Capitol Roundup – February 5, 2021

Hey, did you hear – it’s Super Bowl weekend! Maybe you don’t care, what with the home-state team nowhere to be found. But it seems there’s still an Arizona connection: Word is, some of the guys on the field spent a little time in Arizona and one of the head coaches actually used to work in Phoenix. Who knew? It’s such a small world.If only the work of policymakers had a halftime show. Instead, legislators this week had to down their Pepsi and Doritos (unpaid product placement) in earnest and with some serious controversy brewing. Whether placing criminal penalties on abortions performed due to fetal abnormality or seeking to arrest Maricopa County Supervisors for contempt in failing to turn over 2020 election equipment and records, or even Party in-fighting about whether it’s okay to demand audits of other people’s elections but not your own – and so very much more – elected officials had a lot to nibble on.

• 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 58-0 01/28/21. Substituted for identical bill S1061, passed Senate 29-0. Signed by Governor 02/05/21.
• 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 59-0 01/28/21. Ready for Senate.
• 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. Passed House 44-15 02/02/21. Ready for Senate.
• H2141 (APPROPRIATIONS; ALTERNATIVE PROSECUTION; DIVERSION PROGRAM) – Appropriates $11,264,625 from general fund in each of FY2021-22, FY2022-23, and FY2023-24 to Arizona Criminal Justice Commission for alternative prosecution and diversion programs. Specifies amounts to be allocated each fiscal year to each county attorney’s office. Monies may be used only to establish and operate alternative prosecution and diversion programs, and to explore, develop, apply and evaluate evidence-based best practices for alternative prosecution and diversion programs. Passed House Judiciary 02/03/21.
• 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. Referred to House Health & Human Services.
• 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 Monday 02/08/21 2:00 PM, House Rm. 4. Watch here.
• 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. Referred to House Education and House Health & Human Services.
• 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. Passed House Judiciary Wednesday 02/03/21.
• 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. Referred to House Health & Human Services and House Judiciary.
• 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. Referred to House Health & Human Services.
• 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. Referred to House Health & Human Services and House Appropriations.
• H2290 (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 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. Passed House Health & Human Services 01/25/21.
• 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. Held on House Health & Human Services 01/25/21.
• 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. Passed House Health & Human Services 01/25/21.
• 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. Passed House Health & Human Services as amended 01/25/21. Passed House Appropriations 01/27/21.
• 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. To be heard in House Health & Human Services Monday 02/08/21 2:00 PM, House Rm. 4. Watch here.
• H2334 (DANGEROUS; INCOMPETENT PERSON; EVALUATION; COMMITMENT) – Establishes new chapter in Title 36 (Public Health and Safety) governing procedures for dangerous and incompetent persons who are committed. Requires biannual examination of such persons, and requires court to hold hearing on examination report that indicates person is no longer dangerous or incompetent. Committed incompetent allowed to petition court for conditional release or discharge under certain circumstances; requirements for hearings and determinations on petition are established. Establishes requirements for detention and commitment and for revocation of conditional release. Committed incompetent cannot be transported from licensed facility except for specified reasons. Also makes various changes to statutes relating to determining whether defendant is dangerous or incompetent. Retroactive to January 1, 2021. Passed House Judiciary 02/03/21.
• 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. Referred to House Government & Elections.
• H2370 (PERMANENT EARLY VOTING LIST; REPEAL) – Repeals permanent early voting list. 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. To be heard in House Health & Human Services Monday 02/08/21 2:00 PM, House Rm. 4. Watch here. To be heard in House Appropriations Wednesday 02/10/21 2:00 PM, House Rm. 1. Watch here.
• 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. Referred to House Health & Human Services.
• 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. Passed House Criminal Justice Reform 01/28/21.
• 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. Passed House Health & Human Services as amended 02/01/21.
• 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. Passed House Health & Human Services 02/01/21.
• H2531 (AHCCCS; ELIGIBILITY DETERMINATION) – Subject to approval by Centers for Medicare and Medicaid Services, AHCCCS Administration required to use average of six months of income to determine person’s eligibility for AHCCCS benefits. To be heard in House Health & Human Services Monday 02/01/21 at 2:00 PM, House Rm. 4. Watch here.
• H2532 (EMOTIONAL ABUSE; VULNERABLE ADULTS) – For purpose of Adult Protective Services statutes, definition of “abuse” is expanded to include “emotional abuse” (defined). Referred to House Health & Human Services.
• 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. To be heard in House Health & Human Services Monday 02/08/21 at 2:00 PM, House Rm. 4. Watch here. To be heard in House Appropriations Wednesday 02/10/21 2:00 PM, House Rm. 1. Watch here.
• 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. Referred to House Health & Human Services.
• 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. Referred to House Health & Human Services and House Judiciary.
• 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. Referred to House Judiciary.
• 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. Referred to House Health & Human Services.
• H2540 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida” (defined). To be heard in House Health & Human Services Monday 02/08/21 at 2:00 PM, House Rm. 4. Watch here.
• 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. To be heard in House Health & Human Services Monday 02/01/21 at 2:00 PM, House Rm. 4. Watch here. To be heard in House Appropriations Wednesday 02/10/21 2:00 PM, House Rm. 1. Watch here.
• H2584 (NURSING SUPPORTED GROUP HOMES; LICENSURE) – By July 1, 2022, “nursing supported group home” (defined) operated in Arizona by service provider under contract with Dept of Economic Security is required to be licensed as health care institution. Effective July 1, 2022, nursing supported group homes added to various statutes regulating group homes. A nursing supported group home is not required to comply with zoning standards for health care institution prescribed by Dept of Health Services. Referred to House Health & Human Services.
• H2585 (OCCUPATIONAL THERAPISTS; FINGERPRINT CLEARANCES CARDS) – Beginning January 1, 2022, applicant for licensure by Board of Occupational Therapy Examiners is required to possess valid fingerprint clearance card, instead of being required to submit full set of fingerprints for criminal records check. Effective January 1, 2022. Passed House Health & Human Services 02/01/21.
• H2600 (SEXUAL ASSAULT SURVIVORS; RIGHTS) – Establishes list of rights that survivor of sexual assault has, including right to consult with sexual assault victim advocate, right to not be charged for medical evidentiary examination, right to prompt analysis of sexual assault kit evidence, right to be reasonably protected from defendant, and right to not be required to submit to polygraph examination. No actions posted for this bill.
• H2647 (SCHOOLS; SEX EDUCATION INSTRUCTION) – All school districts and charter schools required to provide sex education instruction that is “medically accurate” and “age-appropriate” (both defined) for students kindergarten through grade 12. Information that must be included in sex education instruction is specified. Sex education for grades 6 through 12 required to stress importance of using effective methods of contraception, including abstinence, to prevent unintended pregnancy and protect against sexually transmitted infections. School districts and charter schools required to make sex education instruction materials available for parental review. Student may be excused from any part of instruction only at written request of student’s parent or guardian. Parents have right to opt out of sex education, instead of right to opt in. Statute governing parental involvement in schools and requiring school boards to adopt policies promoting parent involvement that include list of required provisions is expanded to include charter schools. No actions posted for this bill.
• H2657 (RESULTS-BASED FUNDING; REPEAL; APPROPRIATION) – Repeals Results-Based Funding Fund and statute requiring Arizona Dept of Education (ADE) 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 ADE to distribute to school districts and charter schools that receive federal Title I monies according to specified formula. Referred to House Education and House Appropriations.
• H2699 (AZPOST; MANDATORY REPORTING; PEACE OFFICERS) – A law enforcement agency is required, instead of allowed, to report to Arizona Peace Officer Standards and Training Board (AZPOST Board) any peace officer misconduct in violation of rules for retention. A prosecuting agency is required to report to AZPOST Board any information that prosecuting agency has determined may call into question credibility of peace officer and that has been disclosed in case in which peace officer testified. Referred to House Military Affairs & Public Safety.
• H2701 (POLLING PLACES; IDENTIFICATION; EARLY VOTING) – Various changes relating to elections and polling places. Any qualified elector is authorized to vote by early ballot in person at any polling place. A qualified elector may vote by mail only if elector is physically unable to cast ballot within period for early voting, or has physical disability, is confined to nursing home or other similar facility, is on military duty or temporarily residing outside Arizona. County boards of supervisors required, instead of allowed, to authorize use of voting centers in place of specifically designated polling places for 30 days before day of election. A county with population of less than 200,000 persons required to have maximum of four voting centers, county with population of 200,000 persons or more and less than 1 million persons required to have maximum of eight voting centers, and county with population of 1 million persons or more required to have maximum of fifteen voting centers, as determined by board of supervisors. Election precinct lines required to be drawn to include as priority public elementary, middle and high schools within election precinct. School principals no longer authorized to deny request to provide space for use as polling place. A driver license applicant required to submit proof of identity by presenting all of following documentation: original or certified copy of U.S. passport or birth certificate, proof of social security number by presenting original or copy of social security card or W-2 form, and proof of residency in Arizona in two forms, such as utility bill or bank statement. List of satisfactory proof of U.S. citizenship that county recorder may accept for voter registration expanded to include identification card issued by Arizona or U.S. Due to voter protection, several sections of legislation require affirmative vote of at least 3/4 of members of each house of Legislature for passage. Referred to House government & Elections.
• H2710 (SEX EDUCATION; CHILD ABUSE PREVENTION) – School districts and charter schools prohibited from providing sex education instruction to student before 6th grade. If school district or charter school offers sex education instruction, the instruction is required to be medically and factually accurate, and to emphasize biological sex and not gender identities. School districts and charter schools prohibited from providing instruction to student without written permission from student’s parent. All sex education materials and instruction required to promote honor and respect for monogamous marriage. Beginning in 2020-21 school year, school districts and charter schools required to establish education and training on child abuse prevention for both school personnel and students in kindergarten through 5th grade. This education and training must be designed to promote self-protection and accountability and to prevent abuse of children, including sexual abuse, and other requirements for training are established. School districts and charter schools are also required to provide personnel with education and training on prevention techniques for and recognition of child abuse, and information that must be included is specified. School district schools and charter schools also required to post in public area of school that is readily accessible to students a sign that is at least 11 inches by 17 inches, placed at students’ eye level, and contains list of information related to child abuse, child neglect and exploitation of children in English and in Spanish, including telephone number of centralized intake hotline concerning suspected abuse and neglect of children. Authorization for school districts to provide instruction to students on acquired immune deficiency syndrome and human immunodeficiency virus is limited to students in grades 6 through 12. Appropriates $415,000 from general fund in FY2021-22 to Dept of Education to distribute to school districts and charter school to establish education and training on child abuse prevention as required by legislation. Referred to House Education and House Appropriations.
• H2725 (STATE DOCUMENTS; SEX IDENTIFICATION) – A document issued by any agency, board, commission or department of the state of Arizona may only indicate an individual’s sex as either male or female. To be heard in House Government & Elections Wednesday 02/10/21 8:30 AM, House Rm. 1. Watch here.
• H2729 (SPECIAL EDUCATION; GROUP B WEIGHTS) – Monies in the Extraordinary Special Education Needs Fund are continuously appropriated, instead of subject to legislative appropriation. The Arizona Department of Education (ADE) is authorized to retain up to two percent of the monies in the Fund for administration purposes. ADE is required to award monies from the Fund to school districts and charter schools with eligible claims demonstrating that a student receiving special education services has incurred costs in the current year of at least the statewide per pupil funding average multiplied by three. ADE is required to evaluate claim requests on a quarterly basis, and a process for prioritizing funding if there are insufficient monies in the Fund is specified. ADE is required to report to the Governor and the Legislature by December 15 of each year on claims funded in the previous year. Certain special education related group B support level weights are increased. Appropriates $5 million from the general fund in FY2021-22 to the Fund. Referred to House Education and House Appropriations.
• H2750 (AUTOMATIC VOTER REGISTRATION; SAME DAY) – Person who is otherwise qualified to register to vote may register during 28 days immediately preceding election and is eligible to vote in that election if person has been resident of county and precinct in which person resides for at least 29 days immediately preceding election. Person who is otherwise qualified to register to vote may register on Election Day at polling place for precinct in which person maintains residence. Person who registers to vote under these provisions may vote only with provisional ballot and does not qualify person to vote in partisan primary election. Every person who is applying for driver license or renewal, including nonoperating identification license or renewal, or who is making changes to driver license information and is otherwise qualified to register to vote must be registered to vote automatically on completion of license application unless applicant clearly expresses decision not to register. Person who is not qualified to register to vote and unknowingly registers under this provision is not guilty of false registration or false swearing. Effective January 1, 2022. Referred to House Government & Elections.
• H2792 (EARLY BALLOTS; REQUEST REQUIRED) – Except for a voter who is on permanent early voting list or for an all mail-ballot election, a county recorder, municipality clerk or other election officer is prohibited from delivering or mailing early ballot to person who has not requested early ballot for that election. An election officer who violates this prohibition is guilty of class 5 (second lowest) felony. To be heard in House Government & Elections Wednesday 02/10/21 8:30 AM, House Rm. 1. Watch here.
• H2798 (EARLY VOTING PROCEDURES; SIGNATURE CARDS) – Voters on permanent early voting list are required to sign and return election notice to county recorder with copy of voter’s Arizona driver license or Arizona nonoperating identification in order to receive ballot. If information voter returns does not match voter’s records, county recorder or officer in charge of elections is required to contact voter to resolve discrepancy. If discrepancy is not resolved, county recorder or other officer in charge of elections is prohibited from mailing voter an early ballot and voter must be removed from permanent early voting list. Requirement for county recorder or other officer in charge of elections to contact voter with inconsistent signature on early ballot affidavit and allow voter to correct signature is deleted. No actions posted for this bill.
• H2811 (SAME DAY REGISTRATION; PROHIBITION) – An agency, department or division of Arizona or any person acting on its behalf, and any political subdivision or any person acting on its behalf prohibited from registering person to vote on election day and deeming that person eligible to vote in that election. Any person who violates this section is guilty of class 6 (lowest) felony. 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. Referred to House Government & Elections.
• 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. . To be heard in House Government & Elections Wednesday 02/10/21 8:30 AM, House Rm. 1. Watch here.
• HCR2028 (ABORTION DATA; SURVIVORS ACT; SUPPORTING) – Legislature strongly supports enactment of Born-Alive Abortion Survivors Protection Act. Legislature strongly supports enactment of Ensuring Accurate and Complete Abortion Data Reporting Act of 2019. Secretary of State is directed to transmit copies of this memorial to Governor, President of the U.S., President of U.S. Senate, Speaker of U.S. House and each member of Congress from Arizona. Referred to House Health & Human Services.
• 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. Passed Senate Government 02/02/21.
• 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 as amended 01/20/21. Passed Senate 28-1 01/28/21. Ready for House.
• S1029 (PSYCHIATRIC SECURITY REVIEW BOARD; HEARINGS) – Numerous changes to statutes relating to Psychiatric Security Review Board. Modifies process for examining defendant pleading guilty except insane. After plea of guilty or after disposition of matter where defendant has pled guilty except insane, court is required to order reports sealed, and may order that reports be opened only for list of specified purposes. Modifies actions that the Board may take after hearing requested by person who is placed under Board jurisdiction. Establishes requirements for person who is conditionally released by Board, including that supervised treatment plan must be in place. All hearings conducted by Board are subject to Uniform Administrative Hearing Procedures Act. Procedures for requesting hearing before Board are repealed and replaced. Board is independent state agency. One former judge is added to Board as chairperson and nonvoting member, except if necessary to break tie vote. Compensation for Board members changed. Board required to employ Executive Director to perform all administrative, operational and financial functions for Board. Beginning January 1, 2022, Board members required to complete 12 hours of training within one year after initial appointment to Board. Board is authorized to set hearing to monitor person’s progress on its own motion. Establishes process for treatment supervisor to request hearing by Board. Board is required to hold hearing for each person under Board jurisdiction at least once every 24 months. Establishes procedures for and conditions under which Board may order a person’s return to secure mental health facility. Establishes process for Board to transfer jurisdiction of person from Board to superior court. Before any hearing before Board, either party permitted to retain independent qualified expert to evaluate person and make recommendations to Board. Appropriates unspecified amount (blank in original) from general fund in FY2021-22 to Board for operating costs. To be heard in Senate Judiciary Thursday 02/11/21 9:00 AM, Senate 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. To be heard in Senate Judiciary Thursday 02/11/21 9:00 AM, Senate Rm. 1. Watch here.
• 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. Passed Senate Education as amended 01/26/21.
• 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.
• 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. Identical bill H2023 substituted. Passed House 58-0 01/28/21. Signed by Governor 02/05/21.
• S1069 (PERMANENT EARLY VOTING LIST; ELIGIBILITY) – If 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 federal, statewide or legislative race on ballot, county recorder is required to remove voter from the 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 is 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 as amended 01/25/21.
• 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. Passed Senate 28-1 01/28/21. Ready for House.
• 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. Passed Senate Health and Human Services 01/28/21. Passed Senate 29-0 02/04/21. Ready for House.
• S1093 (DEVELOPMENTAL DISABILITIES; SPINA BIFIDA) – Definition of “developmental disability” is expanded to include severe, chronic disability that is attributable to “spina bifida”. Passed Senate Health and Human Services Wednesday 01/28/21. Passed Senate 29-0 02/04/21. Ready for House.
• 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. Passed Senate 29-0 01/28/21. Ready for House.
• 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. Passed Senate 28-1 01/28/21. Ready for House.
• 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. Passed Senate Finance 01/27/21.
• 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. Passed Senate 29-0 01/28/21. Ready for House. Substituted in House for identical bill 2290. Passed House 59-0. Ready for Governor.
• 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. To be heard in Senate Finance Wednesday 02/10/21 9:00 AM, Senate Rm. 109. Watch here.
• 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. Passed Senate Education 01/27/21.
• 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.
• 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. Passed Senate Judiciary 01/28/21. Passed Senate 29-0 02//4/21. Ready for House.
• 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. Passed Senate Judiciary 02/04/21.
• 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. Passed Senate Appropriations 02/02/21.
• S1318 (SCHOOLS; CORPORAL PUNISHMENT; PROHIBITION) – A teacher, principal or other school employee is prohibited from subjecting a student to “corporal punishment” (defined). Referred to Senate Education.
• 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. Referred to Senate Appropriations.
• 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. Referred to Senate Finance.
• 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. To be heard in Senate Appropriations Tuesday 02/09/21 2:00 PM, Senate Rm. 109. Watch here.
• S1340 (SCHOOLS; SEX EDUCATION INSTRUCTION) – All school districts and charter schools required to provide sex education instruction that is “medically accurate” and “age-appropriate” (both defined) for students in kindergarten through grade 12. Information that must be included in sex education instruction is specified. Sex education for grades 6 through 12 required to stress the importance of using effective methods of contraception, including abstinence, to prevent unintended pregnancy and protect against sexually transmitted infections. School districts and charter schools required to make sex education instruction materials available for parental review. Student may be excused from any part of the instruction only at written request of student’s parent or guardian. Parents have right to opt out of sex education, instead of right to opt in. Statute governing parental involvement in schools and requiring school boards to adopt policies promoting parent involvement that include list of required provisions is expanded to include charter schools. Referred to Senate Education.
• S1355 (DEVELOPMENTAL DISABILITIES; PROVIDER INCREASES) – Appropriates following amounts in the following fiscal years to Dept of Economic Security (DES) to provide reimbursement rate increases for services to individuals with intellectual and developmental disabilities: $30 million from general fund and unspecified amount (blank in original) in Medicaid expenditure authority in FY2021-22, and unspecified amount (blank in original) from general fund and unspecified amount (blank in original) in Medicaid expenditure authority in FY2022-23 and FY2023-24. DES required to use FY2019-20 rate rebase study to provide reimbursement rate increases for all services provided to individuals with intellectual and developmental disabilities in FY2021-22, FY2022-23, and FY2023-24 so that each service receives increase in each of three fiscal years. DES required to ensure all reimbursement rates for services provided to individuals with intellectual and developmental disabilities are at 100 percent of benchmark rates by end of FY2023-24. DES is required to report to Joint Legislative Budget Committee by September 1 each fiscal year describing its plans to implement these provider rate increases. Contains a legislative intent section. Referred to Senate Appropriations.
• S1373 (HEALTH FACILITIES; DUTY OF CARE) – Licensed health care institutions that provide congregant or residential care and institution’s employees and agents have affirmative duty of care for their residents. These institutions are required to provide basic life support and first aid, in accordance with resident’s advance directives and do-not-resuscitate order, including initiating immediate cardiopulmonary resuscitation (CPR) before arrival of emergency medical services, to resident who experiences symptoms of cardiac arrest or cessation of respiration. Staff certified in CPR and first aid must be available at the health care institution at all times. These institutions prohibited from implementing policies that prevent employees from providing immediate CPR, first aid or emergency care to institution’s residents. To be heard in Senate Health and Human Services Wednesday 02/10/21 8:30 AM, Senate Rm. 1. Watch here.
• S1374 (CRISIS STANDARDS OF CARE; REQUIREMENTS) – If Department of Health Services (DHS) adopts or establishes a crisis standards of care plan to address resource allocation when demand for certain health care services exceeds supply of necessary resources, a list of specified tenets and requirements apply to plan, including requiring individual assessments made on basis of best available objective medical evidence. A health care provider or health care institution staff member is prohibited from pressuring or coercing patient or patient’s health care decision maker to sign do-not-resuscitate order or make particular health care treatment decision. DHS required to modify any existing crisis standards of care plan within 60 days after effective date of this legislation to comply with these requirements. Emergency clause. To be heard in Senate Health and Human Services Wednesday 02/10/21 8:30 AM, Senate Rm. 1. Watch here.
• S1376 (SCHOOLS; CURRICULUM; MENTAL HEALTH) – State Board of Education must require that all health education instruction include mental health instruction. Mental health instruction may be included in health course or another existing course and is required to incorporate multiple dimensions of health by including mental health and relationship of physical and mental health to enhance student understanding, social and emotional learning, and attitudes and behavior that promote health and well-being. Passed Senate Education 02/02/21.
• S1381 (DISABILITY-SELECTION ABORTION; PROHIBITED) – It is class 2 (second highest) felony to perform an abortion knowing that abortion is sought based on disability, sex or race of child or child’s parent, and to solicit or accept monies to finance disability-selection, sex-selection or race-selection abortion. Previously, it was class 3 (upper mid-level) felony to perform abortion knowing that abortion is sought based on sex or race of child or child’s parent, and to solicit or accept monies to finance sex-selection or race-selection abortion. Increases maximum civil penalty for physician, physician’s assistant, nurse, counselor or other medical or mental health professional who knowingly does not report known violations of this section to appropriate law enforcement authorities to $20,000, from $10,000. Held in Senate Judiciary 02/04/21. To be heard in Senate Judiciary Thursday 02/11/21 9:00 AM, Senate Rm. 1. Watch here.
• S1389 (INCAPACITATED PERSON; SPECIAL INVESTIGATOR) – In domestic relations proceeding, if court finds reasonable cause to believe an adult party is or may be “incapacitated person” or “person in need of protection” (both defined elsewhere in statute) and that party is or may be in need of guardianship and/or conservatorship, court is authorized to appoint special investigator to conduct investigation concerning need for guardian and/or conservator. If deemed necessary, on request of special investigator or on court’s own motion court is authorized to order independent evaluation by licensed physician. A special investigator appointed by court and any evaluator designated by court may receive reasonable compensation for work performed, which must be paid for by person alleged to be incapacitated or in need of protection or paid from appropriate available marital community property fund or asset. Referred to Senate Judiciary.
• S1390 (GUARDIAN AD LITEM; PROTECTIVE PROCEEDING) – Court is authorized to appoint guardian ad litem for individual if court determines that individual’s best interest otherwise would not be represented or adequately protected. If conflict of interest does not exist, a guardian ad litem may be appointed to represent multiple individuals or interests. If not otherwise compensated, guardian ad litem is entitled to reasonable compensation from estate of ward or protected person. Referred to Senate Judiciary.
• S1394 (CONFERENCE; CHILDREN AND YOUTH; COMMITTEE) – Establishes 23-member Arizona Conference on Children and Youth Committee to hold Arizona conference on children and youth to identify, develop and recommend policy solutions and legislation to improve lives of children and youth in Arizona by examining comprehensive range of issues that impact well-being of children in Arizona. Committee required to submit report of findings, policy proposals, and recommendations of conference to Governor and Legislature by December 31, 2021, and self-repeals July 1, 2022. Referred to Senate Health and Human Services.
• S1415 (GUARDIANSHIP PROCEEDINGS; SEALING OF RECORDS) – If petition for guardianship is withdrawn before adjudication of incapacity or is denied based on finding that allegation of incapacity is unproven, or if petition for guardianship was filed frivolously or without merit, court is permitted to order that file and records contained in file be sealed. A file that is sealed may only be unsealed pursuant to court order after showing of good cause. Held in Senate Judiciary 02/04/21. To be heard in Senate Judiciary Thursday 02/11/21 9:00 AM, Senate Rm. 1. Watch here.
• S1417 (HEALTH CARE DIRECTIVES; CONTACT ORDERS) – An agent who is appointed under health care directive is required to encourage and allow contact between principal and other persons who have significant relationship with principal, but is authorized to limit, restrict or prohibit contact between principal and any person if agent reasonably believes that contact will be detrimental to principal’s health, safety or welfare. A person who has significant relationship with principal may petition court for order compelling agent to allow person to have contact with principal. Establishes list of factors court must consider in determining what, if any, contact between person and principal is in principal’s best interest. Establishes requirements for modifying, suspending, or terminating contact order. Referred to Senate Health and Human Services.
• S1423 (SCHOOLS; BULLYING POLICY; DEFINITION) – Defines “bullying” as any written, verbal or physical act or any electronic communication intended to harm or that reasonable person would know is likely to harm one or more students. Charter schools required to prescribe and enforce policies and procedures to prohibit students from harassing, intimidating and bullying other students. Policies and procedures must include specified elements. Also modifies required elements of school district anti-bullying policies. Contains legislative intent section. Referred to Senate Education.
• S1456 (SEX EDUCATION INSTRUCTION; PARENTAL RIGHTS) – School districts and charter schools prohibited from providing sex education instruction before 5th grade. Prohibits charter schools, in addition to school districts, from providing sex education instruction to student unless student’s parent provides written permission. Written permission from a parent is 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 and 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. Public educational institutions required to obtain signed, written consent from student’s parent or guardian before providing sex education instruction or instruction regarding sexual orientation, gender identity, or gender expression to student. When public educational institution seeks consent, it must at same time inform student’s parent or guardian of parent or guardian’s right to review instructional materials and activities. By December 15, 2021, each school district and charter school that offers any sex education instruction required to review its course of study and revise to comply with legislation. Referred to Senate Education.
• S1466 (FAMILY CAREGIVER GRANT PROGRAM) – Family Caregiver Grant Program expanded to include individual’s qualifying expenses during a calendar year due to caring for and supporting qualifying family member in qualifying family member’s primary residence, in addition to in individual’s home. An individual who receives Program grant ineligible to apply for another Program grant after receiving $1,000 for each qualifying family member, instead of being ineligible for three consecutive calendar years after receiving a Program grant. Session law allows individual who received Program grant before effective date of this legislation to apply for additional grant monies if individual has not received grant monies totaling $1,000 for each qualifying family member. To be heard in Senate Health and Human Services Wednesday 02/10/21 8:30 AM, Senate Rm. 1. Watch here.
• S1471 (ALTCS; TRUSTS) – Information that a trustee is required to provide to AHCCCS Administration when submitting trust documents for ALTCS approval modified to include specific trust language that provides that on termination of trust or on death of beneficiary, any state Medicaid agency that is a remainder beneficiary will receive proportionate share of all amounts remaining in trust equal to total amount of medical assistance paid on behalf of trust beneficiary under state plan. For trust qualified by AHCCCS Administration, list of disbursements trustee is authorized to make from trust is expanded to include distributions to an account established for or by trust beneficiary under specified federal code related to qualified ABLE program distributions. Referred to Senate Health and Human Services.
• S1503 (EARLY BALLOTS; MAIL RETURN PROHIBITED) – A voter who receives an early ballot by mail may return voter’s voted early ballot only by delivering it by hand to designated voting location. Early ballots received by mail are invalid and cannot be processed. Referred to Senate Government.
• S1511 (CHILD; VULNERABLE ADULTS; ABUSE) – It is class 2 (second highest) felony for health care professional to intentionally or knowingly engage in any of following practices or cause any of following practices to be performed on a child or vulnerable adult to attempt to change child’s or vulnerable adult’s sex or affirm child’s or vulnerable adult’s perception of their sex if that perception is inconsistent with the child’s or vulnerable adult’s sex: performing surgeries that sterilize; performing mastectomy; administering, prescribing or supplying specified medications that induce transient or permanent infertility; and removing any otherwise healthy or non-diseased body part or tissue. If done recklessly, the criminal classification is reduced to class 3 (upper mid-level) felony, and if done with criminal negligence, criminal classification reduced to class 4 (lower mid-level) felony. Does not apply to health care professional who acts in accordance with good faith medical decision of parent or guardian of child or vulnerable adult who is born with medically verifiable genetic disorder of sex development. These medical practices added to definition of “abuse” and committing child abuse under this definition against minor who is under 15 years of age is classified a dangerous crime against children. Referred to Senate Health and Human Services.
• S1512 (VULNERABLE PERSONS; INSPECTIONS; NEGLECT) – Increases criminal classification for improper, abusive treatment or neglect of person with developmental disability to class 1 (highest) misdemeanor, from class 2 (mid-level) misdemeanor. Definition of “neglect” for this purpose expanded to include intentional failure to report client’s health problems or changes in client’s health condition to an immediate family member or client’s guardian, health care advocate or health care power of attorney within 24 hours, and intentional failure to attempt to restore client’s health to equilibrium as soon as reasonable. Dept of Health Services (DHS) required to visit each adult developmental home and child developmental home without prior notice at least two times each calendar year, instead of annually, and inspect the premises. During each visit, DHS required to communicate with each resident without presence of home’s staff. Office of State Long-term Care Ombudsman required to visit each long-term care facility in Arizona without prior notice at least two times each calendar year to speak with each resident without presence of the facility’s staff. Referred to Senate Health and Human Services.
• S1524 (APPROPRIATION; DES; INFORMATION; REFERRAL SERVICE) – Appropriates $1.5 million from general fund in FY2021-22 to Dept of Economic Security for statewide information and referral service for health care services, community services, human services and governmental services. DES may provide referral service directly or may contract with private entity. Entity providing referral service required to employ 2-1-1 three-digit dialing access and be accredited through national alliance relating to information and referral systems. Referred to Senate Appropriations.
• S1537 (ALZHEIMER’S; DEMENTIAS; ADVISORY COUNCIL) – Establishes 17-member Alzheimer’s Disease and Other Dementias Advisory Council to examine needs of individuals with Alzheimer’s disease or other dementias, services available in Arizona for those individuals and ability of health care providers and facilities to meet individuals’ current and future needs. Advisory Council required to consider and make findings and recommendations on list of topics related to Alzheimer’s disease and other dementias. Not later than 18 months after effective date of this legislation, the Advisory Council is required to submit new state Alzheimer’s plan to Governor and Legislature. Every four years, Advisory Council required to issue updated state Alzheimer’s plan. Referred to Senate Health and Human Services.
• S1540 (APPROPRIATION; HOME; COMMUNITY-BASED SERVICES) – Makes supplemental appropriation of $5 million from general fund in FY2021-22 to Dept of Economic Security for home and community-based services. Referred to Senate Appropriations.
• S1593 (EARLY VOTING; TIME LIMITS; ENVELOPE) – Early ballot distribution cannot begin more than 22 days, decreased from 27 days, before election, and early ballots must be mailed no later than 19th day, instead of 24th day, before election. Officer charged by law with duty of preparing ballots is required to provide second internal envelope that bears ballot affidavit and is designed to contain voted ballot and be placed inside ballot return envelope. If voter mails voted ballot and affidavit to county recorder or other officer in charge of elections, ballot is valid only if postmarked on or before Thursday before election day and received no later than 7PM on election day. Referred to Senate Government.
• S1625 (SPECIAL EDUCATION; COST STUDIES) – By December 1, 2021 and every two years thereafter, Dept of Education is required to complete cost study of special education programs. Referred to Senate Education.
• S1633 (EARLY INTERVENTION PROGRAM; AUTISM SCREENING) – Every child enrolled in early intervention program or service is required to be provided autism screening at 16 months of age and 30 months of age unless parent of child refuses autism screening or child already has autism diagnosis. Referred to Senate Health and Human Services.
• S1634 (DEVELOPMENTAL DISABILITIES; DOWN SYNDROME) – For purpose of programs administered by the Dept of Economic Security Division of Developmental Disabilities, definition of “developmental disability” is expanded to include a severe, chronic disability attributable to “down syndrome” (defined). Referred to Senate Health and Human Services and Senate Appropriations.
• S1648 (COVID-19 VACCINE; CONDITION OF EMPLOYMENT) – A person cannot be required to take or receive or disclose whether person has taken or received COVID-19 vaccine as condition of employment, entry into any business or “public space” (defined) or receipt of any service or good. Discrimination for refusing to take or receive COVID-19 vaccine is prohibited. Referred to Senate Commerce.
• S1660 (CRIMES AGAINST CHILDREN; DEPENDENCIES; OMNIBUS) – Numerous changes to statues relating to dependent children. For purpose of Criminal Code relating to sexual offenses, definition of “position of trust” expanded to include adult school employees, minor’s employer, employee of group home or residential treatment facility where minor resides, and more. On motion of prosecution, court may order that pro se defendant in prosecution for sexual abuse or child sex trafficking is prohibited from directly questioning minor victim if court determines direct questioning by pro se defendant would prevent minor victim from being able to reasonably communicate. Term “child sex trafficking” replaces term “prostitution” in various statutes. State Board of Education required to establish best practices for social media and cellular telephone use between students and school personnel, including teachers, coaches and counselors, and encourage school district governing boards and charter school governing bodies to adopt policies that implement these best practices. Dept of Education required to develop statewide training curriculum on child abuse mandatory reporting laws for public school personnel, and each public school must require its personnel to complete training. Referred to Senate Judiciary.
• S1680 (NEWBORN SCREENING PROGRAM; TESTING) – Newborn screening program is required to include all congenital disorders included on recommended uniform screening panel adopted by Secretary of U.S. Dept of Health and Human Services for both core and secondary conditions. Beginning January 1, 2022, disorders added to core and secondary conditions list of recommended uniform screening panel must be added to Arizona’s newborn screening panel within two years after addition. Session law requires Dept of Health Services (DHS) to add spinal muscular atrophy and x-linked adrenoleukodystrophy to Arizona’s newborn screening panel by December 31, 2021 and add all remaining core and secondary conditions included on recommended uniform screening panel as of December 31, 2021 to Arizona’s newborn screening panel by December 31, 2023. Additionally, within 60 days after DHS adjusts fee for newborn screening program, each health insurer is required to update hospital rates that include newborn screening to reflect increase. Referred to Senate Health and Human Services.
• S1806 (DES; REQUIRED OFFICES; GEOGRAPHIC ACCESSIBILITY) – In addition to any online eligibility or identity verification system, Dept of Economic Security required to provide, at all times, geographically accessible offices with consistent hours of operation throughout Arizona, including on Indian reservations, to allow residents to receive information and applications, provide identification for verification, return applications and maintain eligibility for unemployment compensation, Temporary Assistance for Needy Families, Supplemental Nutrition Assistance Program, and all programs administered by AHCCCS Administration. Emergency clause. Referred to Senate Health and Human Services.
• 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. To be heard in Senate Appropriations Tuesday 02/09/21 2:00 PM, Senate Rm. 109. Watch here.