ARIZONA STATE SENATE

51ST LEGISLATURE

SECOND REGULAR SESSION

 

MINUTES OF COMMITTEE ON

COMMERCE, ENERGY AND MILITARY

 

DATE:

March 19, 2014

TIME:   9:00 A.M.

ROOM:  SHR1

 

CHAIRMAN:

Senator Al Melvin

VICE-CHAIRMAN:

Senator Michele Reagan

 

 

ANALYST:

Jennifer Thomsen

INTERNS:

Tyler Lopez

 

 

 

 

 

COMMITTEE

SECRETARY:

 

Shelley Ponce

 

ATTENDANCE

BILLS

 

Committee Members

Pr
Ab
Ex
Bill Number
Disposition

Senator Ableser

X

 

 

HB 2086

DPA

Senator Landrum Taylor

X

 

 

HB 2123

DPA/SE

Senator McComish

X

 

 

HB 2163

DP

Senator Meza

X

 

 

HB 2167

DPA

Senator Worsley

X

 

 

HB 2197

DP

Senator Reagan, Vice-Chairman

X

 

 

HB 2239

DPA

Senator Melvin, Chairman

X

 

 

HB 2262

DPA/SE

 

 

 

 

HB 2267

DP

 

 

 

 

HB 2272

DP

 

 

 

 

HB 2332

DP

 

 

 

 

HB 2403

DPA/SE

 

 

 

 

HB 2446

DPA/SE

 

 

 

 

HB 2514

DP

 

 

 

 

HB 2546

DPA

 

 

 

 

HB 2688

DPA

 

 

 

 

HB 2694

DP

 

EXECUTIVE NOMINATIONS

 
 
 
Name
Position
Recommendation

Jeffrey Nolan

Member, State Board of Appraisal

CONFIRMATION

 

PRESENTATIONS

 

Maricopa Community College District

          Dr. Eugene Giovannini - President of Maricopa Corporate College

          Dr. Ernie Lara - President of Estrella Mountain Community College

PhoenixMart

 

 

Chairman Melvin called the meeting to order at 9:11 a.m. and attendance was taken.

 

APPROVAL OF MINUTES

 

Senator Melvin stated that without objection, the minutes of March 12, 2014 were approved.

 

CONSIDERATION OF BILLS

 

HB 2694 - theme park districts; formation; bonds – DO PASS

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2694.

 

Representative Tobin, bill sponsor, further explained HB 2694 and answered questions posed by the Committee.

 

Representative Thorpe testified in support of HB 2694.

 

Al Richman, CEO, Arizona State Railroad Museum, testified in support of HB 2694.

 

Senator McComish moved HB 2694 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 6-0-1 (Attachment 1).

 

PRESENTATIONS

 

Maricopa Community College District

         

Dr. Eugene Giovannini, President, Maricopa Corporate College, distributed a handout entitled “Maricopa Corporate College” (Attachment A) and gave an overview of the college. Mr. Giovannini answered questions posed by the Committee.         

 

Dr. Ernie Lara, President, Estrella Mountain Community College, distributed a handout entitled “Estrella Mountain Community College; A Maricopa Community College” (Attachment B) and gave an overview of his background.  Dr. Lara gave an overview of the college and explained the network of resources available to students. 

 

PhoenixMart

 

Jeremy Schoenfelder, Arizona Sourcing, distributed a handout entitled “PhoenixMart” (Attachment C) and gave an overview of the PhoenixMart project.

 

EXECUTIVE NOMINATIONS

 

Jeffrey Nolan – Member, State Board of Appraisal – CONFIRMATION RECOMMENDED

 

Jeffrey Nolan gave an overview of his resume and discussed the State Board of Appraisal.           

 

 

 

Senator McComish moved the Commerce, Energy and Military Committee recommend to the full Senate the CONFIRMATION of Jeffrey Nolan as a member of the State Board of Appraisal. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 2).

 

CONSIDERATION OF BILLS

 

HB 2197 - ACC; securities enforcement; spousal joinder – DO PASS

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained HB 2197.

 

Representative Farnsworth, bill sponsor, further explained HB 2197.

 

Lori Lustig, Arizona Corporation Commission, testified as neutral on HB 2197 and stated concerns.

 

Senator McComish moved HB 2197 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 3).

 

HB 2262 - corporations; purposes; directors and officers – DO PASS AMENDED/STRIKE EVERYTHING

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained the 18-page Melvin strike everything amendment dated 03/17/14 at 1:39 p.m. (Attachment D).

 

Wendy Briggs, Uber Technologies, Inc., testified in support of the strike everything amendment and answered questions posed by the Committee.

 

Kathleen Noble, Uber driver, testified in support of the strike everything amendment and answered questions posed by the Committee.

 

Steve Thompson, Phoenix General Manager, Uber Technologies, testified in support of the strike everything amendment.

 

David Childers, Property Casualty Insurers Association of America, Farmers Insurance Group of Companies, Liberty Mutual Insurance Group, Nationwide Mutual Insurance Company, testified in opposition to the strike everything amendment and answered questions posed by the Committee.

 

Michael Pinckard, President, Total Transit, testified in opposition to the strike everything amendment.

 

Ellen Poole, United Services Automobile Association (USAA), testified in opposition to the strike everything amendment and answered questions posed by the Committee.

 

Senator McComish moved HB 2262 be returned with a DO PASS recommendation.

 

Senator McComish moved the 18-page Melvin strike everything amendment dated 03/17/14 at 1:39 p.m. (Attachment D) be ADOPTED. The motion CARRIED by voice vote.

Senator McComish moved HB 2262 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 4-1-2 (Attachment 4).

 

Senators McComish, Meza, Worsley and Landrum Taylor explained their votes.

 

HB 2403 - state parks; disabled veteran's pass – DO PASS AMENDED/STRIKE EVERYTHING

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained the 2-page Melvin strike everything amendment dated 03/14/14 at 9:29 a.m. (Attachment E).

 

Stan Barnes, Copperstate Consulting, representing Nextera Energy Resources and LS Power, testified in support of the strike everything amendment.

 

Senator Worsley stated that he would claim a Rule 30 on HB 2403.

 

Sean Laux, Chief Legislative Liaison and Information Officer, Arizona Department of Revenue, testified as neutral on the strike everything amendment and stated concerns.

 

Meghaen Dell’Artino, Sempra U.S. Gas & Power, testified in support of the strike everything amendment and answered questions posed by the Committee.

 

Senator McComish moved HB 2403 be returned with a DO PASS recommendation.

 

Senator McComish moved the 2-page Melvin strike everything amendment dated 03/14/14 at 9:29 a.m. (Attachment E) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2403 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 4-0-2-1 (Rule 30) (Attachment 5).

 

HB 2546 - alarm businesses; alarm agents; regulation – DO PASS AMENDED

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2546 and the 2-line Melvin amendment dated 03/18/14 at 11:56 a.m. (Attachment F).

 

Representative Gowan, bill sponsor, further explained HB 2546.

 

Meghaen Dell’Artino, Arizona Alarm Association, Cox Communications, testified in support of HB 2546 and answered questions posed by the Committee.

 

Roger Score, Arizona Alarm Dealers Association, testified in support of HB 2546.

 

Senator McComish moved HB 2546 be returned with a DO PASS recommendation.

 

Senator McComish moved the 2-line Melvin amendment dated 03/18/14 at 11:56 a.m. (Attachment F) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2546 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 6).

 

HB 2688 - fireworks; permissible uses; fines – DO PASS AMENDED

 

Robert Celaya, Public Safety Committee Intern, explained HB 2688 and the 15-line Melvin amendment dated 03/18/14 at 4:35 p.m. (Attachment G).

 

Representative Gowan, bill sponsor, further explained HB 2688.

 

Mike Williams, TNT Fireworks, testified in support of HB 2688.

 

Senator McComish moved HB 2688 be returned with a DO PASS recommendation.

 

Senator McComish moved the 15-line Melvin amendment dated 03/18/14 at 4:35 p.m. (Attachment G) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2688 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 7).

 

HB 2123 - board of technical registration; registrants – DO PASS AMENDED/STRIKE EVERYTHING

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained the 10-page McComish strike everything amendment dated 03/17/14 at 10:18 a.m. (Attachment H).

 

Representative Petersen, bill sponsor, further explained the strike everything amendment.

 

Barry Aarons, Tesla Motors, testified in support of the strike everything amendment and answered questions posed by the Committee.

 

Davis Bauman, Vantile Group, testified in opposition to the strike everything amendment and answered questions posed by the Committee.

 

Michael Gardner, Alliance of Automobile Manufacturers, testified in opposition to the strike everything amendment and answered questions posed by the Committee.

 

Bobbi Sparrow, Arizona Auto Dealers Association, testified in opposition to the strike everything amendment and answered questions posed by the Committee.

 

Senator McComish moved HB 2123 be returned with a DO PASS recommendation.

 

Senator McComish moved the 10-page McComish strike everything amendment dated 03/17/14 at 10:18 a.m. (Attachment H) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2123 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 3-2-2 (Attachment 8).

 

Senator Worsley explained his vote.

 

HB 2086 - technical correction; technical registration board (now: sale of dextromethorphan; age requirement) – DO PASS AMENDED

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2086 and the 2-page McComish amendment dated 03/18/14 at 11:26 a.m. (Attachment I).

 

Ryan O’Daniel, Consumer Healthcare Products Association, testified in support of HB 2086.

 

Senator McComish moved HB 2086 be returned with a DO PASS recommendation.

 

Senator McComish moved the 2-page McComish amendment dated 03/18/14 at  11:26 a.m. (Attachment I) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2086 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 9).

 

HB 2163 - limited liability; space flight activities – DO PASS

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2163.

 

Grant Hanna, World View, testified in support of HB 2163.

 

Senator McComish moved HB 2163 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 10).

 

HB 2167 - sports authority; election – DO PASS AMENDED

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained HB 2167 and the 2-line Melvin amendment dated 03/18/14 at 1:40 p.m. (Attachment J).

 

Michael Racy, Pima County, testified in support of HB 2167.

 

Senator McComish moved HB 2167 be returned with a DO PASS recommendation.

 

Senator McComish moved the 2-line Melvin amendment dated 03/18/14 at 1:40 p.m. (Attachment J) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2167 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 11).

 

HB 2239 - board of appraisal (now: state board of appraisal) – DO PASS AMENDED

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2239 and the 4-line Melvin amendment dated 03/18/14 at 11:50 a.m. (Attachment K).

 

Joanna Conde, Arizona Association of Real Estate Appraisers, testified in opposition to HB 2239 and answered questions posed by the Committee.

 

Representative Brophy McGee, bill sponsor, further explained HB 2239 and answered questions posed by the Committee.

 

Senator McComish moved HB 2239 be returned with a DO PASS recommendation.

 

Senator McComish moved the 4-line Melvin amendment dated 03/18/14 at 11:50 a.m. (Attachment K) be ADOPTED. The motion CARRIED by voice vote.

 

Senator McComish moved HB 2239 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 12).

 

HB 2267 - burial; instructions – DO PASS

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained HB 2267.

 

Paul Messenger, representing himself, testified in opposition to HB 2267 and answered questions posed by the Committee.

 

Phyllis Rowe, President, Funeral Consumer Alliance, testified in opposition to HB 2267.

 

Arthur Adair, President, Adair Funeral Homes, testified in opposition to HB 2267.

 

Jay Kaprosy, SCI Arizona Funeral Services, testified in support of HB 2267 and answered questions posed by the Committee.

 

Senator McComish moved HB 2267 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 4-0-3 (Attachment 13).

 

Senator Worsley explained his vote.

 

RECESS

 

At 1:07 p.m. Senator Melvin stated that the Committee was in recess to the sound of the gavel.

 

RECONVENED

 

At 1:27 p.m. Senator Melvin reconvened the Committee.

 

HB 2446 - scrap metal sellers; age requirement (now: age requirement; scrap metal sellers) – DO PASS AMENDED/STRIKE EVERYTHING

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained the 20-line Melvin strike everything amendment dated 03/17/14 at 2:41 p.m. (Attachment L).

 

Senator McComish moved HB 2446 be returned with a DO PASS recommendation.

 

Senator McComish moved the 20-line Melvin strike everything amendment dated 03/17/14 at 2:41 p.m. (Attachment L) be ADOPTED. The motion CARRIED by voice vote.

Senator McComish moved HB 2446 be returned with an AS AMENDED, DO PASS recommendation. The motion CARRIED with a roll call vote of 4-0-3 (Attachment 14).

 

HB 2514 - combat-related special compensation – DO PASS

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained HB 2514.

 

Representative Townsend, bill sponsor, further explained HB 2514 and answered questions posed by the Committee.

 

Maxwell Mahoney, representing himself, testified in support of HB 2514.

 

Senator McComish moved HB 2514 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 4-0-3 (Attachment 15).

 

HB 2272 - tax credits; capital investments; employment – DO PASS

 

Jennifer Thomsen, Commerce, Energy and Military Committee Analyst, explained HB 2272.

 

Ed Sanchez, Arizona Commerce Authority, stated he was testifying on behalf of Sandra Watson (CEO of Arizona Commerce Authority). Mr. Sanchez testified in support of HB 2272.

 

Senator Reagan moved HB 2272 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 16).

 

HB 2332 - unclaimed remains; veterans; burial – DO PASS

 

Tyler Lopez, Commerce, Energy and Military Committee Intern, explained HB 2332.

 

Senator Reagan moved HB 2332 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 17).

 

Attached is a list noting the individuals who registered their position on the bills (Attachment M).

 

There being no further business, the meeting was adjourned at 1:42 p.m.

 

 

Respectfully submitted,

 

 

 

Shelley Ponce

Committee Secretary

 

(Audio recordings and attachments are on file in the Secretary of the Senate’s Office/Resource Center, Room 115. Audio archives are available at http://www.azleg.gov)

 

 

 

 

 

 

---------- DOCUMENT FOOTER ---------

                        Committee on Commerce,

Energy and Military

            2          March 19, 2014

 

---------- DOCUMENT FOOTER ---------