Capitol Insider April 22, 2011



aPRIL 22, 2011

Legislative Session Adjourns Sine Die


Early Wednesday morning, 5:25 a.m. to be exact, the legislature adjourned sine die; this being a goal of both the House and the Senate to complete all legislative work by the 100th day. Although the 100th day session is not constitutionally required and does not appear in statute, the goal does exist in both the House and Senate rules. The rule specifically reads, “that unless authorized either by the presiding officer (for a one-week extension) or by a majority vote of the members of each house (for additional extensions), the legislature shall adjourn by the Saturday of the week in which the 100th day of session falls. Of the sessions for which an accurate record is available (37 sessions since 1965), the 100th day deadline has only been achieved 15 times.


When all was said and done, the legislature dropped 1,350 bills, which is the fourth highest bill total in the last 51 years. The breakdown of the 1,350 bills was 726 in the House (the sixth highest total during the last 51 years) and 624 in the Senate (the second highest in the 51-year timeframe). Upon sine die, the legislature passed 386 bills or 28.6%. Of note, after the legislature adjourns, the governor has 10 days to either sign, veto or let a piece of legislation go into effect without her signature. To date, the governor has vetoed seven bills and has signed 211 into law.


Update on last week’s Capitol Insider


As many will recall, last week’s Capitol Insider showcased bills that the Arizona Association of REALTORS® actively worked on this legislative session. Specifically, SB 1292 (real estate; education; broker requirements) was signed by the governor on April 18, 2011. Since the bill did not contain an emergency clause or a delayed effective date, the legislation will become effective on July 20, 2011.


The key provisions of this legislation are as follows:

·          Requires a real estate broker to review a listing agreement, purchase or non-residential agreement within 10 business days from date of agreement execution;

·          Defines business day as any day excluding Saturday, Sunday, and any other holiday deemed as such by the state of Arizona;

·          Requires an applicant for a real estate license to have knowledge of real estate practices and principles as determined by the Real Estate Commissioner;

·          Authorizes the commissioner to deny an instructor’s license if the course content is not current, or if the course content is substantially different from the approved course content;

·          In the 24 months prior to application, requires each course applicant for an initial or renewal instructor’s license to attend a three-hour professional seminar or workshop;

o   Begins January 1, 2012, and excludes an applicant that is a panelist, guest speaker, attorney or out-of-state instructor;

·          Allows the commissioner to waive the requirement to attend a seminar or workshop.


This is the first step as requested by our members in a series of efforts to raise the continuing education standards for those in the real estate industry. As previously stated, prior to the next legislative session, Tom Farley, CEO of AAR, will host a series of legislative drafting meetings with instructors, schools, agents and brokers in order to draft the next legislative effort to be introduced in 2012.


Another piece of legislation that the association has diligently worked on this legislative session is HB 2193 (municipal water responsibilities; charges), which addresses an unfair practice by some municipalities who require landlords to sign a contract for water or wastewater services received by a tenant. Upon the governor’s signature, this bill would become effective on July 20, 2011.

The key provisions of this legislation are as follows:

·          Specifies, for a residential property of four or fewer units, that a municipality may require payment only from the person who has contracted for water and wastewater service, physically resides or resided at the location and receives or received the service.

·          Allows other entities, at their sole discretion, to contract for water and wastewater service with a municipality and provide payment for those services. Other entities may include property owners or immediate family members who do not reside at the location.

·          Prohibits, for a residential property of four or fewer units, a municipality from refusing service, due to unpaid service charges, to anyone other than the person who resided and received service at the property.


This bill is a significant reform effort of an unfair practice mandated by some municipalities and if passed will restore local control into the hands of the property owner. This bill currently sits on the governor’s desk and awaits her signature, veto or will go into effect without her signature.


Look for future editions of the Capitol Insider for up-to-date information on the remaining action to be taken by the governor on bills of importance to the association.




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Contact Legislative and Political Affairs

Arizona Association of REALTORS®

255 E. Osborn Rd., Ste. 200  •  Phoenix, Arizona 85012


Telephone: (602) 248-7787  •  Fax: (602) 351-2471

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