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Capitol Roundup – January 22, 2021

Capitol Roundup – January 22, 2021

The More Things Change
​At the Statehouse…
New year, new legislative session. If we didn’t know better, though, you might be able to convince us we were still in that bygone era – 2020 – when a pandemic ravaged the globe and its impact was felt in every aspect of life. Nearly a year after COVID-19 first darkened our doorsteps, and despite nearly miraculous advances in treatment – including development of multiple vaccines now in use – the danger from this pesky little virus has not abated.
And although our elected representatives are back on the job after an early (and, let’s be honest, controversial) adjournment last year, the usually festive atmosphere at the Capitol just isn’t in evidence this year. Between confusing rules related to visitors and those wishing to testify in committee, concerns about personal safety, and even contention among lawmakers about who is and who is not required to follow mask-wearing rules, the atmosphere is thick with uncertainty. Add in the lingering battles over 2020 election results and, well, you’ll have to look far and wide to find ground for bipartisan cooperation.

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Danger Days
While it’s usually great to be #1, when you’re top-ranked with “the worst per capita coronavirus infection rate in the nation” it forces a little introspection. (Of course, things might be looking up. In early January we had the worst infection rate in the world.) The state has undertaken widespread public education campaigns and opened large-scale, around-the-clock vaccination centers at sports arenas and other large venues, but nearly 723,000 Arizonans have already been diagnosed with the virus and many thousands more are presumed to have contracted it but not gone through formal testing.The vaccination rollout, although surpassing the 400,000 mark this past week, has been plagued with inconsistencies in county-by-county rules regarding eligibility, variations in how rules are applied, and both online and onsite difficulties. And although healthcare workers and provider staff have generally been able to receive at least the first dose of their vaccination, the vast majority of individuals with disabilities who do not live in a state-licensed group home remain in the lower vaccination priority groups and may not receive a first dose for several more months – despite widely-recognized vulnerability among segments of the I/DD community to many of the worst effects of the virus.
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Some Dare Call It Suppression
In a move that should surprise literally no one, given the aftermath of the November 2020 presidential election, Republican legislators introduced a series of voter-related bills during the first two weeks of the legislative session that sponsors claim will improve the integrity of elections in Arizona. Opponents, on the other hand, view the various measures as attempts to suppress voter turnout among historically marginalized communities or simply make it more difficult for residents to enact change through the initiative process.While several of the bills are limited to calling for closer scrutiny of ballots cast and another aims to more regularly purge inactive voters from the state’s Permanent Early Voting List, Rep. Kevin Payne’s two more drastic bills would do away with PEVL altogether – despite its popularity among Arizonans of all political persuasions and a decades long history without controversy – and require that all early mail-in ballots be notarized.

Advocates for people with disabilities, aging Arizonans, and various communities throughout the state responded immediately, pointing out, among other things, that such proposals will disproportionately affect individuals who face transportation and accessibility challenges as well as the tens of thousands who cannot readily avail themselves of a notary or who would be forced to pay for notarization services – effectively a poll tax, they say.

Let Me Teach You ‘Bout the Birds and the Bees…Or, Not
Among the many bills re-introduced in the new legislative session (because they were not heard in 2020’s abbreviated session), about a half dozen address sex education in Arizona schools – either advocating for expansion of age-appropriate and scientifically accurate curriculum or for strict limits on which students, at what age and under what circumstances, will be permitted to participate in sex ed. Even before the onset of the COVID-19 pandemic, leadership in both the House and Senate kept such bills at bay in hopes of making last year’s session as non-controversial as possible. Now that controversy is the order of the day, and with all parties recognizing the more polarized positions of the Legislature’s new makeup, these bills may be a perfect fit.
Priority Bills
  • H2023 (SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE) – Dept of Education required to investigate written complaints alleging that a “noncertificated person” has engaged in immoral or unprofessional conduct. State Board of Education authorized to review complaint to determine whether to take disciplinary action against noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting person’s employment at school district or charter school for up to five years. School districts and charter schools required to conduct search of educator information system maintained by Dept on prospective employee and prohibited from employing in position that requires valid fingerprint clearance card either certificated person whose certificate has been suspended, surrendered or revoked and not reinstated, or noncertificated person prohibited from employment at a school district or charter school by Board under this legislation. Passed House Education 01/13/21. To be heard in House Rules Monday 01/25/21 at 1:00 PM, House Rm. 4. Watch here.
  • H2046 (DISABILITY LICENSE PLATES; MINORS) – Dept of Transportation required to issue special disability license plates to person who is parent or legal guardian of minor with permanent physical disabilities. Person issued special disability license plate on behalf of minor under this requirement may only use designated and marked parking space when transporting minor with permanent physical disabilities. Passed House Transportation 01/21/21. To be heard in House Rules Monday 01/25/21, 1:00 PM, House Rm. 4. Watch here.
  • H2065 (MEDICAL FREEDOM; PARENTAL RIGHTS) – Students no longer prohibited from attending school without submitting documentary proof of required immunizations to the school administrator. Schools prohibited from requiring student to receive recommended immunizations and from refusing to admit or otherwise penalizing student because student has not received recommended immunizations. Student who lacks documentary proof of immunization may be excluded from school only if student lacks immunization for which there is active case of disease that immunization is intended to prevent in that student’s school and if Dept of Health Services or local health department has declared outbreak of that disease for area that includes student’s school. Referred to House Health & Human Services and House Education.
  • H2082 (COERCION; THEFT BY EXTORTION) – Establishes crime of coercion and classifies coercion as class 1 (highest) misdemeanor. Person commits coercion by compelling or inducing another person to engage in conduct which that other person has legal right to abstain from engaging in, to abstain from engaging in conduct in which that other person has legal right to engage, or to join a group, organization or criminal enterprise which that other person has right to abstain from joining, by means of instilling in that other person fear that, if demand is not complied with, person or some other person will take any of a list of specified actions, including causing physical injury to person or engage in other conduct constituting a crime. Referred to House Judiciary.
  • H2097 (ACJC; VICTIM COMPENSATION FUND; ALLOCATION) – Rules that Arizona Criminal Justice Commission must adopt for Victim Compensation and Assistance Fund must provide that following costs are eligible and can be included in claim for compensation: Native American ceremony or burial expenses, and mental health counseling and care provided by person who is employee of or contracted with tribal health care organization, Indian Health Services, any veterans administration provider or urban Indian health program. Referred to House Military Affairs & Public Safety.
  • H2102  (AHCCCS; PREGNANT WOMEN; DENTAL CARE) – List of covered services under AHCCCS is expanded to include comprehensive dental care during pregnancy for women at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from the general fund in FY2021-22 to the AHCCCS Administration for dental services to pregnant women and $3.63 million from the general fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of this benefit. Referred to House Health & Human Services and House Appropriations.
  • H2104 (DIFI; DIRECTOR; REPORT; SURPRISE BILLING) – Director of Dept of Insurance and Financial Institutions required to produce report on “surprise billing” (defined) by January 1, 2022, and submit report to Governor and Legislature. Director is authorized to contract with one or more entities to produce the report. Referred to House Health & Human Services.
  • H2107 (DCS; INVESTIGATION; SCHOOLS; CHILDREN; DISABILITIES) – A child safety worker or child safety investigator is authorized to enter school that teaches “child with a disability” (defined) to investigate report of abuse of such child at school. Referred to House Health & Human Services.
  • H2113 (CHARITABLE CONTRIBUTION; DEDUCTION; INFLATION ADJUSTMENT) – For tax years beginning with 2022, Dept of Revenue required to adjust percentage of taxpayer’s charitable deductions that are allowed in addition to standard deduction for personal income taxes according to average annual change in metropolitan Phoenix Consumer Price Index published by US Dept of Labor, except that adjusted percentage cannot exceed 100 percent. Revised percentage must be raised to nearest whole percent and cannot be revised below amounts prescribed in the prior taxable year. Passed House Ways & Means 01/20/21. To be heard in House Rules (Monday 01/25/21 at 1:00 PM, House Rm. 4). Watch here
  • H2154 (MEDICAL CONDITIONS; MEDICAL MARIJUANA) – List of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder. Physician who provides written certification for qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to qualifying patient’s designated caregiver marijuana’s potency and quantity and frequency of use, assess qualifying patient on a monthly basis until physician is satisfied that qualifying patient is taking a stable dose for most beneficial results, and continue to monitor qualifying patient every six months. Physician also required to report results annually to Dept of Health Services. Requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. No actions posted for this bill.
  • H2155 (EARLY CHILDHOOD MENTAL HEALTH; APPROPRIATIONS) – Establishes Early Childhood Mental Health Consultation and Referral Pilot Program to support social and emotional well-being of children who are not yet in kindergarten and to prevent, identify and reduce challenging behaviors. Dept of Economic Security required to award contract on competitive basis to service provider that demonstrates ability to implement Program. Appropriates $2 million from general fund in each of FY2021-22 through FY2025-26 to DES for Program. The Program self-repeals July 1, 2026. Referred to House Health & Human Services and House Appropriations.
  • H2184 (SEX EDUCATION; PARENTAL CONSENT; SCHOOLS) – School districts and charter schools prohibited from providing sex education instruction before 6th grade. Prohibits charter schools, in addition to school districts, from providing sex education instruction to student unless student’s parent provides written permission (opt-in). Written permission from parent also required for student to participate in instruction on AIDS and HIV. School districts and charter schools required to make any sex education curricula, including curricula related to instruction on AIDS/HIV, available for parent’s review, and to notify parents where curricula is available before parent provides written permission. Before school district or charter school offers sex education instruction, school district governing board or charter school governing body required to review and approve sex education course of study and ensure compliance with statute. Before approval, board must make any proposed sex education course of study available to public for review and comment. By December 15, 2021, each school district and charter school that offers any sex education instruction is required to review its course of study and revise it to comply with legislation. No actions posted for this bill.
  • H2186 (PROSECUTION; DEFERRED; DIVERTED) – County attorney no longer prohibited from diverting or deferring the prosecution of a person who has been previously convicted of a serious offense, a sexual offense, a dangerous offense, or a dangerous crime against children, or who has been convicted three or more times of either personal possession of a controlled substance or personal possession of drug paraphernalia. No actions posted for this bill.
  • H2213 (SEXUAL VIOLENCE; INTERPRETERS; SERVICE PROVIDERS) – A linguistic interpreter is prohibited from disclosing as a witness and communication between a victim and a linguistic interpreter is protected in the same manner as communication between a victim and a crime victim advocate. Establishes the Sexual Assault Services Fund, to be administered by the Department of Economic Security (DES). DES is required to spend monies in the Fund to provide financial assistance through a competitive grant process to “sexual violence service providers” (defined) for victims of sexual violence through contracts for services. Eligibility requirements to receive Fund monies are specified. Appropriates $10 million from the general fund in FY2021-22 to the Fund for providing the grants. Referred to House Judiciary and House Appropriations.
  • H2233 (APPROPRIATION; DOMESTIC VIOLENCE; SEXUAL ASSAULT) – Appropriates $2 million from general fund in FY2021-22 to Dept of Economic Security to distribute to Indian tribes located in Arizona for culturally sensitive domestic violence and sexual assault crisis intervention. Referred to House Judiciary and House Appropriations.
  • H2251 (SEX EDUCATION; COMPREHENSIVE; MEDICALLY ACCURATE) – School districts required to provide sex education that is “medically accurate” and “comprehensive” (both defined). At request of student’s parent, school district is required to excuse student from instruction on sex education (opt-out). School districts required to notify each parent of ability to withdraw student from instruction. On request, Dept of Education required to assist school district with suggested course of study and/or teacher training.  No actions posted for this bill.
  • H2254 (END-OF-LIFE DECISIONS; TERMINALLY ILL PATIENTS) – “Qualified patient” (defined) permitted to make written request for medication to end patient’s life. Establishes process for request, including requirement for it to be signed and witnessed by at least two persons who meet specified requirements. Also establishes required procedures for attending physician and consulting physician. Requires 15-day waiting period and provides for effect on construction of wills and contracts. Specifies immunities and civil penalties for violations. Severability clause. No actions posted for this bill.
  • H2256 (MEDICAL MARIJUANA; PHYSICIANS; DEFINITION) – For purpose of medical marijuana regulations, definition of “physician” is expanded to include licensed nurse practitioner or licensed physician assistant who is authorized to prescribe opioids. Legislation requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to House Health & Human Services and House Commerce.
  • H2269 (INSURANCE; PREEXISTING CONDITIONS; ESSENTIAL BENEFITS) – Every health care insurer that offers individual or “small employer group” (defined) health plan in Arizona is required to provide coverage for at least following ten essential benefits: ambulatory services, emergency services, hospitalization, maternity and newborn care, mental health and substance abuse disorder services, prescription drugs, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services, and pediatric services, including oral and vision care. Health care insurers cannot prohibit or deny health plan for individual under an individual or small employer group plan based solely on individual’s health status, include “preexisting condition exclusions or limitations” (defined) in any health plan, cancel or refuse to renew health plan based solely on individual’s preexisting condition, impose annual or lifetime dollar limits on essential benefits listed, or apply additional deductible, copayment or coinsurance based solely on an individual’s preexisting condition. No actions posted for this bill.
  • H2275 (AHCCCS; DENTAL CARE; PREGNANT WOMEN) – List of covered services under AHCCCS is expanded to include comprehensive dental care for women at least 21 years of age and in any stage of pregnancy. Appropriates $178,900 from the general fund and $478,300 from federal Medicaid authority in FY2021-22 to AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from Prescription Drug Rebate Fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to introduction of dental benefit for pregnant women. No actions posted for this bill.
  • H2290 (HEALTH CARE INSTITUITIONS; ACCREDITATION; INSPECTIONS) – Dept of Health Services authorized to accept accreditation report in lieu of compliance inspection for any health care institution, instead of only behavioral health residential facility providing services to children, only if institution is accredited by independent, nonprofit accrediting organization approved by Secretary of the U.S. Dept of Health and Human Services, and institution has not been subject to enforcement action within year preceding annual licensing fee anniversary date. To be heard in House Health & Human Services Monday 01/25/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2291 (AHCCCS; PREGNANT WOMEN; DENTAL CARE) – List of covered services under AHCCCS is expanded to include comprehensive dental care during a pregnancy for women at least 21 years of age and in any stage of pregnancy. Appropriates $468,000 from general fund in FY2021-22 to AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2021-22 to AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. To be heard in House Health & Human Services Monday 01/25/21 at 2:00 PM, House Rm. 4. Watch here. To be heard in House Appropriations Wednesday 01/27/21 at 2:00 PM, House Rm. 1. Watch here.
  • H2298 (MEDICAL MARIJUANA; RESEARCH; GRANTS) – Arizona Biomedical Research Center in Dept of Health Services required to provide competitive grants from monies in Medical Marijuana Fund for marijuana research studies, including clinical testing for safety and efficacy of using marijuana and researching public health implications of medical marijuana use in Arizona and impacts of marijuana interactions with prescription drugs. Center authorized to provide up to $5 million annually for five consecutive years from Fund to administer and award competitive grants. Legislation requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. To be heard in House Health & Human Services Monday 01/25/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2299 (DHS; LONG-TERM FACILITY SURVEYORS) – Makes supplemental appropriation of $1 million and 13 FTE from the general fund in FY2021-22 to Dept of Health Services to hire additional long-term care facility surveyors. To be heard in House Health & Human Services Monday 01/25/21 at 2:00 PM, House Rm. 4. Watch here. To be heard in House Appropriations Wednesday 01/27/21 at 2:00 PM, House Rm. 1. Watch here.
  • H2300 (GROUP HOMES; MONITORING; APPROPRIATION) – Establishes 3-year Developmental Disabilities Group Home Monitoring Pilot Program in Dept of Economic Security, which requires designated entity to monitor and inspect in person all group homes once each year and take other specified regulatory actions. DES required to develop process to determine which of its clients are at higher risk of abuse or neglect. Appropriates $1.2 million from general fund in FY2020-21 to DES for Pilot Program. No actions posted for this bill.
  • H2369 (EARLY BALLOTS; NOTARIZATION; IDENTIFICATION) – Requires voter’s signature on early ballot return envelope to be notarized. For early ballot that is delivered to polling place or other location designated to receive voted early ballots, voter is required to present identification to election board worker as required for in-person voting. Family member and household member are removed from list of persons authorized to collect early ballot on behalf of voter. No actions posted for this bill.
  • H2370 (PERMANENT EARLY VOTING LIST; REPEAL) – Repeals permanent early voting list. No actions posted for this bill.
  • H2378 (RANKED CHOICE VOTING; PRESIDENTIAL PREFERENCE) – Presidential preference election required to be conducted using ranked choice voting when three or more candidates qualify for political party’s ballot. Establishes requirements for tabulating ranked choice votes. Secretary of State required to conduct voter education and outreach campaign to familiarize voters with ranked choice voting, and ensure that explanation of ranked choice voting posted at each polling place and included with each early ballot. No actions posted for this bill.
  • H2409 (ADULT PROTECTIVE SERVICES; AUDIT; APPROPRIATION) – Auditor General required to engage independent consultant with expertise in adult protective services operations and investigations to examine current adult protective services and consider best practices to improve delivery of services in Arizona. Consultant required to submit report of its findings and recommendations to Governor and Legislature by July 1, 2022. Appropriates $300,000 from the general fund in FY2021-22 to Auditor General for this purpose. No actions posted for this bill.
  • H2423 (IMMUNIZATIONS; EXEMPTION; REQUIREMENTS) – A person who is required to receive an immunization for any purpose, including as condition of employment, school attendance or obtaining any license, certification or degree, allowed to claim exemption from immunization requirement if there is not a vaccine that has been approved by the U.S. Food and Drug Administration available to fulfill requirement that also meets all of a list of specified criteria, including that risk of permanent disability or death from vaccine has been proven to be less than that caused by infection it is intended to prevent. A person may claim exemption on person’s own behalf or on behalf of person’s child or dependent. No actions posted for this bill.
  • H2428 (VICTIMS’ PRIVACY; CRIMINAL CASE INFORMATION) – A victim’s identifying and locating information obtained, compiled or reported by law enforcement agency or prosecution agency must be redacted from records pertaining to criminal case involving victim, including discovery disclosed to defendant’s attorney or any of attorney’s staff. To be heard in House Criminal Justice Reform Wednesday 01/27/21 at 2:00 PM, House Rm. 4. Watch here.
  • H2454 (TELEHEALTH; HEALTH CARE PROVIDERS; REQUIREMENTS) – Modifies requirements for health and disability insurers to cover telehealth services, and applies these requirements to policies issued, delivered or renewed on or after January 1, 2021. Insurers required to reimburse health care providers at same level of payment for equivalent services whether provided through telehealth or in-person care. Definition of “telehealth” expanded to include use of audio-only telephone encounter between insured and health care provider if specified conditions are met. Medical examinations for workers’ compensation insurance may be conducted via telehealth with consent of both employee and requesting party. Health care provider regulatory board or agency prohibited from enforcing any statute, rule or policy that would require health care provider licensed by that board or agency and authorized to write prescriptions to require in-person examination of patient before issuing a prescription, except as specifically prescribed by federal law. Health care providers required to make good faith effort to use best practices in determining whether health care service should be provided through telehealth instead of in person. Health care providers licensed in another state authorized to provide telehealth services to person in Arizona if provider complies with list of requirements, including maintaining liability insurance and following community of care standards. Establishes 22-member Telehealth Advisory Committee on Telehealth Best Practices to review standards for telehealth best practices and relevant peer-reviewed literature. Emergency clause. No actions posted for this bill.
  • H2509 (AHCCCS; DES; PROGRAM DATA) – Director of AHCCCS is required to post on AHCCCS public website comprehensive, disaggregated data on utilization and program demographics for AHCCCS, Arizona Long-Term Care System (ALTCS), and Children’s Health Insurance Program (CHIP or KidsCare). Director of Dept of Economic Security (DES) required to post on DES public website comprehensive, disaggregated data on utilization and program demographics for unemployment insurance, Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), and child care assistance. AHCCCS Director and DES Director required to update this data quarterly. No actions posted for this bill.
  • H2521 (LONG-TERM CARE; HEALTH AIDES) – Subject to approval by Centers for Medicare and Medicaid Services, Director of AHCCCS Administration required to implement program under which licensed health aide services may be provided to Arizona Long-Term Care System (ALTCS) members under 21 years of age. Licensed health aide services may be provided only by parent, guardian or family member who is licensed health aide employed by Medicare-certified home health agency service provider. Person who wishes to practice as licensed health aide required to apply to Board of Nursing and pay application fee of $50. Establishes qualifications for licensure as health aide, including completion of training program approved by Board and competency examination. No actions posted for this bill.
  • H2532 (EMOTIONAL ABUSE; VULNERABLE ADULTS) – For purpose of Adult Protective Services statutes, definition of “abuse” is expanded to include “emotional abuse” (defined). No actions posted for this bill.
  • H2533 (STATEWIDE ADA COORDINATOR; APPROPRIATION) – Governor’s Office of Equal Opportunity required to hire full-time statewide Americans with disabilities coordinator to implement annual plan to carry out requirements of Americans with Disabilities Act in Arizona. Appropriates $100,000 and 1 FTE position from general fund in FY2021-22 to Office for coordinator. No actions posted for this bill.
  • H2534 (HEALTH CARE INSTITUTIONS; EDUCATION; ABUSE) – Dept of Health Services and Dept of Economic Security required to jointly develop curriculum to educate and train all persons who are employed in capacity of caring for vulnerable adults on signs of neglect and abuse, including sexual abuse. Beginning January 1, 2022, each health care institution, group home and intermediate care facility for individuals with intellectual disabilities required to provide mandatory education and training using curriculum to each person working in health care institution, group home or intermediate care facility that provides care to vulnerable adults. Person is required to complete education and training before beginning employment and update the education and training annually. Emergency clause. No actions posted for this bill.
  • H2535 (MANDATORY REPORTING; VULNERABLE ADULTS; PENALTIES) – List of persons with duty to report reasonable belief that vulnerable adult has been victim of abuse, neglect or exploitation is expanded to include any “health professional” who has responsibility for care of vulnerable adult. If failure to report involves sexual offense, criminal classification is class 6 (lowest) felony, instead of class 1 (highest) misdemeanor. Emergency clause. No actions posted for this bill.
  • H2536 (SCHOOLS; INDIVIDUALIZED EDUCATION PROGRAMS; COMPLIANCE) – On receiving “special needs transfer student,” “receiving school” (both defined) required to recognize requirements specified within existing individualized education program (IEP), and ensure that specific educational services required in existing IEP are provided to student within 30 days after student’s first day of attendance at school. Receiving school may contest validity of existing IEP, but is required to follow requirements of existing IEP while it is being challenged and reevaluated, unless receiving school, with consent of parent, provides funding directly to parent to purchase appropriate services, in accordance with state and federal law. No actions posted for this bill.
  • H2538 (SUPPORTED DECISION-MAKING; SUPPORTER OBLIGATIONS) – Adds new article to Title 14 (Trusts, Estates and Protective Proceedings) regulating “supported decision-making agreements,” defined as agreement between adult with “disability” (defined as physical or mental impairment that substantially limits one or more major life activities) and “supporter” (defined) to enable adult to make life decisions without impeding adult’s self-determination. Adult is authorized to voluntarily enter into supported decision-making agreement to authorize supporter to provide supported decision-making, assist adult with accessing relevant information and understanding that information, and assist adult in communicating adult’s decisions to appropriate persons. Supported decision-making agreement is required to set forth rights and obligations of both adult and supporter. If supporter intimidates or deceives adult in procuring supported decision-making agreement, supporter is subject to criminal prosecution and civil penalties. Supporter prohibited from receiving compensation as result of supporter’s duties under supported-decision making agreement. An “interested person” (defined) authorized to file verified petition with superior court to determine validity of supported decision-making agreement. Supported decision-making agreement required to be signed by adult and supporter in presence of two or more subscribing witnesses or notary public. Supported decision-making agreement terminates if at any time adult becomes “incapacitated person” or on appointment of guardian. Establishes standard form for supported decision-making agreements and requires supported decision-making agreements to be in substantially that form. Supported decision-making agreement is added to definition of “governing instrument” for purpose of Title 14. Effective January 1, 2022. No actions posted for this bill.
  • H2539 (AHCCCS; COMPLEX REHABILITATION TECHNOLOGY) – AHCCCS required to establish focused rules and policies for “complex rehabilitation technology” (defined) products and services that consider customized nature of complex rehabilitation technology and broad range of services necessary to meet unique medical and functional needs of people with complex medical needs. Provisions that must be included in rules and policies are listed. No actions posted for this bill.
  • H2540 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida” (defined). No actions posted for this bill.
  • H2565 (AREA AGENCIES ON AGING; APPROPRIATION) – Appropriates $2.5 million from general fund in FY2021-22 to Dept of Economic Security to distribute to area agencies on aging for home and community-based services. Legislature intends that this appropriation be considered ongoing funding in future years. No actions posted for this bill.
  • HCR2006 (STATE OF EMERGENCY DECLARATION; TERMINATION) – Legislature declares Declaration of Emergency issued by Governor on March 11, 2020 due to COVID-19 outbreak is terminated. Secretary of State directed to transmit copy of resolution to Governor. No actions posted for this bill.
  • HCR2016 (INITIATIVES; SUPERMAJORITY VOTE REQUIREMENT) – The 2022 general election ballot to carry question of whether to amend state Constitution to require approval by 60 percent of votes cast on measure for an initiative or referendum measure to become law, instead of majority of votes cast. No actions posted for this bill.
  • S1003 (EARLY VOTING; SIGNATURE REQUIRED; NOTICE) – If signature is missing from early ballot envelope, county recorder or other officer in charge of elections required to make reasonable efforts to contact voter, advise voter of missing signature and allow voter to add signature no later than 7:00 PM on election day. Information that must be printed in instructions to early voters must include statement that ballot will not be counted without voter’s signature on envelope. Session law states that Legislature intends these are clarifying changes only and do not provide for any substantive change in the law. Referred to Senate Government.
  • S1005 (SCHOOLS; CHILD ABUSE PREVENTION EDUCATION) – Beginning in 2021-22 school year, school districts and charter schools required to establish education and training on child abuse prevention for employees and students in accordance with guidelines and curricula developed by Dept of Education. Information that must be included in education and training is specified. Each public school required to post in public area of school that is readily accessible to students sign that contains telephone number operated by Dept of Child Safety to receive reports of child abuse or neglect. Referred to Senate Education and Senate Appropriations.
  • S1007 (PARENTAL RIGHTS; TERMINATION; SEXUAL ASSAULT) – At any time, parent of child who was conceived as result of “sexual assault” (defined) committed against that parent by child’s other parent may file petition to terminate parental rights of parent who committed sexual assault. Court authorized to grant petition to terminate parental rights if it finds by clear and convincing evidence that child was conceived as result of such sexual assault. It is presumed that termination of parental rights under these circumstances is in best interest of child. If parent who is subject of the petition pleads guilty to or is convicted of sexual assault, court must accept guilty plea or conviction as conclusive proof that child was conceived as result of sexual assault by that parent. Referred to Senate Judiciary.
  • S1008 (CLERGY; PRIESTS; DUTY TO REPORT) – List of persons with duty to report reasonable belief that minor has been victim of abuse or neglect is modified so that member of clergy or priest who has received confidential communication or confession about abuse cannot withhold reporting of communication or confession if there is reasonable suspicion to believe that abuse is ongoing, will continue or may be threat to other minors. Member of clergy or priest who has knowledge or reasonable suspicion that person is committing or may commit child abuse or neglect required to immediately report information to peace officer, to Dept of Child Safety or to tribal law enforcement or social services agency, except if report concerns person who does not have care, custody or control of minor, report must be made to peace officer only. Some exceptions. Referred to Senate Health and Human Services.
  • S1028 (ALTERNATIVE ASSESSMENT; SPECIAL EDUCATION) – State Board of Education required to adopt rules that allow student to participate in alternative testing instead of required statewide testing if student is enrolled in special education program and meets criteria specified by Board. Establishes 13-member Alternative Assessment Study Committee to discuss alternative assessments and related issues. Passed Senate Education 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1). Watch here.
  • S1030 (GUILTY EXCEPT INSANE; COURT JURISDICTION) – Repeals Psychiatric Security Review Board. Beginning from and after effective date of this act, superior court has exclusive supervisory jurisdiction over all persons under supervision of Board on the effective date of this legislation. Superior court vested with powers and duties of Board as they existed before effective date of legislation. Various sections of statute repealed and replaced or transferred to different section of statute. Impossible to determine new provisions without a line by line comparison. Effective July 1, 2022. Referred to Senate Judiciary.
  • S1058 (SCHOOLS; LEARNING MATERIALS; ACTIVITIES) – By July 1 of each year, each school district and charter school required to prominently list on publicly accessible portion of website “learning materials” and “activities” (both defined) that were used for student instruction at school during prior school year, organized by subject area and grade, and any procedures in effect for review or approval of learning materials and activities. Information that must be included in list is specified. To be heard in Senate Education Tuesday 01/26/21 at 2:00 PM, Senate Rm. 1. Watch here.
  • S1059 (MENTAL DISORDERS; CONSIDERATIONS; INVOLUNTARY TREATMENT) – For purpose of statutes relating to mental health services, including court-ordered evaluation and treatment, definition of “mental disorder” modified to remove language distinguishing mental disorder from conditions that are primarily those of drug abuse, alcoholism, or intellectual disability and from character and personality disorders. Person who has substance use disorder without any co-occurring mental disorder cannot be considered for involuntary treatment. Person who initially presents with impairments consistent with both mental disorder and substance use disorder eligible for screening and evaluation, and may be eligible for involuntary treatment if, after considering person’s history, appropriate examination and reasonable period of detoxification, impairments of mental disorder persist or recur. Person who has intellectual disability or character or personality disorder cannot be considered for involuntary treatment unless person also has mental disorder that would benefit from treatment. Passed Senate Health and Human Services 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here.
  • S1061 (SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE) – Dept of Education required to investigate written complaints alleging that a “noncertificated person” has engaged in immoral or unprofessional conduct. State Board of Education authorized to review complaint to determine whether to take disciplinary action against noncertificated person who has engaged in immoral or unprofessional conduct, including prohibiting person’s employment at school district or charter school for up to five years. School districts and charter schools required to conduct search of educator information system maintained by Dept on prospective employee and prohibited from employing in position that requires valid fingerprint clearance card either certificated person whose certificate has been suspended, surrendered or revoked and not reinstated, or noncertificated person prohibited from employment at a school district or charter school by Board under this legislation. Passed Senate Education 01/13/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here.
  • S1063 (ADMINISTRATIVE REVIEW OF AGENCY DECISIONS) – For review of final administrative decisions of agencies that regulate profession or occupation under Title 32 (Professions and Occupations), or specified articles in Title 36 (Public Health), which refer to nursing care institution administrators, assisted living facilities managers, midwives, hearing aid dispensers, audiologists and speech-language pathologists, trial is required to be de novo if trial de novo is demanded in notice of appeal or motion of appellee other than agency. In proceeding brought by or against regulated party, court is required to decide all questions of fact without deference to any previous determination that may have been made on question by agency. Referred to Senate Government.
  • S1069 (PERMANENT EARLY VOTING LIST; ELIGIBILITY) – If a voter fails to vote an early ballot in both primary election and general election for two consecutive primary and general elections for which there was a federal, statewide or legislative race on ballot, county recorder is required to remove voter from permanent early voting list and voter will no longer be sent early ballot by mail automatically. By December 1 of each even-numbered year, county recorder or other officer in charge of elections required to send notice to each voter removed under this provision informing voter that if voter wishes to remain on permanent early voting list, voter must confirm in writing, sign notice, and return completed notice within 30 days after notice is sent. Passed Senate Government 01/21/21.
  • S1085 (NURSING-SUPPORTED GROUP HOMES; LICENSURE) – By July 1, 2022, “nursing supported group home” operated in Arizona by service provider under contract with Dept of Economic Security required to be licensed as health care institution. Effective July 1, 2022, nursing supported group homes added to various statutes regulating group homes. Nursing supported group home not required to comply with zoning standards for health care institution prescribed by Dept of Health Services. Passed Senate Health and Human Services 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here.
  • S1092 (DEAF; HARD OF HEARING; DEAFBLIND) – Duties of Commission for the Deaf and the Hard of Hearing expanded to include issues and services relating to needs of “deafblind” (defined), and to include making recommendations to Legislature on assessment standards that optimize language acquisition and literacy development of deaf and hard of hearing newborns, infants and children. To be heard in Senate Health and Human Services Wednesday 01/27/21 at 9:00 AM, Senate Rm. 1. Watch here.
  • S1093 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida”. To be heard in Senate Health and Human Services Wednesday 01/27/21 at 9:00 AM, Senate Rm. 1. Watch here.
  • S1097 (PUPILS; EXCUSED ABSENCES; MENTAL HEALTH) – Arizona Dept of Education required to identify absence due to mental or behavioral health of pupil as excused absence. ADE authorized to adopt guidelines and rules for determining what constitutes absence due to mental or behavioral health of pupil. Passed Senate Education 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here
  • S1114 (SCHOOLS; REQUIRED POSTING; ABUSE HOTLINE) – School district schools and charter schools required to post in clearly visible location in public area of school that is readily accessible to students a sign that contains telephone number of centralized intake hotline concerning suspected abuse and neglect of children, instructions to call 911 for emergencies, and directions for accessing website of Dept of Child Safety for more information. Referred to Senate Education.
  • S1126 (APPROPRIATION; BEHAVIORAL RISK FACTOR SURVEY) – Appropriates $160,000 from general fund in FY2021-22 to Dept of Health Services to fund Arizona-specific behavioral risk factor surveillance survey on cognitive decline and caregiver modules.
  • Passed Senate Appropriations 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here.
  • S1135 (INCOME TAX SUBTRACTION; 529 CONTRIBUTIONS) – Subtraction from Arizona gross income for purposes of individual income taxes for contributions to college savings plans established under section 529 of federal Internal Revenue Code modified to allow taxpayers to subtract up to $2,000 per beneficiary, instead of $2,000 total, for single individual or head of household, and to subtract up to $4,000 per beneficiary, instead of $4,000 total, for married couple filing jointly. Retroactive to tax years beginning with 2021. To be heard in Senate Finance Wednesday 01/27/21 at 9:00 AM, Senate Rm. 109. Watch here.
  • S1141 (HEALTH CARE INSTITUTIONS; ACCREDITATION; INSPECTIONS) – Dept of Health Services authorized to accept accreditation report in lieu of compliance inspection for any health care institution, instead of only behavioral health residential facility providing services to children, only if institution is accredited by independent, nonprofit accrediting organization approved by Secretary of the US Dept of Health and Human Services, and institution has not been subject to enforcement action within year preceding annual licensing fee anniversary date. Passed Senate Health and Human Services 01/20/21. To be heard in Senate Rules Monday 01/25/21 at 1:00 PM, Caucus Rm. 1. Watch here.
  • S1142 (SMI; EMPLOYMENT; INCOME TAX CREDITS) – For tax years 2022 through 2024, establishes individual and corporate income tax credit for taxpayer who employs 100 employees or fewer and who employs at least one Arizona resident who is “seriously mentally ill” (defined elsewhere in statute). Amount of credit is $2 for each hour worked by eligible employee during calendar year, capped at $20,000 per taxpayer. If allowable amount of credit exceeds taxes due, unused amount may be carried forward for up to five consecutive taxable years. Credit is subject to aggregate cap of $5 million for any calendar year. Referred to Senate Finance.
  • S1158 (SCHOOLS; SEIZURE MANAGEMENT; TREATMENT PLANS) – Beginning in 2021-2022 school year, parent or guardian of student who has seizure disorder and is enrolled in public school in Arizona is authorized to submit to school district or charter school in which student is enrolled a copy of a seizure management and treatment plan developed by parent or guardian and physician responsible for student’s seizure treatment. Requirements for plan are specified. School districts, charter schools, employees of school districts or charter schools and nurses under contract with school district or charter school immune from civil liability with respect to all decisions made and actions taken based on good faith implementation of seizure management and treatment plan. By December 1, 2021, State Board of Education required to approve online course of instruction provided free of charge by nonprofit national foundation and that supports welfare of individuals with epilepsy and seizure disorders. School nurses and school employees whose duties include regular contact with students required to complete online course. Referred to Senate Education.
  • S1173 (FAMILY LEAVE) – An employee is entitled to total of 12 workweeks leave during any 12 month period for birth of child of employee, placement of a child with employee for adoption or foster care, to care for family member with serious health condition, or because of serious health condition that makes employee unable to perform functions of employee’s position. Employees authorized to take intermittent leave or leave on reduced leave schedule under specified conditions. If employer provides paid leave fewer than 12 weeks, additional weeks of leave may be provided without compensation. Establishes requirements for notice for foreseeable leave, spouses employed by same employer, certification of serious health conditions, restoration of employment after leave, and employment benefits during leave. Referred to Senate Commerce.
  • S1188 (RESULTS-BASED FUNDING; REPEAL; SPECIAL EDUCATION) – Repeals Results-Based Funding Fund and statute requiring Dept of Education to distribute monies from Fund to school districts and charter schools based on specified formula. Appropriates $68.6 million from general fund in FY2021-22 to Dept of Education to provide special education compensatory grants. Contains legislative intent section. Referred to Senate Education and Senate Appropriations.
  • S1189 (SPECIAL EDUCATION; GROUP B WEIGHTS) – Monies in Extraordinary Special Education Needs Fund are continuously appropriated, instead of subject to legislative appropriation. Arizona Dept of Education authorized to retain up to two percent of monies in Fund for administration purposes. ADE required to award monies from Fund to school districts and charter schools with eligible claims demonstrating that student receiving special education services has incurred costs in current year of at least statewide per pupil funding average multiplied by three. ADE required to evaluate claim requests on quarterly basis, and process for prioritizing funding if there are insufficient monies in Fund is specified. Certain special education related group B support level weights are increased. Appropriates $5 million from general fund in FY2021-22 to Fund. Referred to Senate Education and Senate Appropriations. To be heard in Senate Education Tuesday 01/26/21 at 2:00 PM, Senate Rm. 1. Watch here.
  • S1206 (HEALTH CARE INSURANCE; HEARING AIDS) – Dept of Insurance and Financial Institutions required to annually establish minimum coverage rates and coverage limits for adult and child hearing aids for each deaf or hard of hearing ear that would allow for at least 100 percent coverage of reasonable and customary hearing aids. “Health care insurers” required to provide coverage for purchase of hearing aid. Referred to Senate Finance.
  • S1209 (MEDICAL CONDITIONS; MEDICAL MARIJUANA) – List of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder. Physician who provides written certification for qualifying patient who is under 18 years of age and whose debilitating medical condition is autism is required to recommend to qualifying patient’s designated caregiver marijuana’s potency and quantity and frequency of use, assess qualifying patient on a monthly basis until physician is satisfied that qualifying patient is taking a stable dose for most beneficial results, and continue to monitor qualifying patient every six months. Physician also required to report results annually to Dept of Health Services. Requires affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to Senate Health and Human Services.
  • S1213 (POSTSECONDARY INSTITUTIONS; SEXUAL CONSENT POLICIES) – Each public and private college, university and community college in Arizona required to adopt policies to define consent to sexual activity that contain specified provisions. Referred to Senate Education.
  • S1220 (MENTAL HEALTH PROFESSIONALS; TRAUMA COUNSELING) – For purpose of programs to provide peace officers and firefighters with traumatic event counseling, definition of “licensed mental health professional” expanded to include mental health professionals who are licensed by Board of Behavioral Health Examiners and who hold either master’s or doctoral degree related to mental health profession. To be heard in Senate Health and Human Services Wednesday 01/27/21 at 9:00 AM, Senate Rm. 1. Watch here.
  • S1221 (VULNERABLE ADULTS; JURISDICTION; GRAND JURIES) – Any violation of Title 13 (Criminal Code) or Title 46 (Welfare) where victim is a “vulnerable adult” is added to list of offenses or violations of law that state grand jury’s authority to investigate and return indictments for is limited to. To be heard in Senate Judiciary Thursday 01/28/21 at 11:00 AM, Senate Rm. 1. Watch here.
  • S1256 (VICTIMS’ PRIVACY; CRIMINAL CASE INFORMATION) – A victim’s identifying and locating information obtained, compiled or reported by law enforcement agency or prosecution agency must be redacted from records pertaining to criminal case involving victim, including discovery disclosed to defendant’s attorney or any of attorney’s staff. Referred to Senate Judiciary.
  • S1292 (APPROPRIATION; DYSLEXIA AND LITERACY SERVICES) – Appropriates $2.5 million from general fund in FY2021-22 to Dept of Education for list of specified dyslexia and literacy services, including designating dyslexia specialist, implementing dyslexia screening plan, improving reading proficiency of pupils in kindergarten through 3rd grade, and distributing to school districts and charter schools to provide additional funding to support students with language-based learning struggles, including dyslexia. No actions posted for this bill.
  • S1318 (SCHOOLS; CORPORAL PUNISHMENT; PROHIBITION) – A teacher, principal or other school employee is prohibited from subjecting a student to “corporal punishment” (defined). No actions posted for this bill.
  • S1319 (APPROPRIATION; AGENCIES ON AGING; OMBUDSMAN) – Appropriates $1 million from general fund in FY2021-22 to Dept of Economic Security to distribute to area agencies on aging for ombudsman services. Legislature intends that appropriation be considered ongoing funding in future years. No actions posted for this bill.
  • S1320 (HEALTH INSURANCE; SURPRISE OUT-OF-NETWORK BILLS) – Statutes governing dispute resolution for surprise out-of-network bills is repealed. Other than applicable cost sharing requirement, enrollee is not responsible for payment of surprise out-of-network bill. Health insurer or any health plan offered by health insurer prohibited from imposing for emergency services provided to enrollee by out-of-network health care provider any cost sharing requirement that is greater than cost sharing requirement that would be imposed if emergency services were provided by in-network health care provider. If out-of-network health care provider renders emergency services to enrollee, health care provider is authorized to bill health insurer directly and health insurer is required to reimburse health care provider greatest of following amounts: amount enrollee’s health plan would pay for services rendered by in-network health care provider, “usual, customary and reasonable rate” (defined) for services, amount Medicare would reimburse for services, or amount that health care insurer agrees to pay that is greater than other three specified amounts. No actions posted for this bill.
  • S1321 (APPROPRIATION; ADULT PROTECTIVE SERVICES) Makes supplemental appropriation of $3 million and 43 FTE positions from general fund in FY2021-22 to Dept of Economic Security for Adult Protective Services. No actions posted for this bill.
  • SCR1001 (STATE OF EMERGENCY DECLARATION; TERMINATION)
  • Legislature declares Declaration of Emergency issued by Governor on March 11, 2020, due to COVID-19 outbreak is terminated. Secretary of State is directed to transmit copy of resolution to Governor. Referred to Senate Government and Senate Appropriations.

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On the Bright Side…
Passage of Prop. 207 last November made the nearly unthinkable – legal use of marijuana for recreational purposes – a reality in Arizona. And as of January 22nd, that legal recreational pot was for sale in nine counties around the state. There are limits on how much a person can purchase or possess, but both fans of the wacky weed and Arizona’s tax coffers are about to get a bit of a high.

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On the Federal Front…No Federal Update was available for the week of January 18-22. News from the nation’s Capital will return next week.

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