE; MATHEMATICS; SCIENCE
The Department of Education's application process for grants from the Computer Science Professional Development Program Fund is required to prioritize awards to eligible public schools that either have at least 60 percent of students enrolled who are eligible for free and reduced-price lunches or are "rural schools" (defined elsewhere in statute). The State Board of Education and the Arizona Board of Regents (ABOR) are required to develop guidelines for charter schools and school districts on the necessary rigor and content that a mathematics or science course must have in order to meet high school graduation requirements and university admission requirements. ABOR is required to review its current process for charter schools and school districts to submit courses for review to determine whether a course meets university admissions standards to ensure that the process is both timely and transparent. Emergency clause.
 
Improved Business Community Safety
 
House Bill 2318: DRIVING; WIRELESS COMMUNICATION DEVICE; PROHIBITION
Unless the vehicle is parked or stopped, a person is prohibited from operating a motor vehicle on a street or highway if the person physically holds or supports with any part of the person's body a "portable wireless communication device" or "stand-alone electronic device" (both defined), or if the person writes, sends or reads any text-based communication on a portable wireless communication device or stand-alone electronic device. Some exceptions. Beginning January 1, 2021, violations are subject to a civil penalty of $75 to $149 for a first violation, and $150 to $250 for a second or subsequent violation. A violation that results in an accident causing the death of or serious physical injury to another person is classified as causing serious physical injury or death by a moving violation, a class 1 (highest) misdemeanor. The Department of Transportation is required to post signs at each point where an interstate highway or U.S. highway enters Arizona that informs vehicle operators of the prohibition on using a portable wireless communication device while operating a motor vehicle. A peace officer who stops a motor vehicle for an alleged violation of this prohibition cannot take possession of or otherwise inspect a portable wireless communication device in the possession of the operator unless otherwise authorized by law. Peace officers may issue only a warning beginning on the effective date of this legislation through December 31, 2020, and are prohibited from issuing a citation for a violation of this prohibition before January 1, 2021. Beginning January 1, 2021, the regulation of the use of portable wireless communication devices while operating a motor vehicle is not subject to further regulation by a county, municipality or other political subdivision, and any regulations in violation of this prohibition, whether enacted before or after January 1, 2021, are void. Session law authorizes enforcement of local laws regulating the use of portable wireless communication devices through December 31, 2020. Additionally, while a person is driving a motor vehicle and the motor vehicle is in motion on a public roadway or on an off-highway vehicle trail, the person is prohibited from watching a video or movie on a portable wireless communication device or stand-alone electronic device, and from recording or broadcasting a video on a portable wireless communication device or stand-alone electronic device. Some exceptions.

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