Arizona 55th Legislature - 1st Regular Session Status: Enacted 1 R cosponsors

HB 2760 — military installation fund; property conveyance.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 02, 2021. Enacted.

Prognosis

Advancing 58% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Mixed recorded votes

    2 passed, 2 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

64 added · 238 removed

Plain-language change summary

The updated version of Bill HB 2760 removes the section related to the military installation fund and property conveyance, focusing instead on regulations for qualifying parties among contractors. The new language specifies that a qualifying party for a contractor's license cannot have conflicting employment while performing their duties, and allows them to act for one additional licensee under certain ownership conditions. This change emphasizes the need for clarity and accountability in the supervision of contractor work, which is important for maintaining standards and protecting consumers.

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HB2760 - 551R - H Ver       House Engrossed   military installation fund;
Chapter 0297 - 551R - S Ver of HB2760     Senate Engrossed House Bill   military installation fund;
        State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       HOUSE BILL 2760       AN ACT   amending sections 26-262 and 41-2752, Arizona Revised Statutes;
(now:
relating to the military installation fund.
contractors;
qualifying party;
liability)       State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session       CHAPTER   HOUSE BILL 2760     AN ACT   amending sections 32-1127 and 32-1162, Arizona Revised Statutes;
relating to contractors.
Section 26-262, Arizona Revised Statutes, is amended to read:
Section 32-1127, Arizona Revised Statutes, is amended to read:
START_STATUTE26-262.
START_STATUTE32-1127.
Military installation fund;
Qualifying party;
rules;
responsibility A.
application review;
While engaged as a qualifying party for a licensee, the qualifying party may not take other employment that would conflict with his the person's duties as qualifying party or conflict with his the person's ability to adequately supervise the work performed by the licensee.
award and use of monies;
Such person may act in the capacity of the qualifying party for one additional licensee if one of the following conditions exists:
reporting requirements;
definitions A.
The military installation fund is established consisting of revenues made available to the fund from any lawful source.  The adjutant general shall administer the fund.  On notice from the adjutant general, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
The fund is exempt from the provisions of section 35-190 relating to lapsing of appropriations.
B.
Monies in the fund are continuously appropriated for the purposes of this section.
C.
The department, in conjunction with the military affairs commission established by section 26-261, shall adopt by rule procedures for receiving and evaluating applications and awarding the monies as provided by subsection G of this section.
If applications for monies exceed the amount available in the fund, the department may request applicants to reduce the amount of the applications or deny or award reduced amounts.
D.
The department shall receive each application for fund monies and shall forward each application to the military affairs commission.  The military affairs commission shall review each application and recommend to the department both of the following:
Each applicant that should be awarded monies from the fund.
There is a common ownership of at least twenty-five per cent percent of each licensed entity for which the person acts in a qualifying capacity.
The dollar amount that each applicant pursuant to paragraph 1 of this subsection should be awarded from the fund.
One licensee is a subsidiary of another licensee for which the same person acts in a qualifying capacity.
E.
For the purposes of this paragraph, "subsidiary" as used in this paragraph means a corporation of which at least twenty-five percent is owned by the other licensee.
The department shall consider the military affairs commission's recommendations and shall decide how the monies in the fund shall be awarded among the applicants.
B.
The department, after reviewing the recommendations by the military affairs commission, shall make the monies in the fund available for the purpose of military installation preservation and enhancement projects.  Except as provided in subsection F of this section, after the department makes an award decision the department shall award the monies.
While engaged as the qualifying party for a licensee, the qualifying party is responsible for any violation of this chapter by the licensee for licensure regulatory purposes under this chapter.  This subsection does not impose personal liability on the qualifying party for a licensee's violation of this chapter.
F.
END_STATUTE Sec. 2.
If the department does not comply with the military affairs commission's recommendation for the awards, within five days after the department's decision the department shall report in writing to the military affairs commission, the president of the senate, the speaker of the house of representatives and the governor.
Section 32-1162, Arizona Revised Statutes, is amended to read:
The report shall include the award decision of the department and the recommendation of the military affairs commission.
START_STATUTE32-1162.
The department shall not distribute monies from the fund to the applicants for at least sixty days after the report is received.
Statute of limitations;
G.
remedy violations A.
The department shall:
A person may file a written complaint pursuant to section 32-1155 with the registrar alleging a licensee has committed a violation of this chapter.  The complaint must be filed:
Award eighty percent of the monies in the fund for the following purposes, except that up to twenty percent of this amount may be awarded to cities, towns and counties for the purpose of acquiring private land for the purposes prescribed in paragraph 2 of this subsection:
For new home builds or other new building construction, within two years after the earlier of the close of escrow or actual occupancy.
(a) Acquisition of private property for the purpose of preserving a military installation.
(b) Acquisition of real estate and rights to real estate and otherwise preserving real estate from development or mitigating impacts on development in high noise or accident potential zones as defined in section 28-8461 and in areas as required to support a military installation.
(c) Acquisition of real estate, property rights and related infrastructure that are vital to the preservation or enhancement of a military installation.
(d) Structural renovations or construction of building modifications or improvements that mitigate or attenuate impacts in high noise or accident potential zones.
(e) Removal of structures or improvements that are necessary for acquisition of private property for the purpose of preserving a military installation.
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(f) Management of acquired property that is necessary to preserve and enhance military missions and military installations.
Except as provided by subsection L  m of this section, award twenty percent of the monies in the fund to cities, towns and counties for:
For all other projects, within two years after the completion of the specific project.
(a) Military installation preservation and enhancement projects or analytical reports or studies that are requested by federal or state agencies or military facilities in this state.
(b) Investment in or construction of capital improvements or infrastructure for the purpose of preserving a military installation.
(c) Structural renovations or construction of building modifications or improvements that mitigate or attenuate impacts in high noise or accident potential zones.
(d) Removal of structures or improvements that are necessary for acquisition of private property for the purpose of preserving a military installation.
(e) Management of acquired property that is necessary to preserve and enhance military missions and military installations.
H.
Before awarding monies pursuant to subsection G of this section, the department shall submit a report of the proposed awards to the joint committee on capital review for review.
The legislature shall review the distribution formula prescribed in subsection G of this section at least once every four years.
I.
Monies in the fund may be awarded for debt service on bonds issued by a political subdivision for the purpose of acquisition of private property for the purpose of preserving a military airport or ancillary military facility as defined in section 28-8461 if the land acquisition occurs after December 31, 2004.
J.
The department shall annually report the awards made pursuant to this section.
The report shall be in writing and shall be sent to the president of the senate, the speaker of the house of representatives and the governor.
The department shall send a copy of this report to the secretary of state.
K.
The department may:
1.
Transfer any real estate, property rights and related infrastructure that are acquired pursuant to this section to any other governmental agency for the purposes of preserving or enhancing military installations in this state.
2.
Sell or otherwise dispose of any real estate, property rights and related infrastructure acquired pursuant to this section.
The conveyance shall be made to the highest and most responsible bidder at a public sale held for that purpose.
3.
After establishing, laying out or substantially completing an improvement to real property, convey the real property or any interest in the real property that the department determines is not necessary, useful or convenient for the use of the improvement by the department.
The conveyance shall be made to the highest and most responsible bidder at a public sale held for that purpose.
4.
Lease or sublease at fair rental value any real estate or related infrastructure that is acquired pursuant to this section.
A lease or sublease that is granted pursuant to this paragraph is exempt from section 41-2752.
L.
Before any conveyance, lease or sublease pursuant to subsection K, paragraph 2, 3 or 4 of this subsection, the department shall ensure the use or development of any real estate, property rights and related infrastructure, real property or any improvements to real property complies with section 28-8481.
L.
M.
If monies remain after the award of monies pursuant to subsection G, paragraph 2 of this section, the department may use the remaining monies and any monies received pursuant to subsection K, paragraphs 2, 3 and 4 for either of the following:
1.
The purposes prescribed in subsection G, paragraph 1 of this section.
2.
Projects or studies necessary to preserve or enhance military missions and military installments in this state.
M.
N.
Any agency of this state may accept title to and manage real estate, property rights and related infrastructure that are acquired pursuant to this section.
N.
O.
For the purposes of this section:
1.
"Department" means the department of emergency and military affairs.
2.
"Military installation" has the same meaning prescribed in section 26-261.
END_STATUTE Sec. 2.
Section 41-2752, Arizona Revised Statutes, is amended to read:
START_STATUTE41-2752.
State competition with private enterprise prohibited;
exceptions;
definition A.
A state agency shall not engage in the manufacturing, processing, sale, offering for sale, rental, leasing, delivery, dispensing, distributing or advertising of goods or services to the public that are also offered by private enterprise unless specifically authorized by law other than administrative law and executive orders.
A state agency shall not offer or provide goods or services to the public for or through another state agency or a local agency, including by intergovernmental or interagency agreement, in violation of this section or section 41-2753.
For licensure regulatory purposes under this CHAPTER, a licensee's qualifying party is responsible for any violation of this chapter committed by the licensee during the period of time that the qualifying party is named on the license.
 This subsection does not impose personal liability on the qualifying party for a licensee's violation of this chapter.
The restrictions on activities that compete with private enterprise contained in this section do not apply to:
For licensure regulatory purposes under this CHAPTER, a person named on a license is responsible for any violation of this chapter committed by the licensee during the period of time that person was named on the license.  This subsection does not impose personal liability on a person named on a license for a licensee's violation of this chapter.
1.
The development, operation and management of state parks, historical monuments and hiking or equestrian trails.
2.
Correctional industries established and operated by the state department of corrections if the prices charged for products sold by the correctional industries are not less than the actual cost of producing and marketing the product plus a reasonable allowance for overhead and administrative costs.
3.
The office of tourism.
4.
The Arizona highways magazine, operated by the department of transportation.
5.
Printing and distributing information to the public if the agency is otherwise authorized to do so, and printing or copying public records or other material relating to the public agency's public business and recovering through fees and charges the costs of such printing, copying and distributing.
6.
The department of public safety.
7.
The construction, maintenance and operation of state transportation facilities.
8.
The development, distribution, maintenance, support, licensing, leasing or sale of computer software by the department of transportation.
9.
Agreements executed by the Arizona health care cost containment system administration with other states to design, develop, install and operate information technology systems and related services or other administrative services pursuant to section 36-2925.
10.
Agreements executed by the department of economic security with other states to design, develop, install and operate support collection technology systems and related services.  The department shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the public assistance collections fund established by section 46-295.
11.
Educational, vocational, treatment, training or work programs of the department of juvenile corrections and contracts between the department of juvenile corrections and this state, a political subdivision of this state or a private entity in order to provide employment or vocational educational experience.
12.
The aflatoxin control technologies of the cotton research and protection council.
13.
The lease or sublease of lands or buildings by the department of economic security pursuant to section 41-1958.
14.
The Arizona commerce authority.
15.
The Arizona game and fish commission, but only for the sale of goods or services and not firearms.
16.
The lease or sublease of lands or buildings by the department of child safety pursuant to section 8-460.
17.
Agreements executed by the department of child safety with other states to design, develop, install and operate support collection technology systems and related services.
The department shall deposit, pursuant to sections 35-146 and 35-147, monies received pursuant to this paragraph in the child safety collections fund established by section 8-461.
18.
The lease or sublease of state hospital lands or buildings by the department of health services.
19.
The sale or lease of software, computer systems or intellectual property developed by the department of education or associated services provided for the sale or lease of software, computer systems or intellectual property by the department of education.
The department shall deposit, pursuant to sections 35-146 and 35-147, sixty percent of the profit from the monies generated pursuant to this paragraph in the state general fund and the remaining forty percent in the department of education intellectual property fund established by section 15-231.04.  The department of education may not transfer or expend monies or personnel resources for the purposes of marketing or soliciting goods or services authorized pursuant to this paragraph that were appropriated and authorized for other functions and programs of the department of education.
20.
The lease or sublease of any real estate or related infrastructure by the department of emergency and military affairs pursuant to section 26-262, subsection K, paragraph 4.
The restrictions on activities that compete with private enterprise contained in subsection A of this section do not apply to community colleges and universities under the jurisdiction of a governing board.
A licensee doing business as a sole proprietor may be personally LIABLE to the registrar for the purposes of enforcing this chapter, including subrogation proceedings brought by this state pursuant to section 32-1138.
E.
Sec. 3.
For the purposes of this section, "profit" means any monies generated from the sale or lease of goods and services after accounting for the costs paid by this state, including appropriations from the state general fund.
Legislative Intent The changes to sections 32-1127 and 32-1162, Arizona Revised Statutes, as amended by this act, are intended to clarify that the term "responsible" in these sections applies only for licensure regulatory purposes under title 32, chapter 10, Arizona Revised Statutes, and does not expose a qualifying party, as defined in section 32-1101, Arizona Revised Statutes, or a person named on a license to personal liability for a violation of title 32, chapter 10, Arizona Revised Statutes.
END_STATUTE
END_STATUTE       APPROVED BY THE GOVERNOR APRIL 28, 2021.
  FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 28, 2021.
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Action History

  1. Signed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DPA/SE

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. House Placed on Consent Calendar

  14. DP

  15. House Second Reading

  16. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 91 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (91)

91 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 30 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 3000
Unaffiliated 20000
Republican 7000
Total 30000
% of votes cast 100%0%0%0%
How each member voted (30)
Member Party Vote
Christine Marsh — Yea
Jamescita Peshlakai — Yea
Juan Mendez — Yea
Karen Fann — Yea
Kelly Townsend — Yea
Kirsten Engel — Yea
Lisa Otondo — Yea
Martin Quezada — Yea
Michelle B. Ugenti-Rita — Yea
Nancy Barto — Yea
Paul Boyer — Yea
Rebecca Rios — Yea
Rick Gray — Yea
Rosanna Gabaldon — Yea
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tony Navarrete — Yea
Tyler Pace — Yea
Victoria Steele — Yea
Lela Alston Democrat Yea
Lupe Contreras Democrat Yea
Sally Ann Gonzales Democrat Yea
David Gowan Republican Yea
David Livingston Republican Yea
J.D. Mesnard Republican Yea
Thomas "T.J." Shope Republican Yea
Venden "Vince" Leach Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

Official roll call →

Passed

Passed 54 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 3100
Unaffiliated 37302
Republican 14000
Total 54402
% of votes cast 90%7%0%3%
How each member voted (60)
Member Party Vote
Jasmine Blackwater-Nygren — Yea
Aaron Lieberman — Yea
Amish Shah — Yea
Andrea Dalessandro — Nay
Andres Cano — Yea
Athena Salman — Yea
Becky A. Nutt — Yea
Ben Toma — Yea
Brenda Barton — Yea
Bret Roberts — Yea
Charlene R. Fernandez — Yea
César Chávez — Yea
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Diego Rodriguez — Nay
Domingo DeGrazia — Nay
Frank Pratt — Not Voting
Jacqueline Parker — Yea
Jennifer Jermaine — Yea
Jennifer Longdon — Yea
Jennifer Pawlik — Yea
Joanne Osborne — Yea
Joel John — Yea
John Fillmore — Yea
Judy Burges — Yea
Judy Schwiebert — Yea
Kelli Butler — Yea
Lorenzo Sierra — Yea
Melody Hernandez — Yea
Michelle Udall — Yea
Pamela Powers Hannley — Yea
Randall Friese — Yea
Raquel Terán — Yea
Regina E. Cobb — Yea
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Not Voting
Steve Kaiser — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Stephanie Stahl Hamilton Democrat Nay
Beverly Pingerelli Republican Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jake Hoffman Republican Yea
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Mark Finchem Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Subjects

public-safety housing veterans
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Frequently asked questions

Who sponsors HB 2760?
HB 2760 is sponsored by Timothy "Tim" Dunn (Republican) and Joanne Osborne.
What is the current status of HB 2760?
This bill has been enacted into law. Introduced February 02, 2021. Enacted.
Where can I track HB 2760?
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