2019 Legislative Summary

The 54th, 1st Regular Legislative Session adjourned Sine Die at 12:58 am on Tuesday, May 28, 2019. Session ran a total of 134 days. 1,318 bills were introduced this year, a 9.29% increase over 2018. Of those bills, 331 were passed by the legislature and the governor has ten days from adjournment, June 8, 2019, to either sign or veto any bill currently on his desk.

With adjournment, the Arizona REALTORS® state association was successful in achieving our 2019 legislative policies as well as protecting our membership and homeowners. The Arizona REALTORS® Government Affairs staff and Legislative Committee reviewed every bill this session and actively took positions on 177 bills that directly impacted the real estate industry.

Legislative Committee 2019 Digest

With the exception of budget bills, which become law when they are signed, all other legislation signed or passed into law without the signature of the governor will become effective on August 27, 2019 (90 days after the legislature adjourned), unless the legislation contains an emergency clause or a delayed effective date.

This year, the state association protected our membership from extreme government overreach, which would have required DNA samples from real estate licensees. We successfully passed common sense legislation to allow a real estate licensee to utilize the name they are known by for purposes of advertising. And we stood our ground and came to a consensus with the Central Arizona Homebuilders Association to ensure homeowners’ protections in a construction defect lawsuit.

In all, the Arizona REALTORS® had a very successful legislative year. Below are some of the legislative issues that the state association successfully advanced, defeated or will be back in 2020 to advance.

SB 1085: Association Health Plans; Definitions; Requirements

Enables Arizona citizens to obtain quality and affordable health coverage by providing a new pathway for employer groups and associations to offer fully insured and self-insured Association Health Plans (APHs).

Signed by the Governor

What This Victory Means for You… Associations, such as the Arizona REALTORS®, will have greater flexibility in designing health insurance plans to meet the needs of the membership at lower costs.

SB 1271: Purchaser Dwelling Actions; Notice; Complaints

Protects a homeowner’s ability to be made whole by taking defects to court and being awarded appropriate damages and reasonable attorney fees for issues not warrantied by the builder.

Signed by the Governor

What This Victory Means for You… Saves your clients thousands of dollars by continuing to allow attorney fees to be awarded to the prevailing party in a construction defect lawsuit.

SB 1475: DNA Identification Database; Requirements

Requires the Arizona Department of Public Safety (DPS) to establish a database and charge a fee of $250 to retain deoxyribonucleic acid (DNA) for persons required by law to submit fingerprints as part of an original or renewal of licensure.

Amended and Held in Senate Rules

What This Victory Means for You… The government cannot mandate or administer a $250 fee for the collection of your DNA in conjunction with your application for original or renewal of your real estate or brokers license.

HB 2108: Real Estate Signs; Cities; Counties

Establishes regulations for real estate signs displayed by an owner of real property or the owner’s agent in cities, towns and counties.

Failed to Advance in the House

 What This Would Have Meant for You…Would have prohibited  cities, towns and counties from regulating real estate signage while allowing them to establish time, place and manner restrictions as well as health, safety and welfare restrictions.

HB 2371: Real Estate; Licenses; Applications

Requires an original or renewal application for real estate salesperson or broker licensure to include the applicant’s first, middle, or nickname that the applicant regularly uses for advertising purposes.

Signed by the Governor

What This Victory Means for You…REALTORS® will be able to use the name they are commonly known by in their advertising.