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Arizona - HB2177 - timeshares; technical correction
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Policy Process

Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • BILL STATUS OVERVIEW 
    HB2177
    SPONSORS: MCCOMISH P
    TITLE: timeshares; technical correction
    HOUSE FIRST READ: 02/15/10
    COMMITTEES: ASSIGNED COMMITTEES ACTION
    02/15/10 APPROP 02/24/10 DISC/HELD
    02/15/10 RULES
    HOUSE SECOND READ: 02/16/10
    FINAL DISPOSITION: Held in Committees
  • Summary/Fact Sheet Title
  • HOUSE SUMMARY: 02/23/2010 APPROP

    House of RepresentativesHB 2177timeshares; technical correctionSponsors: Representative McComish XCommittee on Appropriations Caucus and COW House EngrossedHB 2177 makes a technical change to statute relating to timeshares. Summary of the proposed strike-everything amendment to HB 2177:The proposed strike-everything amendment to HB 2177 requires the Arizona Department of Corrections (ADC) to utilize the least expensive prison beds through June 30, 2012. HistoryCurrently, the Department of Corrections (ADC) is authorized to contract with private prison contractors to provide or operate facilities dedicated to the confinement of people committed to ADC (A.R.S. § 41-1609.01).  Private prison contractors must demonstrate a history of successful operation of such facilities, the ability to comply with correctional standards or court orders and must have the qualifications, operations and management experience necessary to carry out the terms of a contract. Contracts for private prisons are limited to a period of no more than 10 years and may include the option for two five-year renewals.  Every two years, the ADC must conduct a performance and cost comparison between the private prison contract and a similar state facility According to the Joint Legislative Budget Committee’s (JLBC) FY 2010 Appropriations Report, the state’s prison bed count for FY 2009-10 is as follows:State Beds (27,248) – beds owned and operated by ADC located in ten complexes throughout the state; Private Beds (5,708) – located in-state, and are lease-to-own beds operated by private entities with whom the ADC has contracted.  Typically the ADC will own these beds after a contracted period of 20 years.  The current per diem rates range from $49.03 and $67.34, which include the cost of purchasing the facility; Provisional Beds (4,892) – temporary beds that are rented from public or private vendors.  These beds are currently located in Oklahoma and Colorado.  The per diem costs for these beds range from $59.45 and $64.00; and County Beds (48) – beds rented from Navajo County.  The per diem cost is $49.44. Laws 2007, Chapter 261 authorized the Arizona Department of Administration to contract for 2,000 new private prison beds and construct 4,000 new public beds.  The phase-in of the 2,000 new private beds is scheduled to begin in FY 2010, while the 4,000 public beds are anticipated to be operational in FY 2011.  In addition, Laws 2009, 3rd Special Session, Chapter 6 authorizes ADC to issue a Request For Proposals for 5,000 new in-state private prison beds which are not anticipated to be operational until some time after the current fiscal year.  The JLBC projects a bed shortfall of 5,328 by the end of FY 2010.Provisions·          Prohibits, through June 30, 2012, the Director of ADC from cancelling or awarding a private prison contract, or activating a new public institution that results in increased prison bed costs or per diem rates.·          Stipulates that before awarding or cancelling a contract with a private prison contractor or activating a new public institution, the Director shall make a written determination that this action will not result in increased prison beds costs at any public or private facility.·          States that the determination must be provided to JLBC no less than five business days prior to any action.·          Limits the scope of the legislation to only apply to minimum or medium level prisons.·          Outlines the following evaluation criteria for making the determination:Ø      For private beds, the blended per diem rate at that facility.Ø      For public beds, a per diem rate determined for each facility that includes all associated direct and indirect costs.·          Defines direct and indirect costs.·          Contains a legislative intent statement.·          Contains an emergency clause.   ---------- DOCUMENT FOOTER ---------Forty-ninth LegislatureSecond Regular Session          2          February 19, 2010 ---------- DOCUMENT FOOTER ---------


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    REFERENCE TITLE: timeshares; technical correction

     

     

     

    State of Arizona

    House of Representatives

    Forty-ninth Legislature

    Second Regular Session

    2010

     

     

    HB 2177

     

    Introduced by

    Representative McComish

     

     

    AN ACT

     

    amending section 33-2201, Arizona Revised Statutes; relating to the timeshare owner's association and MANAGEMENT act.

     

     

    (TEXT OF BILL BEGINS ON NEXT PAGE)

     



    Be it enacted by the Legislature of the State of Arizona:

    Section 1.  Section 33-2201, Arizona Revised Statutes, is amended to read:

    START_STATUTE33-2201.  Application

    This chapter applies to all timeshare plans, timeshare property and associations in this state that are established on or after the effective date of this chapter August 12, 2005.  This chapter also applies, unless the timeshare instrument provides otherwise, to timeshare plans, timeshare property and associations in this state that are established at any time before the effective date of this chapter August 12, 2005.  Notwithstanding this title or title 32 this chapter governs if there is any conflict between this chapter and any other statute related to the operation and management of timeshare plans, timeshare property or associations in this state.END_STATUTE



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  • Second Reading Calendar

    Tuesday, February 16, 2010

    SECOND READING OF BILLS

     

    HB2002-HB2003, HB2177, HB2193, HB2580, HB2735, HB2739-HB2740, HB2742-HB2743, HB2747, HB2750, HB2779, HCR2008-HCR2013, HCR2017-HCR2021, HCR2025, HCR2029-HCR2034, HCR2036-HCR2041, HCR2043-HCR2044, HCR2048-HCR2052, HCR2054-HCR2063,

     

     

    THE CLERK IS INSTRUCTED TO RECORD

    THE ACTION OF THE HOUSE

    First Reading Calendar 

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