Bill
Number: S.B. 1819
Fann
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
Defense of
State Election Laws
1. Asserts
that the Attorney General (AG), among state officials, has sole authority to
direct the defense of state election law or laws being challenged.
2. Removes the
prohibition on the AG representing or providing legal advice to the Secretary
of State (SOS) on any matters through June 30, 2023.
3. Removes the
prohibition on the SOS making expenditures or incurring indebtedness to employ
outside or private attorneys to provide representation or services.
4. Removes
language asserting that the AG the sole authority to defend election laws and
procedures and instead asserts that the AG has the authority to defend election
laws and procedures.
5. Removes
language asserting that the authority of the AG is paramount and not shared or
delegated to the SOS or any other state official and instead asserts that in
any disagreement between the AG and the SOS or other state official, the
authority of the AG to defend the law is paramount.
6. Removes
language asserting the AG has the sole authority in all election litigation to
direct the defense of state election laws, appeal or petition any decision and
to intervene on behalf of Arizona through January 2, 2023.
7. Asserts
that the AG, in any proceeding in which the validity of a state election law is
challenged, speaks for Arizona and must be allowed to intervene on behalf of
Arizona if the AG determines that intervention is appropriate through January
2, 2023.
8. Exempts
court challenges to the validity of the Citizens Clean Elections Act from
language asserting the AG speaks for Arizona and must be allowed to intervene
on behalf of Arizona if determined appropriate.
9. Removes
language asserting the AG’s authority applies regardless of whether a state
agency, political subdivision or officer or employee of Arizona, a state agency
or political subdivision is or seeks to become a party and instead allows the
AG to intervene at any state of a proceeding, including to appeal or petition
any decision, regardless
of whether any state agency, political subdivision or officer or employee is or
seeks to become a party.
10. Removes the authorization
for the SOS to hire one full-time equivalent position to serve as legal advisor
and represent the SOS.
Special Committee on
the Election Audit
11. Establishes the Special
Committee on the Election Audit (Special Committee) consisting of the members
of the Senate Government Committee.
12. Requires the Special
Committee to:
a) receive and review the
findings of the Senate audit of the 2020 general election in Maricopa county;
and
b) recommend to the
President of the Senate the appropriate legislative action based on the
findings of the audit, including a call for a special session of the
Legislature to implement the Special Committee's recommendations.
13. Repeals the Special
Committee on January 1, 2021.
COVID-19 State
Preemption
14. Prohibits a county,
city or town from making or issuing any order, rule, ordinance or regulation
related to mitigating the COVID-19 pandemic that impacts private businesses,
schools, churches or other private entities, including an order, rule,
ordinance or regulation that mandates the use of face coverings, requires
closing a business or imposes a curfew.
15. Allows a county, city
or town to set and enforce mitigation policies in a building that is owned by
the county, city or town.
16. Asserts that the
COVID-19 pandemic is a matter of statewide concern.
Vaccinations During
Certain Public Health Emergencies
17. Allows a person to
refuse, based on the person's personal beliefs, a vaccination that is mandated
during a state of emergency or state of war emergency in which there is the occurrence
or imminent threat of smallpox, plague, viral hemorrhagic fevers or a highly
contagious and highly fatal disease with transmission characteristics similar
to small pox for a person who is diagnosed with an illness resulting from
exposure, reasonably believed to have been exposed or may reasonably be
expected to be exposed to refuse a mandated vaccination based on the person's
personal beliefs.
State Lottery
18. Prohibits the State
Lottery from directly or indirectly spending, allocating or directing any
monies under its control to advertise the lottery at a professional sporting
event or in conjunction with any professional sports team or franchise.
19. Asserts that the
prohibition applies to any contract or other agreement entered into, amended or
extended on or after the effective date of this Act.
Arizona
Game and Fish Voter Registration
20. Requires
the Arizona Game and Fish Department (AZGFD) to provide:
a) assistance
with voter registration when accepting applications for a hunting, fishing or trapping
license (license); and
b) an
applicant with an online license application with a link to the Arizona
Department of Transportation's voter registration webpage.
21. Requires
each AZGFD office that accepts applications for a license in person to provide
a voter registration form to an applicant.
22. Requires
the SOS to provide AZGFD with voter registration forms and instructions to
applicants to mail completed voter registration forms to the SOS.
23. Requires
the SOS to forward completed registration forms to the appropriate county
recorder to determine eligibility of an applicant and add the name of eligible
applicants to the voter registration rolls.
24. Prohibits
voter registration information that is public information and generated from
applicants for a license from providing any public indication of the source of
the registrations.
25. Specifies
that persons who act to register applicants for a license to vote are not
deputy registrars.
26. Defines department
and license.
Study
Committee on Missing and Murdered Indigenous Peoples
27. Renames the
Study Committee on Missing and Murdered Indigenous Women and Girls as the Study
Committee on Missing and Murdered Indigenous Peoples (Study Committee).
28. Requires
the President of the Senate and Speaker of the House of Representatives to each
appoint three members, rather than four members to the Study Committee.
29. Removes the
following members from the Study Committee:
a) one peace
officer who works and resides on a federally recognized American Indian
reservation;
b) one representative
from the Southwest Indigenous Women’s Coalition;
c) one county
attorney from a county with a population of less than 850,000 persons;
d) one county
sheriff from a county with a population of less than 850,000 persons;
e) one chief
of police who is from a tribal police department; and
f) one
representative who works with a tribal, statewide or local organization that
provides legal services to indigenous women and girls.
30. Adds one
attorney general or judge from a Tribal jurisdiction appointed by the President
of the Senate to the Study Committee.
31. Requires
the Study Committee to continue to work with law enforcement to track and
collect data on violence against indigenous peoples, rather than establish
methods to track and collect data on violence against indigenous women and
girls.
32. Requires
the data gathered by the Study Committee to include the prevalence and
contextual characteristics of violence against indigenous peoples, including
variations by gender, age and sexual identity.
33. Removes the
requirement that the Study Committee determine the number of missing and
murdered indigenous women and girls in Arizona and identify barriers to
providing more state resources in tracking violence against indigenous women
and girls and reducing the incidences of violence.
34. Requires
the Study Committee to gather information to understand the lived experiences
among indigenous peoples surrounding missing and murdered indigenous peoples in
an effort to ensure that policy recommendations are culturally accurate.
35. Requires
the Study Committee to submit a report to the Governor and Legislature
regarding the Study Committee’s activities and recommendations for
administrative and legislative action by December 1 of 2022, 2023 and 2024 and
provide a copy of the reports to the SOS.
36. Extends the
termination date of the Study Committee from October 1, 2021 to October 1,
2025.
Miscellaneous
37. Allows the Director of
the Department of Health Services to adopt rules regarding the collection of
data from health care institutions.
38. Restricts,
through June 30, 2022, when a condominium can be terminated to only:
a) by
agreement of unit owners to which 100 percent of the votes in the association
are allowed;
b) in the case
of a taking of all the units by eminent domain; or
c) if the
declaration specifies a smaller percentage and all of the units in the
condominium are restricted exclusively to nonresidential uses.
39. Asserts
that nothing relating to the restrictions on the termination of a condominium
may impair or otherwise interfere with an existing contract.
40. Removes, for the purposes of publication of notice, the
prohibition on a newspaper including a publication which has not been admitted
under federal law as a second-class matter in the U.S. mails for at least one
year.
41. Reinserts
the Arizona Procurement Code exemption for contracts for goods and services
approved by the Public Safety Personnel Retirement System Board of Trustees
(PSPRS Board).
42. Removes
language limiting the type of contracts the PSPRS Board may enter into to
exercise its investment responsibilities to contracts to receive market data
and other market information from securities, commodities, options and monetary
exchanges.
43. Removes the
requirement that the PSPRS Board establish and administer an Administration
Account consisting of all monies for administrative purposes for all retirement
plans and systems administered by the PSPRS Board.
44. Applies the
requirement that the Arizona Commerce Authority (ACA) prepare a written
statement with certain information before awarding a grant from the Major
Events Fund to only when Major Event Fund monies are being used to negotiate
and make grants to local organizing committees or equivalent organizations for
the operating costs of major events.
45. Requires
the ACA’s semi-annual report on the Major Events Fund to be sent to the
Governor’s Office of Strategic Planning and Budgeting.
46. Makes technical and conforming
changes.
Page 3,
between lines 5 and 6, insert:
"Sec. 2. Title
5, chapter 5.1, article 2, Arizona Revised Statutes, is amended by adding
section 5-576, to read:
START_STATUTE5-576. Lottery;
advertising; professional sports; prohibition
The
lottery may not, directly or indirectly, spend, allocate or direct any monies
under the control of the lottery to advertise the lottery At a professional
sporting event or in conjunction with any professional sports team or
franchise." END_STATUTE
Renumber to
conform
Between
lines 33 and 34, insert:
"Sec. 4. Title
16, chapter 1, article 3, Arizona Revised Statutes, is amended by adding
section 16-132, to read:
START_STATUTE16-132. Voter
registration assistance; hunting, fishing, trapping licenses; definitions
A. The
Arizona game and fish department shall provide assistance with voter
registration when accepting applications for a license. The ARizona game and
fish department shall provide to the applicant with any online applications for
a license a link to the department of transportation's voter registration
webpage. Each Arizona game and fish department office that accepts
applications for a license in person shall provide a voter registration form to
the applicant.
b. the
secretary of state shall provide to the department voter registration forms and
instructions to applicants to mail completed voter registration forms to the
secretary of state. The secretary of state shall forward the COMPLETED voter
registration forms to the APPROPRIATE county recorder to determine the
eligibility of the applicant and, if found eligible, to add the applicant's
name to the voter registration rolls.
c. Voter
registration information that is generated pursuant to this section and that is
public information as otherwise provided by law shall not provide any public
indication of the source of these registrations.
d. Persons
who act pursuant to this section are not considered to be deputy registrars
under this title or any rules adopted under its authority.
e. For
the purposes of this section:
1. "Department"
means the Arizona game and fish department.
2. "License"
means a hunting, fishing or trapping license issued by the Arizona game and
fish DEPARTMENT pursuant to title 17, chapter 3."END_STATUTE
Renumber to conform
Page 6,
between lines 12 and 13, insert:
"Sec. 6. Section
36-405, Arizona Revised Statutes, is amended to read:
START_STATUTE36-405. Powers
and duties of the director
A. The
director shall adopt rules to establish minimum standards and requirements for the construction, modification constructing,
modifying and licensure of licensing
health care institutions necessary to ensure the public health, safety and
welfare. The standards and requirements shall relate to the construction,
equipment, sanitation, staffing for medical, nursing and personal care
services, and recordkeeping pertaining to the administration of
administering medical, nursing, behavioral health and
personal care services, in accordance with generally accepted practices of
health care. The director shall use the current standards adopted by the joint
commission on accreditation of hospitals and the commission on accreditation of
the American osteopathic association or those adopted by any recognized
accreditation organization approved by the department as guidelines in
prescribing minimum standards and requirements under this section.
B. The
director, by rule, may:
1. Classify
and subclassify health care institutions according to character, size, range of
services provided, medical or dental specialty offered, duration of care and
standard of patient care required for the purposes of
licensure. Classes of health care institutions may include
hospitals, infirmaries, outpatient treatment centers, health screening services
centers and residential care facilities. Whenever the director
reasonably deems distinctions in rules and standards to be appropriate among
different classes or subclasses of health care institutions, the director may
make such distinctions.
2. Prescribe
standards for determining a health care institution's substantial compliance
with licensure requirements.
3. Prescribe
the criteria for the licensure inspection process.
4. Prescribe
standards for the selection of selecting health
care-related demonstration projects.
5. Establish
nonrefundable application and licensing fees for health care institutions,
including a grace period and a fee for the late payment of licensing fees, and
fees for architectural plans and specifications reviews.
6. Establish
a process for the department to notify a licensee of the licensee's licensing
fee due date.
7. Establish
a process for a licensee to request a different licensing fee due date,
including any limits on the number of requests by the licensee.
C. The
director, by rule, shall adopt licensing provisions that facilitate the
colocation and integration of outpatient treatment centers that provide
medical, nursing and health-related services with behavioral health
services consistent with article 3.1 of this chapter.
D. The director may
Adopt rules regarding the collection of data from health care institutions.
D. E. Ninety
percent of the fees collected pursuant to this section shall be deposited,
pursuant to sections 35-146 and 35-147, in the health services
licensing fund established by section 36-414 and ten percent of the fees
collected pursuant to this section shall be deposited, pursuant to sections 35-146
and 35-147, in the state general fund.
E. F. Subsection B,
paragraph 5 of this section does not apply to a health care institution
operated by a state agency pursuant to state or federal law or to adult foster
care residential settings. END_STATUTE
Sec. 7. Section
36-787, Arizona Revised Statutes, is amended to read:
START_STATUTE36-787. Public
health authority during state of emergency or state of war emergency
A. During
a state of emergency or state of war emergency declared proclaimed by the governor in which there is an occurrence or
imminent threat of an illness or health condition that is caused
by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious
agent or biological toxin and that poses a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term
disability, the department shall coordinate all matters pertaining to the
public health emergency response of the state. The department has primary
jurisdiction, responsibility and authority for:
1. Planning
and executing public health emergency assessment, mitigation, preparedness
response and recovery for this state.
2. Coordinating
public health emergency response among state, local and tribal authorities.
3. Collaborating
with relevant federal government authorities, elected officials of other
states, private organizations and private sector companies.
4. Coordinating
recovery operations and mitigation initiatives subsequent to public health
emergencies.
5. Organizing
public information activities regarding state public health emergency response
operations.
6. Establishing,
in conjunction with applicable professional licensing boards, a process for to grant a temporary waiver of the
professional licensure requirements necessary for the
implementation of to implement any measures
required to adequately address the state of emergency or state of war
emergency.
7. Granting
temporary waivers of health care institution licensure requirements necessary for implementation of to implement any
measures required to adequately address the state of emergency or state of war
emergency.
B. In
addition to the authority provided in subsection A of this section, during a
state of emergency or state of war emergency, the governor, in consultation
with the director of the department of health services, may issue orders that:
1. Mandate
medical examinations for exposed persons.
2. Ration
medicine and vaccines.
3. Provide
for transportation of medical support personnel and ill and exposed persons.
4. Provide
for procurement of medicines and vaccines.
C. In
addition to the authority provided in subsections A and B of
this section, during a state of emergency or state of war emergency in
which there is an occurrence or the imminent threat of smallpox, plague, viral
hemorrhagic fevers or a highly contagious and highly fatal disease with
transmission characteristics similar to smallpox, the governor, in consultation
with the director of the department of health services, may issue orders that:
1. Mandate
treatment or vaccination of persons who are diagnosed with an illness
resulting from exposure or who are reasonably believed to have been exposed or
who may reasonably be expected to be exposed. A person may
refuse a vaccination required by this paragraph based on the person's personal
beliefs.
2. Isolate
and quarantine persons.
D. Law
enforcement officials of this state and the national guard shall enforce orders
issued by the governor under this section.
E. Diseases
subject to this section do not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.
F. If
during a state of emergency or state of war emergency the public health is not
endangered nothing in this title shall does not authorize the department or any of its officers or
representatives to impose on any person against the person's will any mode of
treatment, provided that sanitary or preventive measures and quarantine laws
are complied with by the person. Nothing in This title shall does not authorize the department or
any of its officers or representatives to impose on any person contrary to his the person's religious concepts any
mode of treatment, provided that sanitary or preventive measures and quarantine
laws are complied with by the person.
G. At
the governor's direction, the department may use reasonable efforts to assist
the persons and institutions affected by the state of emergency or state of war
emergency declared pursuant to this section in seeking reimbursement of costs
incurred as a result of providing services related to the
implementation of implementing isolation and
quarantine under this article to the extent these services are not otherwise subject
to reimbursement."END_STATUTE
Renumber to
conform
Page 17,
lines 26 and 27, strike "Contracts for goods and services
approved by the board are not subject to title 41, chapter 23."
insert "Contracts for goods and services approved by the board are not
subject to title 41, chapter 23."
Page 19,
strike lines 37 through 45
Strike page
20
Page 21,
strike lines 1 through 34
Renumber to
conform
Page 24,
between lines 30 and 31, insert:
"Sec. 15. Section
39-201, Arizona Revised Statutes, is amended to read:
START_STATUTE39-201. Definition
of newspaper
A. In this chapter,
unless the context otherwise requires, "newspaper" means a
publication regularly issued for dissemination of news of a general and public
character at stated short intervals of time. Such publication shall
be from a known office of publication and shall bear dates of issue and be
numbered consecutively. It shall not be designed primarily for
advertising, free circulation or circulation at nominal rates, but shall have a
bona fide list of paying subscribers.
B. "Newspaper"
shall not include a publication which has not been admitted under federal law
as second-class matter in the United States mails for at least one year." END_STATUTE
Renumber to
conform
Page 30,
line 33, after the second "A" insert ", paragraph
2"
Line 39,
after "COMMITTEE" insert "and the governor's
office of strategic planning and budgeting"
Page 34, strike
lines 4 through 45
Strike pages
35 through 37
Page 38,
strike lines 1 through 34, insert:
"Sec. 26.
Laws 2019, chapter 232, section 1 is amended to read:
Section 1. Study committee on missing and murdered indigenous peoples;
membership; duties; reports; delayed repeal
A. The
study committee on missing and murdered indigenous women and
girls peoples is established consisting of the
following members:
1. Four Three members of the house of
representatives who are of indigenous descent or who attend meetings and
actively work on issues relating to indigenous peoples. The speaker of the
house of representatives shall appoint these members. The appointed
representatives shall select by a majority vote one representative to serve as
chairperson of the study committee.
2. Four Three members of the senate who are
of indigenous descent or who attend meetings and actively work on issues
relating to indigenous peoples. The president of the senate shall appoint
these members. The appointed senators shall select by a majority vote one
senator to serve as vice chairperson of the study committee.
3. The
attorney general or the attorney general's designee.
4. The
director of the department of public safety or the director's designee.
5. The
following members who are appointed by the speaker of the house of
representatives:
(a) One
county attorney and one sheriff from a county with a population of eight
hundred fifty thousand persons or more.
(b) One
victim advocate.
(c) One
peace officer who works and resides on a federally recognized American Indian
reservation in this state.
(d) One
representative who is from the southwest indigenous women's coalition, a tribal
statewide organization that provides advocacy for or counseling to indigenous
women and girls who have been victims of violence.
(e) (c) One member who works with the Phoenix or Tucson
Indian center.
(f) (d) One member who works in the Phoenix area Indian
health services.
6. The
following members who are appointed by the president of the senate:
(a) One
county attorney and one sheriff from a county with a population of less than
eight hundred fifty thousand persons.
(b) (a) One representative of a tribal government.
(c) One
chief of police who is from a tribal police department.
(b) One
attorney general or judge from a tribal jurisdiction.
(d) (c) One social worker who works with a tribal,
statewide or local organization that provides services to indigenous women and girls peoples.
(e) One
representative who works with a tribal, statewide or local organization that
provides legal services to indigenous women and girls.
B. The
study committee shall meet quarterly or more frequently as the chairperson
deems necessary.
C. Committee
members are not eligible to receive compensation, but members who are appointed
by the governor are eligible for reimbursement of expenses under title 38,
chapter 4, article 2, Arizona Revised Statutes.
D. The
study committee shall:
1. Conduct
a comprehensive study to determine how this state can reduce and end violence
against indigenous women and girls peoples in
this state.
2. Establish methods for tracking and collecting Continue
to work with law enforcement to track and collect data on violence
against indigenous women and girls peoples,
including data on missing and murdered indigenous women and girls
peoples.
3. Continue to review policies and practices that impact violence
against indigenous women and girls peoples,
such as child welfare policies and practices.
4. Continue to review prosecutorial trends and practices relating
to crimes of gender violence against indigenous people peoples.
5. Continue to gather data on the prevalence and
contextual characteristics of violence against indigenous women
and girls in this state peoples, including variations by
gender, age and sexual identity.
6. Determine
the number of missing and murdered indigenous women and girls in this state.
7. Identify
barriers to providing more state resources in tracking violence against
indigenous women and girls and reducing the incidences of violence.
8. 6. Propose
measures to ensure access to culturally appropriate victim services for
indigenous women and girls peoples who
have been victims of violence.
7. Gather
information to understand the lived experiences among indigenous peoples
surrounding missing and murdered indigenous peoples in an effort to ensure that
policy recommendations are culturally accurate.
9. 8. Propose
legislation to address issues identified by the study committee.
10. 9. Submit
a report regarding the study committee's activities and recommendations for
administrative or legislative action on or before November 1,
2020 December 1, 2022, December 1, 2023 and December 1,
2024 to the governor, the president of the senate and the speaker of the
house of representatives and provide a copy of this report
these reports to the secretary of state.
E. This
section is repealed from and after September 30, 2021 2025."
Page 38,
line 36, strike "; representation"
Line 38,
after "pursuant" insert "to"
Line 41,
strike "sole"
Line 42,
after the period insert "In any disagreement between the attorney general
and the secretary of state or any other state official concerning the defense
of a state election law,"
Page 38,
line 43, after "general" insert "to defend the law"; after
"paramount" strike remainder of line
Line 44,
strike "secretary of state or any other state official"
Page 39,
line 3, after "B." insert "Except as otherwise provided in
section 16-960, Arizona Revised Statutes,"
Line 4,
after the third comma insert "in any proceeding in which the validity of a
state election law is challenged,"
Line 5,
after "general" strike remainder of line
Strike line
6
Line 7,
strike "and" insert "speaks for this state and shall be
allowed"; after "state" strike remainder of line
Strike lines
8 through 11
Line 12,
strike "allowed to intervene on behalf of this state"
Line 14,
after the period insert "The attorney general may intervene at any stage
of the proceeding, including to appeal or petition any decision, regardless of
whether any state agency, any political subdivision or any officer or employee
of this state or any state agency or political subdivision is, or seeks to
become, a party. Among state officials, the attorney general has sole
authority to direct the defense of the state election law or laws being
challenged."
Strike lines
15 through 21
Page 41,
between lines 20 and 21, insert:
"Sec. 32. COVID-19; mitigation; state preemption
Notwithstanding
section 26-307, Arizona Revised Statutes, the COVID-19 pandemic is a
matter of statewide concern. A county, city or town may not make or issue any
order, rule, ordinance or regulation related to mitigating the COVID-19
pandemic that impacts private businesses, schools, churches or other private
entities, including an order, rule, ordinance or regulation that mandates using
face coverings, requires closing a business or imposes a curfew. A county,
city or town may set and enforce mitigation policies in a building that is
owned by the county, city or town."
Renumber to
conform
Page 43,
strike lines 42 through 44, insert:
"Sec. 39. Termination of condominium; exception
Notwithstanding
section 33-1228, Arizona Revised Statutes, until from and after June 30,
2022, a condominium may be terminated only by agreement of unit owners of units
to which one hundred percent of the votes in the association are allocated
except:
1. In
the case of a taking of all the units by eminent domain.
2. If
the declaration specifies a smaller percentage, but only if all of the units in
the condominium are restricted exclusively to nonresidential uses.
3. That
nothing in this section may impair or otherwise interfere with an existing
contract.
Sec. 40. Special committee on the election audit; duties; delayed repeal
A. The
special committee on the election audit is established consisting of the
members of the senate government committee.
B. The
special committee shall:
1. Receive
and review the findings of the senate audit of the 2020 general election in
Maricopa county.
2. Recommend
to the president of the senate the appropriate legislative action based on the
findings of the audit, including a call for a special session of the
legislature to implement the special committee's recommendations.
C. This
section is repealed from and after December 31, 2021."
Sec. 41. Applicability
Section 5-576,
Arizona Revised Statutes, as added by this act, applies to any contract or
other agreement entered into, amended or extended on or after the effective
date of this act."
Amend title to conform