Bill Number: H.B. 2123

            Driggs Floor Amendment

            Reference to: House engrossed bill

            Amendment drafted by: Amber Witter

 

 

FLOOR AMENDMENT EXPLANATION

 

 

  1. Allows, beginning January 1, 2017, the Arizona Corporation Commission to charge a user fee for the database it must establish and maintain if H.B. 2447 becomes law.

 

  1. Specifies, for purposes of conflict of interest, a pecuniary or proprietary interest must be non-speculative in order for it to be a substantial interest.

 

  1. Makes a conforming change.

 

Fifty-second Legislature                                                   Driggs

Second Regular Session                                                  H.B. 2123

 

DRIGGS FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2123

(Reference to House engrossed bill)

 


Page 1, between lines 1 and 2, insert:

“Section 1.  Section 10-130, Arizona Revised Statutes, is amended to read:

START_STATUTE10-130.  Powers

A. The commission has the power and authority reasonably necessary to enable it to administer this title efficiently and to perform the duties imposed on it by this title, including the power and authority to make rules and regulations for those purposes.

B. The commission shall establish and maintain a database for documents filed pursuant to sections 10-203, 10-1006, 10-1007, 10-1008, 10-1105, 10-1403, 10-1503, 10-1520, 10-2077, 10-2143, 10-3203, 10-11006, 10-11007, 10-11008, 10-11105, 10-11403, 10-11503, 10-11520, 29-633, 29-635 and 29-754. The database shall only include documents that are filed for an entity with a known place of business that is located in a county with a population of more than eight hundred thousand persons. The commission shall post the database on its website to allow the public to search for business information, including an entity's name, approval date and county of the known place of business. The information must be maintained in the database for at least ninety days. The commission may not charge a fee to any entity for information entered into the database pursuant to this subsection.”

Renumber to conform

Page 2, line 34, after “any” insert “nonspeculative”

Between lines 35 and 36, insert:

“Sec. 3.  Section 40-101, Arizona Revised Statutes, is amended to read:

END_STATUTE40-101.  Interest of commissioner or employee prohibited in corporation

       subject to regulation

notwithstanding any other law, a person in the employ of, or holding an official relation to a corporation or person subject to regulation by the commission, or a person owning stocks or bonds of a corporation subject to regulation, or a person who is pecuniarily interested therein, shall not be elected, appointed to, or hold the office of commissioner or be appointed or employed by the commission.  If a commissioner, or appointee or employee of the commission becomes the owner of such stocks or bonds, or becomes pecuniarily interested in such a corporation involuntarily, he shall within a reasonable time divest himself of such stocks, bonds or interest.  If he fails to do so, he thereby vacates his office or employment.”

Renumber to conform

Page 3, after line 11, insert:

“Sec. 5. Conditional enactment

Section 10-130, Arizona Revised Statutes, as amended by this act, does not become effective unless House Bill 2447, fifty-second legislature, second regular session, relating to business entities, becomes law.

Sec. 6. Effective date

Section 10-130, Arizona Revised Statutes, as amended by House Bill 2447, fifty-second legislature, second regular session, and this act is effective from and after December 31, 2016.”

Amend title to conform


 

 

ADAM DRIGGS

 

2123DRIGGS1050.doc

05/05/2016

10:50 AM

S: AW/ls