ARIZONA STATE SENATE

50TH LEGISLATURE

SECOND REGULAR SESSION

 

MINUTES OF COMMITTEE ON

                                                      COMMERCE AND ENERGY

 

 

DATE:

March 14, 2012

TIME: 9:00 a.m.

ROOM: SHR 109

 

CHAIRMAN:

Senator Al Melvin

VICE- CHAIRMAN:

Senator Gail Griffin

 

 

ANALYST:

Jennifer Thomsen

INTERN:

Nick Jauhal

 

ASSISTANT

ANALYST:

 

Bryan Durham

COMMITTEE

SECRETARY:

 

Toy Brown

 

ATTENDANCE

BILLS

 

Committee Members
Pr
Ab
Ex
Bill Number
Disposition

Senator Cajero Bedford

X

 

 

HB 2126

DPA

Senator Meza

X

 

 

HB 2127

HELD

Senator Reagan

 

 

X

HB 2128

DP

Senator Yarbrough

X

 

 

HB 2129

DP

Senator Griffin, Vice-Chairman

X

 

 

HB 2150

DP

Senator Melvin, Chairman

X

 

 

HB 2157

DP

 

 

 

 

HB 2200

DP

 

 

 

 

HB 2225

DPA

 

 

 

 

HB 2226

DP

 

 

 

 

HB 2272

DPA/SE

 

 

 

 

HB 2357

DP

 

 

 

 

HB 2395

DP

 

 

 

 

HB 2415

DPA/SE

 

 

 

 

HB 2432

HELD

 

 

 

 

HB 2601

DPA/SE

 

 

 

 

HB 2642

HELD

 

 

 

 

HB 2689

DPA

 

 

 

 

HB 2778

DPA

 

 

 

 

HB 2825

DPA

                       

EXECUTIVE NOMINATIONS

 
 
 
Name
Position
Recommendation

Sharon L. Henry

Member, Arizona Sports and Tourism Authority

CONFIRMATION

Nicholas P. Scutari

Member, Arizona State  Lottery Commission

CONFIRMATION

Victor Gonzalez

Member, Arizona International Development Authority Board of

    Directors 

CONFIRMATION

Terry R. Gleeson

Member, Board of Manufactured Housing

CONFIRMATION

             

 

 

 

 

Chairman Melvin called the meeting to order at 9:07 a.m. and attendance was taken.

 

APPROVAL OF MINUTES

 

Senator Melvin stated that without objection, the minutes of March 7, 2012 were approved.

 

EXECUTIVE NOMINATIONS

 

Sharon L. Henry, Member, Arizona Sports and Tourism Authority – CONFIRMATION RECOMMENDED

 

Ms. Henry gave an overview of her resume and answered questions posed by the Committee.

 

Senator Griffin moved the Committee on Commerce and Energy recommend to the full Senate the CONFIRMATION of Sharon L. Henry as a Member of the Arizona Sports and Tourism Authority.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 1).

 

Nicholas P. Scutari, Member, Arizona State Lottery Commission – CONFIRMATION RECOMMENDED

 

Mr. Scutari gave an overview of his resume and answered questions posed by the Committee.

 

Senator Griffin moved the Committee on Commerce and Energy recommend to the full Senate the CONFIRMATION of Nicholas P. Scutari as a Member of the Arizona State Lottery Commission.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 2).

 

Victor Gonzalez, Member, Arizona International Development Authority Board of Directors – CONFIRMATION RECOMMENDED

 

Mr. Gonzalez gave an overview of his resume and answered questions posed by the Committee.

 

Senator Griffin moved the Committee on Commerce and Energy recommend to the full Senate the CONFIRMATION of Victor Gonzalez as a Member of the Arizona International Development Authority Board of Directors.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 3).

 

Terry R. Gleeson, Member, Board of Manufactured Housing – CONFIRMATION RECOMMENDED

 

Mr. Gleeson gave an overview of his resume and answered questions posed by the Committee.

 

Senator Griffin moved the Committee on Commerce and Energy recommend to the full Senate the CONFIRMATION of Terry R. Gleeson as a Member of the Board of Manufactured Housing.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 4).

CONSIDERATION OF BILLS

 

HB 2127 – landlord tenant; material breach – HELD

 

Senator Melvin announced that HB 2127 would be HELD.

 

HB 2432 – secured appearance bond exoneration; remission (now: secured appearance bond; exoneration) – HELD

 

Senator Melvin announced that HB 2432 would be HELD.

 

HB 2642 – public bodies; lobbying expenditures; reports – HELD

 

Senator Melvin announced that HB 2642 would be HELD.

 

HB 2272 – technical correction; overtaking bicycles (now: sales finance company; definition) – DO PASS AMENDED/STRIKE EVERYTHING

 

Liisa Laikko, Education Committee Analyst, explained the 3-page Melvin strike everything amendment dated 3/12/12 at 12:25 p.m. (Attachment A) and answered questions posed by the Committee.

 

Representative Williams, bill sponsor, further explained HB 2272 and answered questions posed by the Committee.

 

Joan Koerber-Walker, President of Arizona Small Business Association, testified in support of HB 2272.

 

Timothy Bee, Associate Vice President, State Relations, University of Arizona, testified in support of HB 2272.

 

Ken Quartemain, Representative, Arizona Technology Council, testified in support of HB 2272.

 

Senator Griffin moved HB 2272 be returned with a DO PASS recommendation.

 

Senator Griffin moved the 3-page Melvin strike everything amendment dated 3/12/12 at 12:25 p.m. (Attachment A) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Griffin moved HB 2272 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 5). 

 

HB 2395 – scrap metal dealers; prohibited transactions – DO PASS

 

Nick Jauhal, Commerce and Energy Committee Intern, explained HB 2395 and the 4-line Melvin amendment dated 3/13/12 at 10:52 a.m. (Attachment B).

 

Senator Melvin stated that the amendment dated 3/13/12 at 10:52 a.m. (Attachment B) would not be offered.

 

Representative Forese, bill sponsor, further explained HB 2395.

 

Nick Simonetta, Government Affairs Consultant, Arizona Scrap Recyclers Association, testified in support of HB 2395.

 

Theresa Clark, Police Sergeant, City of Phoenix, testified in support of HB 2395.

 

William Stiles, Asset Manager, NAIOP-Arizona, presented pictures of damaged air conditioners.  Mr. Stiles testified in support of HB 2395.

 

Layla Ressler, Pick a Part, testified in support of HB 2395.

 

Robert Stinger, representing himself, testified in support of HB 2395.

 

Representative Forese further answered questions posed by the Committee.

 

Doug Nick, Arizona Attorney General's Office, testified in support of the strike everything amendment to HB 2395.

 

Rob Dalager, City of Phoenix, testified in support of the amendment to HB 2395.

 

Senator Griffin moved HB 2395 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-1-1 (Attachment 6).

 

Senators Yarbrough and Griffin explained their votes.

 

 HB 2157 – salon managers; requirements – DO PASS

 

Nick Jauhal, Commerce and Energy Committee Intern, explained HB 2157.

 

Representative Kavanagh, bill sponsor, further explained HB 2157.

 

Rick Weston, representing himself, testified in support of HB 2157.

 

Senator Griffin moved HB 2157 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 7).

 

HB 2150 – unemployment insurance; independent contractor; appeals – DO PASS

 

Jennifer Thomsen, Commerce and Energy Committee Analyst, explained HB 2150.

 

Representative Forese, bill sponsor, further explained HB 2150.

 

Michael Schafer, representing himself, testified in support of HB 2150 and answered questions posed by the Committee.

 

Ellen Katz, Litigation Director, William E. Morris Institute for Justice, testified in opposition to      HB 2150 and answered questions posed by the Committee.

 

Marcus Osborn, Manager of Government and Public Affairs, Arizona Manufacturers Council, testified in support of HB 2150.

 

Senator Griffin moved HB 2150 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 3-2-1 (Attachment 8).

 

HB 2357 – real estate brokers; education – DO PASS

 

Nick Jauhal, Commerce and Energy Committee Intern, explained HB 2357.

 

Representative Fann, bill sponsor, further explained HB 2357.

 

Kimberly Clifton, Owner/Designated Broker, Tierra Antigua Realty, testified in support of           HB 2357.

 

Kim Horn, Nextage Southwest Realty, testified in support of HB 2357.

 

Holly Eslinger, Exclusive Homes and Land, testified in support of HB 2357.

 

Dan Shaw, Pine Country Mortgage, testified in support of HB 2357.

 

Senator Yarbrough moved HB 2357 with a DO PASS recommendation.                The motion CARRIED with a roll call vote of 4-0-2 (Attachment 9).

 

HB 2126 – handyman exemptions; applicability – DO PASS AMENDED

 

Nick Jauhal, Commerce and Energy Committee Intern, explained HB 2126 and the 9-line Melvin amendment dated 3/13/12 at 2:58 p.m. (Attachment C).

 

Representative Urie, bill sponsor, deferred questions to Barry Aarons, Lobbyist, Construction Trades Coalition.

 

Barry Aarons, Lobbyist, Construction Trades Coalition, further explained HB 2126.

 

Senator Yarbrough moved 2126 be returned with a DO PASS recommendation.

 

Senator Yarbrough moved the 9-line Melvin amendment dated 3/13/12 at 2:58 p.m. (Attachment C) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Yarbrough moved HB 2126 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-0-2 (Attachment 10).

 

 

 

 

HB 2778 – state board of appraisal – DO PASS AMENDED

 

Bryan Durham, Commerce and Energy Committee Assistant Analyst, explained HB 2778 and the 6-line Melvin amendment dated 3/13/12 at 4:06 p.m. (Attachment D).

 

Representative McLain, bill sponsor, further explained HB 2778 and answered questions posed by the Committee.

 

Joanna Conde, Arizona Association of Real Estate Appraisers, testified in support of HB 2778 and answered questions posed by the Committee.

 

Bill Barnes, Arizona Association of Real Estate Appraisers, testified in support of HB 2778.

 

Ben Alteneder, Coalition of Arizona Appraisers, testified as neutral to HB 2778.

 

Debra Rudd, Vice Chairperson for Arizona State Board of Appraisers, testified in opposition to           HB 2778 and answered questions posed by the Committee.

 

Representative McLain further answered questions posed by the Committee.

 

Senator Yarbrough moved HB 2778 be returned with a DO PASS recommendation.

 

Senator Yarbrough moved the 6-line Melvin amendment dated 3/13/12 at 4:06 p.m. (Attachment D) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Yarbrough moved HB 2778 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 3-1-2 (Attachment 11).

 

Senator Yarbrough explained his vote.

 

HB 2225 – trust land; agricultural classification; algaculture – DO PASS AMENDED

 

Michael Combrink, Natural Resources and Transportation Committee Intern, explained HB 2225 and the 3-line Cajero Bedford amendment dated 3/12/12 at 12:42 p.m. (Attachment E).

 

Senator Yarbrough moved HB 2225 be returned with a DO PASS recommendation.

 

Senator Yarbrough moved the 3-line Cajero Bedford amendment dated 3/12/12 at 12:42 p.m. (Attachment E) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Yarbrough moved HB 2225 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-0-2 (Attachment 12).

 

 

 

HB 2689 – real estate transfer affidavit; exemptions – DO PASS AMENDED

 

Nick Jauhal, Commerce and Energy Committee Intern, explained HB 2689 and the 2-line Reagan amendment dated 3/13/12 at 4:32 p.m. (Attachment F).

 

Representative Brophy McGee, bill sponsor, further explained HB 2689.

 

Yvonne Hunter, Fennemore Craig, answered questions posed by the Committee.

 

Senator Yarbrough moved HB 2689 be returned with a DO PASS recommendation.

 

Senator Yarbrough moved the 2-line Reagan amendment dated 3/13/12 at         4:32 p.m. (Attachment F) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Yarbrough moved HB 2689 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-0-2 (Attachment 13).

 

HB 2825 – telephone solicitations; business opportunities – DO PASS AMENDED

 

Jennifer Thomsen, Commerce and Energy Committee Analyst, explained HB 2825 and the 2-line Melvin amendment dated 3/13/12 at 10:28 a.m. (Attachment G).

 

Representative Brophy McGee, bill sponsor, further explained HB 2825.

 

Nancy Anger, Assistant Attorney General, Attorney General's Office, further explained HB 2825.  Ms. Anger testified in support of HB 2825.

 

Senator Yarbrough moved HB 2825 be returned with a DO PASS recommendation. 

 

Senator Yarbrough moved the 2-line Melvin amendment dated 3/13/12 at        10:28 a.m. (Attachment G) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Yarbrough moved HB 2825 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-0-2 (Attachment 14).

 

HB 2226 – property tax; algaculture – DO PASS

 

Michael Combrink, Natural Resources and Transportation Committee Intern, explained             HB 2226.

 

Representative Heinz, bill sponsor, further explained HB 2226.

 

Senator Yarbrough moved HB 2226 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 4-0-2 (Attachment 15).

 

Senator Cajero Bedford explained her vote.

 

HB 2128 – landlord tenant; abandonment; personal property – DO PASS

 

Bryan Durham, Commerce and Energy Committee Assistant Analyst, explained HB 2128.

 

Representative Urie, bill sponsor, further explained HB 2128.

 

Mark Zinman, Attorney, representing himself, testified in support of HB 2128.

 

Ellen Katz, Litigation Director, William E. Morris Institute for Justice, testified in opposition to    HB 2128.

 

Aaron Thomas, representing himself, testified in opposition to HB 2128.

 

Ken Volk, representing himself, distributed a handout entitled "Analyses of HB 2128 & HB 2129" (Attachment H).  Mr. Volk testified in opposition to HB 2128.

 

John Starkey, Attorney, representing himself, testified in opposition to HB 2128.

 

Denise Holliday, Attorney, representing herself, testified in support of HB 2128.

 

Patricia Wyatt, representing herself, testified in opposition to HB 2128.

 

Representative Urie further explained HB 2128 and answered questions posed by the Committee.

 

Ms. Katz further answered questions posed by the Committee.

 

Senator Griffin moved HB 2128 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 3-2-1 (Attachment 16).

 

HB 2129 – landlord tenant; maintenance request; access – DO PASS

 

Bryan Durham, Commerce and Energy Committee Assistant Analyst, explained HB 2129.

 

Representative Urie, bill sponsor, further explained HB 2129.

 

Ellen Katz, Litigation Director, William E. Morris Institute for Justice, testified in opposition        to HB 2129. 

 

Ken Volk, representing himself, testified in opposition to HB 2129.

 

Denise Holliday, Attorney, representing herself, testified in support of HB 2129.

 

Ms. Katz further spoke in opposition to HB 2129 and answered questions posed by the Committee.

 

Senator Griffin moved HB 2129 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 17).

HB 2200 – forcible entry; detainer; judgment; bond – DO PASS

 

Jennifer Thomsen, Commerce and Energy Committee Analyst, explained HB 2200.

 

Representative Urie, bill sponsor, further explained HB 2200.

 

Mark Zinman, Attorney, representing himself, testified in support of HB 2200 and answered questions posed by the Committee.

 

Ellen Katz, Litigation Director, William E. Morris Institute for Justice, testified in opposition         to HB 2200.

 

Denise Holliday, Attorney, representing herself, testified in support of HB 2200.

 

Senator Griffin moved HB 2200 be returned with a DO PASS recommendation.  The motion CARRIED with a roll call vote of 3-2-1 (Attachment 18).

 

HB 2415 – board of cosmetology; member terms – DO PASS AMENDED/STRIKE EVERYTHING

 

Tony DeMarco, Natural Resources and Transportation Committee Analyst, explained the 5-page Melvin strike everything amendment dated 3/5/12 at 12:52 p.m. (Attachment I).

 

Nick Simonetta, Government Affairs Consultant, ACT Towing, testified in support of the Melvin strike everything amendment dated 3/5/12 at 12:52 p.m. (Attachment I).

 

Senator Griffin moved HB 2415 be returned with a DO PASS recommendation.

 

Senator Griffin moved the 5-page Melvin strike everything amendment dated 3/5/12 at 12:52 p.m. (Attachment I) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Griffin moved HB 2415 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 19).

 

HB 2601 – veteran supportive campuses; report – DO PASS AMENDED/STRIKE EVERYTHING

 

Jennifer Thomsen, Commerce and Energy Committee Analyst, explained the 18-line Melvin strike everything amendment dated 3/9/12 at 12:08 p.m. (Attachment J).

 

Senator Griffin moved HB 2601 be returned with a DO PASS recommendation.

 

Senator Griffin moved the 18-line Melvin strike everything amendment dated 3/9/12 at 12:08 p.m. (Attachment J) be ADOPTED.  The motion CARRIED by voice vote.

 

Senator Griffin moved HB 2601 be returned with an AS AMENDED, DO PASS recommendation.  The motion CARRIED with a roll call vote of 5-0-1 (Attachment 20)

 

Attached is a list noting the individuals who registered their position on the agenda items (Attachment K).

 

There being no further business, the meeting was adjourned at 12:41 p.m.

 

 

 

.

 

 

 

Respectfully submitted,

 

 

Toy Brown

Committee Secretary

 

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

 

 

 

 

 

 

 

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                        Committee on Commerce and Energy

March 14, 2012

            10       

 

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