May 26, 2020
The Legislature officially adjourned sine die today at 11:21 a.m. The House adjourned last Thursday and was awaiting the response from the Senate. The Senate had planned to third read some house bills but a few minutes into the floor session a motion was made by the Democrats to adjourn the session sine die. Republicans Senator Paul Boyer, Senator Heather Carter and Senator Kate Brophy McGee voted with the Democrats and the session ended with them being on the floor for less than five minutes. The bills that the House transmitted for action in the Senate were not voted upon so they dead.
President Fann had indicated she had expected a motion to be made but did not expect it so soon. The President didn’t even have enough time to read the script transmitting the Senate bills approved by the House to send to Governor Ducey. Therefore, she will need to instruct the Senate Secretary to transmit the bills outside of the session because transmission is required by the state constitution. The COVID 19 liability bill passed by the House last week was not acted upon by the Senate so it is dead for now. There is a possibility that it will be part of an upcoming special session to deal with budget issues. Leadership stated they believe there will be a special session in the next 30 days to address outstanding budget issues related to the COVID-19 pandemic.
The Arizona Legislature passed the “responsible” budget March 23, 2020 and suspended further work until April 13th. Both the House and the Senate have adjourned until Monday, April 13th. They will determine at that time how the remainder of the session will be handled.
Legislative Update vs. Business Issues – what’s the difference?
AFCCA is provided 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.
Industry Legislative Reports
Proposition 126 on the Ballot November 6
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
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 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 Final Reports
March 12, 2016
March 4, 2016
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
February 10, 2016
January 25, 2016
- General Overview: 52nd Regular Session Overview (00018194)
- AFCCA Bills: AFCCA Final Legislative Update 2015 (00018203)
- 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
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
- AZ BUSINESS Final Legislative Update 2014 (00017515)
- 2014 Session Report (00017477)
- AFCCA Final Legislative Update 2014 (00017495)
April 2014 NFDA Legislative Report
April 25, 2014
April 18, 2014
March 13, 2014
March 5, 2014
February 10, 2014