ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE GOVERNMENT
COMMITTEE OF REFERENCE
DATE: January 19, 2024
SUBJECT: Sunset Review of the Governor's Office on Tribal Relations
Attached is the final report of the sunset review of the Governor's Office on Tribal
Relations, which was conducted by the Senate Government Committee of Reference.
This report has been distributed to the following individuals and agencies:
Governor of the State of Arizona
The Honorable Katie Hobbs
President of the Senate Speaker of the House of Representatives
Senator Warren Petersen Representative Ben Toma
Senate Members
Senator Jake Hoffman, Chair
Senator Wendy Rogers, Vice-Chair
Senator Eva Diaz
Senator David C. Farnsworth
Senator Juan Mendez
Senator Janae Shamp
Senator Priya Sundareshan
Senator Justine Wadsack
Governor's Office on Tribal Relation
Office of the Auditor General
Arizona State Library, Archives and Public Records
Senate Resource Center Office of the Chief Clerk
Senate Republican Staff House Republican Staff
Senate Democratic Staff House Democratic Staff
Senate Research Staff House Research Staff
JASON THEODOROU
LEGISLATIVE RESEARCH ANALYST
GOVERNMENT COMMITTEE
Telephone: (602) 926-3171
Senate Government Committee of Reference Final Report
Governor's Office on Tribal Relations
Background
Pursuant to A.R.S. § 41-2953, the Joint Legislative Audit Committee assigned the sunset
review of the Governor's Office on Tribal Relations (GOTR) to the Senate Government Committee
of Reference and the House Government Committee of Reference.
Established in 2016 replacing the former Arizona Commission of Indian Affairs, the GOTR
must assist state agencies with implementing tribal consultation and outreach activities. The
Governor must appoint a Director of the GOTR with consent of the Senate. The GOTR may
employ clerical, professional and technical personnel.
State agencies must develop and implement tribal consultation policies to guide the
agency's work and interaction with the tribal nations. The GOTR may: 1) assist in evaluating,
consolidating and coordinating activities relating to the education of American Indian students;
2) provide training on cross-cultural situations; 3) accept, receive and spend fees collected for the
Arizona Indian town hall; and 4) promote increased participation by American Indians in local and
state affairs. The GOTR must prepare an annual report that summarizes each state agency's annual
progress report that outlines the progress and challenges that the state agencies have experienced
in implementing tribal consultation policies and submit the report to the Legislature during a joint
session on Indian Nations and Tribes Legislative Day.
The GOTR, in cooperation with representative from Arizona's tribal nations must annually
facilitate an Indian Nations and Tribes Legislative Day on Wednesday of the first week on each
regular legislative session. The GOTR must coordinate the planning and preparation of the
legislative day with the President of the Senate, the Speaker of the House of Representatives and
legislators who are Native American (Laws 2016, Ch. 150; A.R.S. Title 41, Ch. 15).
The GOTR is statutorily set to terminate on July 1, 2024, unless legislation is enacted for
its continuation (A.R.S. § 41-3024.23).
Committee of Reference Sunset Review Activity
Pursuant to A.R.S. § 41-2954, the Senate Government Committee of Reference held a public
meeting on Wednesday, January 17, 2024, to review and consider the GOTR's responses to the
statutorily-outlined sunset factors and receive public testimony.
Committee of Reference Recommendations
The Senate Government Committee of Reference recommended that GOTR be continued
for two years, until July 1, 2026.
Appendices
1. Meeting Notice
2. Minutes of the Senate Government Committee of Reference
a. Attachment A: Presentation by the GOTR
b. Attachment B: Letters of support for the GOTR
3. Chairperson's letter requesting the GOTR 's response to sunset factors
4. The GOTR 's response to sunset factors
Page 1 of 2
REVISED REVISED REVISED
Interim agendas can be obtained via the Internet at http://www.azleg.gov/Interim-Committees
ARIZONA STATE SENATE
INTERIM MEETING NOTICE
OPEN TO THE PUBLIC
SENATE GOVERNMENT COMMITTEE OF REFERENCE
Date: Wednesday, January 17, 2024
Time: 9:00 A.M.
Place: SHR 1
Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361162879&eventID=2024011033
AGENDA
1.
Call to Order
2.
Roll Call
3.
Opening Remarks
4.
Sunset Review of the Arizona Commerce Authority
Presentation by the Arizona Office of the Auditor General
Response by the Arizona Commerce Authority
Public Testimony
Discussion and Recommendations
5.
Sunset Review of the Arizona Department of Administration
Presentation by the Arizona Office of the Auditor General
Response by the Arizona Department of Administration
Public Testimony
Discussion and Recommendations
4.
Sunset Review of the Arizona Department of Homeland Security
Presentation by the Arizona Department of Homeland Security
Public Testimony
Discussion and Recommendations
5.
Sunset Review of the Arizona Registrar of Contractors
Presentation by the Arizona Registrar of Contractors
Public Testimony
Discussion and Recommendations
6.
Sunset Review of the Arizona State Board of Technical Registration
Presentation by the Arizona State Board of Technical Registration
Public Testimony
Discussion and Recommendations
7.
Sunset Review of the Governor's Office on Tribal Relations
Presentation by the Governor's Office on Tribal Relations
Public Testimony
Discussion and Recommendations
Page 2 of 2
8.
Sunset Review of the State Personnel Board
Presentation by the State Personnel Board
Public Testimony
Discussion and Recommendations
9.
Sunset Review of the Industrial Commission of Arizona
Presentation by the Industrial Commission of Arizona
Public Testimony
Discussion and Recommendations
10.
Sunset Review of the Boiler Advisory Board
Presentation by the Boiler Advisory Board
Public Testimony
Discussion and Recommendations
11.
Sunset Review of the Occupational Safety and Health Advisory Committee
Presentation by the Occupational Safety and Health Advisory Committee
Public Testimony
Discussion and Recommendations
12.
Sunset Review of the Occupational Safety and Health Review Board
Presentation by the Occupational Safety and Health Review Board
Public Testimony
Discussion and Recommendations
13.
Sunset Review of the Arizona Commerce Authority
Presentation by the Arizona Office of the Auditor General
Response by the Arizona Commerce Authority
Public Testimony
Discussion and Recommendations
14.
Sunset Review of the Arizona Department of Administration
Presentation by the Arizona Office of the Auditor General
Response by the Arizona Department of Administration
Public Testimony
Discussion and Recommendations
15.
Adjourn
Members:
Senator Jake Hoffman, Chair
Senator Wendy Rogers, Vice-chair
Senator Eva Diaz
Senator David C. Farnsworth
Senator Juan Mendez
Senator Janae Shamp
Senator Priya Sundareshan
Senator Justine Wadsack
01/11/2024
01/12/2024
hf
For questions regarding this agenda, please contact Senate Research Department.
Persons with a disability may request a reasonable accommodation such as a sign language interpreter, by contacting the Senate Secretary’s Office: (602) 926-
4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.
Senate Government Committee of Reference
January 17, 2024
Page 1
ARIZONA STATE SENATE
SENATE GOVERNMENT COMMITTEE OF REFERENCE
Minutes of the Meeting
January 17, 2024
9:00 A.M., SHR 1
Members of the public may access a livestream of the meeting here:
https://www.azleg.gov/videoplayer/?clientID=6361162879&eventID=2024011033
Members Present:
Senator Jake Hoffman, Chair
Senator Wendy Rogers, Vice-Chair
Senator Eva Diaz
Senator David C. Farnsworth
Senator Juan Mendez
Senator Janae Shamp
Senator Priya Sundareshan
Senator Justine Wadsack
Staff:
Jason Theodorou, Government Research Analyst
Alanna Bendel, Government Research Assistant Analyst
Michael Ayala, Government Research Intern
Chairman Hoffman called the meeting to order at 9:09 a.m. and attendance was taken.
OPENING REMARKS
Senator Hoffman requested the staff introduce themselves as follows:
Jason Theodorou, Government Research Analyst
Alanna Bendel, Government Research Assistant Analyst
Michael Ayala, Government Research Intern
Jackson Cooper, Government Committee Secretary
SUNSET REVIEW OF THE ARIZONA DEPARTMENT OF HOMELAND SECURITY
Presentation by the Arizona Department of Homeland Security
Kimberly O'Connor, Executive Deputy Director, Arizona Department of Homeland
Security, distributed and explained a PowerPoint presentation entitled "Arizona
Department of Homeland Security" (Attachment A). Ms. O'Connor also distributed a
booklet entitled "Sunset Review, 2024 Report" (Attachment B).
Senate Government Committee of Reference
January 17, 2024
Page 2
Susan Dzbanko, Deputy Director of Grant Administration, Arizona Department of
Homeland Security, continued with the PowerPoint presentation (Attachment A).
Ryan Murray, Deputy Director, Statewide Information Security and Privacy Office,
and Interim Chief Information Security Officer, Arizona Department of Homeland
Security, continued with the PowerPoint presentation (Attachment A) and answered
questions posed by the Committee.
Ms. Dzbanko answered questions posed by members of the Committee.
Public Testimony
Gil Orrantia, Former Director, Arizona Department of Homeland Security, testified in
support of the Arizona Department of Homeland Security.
Sheriff Mark Lamb, Pinal County, testified in support of the Arizona Department of
Homeland Security.
Sheriff Leon Wilmot, Yuma County, testified in support of the Arizona Department of
Homeland Security.
Robert Watkins, on behalf of Sheriff Mark Danells, Cochise County, testified in
support of the Arizona Department of Homeland Security.
Discussion and Recommendations
The Committee offered comments.
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the Arizona
Department of Homeland Security for 2 years until July 1, 2026. The
motion CARRIED with a roll call vote of 8-0-0 (Attachment 1).
Senators Shamp, Sundareshan, Wadsack, Mendez, Rogers and Hoffman explained their
vote.
SUNSET REVIEW OF THE ARIZONA REGISTRAR OF CONTRACTORS
Presentation by the Arizona Registrar of Contractors
Tom Cole, Executive Deputy Director, Arizona Registrar of Contractors, distributed
and explained a PowerPoint presentation entitled "Arizona Registrar of Contractors"
(Attachment C) and explained the function and purpose of the Arizona Registrar of
Contractors. Mr. Cole answered questions posed by members of the Committee.
Public Testimony
No public testimony took place.
Senate Government Committee of Reference
January 17, 2024
Page 3
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the Arizona
Registrar of Contractors for 2 years until July 1, 2026. The motion
CARRIED with a roll call vote of 8-0-0 (Attachment 2).
Senator Hoffman explained his vote.
SUNSET REVIEW OF THE ARIZONA STATE BOARD OF TECHNICAL
REGISTRATION
Presentation by the Arizona State Board of Technical Registration
Judith Stapley, Executive Director, Arizona State Board of Technical Registration,
distributed and explained a PowerPoint presentation entitled "Sunset Audit Review
Committee of Reference 2024" (Attachment D) and explained the function and purpose
of the Arizona State Board of Technical Registration. Ms. Stapley answered questions
posed by members of the Committee.
Senator Hoffman offered comments.
Public Testimony
No public testimony took place.
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to convert the Occupational
Licenses under the Arizona State Board of Technical Registration to a
less restrictive regulation.
The Committee offered comments.
The motion CARRIED with a roll call vote of 5-3-0 (Attachment 3).
Senators Mendez, Sundareshan, Wadsack and Hoffman explained their vote.
SUNSET REVIEW OF THE GOVERNOR'S OFFICE ON TRIBAL RELATIONS
Presentation by the Governor's Office on Tribal Relations
Jason Chavez, Director of Tribal Affairs, Governor's Office on Tribal Relations,
distributed and explained a PowerPoint presentation entitled "Governor's Office on Tribal
Relations" (Attachment E) and a folder with documents referring to the Governor's Office
on Tribal Relations (Attachment F). Mr. Chavez answered questions posed by the
Committee.
Senate Government Committee of Reference
January 17, 2024
Page 4
Public Testimony
Senator Theresa Hatathlie, Legislative District 6, testified in support of the Governor's
Office on Tribal Relations.
Senator Sally Gonzales, Legislative District 20, testified in support of the Governor's
Office on Tribal Relations and answered questions posed by the Committee.
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the Governor's
Office on Tribal Relations for 2 years until July 1, 2026. The motion
CARRIED with a roll call vote of 8-0-0 (Attachment 4).
Senators Mendez, Sundareshan, Rogers and Hoffman explained their vote.
SUNSET REVIEW OF THE STATE PERSONNEL BOARD
Presentation by the State Personnel Board
Zachariah Tolliver, Executive Director, State Personnel Board, distributed and
explained a PowerPoint presentation entitled "Arizona State Personnel Board"
(Attachment G). Mr. Tolliver answered questions posed by the Committee.
Public Testimony
No public testimony took place.
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the State Personnel
Board for 2 years until July 1, 2026. The motion CARRIED with a roll
call vote of 6-0-2 (Attachment 5).
Senators Mendez and Sundareshan explained their vote.
SUNSET REVIEW OF THE ARIZONA COMMERCE AUTHORITY
Presentation by the Arizona Office of the Auditor General
Monette Kiepke, Performance Audit Manager, Office of the Auditor General,
distributed and explained a PowerPoint presentation entitled "Arizona Commerce
Authority, Performance Audit and Sunset Review" (Attachment H) and explained the
findings from the Auditor General's Sunset Review. Ms. Kiepke answered questions
posed by the Committee.
Senate Government Committee of Reference
January 17, 2024
Page 5
Response by the Arizona Commerce Authority
Sandra Watson, President and CEO, Arizona Commerce Authority (ACA), distributed
and explained a PowerPoint presentation entitled "Arizona Commerce Authority, An
Overview" (Attachment I) as well as a handout entitled "Update on ACA Actions In
Response to September 2023 Performance Audit" (Attachment J). Ms. Watson played a
video on the ACA's role in bringing Lucid Motors to Arizona. Ms. Watson answered
questions posed by the Committee.
RECESS
At 12:15 p.m. the Chairman recessed the meeting to the sound of the gavel.
RECONVENE
At 3:33 p.m. the Chairman called the meeting to order.
Response by the Arizona Commerce Authority (continued)
Ms. Watson answered additional questions posed by the Committee.
Public Testimony
Greg Blackie, Arizona Free Enterprise Club, testified against the continuation of the
Arizona Commerce Authority.
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of Reference
make the recommendation to revise or consolidate the Arizona Commerce
Authority. The motion CARRIED with a roll call vote of 4-3-1 (Attachment 6).
Senators Sundareshan, Mendez, Wadsack, Shamp, Rogers and Hoffman explained their
vote.
SUNSET REVIEW OF THE INDUSTRIAL COMMISSION OF ARIZONA
SUNSET REVIEW OF THE BOILER ADVISORY BOARD
SUNSET REVIEW OF THE OCCUPATIONAL SAFETY AND HEALTH ADVISORY
COMMITTEE
SUNSET REVIEW OF THE OCCUPATIONAL SAFETY AND HEALTH REVIEW
BOARD
Presentation by the Industrial Commission of Arizona
Gaetano Testini, Executive Deputy Director, Industrial Commission of Arizona,
distributed and explained a PowerPoint presentation entitled "Industrial Commission of
Arizona" (Attachment K) and explained the function and purpose of the Industrial
Senate Government Committee of Reference
January 17, 2024
Page 6
Commission of Arizona, the Occupational Safety and Health Advisory Committee, the
Boiler Advisory Board, and the Occupational Safety and Health Review Board. Mr. Testini
also distributed a booklet entitled "The Industrial Commission of Arizona and Related
Advisory/Review Boards, Review of Sunset Factors, 2023" (Attachment L). Mr. Testini
answered questions posed by the Committee.
Public Testimony
No public testimony took place.
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the Industrial
Commission of Arizona, the Boiler Advisory Board, the Occupational
Safety and Health Advisory Committee and the Occupational Safety and
Health Review Board for 2 years until July 1, 2026.
Senator Hoffman offered comments.
The motion CARRIED with a roll call vote of 7-0-1 (Attachment 7).
Senators Mendez, Shamp, Sundareshan and Rogers explained their vote.
SUNSET REVIEW OF THE ARIZONA DEPARTMENT OF ADMINISTRATION
Presentation by the Arizona Office of the Auditor General
Miguel Caro Mateus, Performance Audit Manager, Office of the Auditor General,
distributed and explained a PowerPoint presentation entitled "Arizona Department of
Administration, Performance Audit and Sunset Review" (Attachment M) and explained
the findings from the Auditor General's Sunset Review. Mr. Caro Mateus answered
questions posed by the Committee.
Response by the Arizona Department of Administration
Elizabeth Alvarado Thorson, Executive Deputy Director, Arizona Department of
Administration, distributed and explained a PowerPoint presentation entitled "Arizona
Department of Administration, Sunset Hearing Presentation" (Attachment N) and
explained the purpose and function of the Arizona Department of Administration.
Public Testimony
No public testimony took place.
Senate Government Committee of Reference
January 17, 2024
Page 7
Discussion and Recommendations
Senator Rogers moved that the Senate Government Committee of
Reference make the recommendation to continue the Arizona
Department of Administration for 2 years until July 1, 2026. The motion
CARRIED with a roll call vote of 7-0-1 (Attachment 8).
Senators Farnsworth, Mendez, Shamp, Sundareshan, Rogers and Hoffman explained
their vote.
Attached is a list noting the individuals who registered their position on the agenda items
(Attachment O).
Attached are forms noting the individuals who submitted a speaker slip on the agenda
items (Attachment P).
There being no further business, the meeting was adjourned at 5:19 p.m.
Respectfully submitted,
Jackson Cooper
Committee Secretary
(Audio recordings and attachments are on file in the Secretary of the Senate’s Office/Resource Center,
Room 115. Audio archives are available at http://www.azleg.gov)
Governor’s
Office on Tribal
Relations
GOTR Resources
Donovan Carr
Tribal Affairs Advisor
Davina Haskins
Executive Assistant
Cissimarie Juan
Project Coordinator
Valaura Imus-Nahsonhoya
MMIP Coordinator
GOTR
A.R.S. § 41-2051 and 41-2052 Tribal Consultation and
providing support to state agencies
A.R.S. § 41-2053 Indian Nations and Tribes Legislative Day
A.R.S. § 41-2054 Arizona Indian Town Hall
Key Statutory Requirements:
Tribal Consultation A.R.S. § 41-2051
Assist state agencies in implementing Tribal consultation and
outreach activities.
Develop and implement Tribal consultation policies to guide the
agency's work and interaction with Tribal Nations.
Integrate the input generated from Tribal consultation into
agencies’ decision-making processes to improve government
operations and efficiency.
2023 Agency Tribal Liaison Meeting
Indian Nations and Tribes Legislative Day
A.R.S. § 41-2053
In collaboration with Tribes, GOTR annually facilitates Indian
Nations and Tribes Legislative Day each legislative session.
This convening brings more than 500 Tribal leaders,
stakeholders, and community members together from across the
state.
This offers a direct opportunity for legislative leaders to hear from
Tribal leaders on issues of mutual concern.
2023 Town Hall, A.R.S. 41-2054
Tourism and Economic Development
Broadband Efforts
gotr.azgovernor.gov
June 22, 2023
Director Jason Chavez
Governor's Office of Tribal Relations
1700 W. Washington St., Suite 235
Phoenix, Arizona 85007
Dear Director Jason Chavez:
The sunset review process prescribed in Title 41, Chapter 27, Arizona Revised Statutes, provides
a system for the Legislature to evaluate the need to continue the existence of state agencies. During the
sunset review process, an agency is reviewed by legislative committees of reference (CORs). On
completion of the sunset review, the CORs recommend to continue, revise, consolidate or terminate the
agency.
The Joint Legislative Audit Committee has assigned the sunset review of the Governor's Office of Tribal
Relations to the CORs comprised of members of the Senate Government Committee and the House of
Representatives Government Committee.
Pursuant to A.R.S. § 41-2954, the COR is required to consider certain sunset factors in deciding
whether to recommend continuance, modification or termination of an agency. Please provide your
agency's response to the factors listed below:
1. The key statutory objectives and purposes in establishing the agency.
2. The agency's effectiveness and efficiency in fulfilling its key statutory objectives and purposes.
3. The extent to which the agency's key statutory objectives and purposes duplicate the objectives and
purposes of other governmental agencies or private enterprises.
4. The extent to which rules adopted by the agency are consistent with the legislative mandate.
5. The extent to which the agency has provided appropriate public access to records, meetings and
rulemakings, including soliciting public input in making rules and decisions.
6. The extent to which the agency timely investigated and resolved complaints that are within its
jurisdiction.
7. The extent to which the level of regulation exercised by the agency is appropriate as compared to
other states or best practices, or both.
8. The extent to which the agency has established safeguards against possible conflicts of interest.
9. The extent to which changes are necessary for the agency to more efficiently and effectively fulfill its
key statutory objectives and purposes or to eliminate statutory responsibilities that are no longer
necessary.
10. The extent to which the termination of the agency would significantly affect the public health, safety
or welfare.
Additionally, please provide written responses to the following:
1. The extent to which the agency potentially creates unexpected negative consequences that may
require additional review by the COR, including increasing the price of goods, affecting the
availability of services, limiting the abilities of individuals and businesses to operate efficiently and
increasing the cost of government.
2. The extent to which the agency has addressed deficiencies in its enabling statutes.
3. The extent to which the agency has determined whether the Attorney General or any other agency in
Arizona has the authority to prosecute or initiate actions.
4. The consequences of eliminating the agency or consolidating it with another agency.
Additionally, statute requires the COR to consider certain factors for each agency that administers
an occupational regulation, which is defined as: 1) a statute, rule, practice, policy or other state law that
allows an individual to use an occupational title or work in a lawful occupation; and 2) a government
registration, government certification and occupational or professional license. An occupational
regulation does not include a business license, facility license, building permit or zoning and land use
regulation, except to the extent those state laws regulate an individual's personal qualification to perform
a lawful occupation. If your agency falls under this category, please provide written responses to the
following:
1. The extent to which the occupational regulation meets the requirements of A.R.S. § 41-3502.
2. The extent to which the failure to regulate a profession or occupation will result in:
a. the loss of insurance.
b. an impact to the ability to practice in other states or as required by federal law.
c. an impact to the required licensure or registration with the federal government.
d. the loss of constitutionally afforded practices.
Your response should be received by September 1, so that we may proceed with the sunset review
and schedule the required public hearing. Please submit the requested information to:
Anna Nguyen
Arizona State Senate
1700 West Washington
Phoenix, Arizona 85007
Thank you for your time and cooperation. If you have any questions, please feel free to contact
me at (602) 926-3292 or Anna Nguyen, the Senate Government Research Analyst, at (602) 926-3171.
Sincerely,
Senator Jake Hoffman
Senate Government Committee, Chair
cc: Timothy M Dunn, House Government Committee, Chair
Frank Komadina, House Government Committee, Analyst