Arizona Fifty-fifth Legislature - Second Regular Session Status: Enacted 1 R cosponsors

SB 1176 — tax credit review committee; meetings

Last action — Signed by Governor

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

This bill has been enacted into law. Introduced January 13, 2022. Enacted.

Prognosis

Advancing 56% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Mixed recorded votes

    3 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

58 added · 46 removed

Plain-language change summary

The recent amendments to Bill SB 1176 made significant changes to focus on the 340B drug program, adding detailed definitions and stipulations regarding drug coverage and healthcare plans. This shift is important as it aims to clarify the relationships between pharmacies, health insurers, and pharmacy benefit managers, potentially affecting how prescription drug coverage is managed. Conversely, the previous content regarding income tax credit reviews has been removed, suggesting a re-prioritization of legislative focus from tax matters to healthcare regulation. This change could have implications for how pharmacies operate within the 340B framework and how patients access affordable medications.

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Senate Engrossed tax credit review committee;
House Engrossed Senate Bill tax credit review committee;
meetings State of Arizona Senate Fifty-fifth Legislature Second Regular Session SENATE BILL 1176 AN ACT AMENDING SECTION 43-221, ARIZONA REVISED STATUTES;
meetings (now:
RELATING TO INCOME TAX CREDIT REVIEW.
340B drug program;
prohibitions) State of Arizona Senate Fifty-fifth Legislature Second Regular Session CHAPTER 288 SENATE BILL 1176 AN ACT AMENDING TITLE 20, CHAPTER 25, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 3;
RELATING TO PHARMACY.
Section 43-221, Arizona Revised Statutes, is amended to read:
Title 20, chapter 25, Arizona Revised Statutes, is amended by adding article 3, to read:
43-221.
ARTICLE 3.
Joint legislative income tax credit review committee;
340B PHARMACIES 20-3341.
report A.
Definitions IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
The joint legislative income tax credit review committee is established consisting of the following members:
Five members of the house of representatives ways and means committee WHO ARE appointed by the speaker of the house of representatives.
"DRUG COVERAGE":
Not more than three appointees shall be of the same political party.
(a) MEANS ANY FORM OF COMPENSATION PAID TO A PHARMACY THAT DISPENSES PRESCRIPTION DRUGS FOR A PATIENT UNDER A CONTRACTUAL OR OTHER LEGAL OBLIGATION WITH A HEALTH INSURER OR PHARMACY BENEFIT MANAGER.
(b) DOES NOT INCLUDE EITHER OF THE FOLLOWING:
(i) COVERAGE PROVIDED PURSUANT TO TITLE 36, CHAPTER 29, ARTICLE 1.
(ii) ANY AMOUNTS PAID BY AN INDIVIDUAL ON HIS OR HER OWN BEHALF OR ON BEHALF OF ANOTHER INDIVIDUAL WITHOUT A CONTRACTUAL OR LEGAL OBLIGATION TO DO SO.
Five members of the senate finance committee WHO ARE appointed by the president of the senate.
"HEALTH CARE PLAN" HAS THE SAME MEANING PRESCRIBED IN SECTION 20-3151.
Not more than three appointees shall be of the same political party.
3.
"HEALTH INSURER" HAS THE SAME MEANING PRESCRIBED IN SECTION 20-242.
4.
"THIRD PARTY" MEANS A HEALTH INSURER OR PHARMACY BENEFIT MANAGER THAT PROVIDES OR MANAGES DRUG COVERAGE UNDER A HEALTH CARE PLAN.
5.
"340B COVERED ENTITY" MEANS AN ENTITY THAT PARTICIPATES IN THE 340B DRUG DISCOUNT PROGRAM AUTHORIZED BY 42 UNITED STATES CODE SECTION 256b.
6.
"340B DRUG" MEANS A DRUG THAT IS PURCHASED BY A 340B COVERED ENTITY THROUGH THE 340B DRUG DISCOUNT PROGRAM AUTHORIZED BY 42 UNITED STATES CODE SECTION 256b AND THAT IS DISPENSED BY A PHARMACY.
20-3342.
Applicability A.
THIS ARTICLE APPLIES TO THIRD PARTIES THAT PROVIDE OR MANAGE DRUG COVERAGE UNDER A HEALTH CARE PLAN IN THIS STATE.
THE COMMITTEE SHALL MEET AT LEAST ANNUALLY AND ON THE CALL OF THE CHAIRPERSON.
THIS ARTICLE DOES NOT APPLY TO ANY OF THE FOLLOWING:
B.
C.
The committee shall determine the original purpose of existing tax credits and establish a standard for evaluating and measuring the success or failure of the tax credits.
The standard for evaluating tax credits may include:
The history, rationale and estimated revenue impact of the credit.
THE ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM ADMINISTRATION AND ITS CONTRACTORS AS DEFINED IN SECTION 36-2901 TO THE EXTENT THE SERVICES ARE PROVIDED PURSUANT TO TITLE 36, CHAPTER 29 OR 34 OR EQUIVALENT MEDICAID PROGRAMS FROM OTHER STATES.
Whether the credit has provided a benefit to this state including, for corporate tax credits, measurable economic development, new investments, creation of new jobs or retention of existing jobs in this state.
THE DEPARTMENT OF HEALTH SERVICES TO THE EXTENT THE SERVICES ARE PROVIDED UNDER THE AIDS DRUG ASSISTANCE PROGRAM.
Whether the credit is unnecessarily complex in the application, administration and approval process.
ANY INDIVIDUAL OR ENTITY IDENTIFIED IN SECTION 36-2930.05.
C.
20-3343.
D.
340B drug program;
The committee shall review the individual and corporate income tax credits pursuant to the schedule prescribed in section 43-222.
340B covered entities;
The committee shall use the joint legislative budget committee staff and may use the staff of the department of revenue and legislative council for assistance.
pharmacies;
D.
drug coverage A.
Show all 53 changed rows (13 more)
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E.
ALL CONTRACTS THAT ARE ISSUED, DELIVERED OR RENEWED ON OR AFTER JANUARY 1, 2024 FOR A THIRD PARTY THAT REIMBURSES FOR 340B DRUGS SHALL NOT DO ANY OF THE FOLLOWING:
After completing the review process, the committee shall determine whether the credit should be amended, repealed or retained.
1.
If the credit is recommended to be retained or amended, the committee shall recommend that the credit be returned to the income tax credit review schedule prescribed in section 43-222.
DISCRIMINATE IN REIMBURSEMENT ON THE BASIS THAT THE PHARMACY DISPENSES A 340B DRUG.
The next review year shall be the fifth full calendar year following the date the credit was reviewed.
- 1 - S.B.
The committee shall report its findings and recommendations to the president of the senate, the speaker of the house of representatives and the governor by December 15 of the year that the committee reviews the credit.
1176 2.
The committee shall provide a copy of the report to the secretary of state.
ASSESS ANY FEE, CHARGEBACK, CLAWBACK OR ADJUSTMENT ON THE BASIS THAT A PHARMACY DISPENSES A 340B DRUG.
- 1 -
3.
EXCLUDE A PHARMACY FROM A THIRD PARTY'S PHARMACY NETWORK ON THE BASIS THAT THE PHARMACY DISPENSES A 340B DRUG.
4.
RESTRICT THE METHODS OR PHARMACIES WITHIN A THIRD PARTY NETWORK BY WHICH A 340B COVERED ENTITY MAY DISPENSE OR DELIVER 340B DRUGS.
APPROVED BY THE GOVERNOR JUNE 13, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 13, 2022.
- 2 -
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Action History

  1. Signed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to Senate

  6. PASSED

  7. DPA

  8. DPA/SE

  9. House Second Reading

  10. House First Reading.

  11. Transmit to House

  12. PASSED

  13. DP

  14. DP

  15. W/D

  16. Senate Second Reading

  17. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"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 53 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 16001
Democrat 6000
Total 53007
% of votes cast 88%0%0%12%
How each member voted (60)
Member Party Vote
Amish Shah — Yea
Andrea Dalessandro — Yea
Andres Cano — Not Voting
Athena Salman — Not Voting
Ben Toma — Yea
Brenda Barton — Yea
Christian Solorio — Yea
César Chávez — Not Voting
Daniel Hernandez — Yea
David L. Cook — Yea
Diego Espinoza — Yea
Domingo DeGrazia — Not Voting
Jacqueline Parker — Yea
Jasmine Blackwater-Nygren — 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 — Not Voting
Lorenzo Sierra — Yea
Marcelino Quiñonez — Yea
Melody Hernandez — Yea
Michelle Udall — Yea
Morgan Abraham — Yea
Pamela Powers Hannley — Yea
Regina E. Cobb — Not Voting
Reginald Bolding — Yea
Richard C. Andrade — Yea
Robert Meza — Yea
Russell Bowers — Yea
Steve Kaiser — Yea
Travis W. Grantham — Yea
Walter Blackman — Yea
Alma Hernandez Democrat Yea
Brian Fernandez Democrat Yea
Christopher Mathis Democrat Yea
Denise “Mitzi” Epstein Democrat Yea
Myron Tsosie Democrat Yea
Sarah Liguori Democrat Yea
Beverly Pingerelli Republican Yea
Frank Carroll Republican Yea
Gail Griffin Republican Yea
Jake Hoffman Republican Not Voting
Jeff Weninger Republican Yea
John Kavanagh Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Mark Finchem Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Shawnna Bolick Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 28 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 5000
Unaffiliated 16002
Republican 7000
Total 28002
% of votes cast 93%0%0%7%
How each member voted (30)
Member Party Vote
Christine Marsh — Yea
Juan Mendez — Not Voting
Karen Fann — Yea
Kelly Townsend — Yea
Lisa Otondo — Yea
Martin Quezada — Yea
Michelle B. Ugenti-Rita — Yea
Nancy Barto — Yea
Paul Boyer — Yea
Raquel Terán — Yea
Rebecca Rios — Yea
Rick Gray — Yea
Rosanna Gabaldon — Yea
Sean Bowie — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Tyler Pace — Yea
Victoria Steele — Not Voting
Lela Alston Democrat Yea
Lupe Contreras Democrat Yea
Sally Ann Gonzales Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Theresa Hatathlie 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 →

Subjects

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Frequently asked questions

Who sponsors SB 1176?
SB 1176 is sponsored by David Gowan (Republican).
What is the current status of SB 1176?
This bill has been enacted into law. Introduced January 13, 2022. Enacted.
Where can I track SB 1176?
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