Representative David Livingston – Prime Sponsored Bills

2013 – 51st Legislature – First Regular Session                     5 bills                     100 % (5 bills) signed into law

2014 – 51st Legislature – Second Regular Session               10 bills                    60% (6 bills) signed into law, 1 vetoed

2015 – 52nd Legislature – First Regular Session                    10 bills                    60% (6 bills) signed into law

2016 – 52nd Legislature – Second Regular Session              16 bills                    56% (9 bills) signed into law

2017 – 53rd Legislative – First Regular Session                      21 bills                   67% (14 bills) signed into law


SUMMARY OF LIVINGSTON BILLS SIGNED INTO LAW 2013 TO PRESENT

2013 – 51st Legislature – First Regular Session

HB2355 license fees; working dogs; waiver (A.R.S. § 9-500.32, Chapter 56)  Exempts disabled individuals from paying county, city or town licensing fees for service animals and individuals from paying county, city or town licensing fees for search or rescue dogs. Additionally, it requires an applicant for a license for a service animal to sign an affidavit.

HB2356 insurance; prohibited inducements   (A.R.S. § 20-452, Chapter 57) Increases the value of items prohibited regarding insurance inducement from $10 to $25.

HB2357 insurance; fees; exception (A.R.S. § 20-465, Chapter 96)  Exempts commercial insurance from the statutory provision restricting circumstances under which an insurer may charge excess fees.

HB2358 insurance; licensees; continuing education requirements

(A.R.S. § 20-2901, 20-2902, 20-2903, Chapter 160) Establishes new continuing education requirements for the renewal of insurance licenses.

Significance:  The insurance industry worked 30 years to try to get this accomplished.      

HB2546 insurance; guaranty fund   (A.R.S.  § 20-681, Chapter 214)  Amends the statutory provisions governing the Life and Disability Insurance Guaranty Fund.


2014 – 51st Legislature – Second Regular Session

HB2001 insurance; continuing education; definition   (A.R.S.  § 20-2901, Chapter 19)  Changes the definition of continuously licensed to include an expired license or a license placed on inactive status due to military service.

HB2328 STOs; grants; corporate tax credit   (A.R.S. § 15-2401, 43-1505, Chapter 278)  Modifies requirements for qualified students under Lexie’s Law so that any student who is a prior qualified student who continues to attend a qualified school, is placed in foster care, or is identified as having a disability under relevant laws is eligible for the program.

HB2329 insurance; notification; cancellation; nonrenewal   (A.R.S. § 20-1632, 20-1674, 20-1676, Chapter 58) Expands the methods through which insurers must notify policyholders of nonrenewal or cancellation of insurance policies.

HB2330 municipalities; deannexation; public right-of-way (A.R.S. § 9-471.02, 9-471.03, Chapter 146)  Allows a public right-of-way that is partially located in a municipality and partially located in a county to be de-annexed from the municipality and returned to the county under certain conditions.

HB2331 tax credit; just compensation (Now: life care contracts; in-home care)  (A.R.S  § 20-1801, 20-1802, 20-1803, 20-1804, 20-1805, 20-1807, 20-1808, Chapter 91)  Outlines requirements for life care contract providers relating to services received by a person in their private residence.

HB2598 blanket disability insurance; special groups   (A.R.S. § 20-1404, Chapter 100) Expands the types of groups that could obtain a blanket disability insurance policy.


2015 – 52nd Legislature – First Regular Session

H2288 scrap metal dealers; registration information   (A.R.S. § 44-1641.03, Chapter 50)  Requires the Department of Public Safety (DPS) to post information online pertaining to registered scrap metal dealers (Dealer).

HB2438 post-traumatic stress disorders; public safety   (Chapter 308)  Establishes the Post-Traumatic Stress Disorder (PTSD) in Public Safety Study Committee (Committee).

HB2440 tax; insurance; retaliation   (A.R.S. § 20-230, Chapter 184) Provides an exemption from retaliatory taxes.

HB2482 student loan bonds   (A.R.S. § 35-771, 35-772, 35-773, Chapter 311)  Provides an alternative process for the issuance of specific types of student loan bonds and makes changes to the approval criteria.

HB2483 school tax credit; classroom expenses   (A.R.S. § 43-1089.01, 43-1503, 43-1506, 43-1063, Chapter 217)  Permits Public School Tax Credit contributions made by April 15 be applied to either the current or preceding Tax Year (TY) and requires School Tuition Organizations (STO) to report specified information.

HB2568 insurance premium tax reduction   (A.R.S. § 20-224, 20-224.02, 20-416, Chapter 220)  Reduces the insurance premium tax rate, with the exception of fire insurance premiums and health care service insurance premiums.


2016 – 52nd Legislature – Second Regular Session

HB2002 insurance premium tax reduction   (A.R.S. § 20-224, Chapter 358) Adjusts the tax rate reductions on all insurance premiums except fire, health service, and disability insurance.

Laws 2015 Chapter 220 reduced the insurance premium tax rate over a ten year period ending in 1.7% in 2026.  HB2002 shortens the tax rate reduction phase in periods of 5 years ending with 1.7% in 2021.  On a 10 year basis, the fiscal note is zero, because its already in law, we’re just reducing it from 10 years to 6 years.  On a short term basis, I believe in next year’s budget its $2.7 million.

HB2002 - Signed by the Governor 05/19/2016.  Chapter assignment:  358

HB2271 universities; commercial paper   (A.R.S. § 15-1626, 15-1682, 15-1683, Chapter 238)  Enables the Arizona Board of Regents (ABOR) to issue commercial paper and obtain lines of credit.

HB2271 empowers the Arizona Board of Regents or ABOR to issue commercial paper to provide short term financing for capital projects or for payment of commercial paper or obligations previously issued.  It specifies that repayment be made by a pledge of fees, tuitions and rentals, other sources that may be pledged without violating the Arizona Constitution and from amounts budgeted by ABOR for that purpose.  It requires that any commercial paper issued by ABOR be repaid within 270 days and stipulates that at no time shall the outstanding principle amount of commercial paper be more than 25% of the university’s total debt capacity.

Basically, this is commercial paper, short term debt, 9 months or 270 days or less.   The universities are not allowed to expand their debt, but it’s just another tool in the toolbox, frankly, to save them money.  Since I’m an investment guy and an insurance guy, they asked me to run this bill, and I’m proud of this bill.

HB2271 - Signed by the Governor 05/12/2016.  Chapter assignment:  238

HB2342 insurance; licensed entities   (A.R.S. § 20-229, 20-286, 20-1693, Chapter 101)  Requires an insurance producer to update any changes in the licensee’s email address.

HB2342 modifies requirements that authorized insurers must follow when issuing a policy in this state.  Current law states that before issuance of a policy is finalized, the policy statement must have a counter signature endorsement from an insurance producer licensed in this state for that particular line of insurance.  The bill removes this requirement and instead allows authorized insurers to identify the name of the proper insurance producer licensed in this state on the policy statement.  The bill also states that a licensee must notify the Director the Department of Insurance of a change in their email address within 30 days.  Prior to HB2342 being signed into law by the Governor, Arizona was one of only 2 states that maintained a counter signature law requirement.

HB2342 - Signed by the Governor 04/05/2016.  Chapter assignment:  101

HB2343 unclaimed property; revenue department contracts  (Now: unclaimed property; auditor contingency contracts)   (A.R.S. § 44-334, 44-340, Chapter 239)  Directs the Department of Revenue (DOR) to establish procedures for evaluating unclaimed property audits.

The strike-everything amendment to HB2343 requires audits, including those performed by contingency auditors, to provide holders of unclaimed property with a notice of rights, requires DOR to establish procedures to monitor the performance of those contingency auditors, and it requires DOR to develop metrics to evaluate the accuracy of unclaimed property auditor recommendations.  Finally, the bill requires DOR to issue a request for information by January 1st, 2017 to explore the feasibility of contracting for audits relating to unclaimed property that are not directly or indirectly contingent on the auditor recovering unclaimed property.

HB2343 - Signed by the Governor 05/12/2016.  Chapter assignment:  239

HB2444 auxiliary containers; scrap metal dealers  (Now: towing; bond requirement)  (A.R.S. § 28-5104, Chapter 256)  Requires a towing company employee who conducts a level one motor vehicle inspection applying for authorization to submit a bond that does not exceed $25,000.

HB2444 reduces the bond amount required for a towing company employee who conducts a Level 1 motor vehicle inspection from a $100,000 minimum bond to a $25,000 maximum bond.  The bill extends the $25,000 maximum bond from single location coverage to coverage of all towing locations.

HB2444 - Signed by the Governor 05/17/2016.  Chapter assignment:  256

HB2445 motor vehicle insurance; nonrenewal   (A.R.S. § 20-1632, 20-1632, 20-1633, Chapter 363)  Allows an auto insurer to non-renew a policy provided certain requirements are met.

Currently, a motor vehicle insurance provider is prohibited from cancelling or refusing to renew an insurance policy unless the insured person fails to make payment, was obtained fraudulently, the insured person meets criteria that affects the operator’s ability to drive, the vehicle is used for transportation network services without the proper insurance endorsement, the policy is in violation of the law or the insurance is contingent on employment that has since been terminated.  HB2445 allows an insurance provider to non-renew an insurance policy, requires notice to be mailed within 45 days and allows a person who believes the policy has been non-renewed in violation to file a written objection within 10 days.  The bill allows an insurer to transfer policies to an affiliate insurance provider and prohibits an insurance provider from inquiring if an insurance applicant has been non-renewed previously.

There is no change whatsoever in the cancellation part of the law.  This bill does not permit companies to drop people at any time.

All the basic civil rights are there, and you can move anywhere in the state and you can’t be non-renewed.

HB2445 - Signed by the Governor 05/19/2016.  Chapter assignment:  363

HB2446 prohibited weapon; definition; exclusions  (Now: prohibited weapon; exclusions; definition)   (A.R.S. § 13-3101, Chapter 297)  Makes clarifying changes to an exception in the prohibited weapons statute.

Current statute specifies that firearms are devices that are registered in a National Firearms Registry and transfer records or any firearm that has been classified as a curio or relic by the US Treasury Department are not considered a prohibited weapon.  HB2446 aligns statute with current Federal law that allows for firearms or devices that are possessed, manufactured or transferred in compliance with Federal law.

Guns used to go through the US Treasury, now they go through Homeland Security, and HB2446 matches Arizona law with Federal law.

HB2446 - Signed by the Governor 05/17/2016.  Chapter assignment:  297

HB2495 sporting event tax revenue; tourism   (A.R.S. § 41-3408, Chapter 366)  Appropriates $1,500,000 annually to the Arizona Office of Tourism (AOT) from Fiscal Year (FY) 2022 to FY 2051, if the project cost for a special sporting event meets minimum requirements.

HB2495 defines a special sporting event as an event sanctioned by a nationally recognized premier auto racing series.  It defines a special sporting event project as the acquisition of land to construct a host facility, or the construction, reconstruction, improvement or renovation of improvements to land of a host facility.  Host facility is defined as a complex facility that has fixed seating that requires a ticket for admission and was chosen to host a special sporting event by a site selection organization.  The bill requires certain projects to be incurred after 2016 and certain TPT to be collected from a special sporting event for these distributions to be made and the amounts of distribution are described in the bill.  Beginning in 2021, these distributions are 10% of monies are distributed to HURF and 90% of these monies shall be distributed to the office of Tourism for use to promote and market a host facility.  Monies distributed to AOT shall not supplement or supplant other monies and may not be used for administrative or overhead expenses.  The monies are payable for 30 years and the bill requires DOR to account for revenue separately that are collected under the retail, amusement and restaurant classifications that is attributed to this special sporting event.

HB 2495 - Signed by the Governor 05/19/2016.  Chapter assigned:  366

HB2692 insurance; pharmacy benefits; audits; pricing  (Now: insurance; pharmacy benefits;audit procedures)   (A.R.S. Title 20, adding Chapter 25)  Establishes procedures and reporting requirements for pharmacy audits.

HB2692 establishes procedures and requirements for an audit conducted on a pharmacy by an auditing entity and a timeline for the provision and appeal of audit reports.  The bill also states that it does not apply to an audit conducted in which a suspicion of fraudulent activity or other intentional and willful misrepresentation is evidenced by a physical review of claims data, statements or other investigative methods.

HB2692 - Signed by the Governor 05/17/2016.  Chapter assigned:  303


2017 – 53rd Legislature – First Regular Session

HB2044 metal dealer licensure; local authority  (A.R.S. 44-1641, 44-1648, 9-500-38, 11-269.16, Chapter 140)  Allows a city, town or county to enforce scrap metal dealer license laws.

HB 2044 – Signed by the Governor 04/10/2017.  Chapter 140

HB2052 insurance taxes; installments; electronic filing  

(A.R.S. §§ 20-284, 20-285, 20-286 and 20-288, Chapter 88) Adds limited line crop insurance as a line of authority.

HB2052 – Signed by the Governor 03/29/2017  Chapter 88

HB2069 insurance taxes; installments; electronic filing (A.R.S § 36-2903, 36- 2905 and 36-2944.01, Chapter 153)  Allows the Director of the Arizona Department of Insurance (Director) to require tax payments and reports to be submitted electronically.

HB2069 – Signed by the Governor 04/17/2017  Chapter 153

HB2070 life settlement contracts; broker licenses  (A.R.S. § 20-281, 20-3202, 20-289, Chapter 150) Modifies licensing and disclosure requirements of a life settlement contract broker (broker).

                HB2070 – Signed by the Governor 04/14/2017  Chapter 150

HB2160 annuity transactions; training requirements  (Chapter 226)  Requires an insurance producer with a life insurance line of authority (producer) that sells

annuities to complete a four credit hour continuing education (CE) training course.

                HB2160 – Signed by the Governor 05/01/2017  Chapter 226

HB2166 ASRS: return to work  (A.R.S. § 38-766.02, Chapter 227)  Requires an employer to pay the alternate contribution rate (ACR) on behalf of a retired member who returns to work with an ASRS employer in a position that is similar in duties and responsibilities to that of a position ordinarily filled by an employee of the employer.

HB2166 – Signed by the Governor 05/01/2017  Chapter 227

HB2167 ASRS; contributions; adjustments (A.R.S. § 38-738, Chapter 291)  Stipulates requirements for return of overpaid contributions to employers and methods of payment for underpaid contributions by members of the Arizona State Retirement System (ASRS).

HB2167 – Signed by the Governor 05/10/2017  Chapter 291

HB2168 ASRS; reinstatement; contribution amount  (Chapter 292)  Specifies that an ASRS member, who is reemployed, may redeposit the amount of contributions ASRS paid, rather than the amount of contributions the member received, at the time of the member’s separation from service. (Sec. 1)

HB2168 – Signed by the Governor 5/10/2017  Chapter 292

HB2232 commercial cancellation; notice; unearned premium  (A.R.S. § 20-1673, 20-1674, Chapter 195)  Allows an insurer to mail a policy cancellation notice and a refund of unearned premium separately, provided that both are mailed to the insured within 45 days before the effective date of cancellation.

HB2232 – Signed by the Governor 04/26/2017  Chapter 195

HB2267 captive insurance fund  ((A.R.S § 20-487, 20- 1098.01, 20-1098.18, Chapter 281)  Increases the amount of unencumbered monies that remain in the Captive Insurance Regulatory and Supervision Fund (Fund) from $100,000 to $200,000.

HB2267 – Signed by the Governor 05/08/20107  Chapter 281

HB2279 insurance; fees; insurance producers  (Chapter 251)  Makes modifications to statute relating to an insurance producer's ability to charge fees in addition to a premium in connection with the transaction of insurance.

HB2279 – Signed by the Governor 05/02/2017  Chapter 251

HB2386 insurance; advertising; filling requirements  (Chapter 152)  Exempts certain content from classification as advertising matter and sales material subject to filing requirements with the Arizona Department of Insurance (Department). Allows the Director of the Department (Director) to exempt advertisements from filing requirements.

HB2386 – Signed by the Governor 04/14/2017  Chapter 152

HB2482 workers’ compensation; employee definition; notice  (Chapter 298)  Allows a subdivider to use a previously issued certificate of assured water supply in limited circumstances.

HB2482 – Signed by the Governor 05/10/2017  Chapter 298

HB2498 prepaid legal insurance; capital requirements  (A.R.S. § 20-1097,  20-1097.02, 20- 1097.10, Chapter 326)  Specifies that a legal services organization specializing in the lawful use of firearms may sell prepaid legal insurance contracts in this state if the applicant maintains $50,000 of unimpaired capital.

HB2498 - Signed by the Governor 5/22/17.  Chapter 326.