From the Offices of John K. Mangum, P.C.

Legislative Update vs. Business Issues – what’s the difference?

John Mangum provides two reports, one report that deals with issues directly related to the the death care industry, and another related to business issues.

The business report is provided to give you an overview of issues affecting business, which can also spill over into the death care industry or how you operate your businesses.

Archives: Legislative Watch

2018 Legislative Reports

2018 Legislation

Proposition 126 on the Ballot November 6

Here is a link that has arguments for and against Prop 126: https://azsos.gov/elections/initiative-referendum-and-recall
Arizona Proposition 126, the Prohibit New or Increased Taxes on Services Initiative, is on the ballot in Arizona as an initiated constitutional amendment on November 6, 2018.[1]

A “yes” vote supports this constitutional amendment to prohibit the state and local governments from enacting new taxes or increasing tax rates on services performed in the state.

A “no” vote opposes this constitutional amendment, thus retaining the power of the state and local governments to enact taxes on services in the future.

AZ News Service Session Update – May 4, 2018

After 116 days, multiple budget proposals and a teacher strike, the Legislature adjourned sine die at 12:26 a.m. Friday. The Senate and House closed out their business slowly and methodically, all while GOP leaders pushed for a way to undermine a referendum on a 2017 law expanding access to private school vouchers. But their effort was for naught, as Brophy McGee and Worsley remained steadfast in their opposition to the proposal, even as leadership pulled Worsley’s legislative priorities from calendars as punishment. The effort to repeal Laws 2017, Chapter 139 (S1431: empowerment scholarships; expansion; phase-in), approved in 2017, was never brought up for a vote. Brophy McGee and Worsley also helped defeat a measure to overhaul the Arizona redistricting process by adding new commissioners to the IRC. Elsewhere, lawmakers approved a new surcharge on traffic tickets to fund virtual reality training for law enforcement. In the House, two medical marijuana related bills sponsored by Borrelli failed to receive the super majority backing necessary to amend the state’s medical marijuana act despite broad bipartisan support. S1420 (medical marijuana; inspection; testing; appropriation) sought to give the Dept of Agriculture the authority to test marijuana as the agency does other edible crops, and got only 36 yes votes on reconsideration. Meanwhile, S1282 (medical marijuana fund; appropriation), which sought to establish requirements for registered non-profit medical marijuana dispensaries, also failed to clear the three-fourths vote threshold. A floor amendment to S1282 that tacked on an excise tax, which required a two-thirds vote, was approved. Mesnard told members after the vote that despite not reaching the three-fourths threshold, parts of the legislation were approved. He said he would leave it up to the clerk’s office to figure out which parts. But it was all in vain after the Senate defeated S1282, 10-19. The House also approved S1444 (schools; American civics education), 52-7, which would require the Dept of Education to develop a five-year pilot program set to begin in 2019 for an American civics education course for high school students. The bill appropriates $500,000 from the general fund in FY2019 to the pilot program. Finally, both chambers approved the 10 House bills that Ducey vetoed last month during a budget standoff with lawmakers over teacher raises.

It has been our pleasure to serve you this session and we will provide a full session report in the next few weeks. As a reminder the Governor after the adjournment of the session has 10 days to sign, veto or allow to become law without his signature. The general effective date is 90 days after the completion of the session unless otherwise specified in the bill. If you have any questions relating to any bills in the interim please contact us.

Trish & John

2017 Legislative Reports

2017 Legislation

2017 Final Reports

May 11, 2017

March 21, 2017

SB1296 has been held and is a dead bill as of today. It could be added as a strike to another piece of legislation, so Trish Hart will continue to monitor.

February 13, 2017

SB1295 and SB1296 were presented to the Commerce Committee.

SB1295 – http://www.azleg.gov/legtext/53leg/1r/bills/sb1295p.htm

SB1296 – http://www.azleg.gov/legtext/53leg/1r/bills/sb1296p.htm

SB1295 was effectively killed by the committee and will not be moving forward. 

SB1296 was passed and is moving to the senate. The issue that arose was that according to the commissioner, removing the embalming license portion also negates the need to go to mortuary school to receive a funeral director’s license. This means anyone can get a funeral director’s license.

February 10, 2017

January 27, 2017

2016 Legislative Reports

2016 Legislation

ADOA Licensing Study

2016 Final Reports

2016 Final Legislative Report (00018813)

2016 Final Legislative Report (00018828)

2016 Legislative Final Report (00018786)

March 12, 2016

March 4, 2016

HB2613 Update

The cremationist licensing requirements were restored in the attached amendment, see pages 7-15.

The only significant change is the addition of the following language:

“E. NOTWITHSTANDING ANY OTHER LAW, A RESPONSIBLE CREMATIONIST IS REQUIRED TO BE LICENSED PURSUANT TO THIS ARTICLE. ANY OTHER CREMATIONIST MAY BE LICENSED PURSUANT TO THIS ARTICLE BUT, IF NOT LICENSED, MAY ENGAGE ONLY IN CREMATION ACTIVITY THAT IS ALLOWED WITHOUT A LICENSE.”

HOUSE ADOPTED AMENDMENT: SUB Floor Amend to COM – Petersen – passed

See Adopted Amendment

February 10, 2016

January 25, 2016

2015 Legislative Reports

2015 Legislation

Below is your Final Legislative Report for the 2015 Session.  It is in three sections:       

  1. General Overview: 52nd Regular Session Overview (00018194)
  2. AFCCA Bills: AFCCA Final Legislative Update 2015 (00018203)
  3. General “Business” Bills: AZ BUSINSS Final Legislative Update 2015 (00018191)

March 4, 2015

February 27, 2015

February 24, 2015

Once again, HB 2116 (first introduced in 2014) has been brought and passed through committee. It is expected to go to House for vote within the next 2 weeks. The AFCCA is working to bring information to you as it is released. Below is a link to the bill that has been amended from last year. It now includes a clause that only affects pre-need arrangements going forward after the bill has passed.

Read the Amended Bill: HB 2116 

January 23, 2015

January 19, 2015

2014 Legislative Reports

Arizona House Bill 2267 “Burial; Instructions” received a do pass recommendation from the House Commerce committee on February 5, 2014.  On 2/20/2014, The bill was amended on the floor of the house by adding, “3.  THE INSTRUCTIONS DO NOT VIOLATE THE WRITTEN POLICIES AND PROCEDURES OF THE FUNERAL ESTABLISHMENT, CREMATORY OR CEMETERY.”  The bill was transmitted to the Senate on 2/24/2014 and assigned the Commerce, Energy and Military committee where it is currently being held.

4/21/14 Update: The bill H2267 is in the Senate awaiting committee of the whole action and third reading in the Senate. 

4/22/14 Update: The bill H2267 was stopped by it’s sponsor. It may be revisited in 2015.

The House Summary describes the provisions of the bill:

  • Permits decedents, prior to death, to direct in writing the disposition of their remains and specify funeral goods and services to be provided.
  • Prohibits any modifications to the decedents’ written instructions, except as required by law.
  • Mandates the decedents’ written instructions be carried out, if both of the following requirements are met:
  • Arrangements for payment are met, whether through trusts, insurance or commitments by others.
  • The written instructions are clear and complete with details that preclude any material ambiguity.

The house amendment adds a condition that the wishes of the decedent need not be followed if those wishes would violate a policy of the cemetery, crematory, or funeral establishment.

The Association Board discussed the bill with those seeking its passage when it was in its original form.  Some members of the board voiced concerns at that time but were not concerned enough to oppose those members of the association who had introduced the bill.  The Board decided at that time to remain neutral, not wishing to expend resources in support or in opposition.  We invite the members to give us their opinions and recommendations.

Final 2014 Legislative Reports

April 2014 NFDA Legislative Report

April 25, 2014

April 18, 2014

March 13, 2014

March 5, 2014

February 10, 2014