AS PASSED BY COMMITTEE
AMENDED
ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: March 25, 2024
SUBJECT: Strike everything amendment to H.B. 2471, relating to ACA; reform
Purpose
Terminates the Arizona Commerce Authority (ACA) and transfers its powers and duties to
other state agencies. Modifies the governance and administration of the ACA statutes.
Background
In 2011, the Legislature established the ACA with the mission to provide private sector
leadership in growing and diversifying the economy of Arizona, creating high quality employment
in Arizona through expansion, attraction and retention of businesses and marketing Arizona for
the purpose of expansion, attraction and retention of businesses. The ACA has a board of directors
consisting of 19 voting members, including the Governor serving as Chairperson, the Chief
Executive Officer (CEO) of the ACA and 17 private sector business leaders who are CEOs of
private, for-profit enterprises. Of the 17 private sector voting members, nine are appointed by the
Governor, four are appointed by the President of the Senate (Senate President) and four are
appointed by the Speaker of the House of Representatives (House Speaker). The board also has 10
ex-officio members without the power to vote and 9 technical advisors that serve the board to
enhance collaboration among state agencies to meet infrastructure needs and facilitate growth
opportunities throughout the state. The CEO is appointed by the board and has the statutorily
prescribed responsibility for managing, administering and supervising the activities of the ACA.
The duties of the ACA include: 1) administering tax credits and incentives for businesses; 2)
administering various grants to qualified businesses to enhance economic development, including
through the Arizona Competes Fund; 3) managing the State Broadband Office; 4) establishing a
program by which entrepreneurs become aware of permits, licenses or other authorizations needed
to establish, expand or operate in the state; and 5) establishing and supervising the operations of
full-time or part-time offices in other states and foreign countries expanding direct investment and
export trade opportunities (A.R.S. Title 41, Chapter 10).
In 2016, the Legislature established the Office of Economic Opportunity (OEO) to:
1) monitor the state's tax and regulatory competitiveness; 2) serve as the state's workforce planning
coordinator and provide economic and demographic research and analysis; 3) provide
administrative support to the Arizona Finance Authority; 4) analyze state and local regulatory costs
to businesses; and 5) provide analytical support the ACA. The director of the OEO is appointed
by the Governor and is responsible for the direction, operation and control of the agency (A.R.S.
Title 41, Chapter 53).
The Senate Government Committee of Reference (COR) held a public meeting on January
17, 2024 to conduct a sunset review of the ACA and recommended that the ACA be revised or
consolidated (COR Report). The ACA is statutorily set to terminate on July 1, 2024, unless
legislation is enacted for its continuation (A.R.S. § 41-3024.31).
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171 STRIKER MEMO – Amended
H.B. 2471
Page 2
Repealing the Arizona Competes Fund and removing the $3,500,000 annual distribution
from the State Lottery Fund may result in an increase to the state General Fund (state GF). If
repealing the income tax subtraction for net capital gains derived from investment in a qualified
business and changing the outlined income tax credits from refundable to nonrefundable results in
a change in income tax collections, there may be an impact to the state GF.
Provisions
Transfer of Authority
1. Terminates the ACA and transfers its powers and duties to the OEO.
2. Transfers the State Broadband Office from the ACA to the Arizona Department of
Administration.
OEO Governing Board & Director
3. Establishes an OEO governing board of directors (Board) to include:
a) three Governor-appointed members who are CEOs of small businesses in Arizona with
fewer than 50 employees;
b) two Governor-appointed members who are from a list of three members submitted to the
Governor jointly by the Senate President and the House Speaker;
c) four Governor-appointed public members;
d) three Senate President-appointed members who are the CEOs of small businesses in
Arizona with fewer than 25 employees;
e) one House Speaker-appointed member who is an economist;
f) one House Speaker-appointed member who is an attorney with experience litigating
constitutional cases involving the gift clause;
g) one House Speaker-appointed member who is from an organization that represents
independent businesses in Arizona;
h) one House Speaker-appointed member who represents the homebuilding industry in
Arizona; and
i) one Senate President-appointed member who represents a tax research organization in
Arizona.
4. Requires the Board to establish an advisory council consisting of the following members from
the Board:
a) the member who is an economist;
b) the member representing the homebuilding industry in Arizona;
c) the member representing a tax research organization in Arizona; and
d) the member who is an attorney with experience litigating constitutional cases involving the
gift clause to serve as the chairperson of the advisory council.
5. Requires the advisory council to survey all businesses in Arizona to assess:
a) any factors that are integral to the location of businesses;
b) any concerns business owners in Arizona have for continued viability for their businesses;
and
c) considerations policymakers in Arizona need to analyze to make Arizona more enjoyable
and practicable for business. STRIKER MEMO – Amended
H.B. 2471
Page 3
6. Requires the advisory council to develop a scorecard that evaluates and ranks the regulatory
and tax burdens of each municipality in Arizona.
7. Requires the advisory council, by December 31 of each year, to submit a report summarizing
the advisory council's findings and recommendations concerning the assessment to the:
a) Governor;
b) Senate President;
c) House Speaker;
d) chairperson of the Board; and
e) Secretary of State.
8. Requires the Board to meet quarterly and at the call of the chairperson.
9. Requires the Governor to appoint a chairperson to the Board from among the members.
10. Eliminates the ACA CEO position.
11. Requires the OEO Director to:
a) manage, administer and supervise the powers and duties transferred from the ACA; and
b) negotiate, make, execute, acknowledge and perform contracts and other agreements in the
interest of the OEO or to carry out or accomplish the purposes of the powers and duties
transferred from the ACA.
12. Requires members of the Board to annually submit a complete financial disclosure statement
indicating all financial holdings of the member to the OEO Director and the chairperson of the
Board.
13. Requires the Governor to appoint the OEO Director from a list of three qualified persons submitted
jointly to the Governor by the Senate President and House Speaker.
14. Requires the OEO Director to serve at the pleasure of the Board under the terms of a
performance-based contract, rather than at the pleasure of the Governor.
15. Allows all persons serving as members of the current ACA Board on the effective date to
continue serving until the expiration of the member's normal terms.
16. Specifies that all subsequent appointments to the Board must be as prescribed by statute.
Powers and Duties
17. Requires the OEO to submit, by December 31 of each year, a report that identifies the number
of jobs created in the state in the previous calendar year and categorizes each job as either a
direct job that would not have been created but for programs administered by the OEO, an
indirect job or an induced job to the:
a) Governor;
b) Senate President;
c) House Speaker; and
d) Secretary of State. STRIKER MEMO – Amended
H.B. 2471
Page 4
18. Eliminates the authorization for the Board to employ or retain legal counsel or other
consultants as necessary to carry out its statutory purposes.
19. Specifies that the requirement for the Board to develop comprehensive long-range economic
plans for Arizona must be informed by the annual report provided by the advisory council.
20. Requires the OEO to conduct a written evaluation for each grant it provides that demonstrates
compliance with statute.
21. Requires each evaluation to be made publicly available on the OEO's website.
22. Prohibits the OEO from providing any grants to an entity in the state unless it determines that
the grant is serving a public purpose and the state receives sufficient consideration in exchange
for the grant.
23. Grants a taxpayer in the state standing to challenge the OEO's compliance with the prescribed
requirements relating to providing grants.
24. Allows the taxpayer to recover reasonable attorney fees and costs if the taxpayer prevails in
the action.
25. Prohibits the OEO from using state monies to lease or purchase motor vehicles for use by
employees to conduct business activities.
26. Allows the OEO to participate in the state motor vehicle fleet for any motor vehicles purchased
or leased.
27. Eliminates the exemption of the OEO from the statutory requirements relating to government
competition with private enterprise.
28. Prohibits the OEO from hosting CEO forums and engaging in any marketing strategies that
require expenditures to be paid to provide attendees lodging, transportation or access for events
in the state.
29. Eliminates the exemption of OEO officers and employees from laws regulating state
employment including statutes on:
a) state service;
b) reimbursement of state employee expenses; and
c) health and accident insurance.
30. Prohibits the OEO from expending public or private monies for the employment or
contracted employment of a digital equity position.
Funds and Tax Credits
31. Repeals the Arizona Competes Fund.
32. Repeals the refundable portion of the Research and Development Tax Credit, the associated
refund application requirements and the authority to evaluate and certify qualifying taxpayers
for the refundable portion of the credit. STRIKER MEMO – Amended
H.B. 2471
Page 5
33. Removes the income tax subtraction for net capital gains derived from investment in a qualified
small business.
34. Deems the individual and corporate tax credits for Motion Picture Production Costs and
Qualified Facilities as nonrefundable, rather than refundable, and allows a taxpayer to carry
forward any credit amount not used to offset income tax liability for five years.
Legislative Ratification of Rules
35. Requires an agency to submit a proposed rule that is estimated to increase regulatory costs in
the state by more than $100,000 within five years after implementation to the OEO for review.
36. Prohibits a proposed rule from becoming effective, if the OEO confirms the proposed rule is
estimated to increase regulatory costs by more than $500,000 within five years after
implementation, until the Legislature enacts legislation ratifying the proposed rule.
37. Requires the OEO to submit the proposed rule to the Administrative Rules Oversight
Committee (Committee) within 30 days of the next legislative session.
38. Requires the Committee to submit the proposed rule to the Legislature as soon as practicable.
39. Allows any member of the Legislature to introduce legislation to ratify the proposed rule.
40. Prohibits an agency from filing a final rule with the Secretary of State before obtaining
legislative approval of the proposed rule through legislation.
41. Requires, if the Legislature does not enact legislation to ratify the proposed rule during the
current legislative session, an agency to terminate the proposed rulemaking by publishing a
notice of termination in the register.
42. Exempts the proposed rule subject to the legislative ratification requirement from statutorily
prescribed timeframes for rulemaking.
43. Allows a person regulated by an agency that is proposing a rule to request the OEO to review
the rule.
44. Allows a legislator to also request the OEO to review a proposed rule.
45. Exempts emergency rules from the legislative ratification requirement.
46. Deems, beginning on the general effective date, any rule that increases the regulatory costs by
more than $500,000 as void and unenforceable, unless the Legislature enacts legislation
ratifying the rule.
47. Exempts the Arizona Corporation Commission from the legislative ratification requirement.
Miscellaneous
48. Eliminates the definitions for the ACA and CEO.
49. Defines office as the OEO. STRIKER MEMO – Amended
H.B. 2471
Page 6
50. Defines director as the director of the OEO.
51. Redefines board to mean the board of directors of the OEO, rather than the board of directors
of the ACA.
52. Defines direct job as employment that is created to fulfill the demand for a product or service.
53. Defines indirect job as employment that exists to produce goods and services needed by the
workers who have direct jobs.
54. Defines induced job as employment that is created by the personal spending of both direct and
indirect workers in Arizona.
55. Defines consideration as an exchange of goods, services or money that is proportional, direct,
contractually obligatory and for which an objective fair market value can be readily ascertained.
56. Excludes, from the definition of consideration, indirect benefits that are speculative or
anticipatory, the promise to employ any persons and the receipt of tax revenue.
57. Defines public purpose as an activity that is directly related to a function of government and
for which the primary beneficiary is the public as a whole and not a private entity.
58. Excludes, from the definition of public purpose, providing aid by subsidy, grant, loan or
otherwise to private businesses, individuals or entities for the purposes of economic
development.
59. Requires Legislative Council staff to prepare proposed conforming legislation for
consideration in the Fifty-Seventh Legislature, First Regular Session.
60. Makes technical and conforming changes.
61. Becomes effective on the general effective date, retroactive to July 1, 2024.
Amendments Adopted by Committee
1. Adopted the strike-everything amendment.
2. Terminates the ACA.
3. Clarifies that the powers and duties of the ACA are transferred to the OEO, rather than the
ACA being placed under the authority of the OEO.
4. Eliminates the ACA CEO position.
5. Clarifies that the OEO Director, rather than the ACA CEO, must:
a) manage, administer and supervise the powers and duties transferred from the ACA; and
b) negotiate, make, execute, acknowledge and perform contracts and other agreements in the
interest of the OEO or to carry out or accomplish the purposes of the powers and duties
transferred from the ACA. STRIKER MEMO – Amended
H.B. 2471
Page 7
6. Eliminates the authorization for the OEO to purchase, lease or rent motor vehicles using
nonstate monies.
7. Requires the Board to include one House Speaker-appointed member who is an economist and
serves on the advisory council, rather than the JLBC director or the director's designee.
8. Requires the advisory council to develop a scorecard that evaluates and ranks the regulatory
and tax burdens of each municipality in Arizona.
9. Specifies that the annual OEO jobs report must include the number of direct jobs that would
not have been created but for programs administered by the OEO, rather the number of direct
jobs created by programs administered by the OEO.
10. Specifies that the requirement for the Board to develop comprehensive long-range economic
plans for Arizona must be informed by the annual report provided by the advisory council.
11. Eliminates the exemption of OEO officers and employes from laws regulating state
employment including statutes on:
a) state service;
b) reimbursement of state employee expenses; and
c) health and accident insurance.
12. Requires the OEO Director to serve at the pleasure of the Board under a performance-based
contract, rather than at the pleasure of the Governor.
13. Prohibits the OEO from expending public or private monies for the employment or contracted
employment of a digital equity position.
14. Eliminates the definitions for the ACA and CEO.
15. Defines Director as the director of the OEO.
16. Defines office as the OEO.
17. Redefines board to mean the board of directors of the OEO, rather than the board of directors
of the ACA.
18. Eliminates the Proposition 108 clause.
19. Applies this legislation retroactively to July 1, 2024.
20. Requires Legislative Council staff to prepare proposed conforming legislation for
consideration in the Fifty-Seventh Legislature, First Regular Session.
21. Makes conforming changes.
Senate Action
GOV 3/21/24 DPA/SE 4-3-1