Arizona Legislative Session 2008

Lee Miller
Miller, LaSota & Peters, PLC
722 East Osborn, Suite 100
Phoenix , AZ 85014
602.296.0943 - direct voice
602.248.2900 - voice
602.248.2999 - fax

 

THIS WEEK’S NEWS . . . FROM THE CAPITOL

Prepared by Lee Miller
for
ARIZONA FIRE DISTRICT ASSOCIATION

June 27, 2008

Summary of Significant Arizona Legislation, 2008

>>SIGNIFIES NEW ADDITIONS TO THIS WEEK’S REPORT

Bill and Subject

Status

HB 2012: DRIVER LICENSES; OUT-OF-STATE; ID PURPOSES

A driver's license issued by a state that allows illegal immigrants to obtain drivers' licenses may not be used as a primary source of identification by this state or its political subdivisions. Sponsors: Rep. Nichols & 1. ARS Title 41.

1/14 Referred to House Homeland Security & Property Rights, Transportation Committees

2/18 Passed House Homeland Security & Property Rights Committee; ready for House Transportation Committee

HB 2034: STATE AGENCIES; EMPLOYEES; ORGANIZATIONAL RIGHTS

All state employees below a certain grade (formerly, only employees of the Department of Public Safety) may organize and join unions. Sponsors: Rep. Thrasher & 8. ARS Title 23.  

1/14 Referred to House Public Institutions & Retirement, Government Committees

2/12 Passed House Public Institutions & Retirement Committee; ready for House Government Committee

HB 2042: SCHOOLS; EMPLOYEES; SERIOUS CRIMES

A school employee or applicant for employment with a school that is arrested for or charged with an offense that would preclude the person from receiving a fingerprint clearance card must report the arrest to the person's supervisor or face immediate termination or exclusion from potential employment. A school employee convicted of an offense that would preclude the person from receiving a fingerprint clearance card or an offense of unprofessional conduct must surrender his/her teaching certificate and fingerprint clearance card, and must notify his/her employer and the Department of Public Safety. A person who violates notification requirements or surrender requirements is prohibited from teacher certification for at least 10 years. Schools must provide e-mail addresses to DPS, and DPS must notify a district or charter school if an employee’s fingerprint clearance card is suspended or revoked. Within 30 days after the effective date of this legislation, school districts and charter schools must give written notification of these requirements to employees. Sponsor: Rep. Robson. ARS Title 41. AS SIGNED BY GOVERNOR.

5/20 SIGNED BY GOVERNOR

Chapter No. 212, 2008 Laws

HB 2053: STATE TREASURER’S OFFICE; PERSONNEL

The state treasurer is authorized to conduct a credit review of prospective and current employees and to require that employees submit a full set of fingerprints as part of the criminal records check already required. Sponsor: Rep. McClure. ARS Title 41. AS SIGNED BY GOVERNOR.

5/12 SIGNED BY GOVERNOR

Chapter No. 176, 2008 Laws

HB 2054: STRIKER: RETIREMENT; ASRS; TRANSFERS

Procedures are prescribed whereby a member of the Arizona State Retirement System may make an irrevocable election to transfer participation to another retirement plan of the state without terminating employment. Emergency clause. Sponsor: Rep. McClure. ARS Title 38. AS PASSED HOUSE.

3/19 PASSED HOUSE 58-0

3/24 Referred to Senate Financial Institutions, Insurance & Retirement Committee

 

HB 2055: STRIKER: COUNTIES; BOARD OF SUPERVISORS; MEMBERS

Allows counties having less than 200,000 persons the ability to change the number of seats on the County Board of Supervisors from three members to five, or vice-versa, if so voted upon.   

3/12 FAILED to pass House 19-40; House voted to reconsider failure to pass bill and FAILED to pass on reconsideration 23-36

 

HB 2056: RETIREMENT; PSPRS; GLOBAL SECURITY RISK

The fund manager of the Public Safety Personnel Retirement System must submit an annual report of the fund to the Senate Finance Committee on Jan. 10 (formerly, reports were to be filed twice annually). Sponsor: Rep. McClure. ARS Title 38.

3/3 PASSED HOUSE 59-0

3/6 Referred to Senate Financial Institutions, Insurance & Retirement Committee

3/17 Passed Senate Financial Institutions, Insurance & Retirement Committee with amendment #4750

3/25 Passed Senate Rules Committee; ready for Senate Committee of the Whole

HB 2058: RETIREMENT; PSPRS; LOCAL BOARDS; PROCEDURES

Unless all parties to a dispute before a local board of the Public Safety Personnel Retirement System agree, the board shall commence a hearing on the dispute within 90 days after it is presented to the board; otherwise, the relief demanded by the petitioning party is deemed granted, subject to a timely request for a rehearing or appeal. A claim or dispute presented prior to a local board's adoption of rules of procedure shall be adjudicated under the Model Uniform Rules of Local Board Procedure issued by the fund manager's fiduciary counsel. Legal counsel employed by the local board owes its duty of loyalty only to the board and not to the employer or any employee organization. Sponsor: Rep. McClure. ARS Title 38. AS SIGNED BY GOVERNOR.

4/22 SIGNED BY GOVERNOR

Chapter No. 59, 2008 Laws

HB 2059: RETIREMENT; PSPRS; HEALTH INSURANCE SUBSIDY

Repeals law requiring employers of persons participating in the Public Safety Personnel Retirement System to pay a $25 monthly health insurance subsidy to retired members of PSPRS beginning July 1, 2008, if the member has opted for private health insurance. Emergency clause. Sponsor: Rep. McClure. ARS Title 38. AS PASSED HOUSE.

5/23 SIGNED BY GOVERNOR

Chapter No. 233, 2008 Laws

HB 2060: RETIREMENT; ASRS; REQUIRED DISTRIBUTIONS; CORRECTION

Corrects a drafting error in Laws 2006, Chapter 157 (retirement; ASRS; federal conforming changes) pertaining to a reference to a section of the IRS code. No substantive change. Sponsor: Rep. McClure. ARS Title 38.

2/11 PASSED HOUSE 57-0

2/26 Referred to Senate Financial Institutions, Insurance & Retirement Committee

3/31 Held in Senate Financial Institutions, Insurance & Retirement Committee

HB 2061: RETIREMENT; ASRS; GLOBAL SECURITY RISK REPORT

The annual report from the Arizona State Retirement System regarding the global security risk assessment of its investments must be submitted to legislative committees "responsible for retirement issues." Formerly, the report was to be submitted specifically to the Senate Government Committee and the House Ways & Means Committee. Sponsor: Rep. McClure. ARS Title 38. AS SIGNED BY GOVERNOR.

4/29 SIGNED BY GOVERNOR

Chapter No. 133, 2008 Laws

HB 2062: RETIREMENT; ASRS; BENEFITS; NORMAL RETIREMENT

Various changes in statutes pertaining to the Arizona State Retirement System effective with persons hired after June 30, 2009. Among the changes: the calculation of the monthly average compensation is based on the highest 60 months within the 10 years preceding retirement (previously, for persons hired after December 31, 1984, the calculation was based on the highest 36 months within the 10 years preceding retirement). Also, a person who terminates employment after five years other than by retirement or death may receive a maximum of 25% of the employer's contributions regardless of the number of years of credited service. Appropriates $1.3 million from the ASRS administration account in fiscal year 2008-09 to the ASRS for the administrative implementation of this act. Sponsor: Rep. McClure. ARS Title 38.

3/27 FAILED to pass House 25-30

HB 2088: MOTOR CARRIER SAFETY; VEHICLE EQUIPMENT

Several changes to statutes governing safety equipment on trucks and buses, including a requirement that vehicles exceeding 30 feet in length must have a third reflector and a third side marker light mounted at the midpoint between front and rear reflectors, two stoplights are required for buses, trucks and truck tractors, and two red flags or lanterns (formerly only one) are required to be displayed at the rear of a load that extends four or more feet from the back of the bed or body of the vehicle. Also, repeals state laws regarding the maximum number of consecutive hours a driver of a commercial vehicle may be on duty. Sponsors: Rep. Biggs & 3. ARS Titles 23, 28. AS SIGNED BY GOVERNOR.

5/1 SIGNED BY GOVERNOR

Chapter No. 142, 2008 Laws

HB 2090: EXTREME DUI; VIOLATION

The section of Laws 2007, Chapter 195, that dealt with extreme DUI is repealed. New language in this bill does not seem to make any substantive changes in extreme DUI statutes (ARS 28-1382) that were valid before the 2007 law went into effect. (Note: Gone from the 2007 bill are references to continuous alcohol monitoring and the elimination of some judicial discretion in sentencing.) Sponsors: Rep. Biggs & 4. ARS Title 28.

1/14 Referred to House Transportation Committee

1/29 Referred additionally to House Commerce Committee

1/31 Passed House Transportation Committee; ready for House Commerce Committee

HB 2092: STRIKER: TRANSPORTATION PLANS; BALLOT

The strike-everything amendment to HB 2092 requires any state or county transportation plan that appears on a ballot and that asks for voter approval of more than one mode of transportation, to be written to delineate the following: each proposed transportation mode; the cost for each of the proposed modes; a “Yes” or “No” vote for each of the proposed modes. Sponsors: Rep. Biggs & 3; Sen. Gorman. ARS Title 28.

3/10 FAILED to pass House 26-31

3/17 FAILED to pass House on reconsideration 26-33

HB 2093: SCHOOL CROSSINGS

Clarifies that only if the messages on the portable signs placed at a school crosswalk includes the phrase "civil penalty will double" can a court impose the doubled civil penalty for a violation. Effective January 1, 2009. Sponsor: Rep. Biggs. ARS Title 28. AS SIGNED BY GOVERNOR.

5/1 SIGNED BY GOVERNOR

Chapter No. 143, 2008 Laws

HB 2102: TAX COLLECTIONS; AUTOMATED DATA MATCH

The Department of Revenue may enter into agreements with financial institutions to develop and operate a data match system to assist the department in the collection of delinquent taxes, penalties and interest. When a financial institution receives a properly executed levy against assets held by a depositor/client, the institution is required to encumber or pay the levy. If two levies against the same person arrive on the same day, priority is given to a levy pertaining to child support. Sponsor: Rep. Yarbrough & 1. ARS Title 42. AS PASSED HOUSE.

3/24 PASSED HOUSE 49-5

3/26 Referred to Senate Financial Institutions, Insurance & Retirement Committee

4/7 Held in Senate Financial Institutions, Insurance & Retirement Committee

 

HB 2110: STRIKER: TAX COLLECTIONS; AUTOMATED DATA MATCH

This strike-everything amendment to HB 2110 allows financial institutions and the Department of Revenue (DOR) to develop and operate data match systems for collection of delinquent taxes, penalties, and interest. Sponsor: Rep. Yarbrough. ARS Titles 6, 42.

2/11 PASSED HOUSE 55-2

2/26 Referred to Senate Finance Committee

4/10 Passed Senate Finance Committee with amendment #5183

4/10 Referred further to Senate Financial Institutions, Insurance & Retirement Committee

HB 2113: MUNICIPAL ANNEXATION; FINALITY

After a municipal annexation becomes final, the clerk of the city or town must provide a copy of the adopted annexation ordinance to the clerk of the board of supervisors of each county that has jurisdiction over the annexed area. Sponsor: Rep. McClure. ARS Title 9. AS SIGNED BY GOVERNOR.

4/28 SIGNED BY GOVERNOR

Chapter No. 95, 2008 Laws

HB 2116: RETIREMENT; CORP; JOINDER AGREEMENTS

Dispatchers who are designated to participate in the Corrections Officer Retirement Plan (CORP) shall have all qualified credited service from any other state retirement plan transferred to CORP as of the joinder date. Sponsor: Rep. McClure. ARS Title 38. AS PASSED SENATE.

5/27 SIGNED BY GOVERNOR

Chapter No. 242, 2008 Laws

HB 2117: RETIREMENT; CORP; DISABILITY ELIGIBILITY

Members of the Corrections Officers Retirement Plan (except full-time dispatchers) must contribute 8.41% of their salary to the plan until the year following a determination the plan is 100% funded at which time the member contribution rate falls to 7.96%. Sponsor: Rep. McClure. ARS Title 38. AS PASSED HOUSE.

5/23 SIGNED BY GOVERNOR

Chapter No. 234, 2008 Laws

 

HB 2118: RETIREMENT; CORP; JUDICIARY; OTHER DESIGNATED POSITIONS

The definition of "designated position" for purposes of the Corrections Officers' Retirement Plan is expanded to include positions created by the local board of the judiciary within the Administrative Office of the Courts that require direct contact with and primarily provide training or technical expertise to county probation, surveillance or juvenile detention officers if the position is filled by an employee who is a member of the plan currently employed in a designated position as a probation, surveillance or juvenile detention officer and who has at least 5 years of credited service under the plan. Effective on July 1 of the fiscal year following a determination that CORP is 100% funded. Sponsor: Rep. McClure. ARS Title 38.

3/13 PASSED HOUSE 54-0

3/17 Referred to Senate Financial Institutions, Insurance & Retirement Committee

HB 2119: RETIREMENT; CORP; TRIBAL DISPATCHERS; DETENTION OFFICERS

Detention officers employed by an Indian tribe may participate in the Corrections Officer Retirement Plan if the Indian tribe enters into a joinder agreement to bring its detention officers into CORP and complies with other statutory conditions. Each participating Indian tribe that employs detention officers must have a local board for the local administration of the plan. Effective on July 1 of the fiscal year following a determination that CORP is 100% funded. Sponsor: Rep. McClure. ARS Title 38. AS PASSED HOUSE.

3/18 PASSED HOUSE 41-18

3/19 Referred to Senate Financial Institutions, Insurance & Retirement Committee

HB 2120: RETIREMENT; CORP; DPS DETENTION OFFICERS

Permits detention officers employed by the Department of Public Safety to join the Corrections Officers' Retirement Plan (CORP) as long as the director of the department enters into a joinder agreement with CORP in accordance with the provisions of the plan. The Department of Public Safety shall have a local board to administer the plan for its employees. Effective on July 1 of the fiscal year following a determination that CORP is 100% funded. Sponsor: Rep. McClure. ARS Title 38. AS SIGNED BY GOVERNOR.

5/1 SIGNED BY GOVERNOR

Chapter No. 144, 2008 Laws

HB 2127: RETIREMENT; ASRS; LTD; UNCLAIMED MONIES; APPROPRIATIONS

Effective July 1, 2009, the Arizona State Retirement System trust fund and the Long-Term Disability trust fund are exempt from the Unclaimed Property Act under Title 44 and establish separate procedures for dealing with unclaimed money in these funds. Appropriates $137,607 from the ASRS administration account in fiscal year 2008-2009 to the ASRS for implementation. Sponsor: Rep. McClure. ARS Title 38. AS PASSED HOUSE.

3/26 PASSED HOUSE 60-0

3/31 Referred to Senate Financial Institutions, Insurance & Retirement Committee

HB 2130: RESIDENTIAL PROPERTY TAX; HOMESITE AREA

For property tax purposes, class three property includes a homesite of up to 10 acres on a single parcel or a single parcel of from 10 to 40 acres if the entire parcel is zoned exclusively for residential purposes or contains topographic/geographic features (mountains, washes, rivers, roads, etc.) that limit the land area usable for residential purposes. Effective January 1, 2009. Sponsors: Rep. Barto & 8; Sen. Waring. ARS Title 42. AS SIGNED BY GOVERNOR.

4/18 SIGNED BY GOVERNOR

Chapter No. 49, 2008 Laws

HB 2150: RETIREE ACCUMULATED SICK LEAVE

Payment due to state employees at retirement for unused accumulated sick leave may be in a lump sum. Previously, the benefit was paid in three annual installments. (Note: The bill does not specify who decides whether the employee is paid in installments or a lump sum.) The employee must be eligible for retirement benefits within 30 days after termination of employment. Sponsor: Rep. Paton. ARS Title 38.

3/24 PASSED HOUSE 57-0

6/23 PASSED SENATE 24-0

6/26 House refused to concur in Senate amendments and named Reps. Paton, Adams, and Pancrazi to a FREE Conference Committee

6/26 Senate named Sens. Harper, Blendu, and Burton Cahill to the FREE Conference Committee

HB 2220: STATE EQUALIZATION PROPERTY TAX REPEAL

Makes permanent the 3-year suspension of the state equalization assistance property tax. (Note: Suspension is due to expire in 2009.) Sponsors: Rep. Jim Weiers & 31; Sen. Burns & 5. ARS Titles 15, 41, 42, 48. AS PASSED HOUSE.

4/16 VETOED BY GOVERNOR

HB 2235: ADMINISTRATIVE RULES OVERSIGHT COMMITTEE

Establishes the 11-member Administrative Rules Oversight Committee, which consists of 5 members of the House of Representatives, 5 members of the Senate and the Governor or the Governor's designee. Sponsors: Rep. Desimone & 7; Sen. Burns & 1. ARS Title 41.

4/28 VETOED BY GOVERNOR

HB 2254: FINGERPRINTING BOARD; GOOD CAUSE EXCEPTIONS

Various changes to statutes related to the Fingerprinting Board, including requiring board members and employees of the board to have valid fingerprint clearance cards on file. Removes authority for a hearing officer appointed by the Fingerprinting Board to conduct an expedited review or good cause exception hearing for a person initially denied clearance to grant an exception. The officer may only make a recommendation to the board for action, and the board is identified as the only entity that may grant good cause exceptions. A simple majority of those present is sufficient for the board to grant an exception (formerly, the board vote had to be unanimous). The statutory life of the board is extended five years to July 1, 2013. Sponsors: Rep. Jerry Weiers & 5. ARS Title 41. AS SIGNED BY GOVERNOR.

5/8 SIGNED BY GOVERNOR

Chapter No. 173, 2008 Laws

HB 2270: WATER SUPPLY; DISCLOSURE

The Department of Real Estate (DRE) must post on its website information advising prospective home buyers to investigate water availability before purchasing real property and must include a link to the website of the Department of Water Resources (DWR) for definitions of specified terms that apply in areas outside active management areas (AMAs). DRE must also display on its website a current map of all areas in the state outside AMAs. DWR must post and maintain on its website definitions of specified water supply terms. All municipal and/or private water companies outside of an AMA must provide to anyone who requests it a written statement describing the water supply status of real property within the services area of that municipality or private water company, including the applicable water supply definition. The written statement must be delivered by fax, email or U.S. mail, as designated by the person requesting the information, within 3 business days after receipt of the request. Effective January 1, 2009. Sponsors: Rep. Clark & 12. ARS Title 32. AS SIGNED BY GOVERNOR.

5/20 SIGNED BY GOVERNOR

Chapter No. 216, 2008 Laws

HB 2330: PROPERTY TAX EXEMPTION; CHARTER SCHOOLS

Property and buildings owned by a nonprofit organization that operates as a charter school are exempt from taxation if the property is used for education and are not used or held for profit. The nonprofit organization must file evidence of tax exempt status with the county assessor. Sponsor: Rep. Mason. ARS Title 42. AS SIGNED BY GOVERNOR.

6/6 SIGNED BY GOVERNOR

Chapter No. 252, 2008 Laws

HB 2333: STRIKER: RENEWABLE ENERGY; MANUFACTURING; RECLASSIFICATION

This strike-everything amendment to HB 2333 classifies, beginning January 1, 2010, real and personal property used to generate power using renewable energy or manufacture renewable energy equipment as class 6 properties with an assessment rate of five percent and outlines the terms necessary to qualify for the property classification. Sponsor: Rep. Mason. ARS Title 42.

3/10 PASSED HOUSE 43-14

3/11 Referred to Senate Natural Resources & Rural Affairs, Government Committees

3/19 FAILED to pass Senate Natural Resources & Rural Affairs Committee 2-3

4/2 Passed Senate Natural Resources & Rural Affairs Committee with amendment #5088

4/2 Referred further to Senate Finance Committee

HB 2354: PROPERTY VALUATION; COMMON AREAS

The definition of common areas for the purposes of valuation is expanded to include commercial, industrial or multiple use (formerly, only residential) subdivision or development. Sponsor: Rep. Biggs. ARS Title 42.

1/24 Referred to House Ways & Means Committee

2/12 Passed House Ways & Means Committee with amendment #4107; ready for House Rules Committee

HB 2362: STATE PROPERTY TAX; SCHOOL FACILITIES

An annual property tax for school facilities is levied at a rate sufficient to fund operations of the School Facilities Board. Revenue from this source may not be used for debt service or other expenses related to revenue bonds issued for school capital projects. Because of the increase in state revenue, a 2/3 majority is required for passage per Prop. 108. Sponsors: Rep. Bradley & 4. ARS Title 42.

1/24 Referred to House Education (K-12), Ways & Means Committees

2/27 FAILED to pass House Education (K-12) Committee 2-6

HB 2366: DHS; LICENSING; ELECTRONIC LICENSING

An application for an initial license or a renewal license to operate a health care institution, child care facility, or child care group home may be filed in writing or electronically (formerly, only written applications were accepted). Removes requirement that DHS conduct a compliance inspection of a health care facility that applies for a license renewal; instead, the department must issue a renewal and conduct a compliance inspection at least once during each licensure period. Makes additional changes to statutes related to licensure of child care facilities and child care group homes. Effective April 22, 2008. Sponsors: Rep. Crandall & 3. ARS Title 36. AS SIGNED BY GOVERNOR.

4/22 SIGNED BY GOVERNOR

Chapter No. 66, 2008 Laws

HB 2373: EMERGENCY RESPONSE COMMISSION; CONTINUATION

The list of members of the Emergency Response Commission is expanded to include the director or designee of the Department of Homeland Security. The Commission is extended for 5 years until July 1, 2013. A purpose section states that the Commission is to supervise, coordinate and assist local emergency planning committees for the purpose of the Emergency Planning and Community Right-to-Know Act of 1986. Effective July 1, 2008. Sponsors: Rep. Clark & 7. ARS Titles 26, 41.

1/24 Referred to House Homeland Security & Property Rights Committee

2/26 Withdrawn from House Homeland Security & Property Rights Committee and referred additionally to House Appropriations Committee

3/6 Passed House Appropriations Committee with amendment #4543; ready for House Rules Committee

HB 2381: EMERGENCY TELECOMMUNICATION SERVICES; ADMINISTRATIVE COSTS

The amount permitted to be paid out of the Emergency Telecommunications Services Fund for administrative costs or fees for consultants' services is increased from 3% to 5% of the amount deposited into the fund annually. Sponsors: Rep. Jerry Weiers; Sen. Linda Gray. ARS Title 41.

3/19 PASSED HOUSE 59-0

3/24 Referred to Senate Public Safety & Human Services, Appropriations Committees

4/14 Passed Senate Public Safety & Human Services Committee; ready for Senate Appropriations Committee

HB 2395: DUI; OUI

Makes numerous changes to statutes governing operating a watercraft while intoxicated (OUI) and driving while intoxicated (DUI), including increasing penalties for OUI, requiring persons whose licenses have been suspended to complete an alcohol or drug screening, education or treatment program before the license may be reinstated, and changing the period of required use of an ignition interlock device to 6 months from one year if the person successfully completes a drug or alcohol treatment or education program. More. Sponsors: Rep. Jim Weiers & 1. ARS Titles 5, 8, 9, 11, 28, 41. AS PASSED SENATE.

4/29 VETOED BY GOVERNOR

HB 2409: AMBULANCE RATES; ADJUSTMENTS

Changes the criteria used by the Department of Health Services to determine whether to hold public hearings on a requested rate increase for ambulance services. Sponsors: Rep. Stump & 9; Sen. Aboud & 3. ARS Title 36. AS SIGNED BY GOVERNOR.

4/22 SIGNED BY GOVERNOR

Chapter No. 67, 2008 Laws

HB 2410: OPEN MEETINGS; PUBLIC OPINIONS

The state's open meeting law does not apply when a member of a public body expresses an opinion or discusses an issue with the public via the media or technological means if the opinion is not principally directed at or given to another member of the public body and there is no plan for the body to deliberate to take legal action on the issue. Sponsor: Rep. Kavanagh; Sen. Harper. ARS Title 38. AS SIGNED BY GOVERNOR.

4/29 SIGNED BY GOVERNOR

Chapter No. 135, 2008 Laws

HB 2417: PROPERTY VALUATION; TELECOMMUNICATIONS COMPANIES

Beginning January 1, 2009, any telecommunication company that provides local service and grants "unbundled network elements" (defined) to other carriers may, at its own election, use a specified formula to calculate the percentage of obsolescence it wants the Department of Revenue to use in calculating its property tax liability. Sponsors: Rep. Driggs & 23. ARS Title 42.

1/28 Referred to House Ways & Means Committee

2/26 Passed House Ways & Means Committee with amendment #4305; ready for House Rules Committee

HB 2418: PROPERTY TAX; TELECOMMUNICATION COMPANIES; VALUATION

Beginning January 1, 2009, the Department of Revenue shall reduce the minimum value of personal property of qualified telecomm companies to 10% good and shall continue to reduce the minimum value by 2.5% good each year until the minimum value reaches 2.5% good. Also in property tax statutes, the list of property comprising Class One (commercial) is expanded to include the personal property of any telecomm company that either grants access to unbundled network elements (defined) or provides telecomm services for resale. (Note: House research staff says the part of this bill that adds personal property of telecomm companies to Class 1 property is a conforming change and does not represent new law.) Sponsors: Rep. Driggs & 18. ARS Titles 15, 35, 41, 42, 43. AS PASSED HOUSE.

3/24 PASSED HOUSE 56-3

3/26 Referred to Senate Finance Committee

4/10 Passed Senate Finance Committee

6/24 Passed Senate Rules Committee with a technical amendment; ready for Senate Committee of the Whole

HB 2421: GENERAL HOSPITALS; PROPERTY TAX CLASS 4

A licensed general hospital subject to the federal Emergency Medical Treatment and Active Labor Act is classified as Class 4 for property tax purposes. (Note: Class 4 is mostly comprised of rental properties and carries a lower assessment ratio than commercial/industrial property.) Sponsor: Rep. Nelson. ARS Titles 36, 42.

1/28 Referred to House Ways & Means Committee

2/12 Passed House Ways & Means Committee; ready for House Rules Committee

HB 2465: PROPERTY TAX; VALUATION; MULTIPLE USE; INCOME APPROACH

Owners of property classified as multiple use class 1 (commercial) and class 3 (residential) property may elect to have the valuation of the property determined by the income approach to value. Sponsor: Rep. Nelson. ARS Title 42.

3/18 PASSED HOUSE 57-0

3/19 Referred to Senate Rules Committee only

HB 2466: CRITICAL INFRASTRUCTURE INFORMATION; DISCLOSURE

Critical infrastructure information provided to local governments is exempt from public disclosure. Previously, only information provided to DPS was exempt. Sponsor: Rep. Nelson. ARS Title 41. AS SIGNED BY GOVERNOR.

4/22 SIGNED BY GOVERNOR

Chapter No. 68, 2008 Laws

HB 2483: IGNITION STRENGTH OF CIGARETTES; REGULATION

Cigarettes may not be sold in, or to persons located in, the state unless they have been tested and meet specified performance standards regarding propensity to start accidental fires. The manufacturer must also file a written certification with the state fire marshal and pay a fee of $250 per "brand family" of cigarettes for every certification period of three years. Labeling requirements are also specified. Establishes civil penalties for violations of these regulations. Requires the fire marshal to implement these regulations pursuant to the implementation and substance of the New York Fire Safety Standards for Cigarettes and to review the effectiveness of these regulations and report to the Legislature every three years. The Legislature finds that, because these safety standards are of statewide concern, the statute preempts regulation by any political subdivision of the state. Effective August 1, 2009. Repealed if a federal reduced cigarette ignition propensity standard is enacted. Due to the increase in state revenue, this bill requires a 2/3 majority for passage (per Prop. 108). Sponsors: Rep. McComish & 7. ARS Title 41. AS SIGNED BY GOVERNOR.

5/6 SIGNED BY GOVERNOR

Chapter No. 159, 2008 Laws

HB 2571: LOW INCOME HOUSING; PROPERTY TAX

If specifically requested by the owner of low income multifamily residential housing, the county assessor must value the property using the income approach using the actual income and expense data provided in a timely fashion by the owner and a capitalization rate of 12.5% plus the effective tax rate. Sponsors: Rep. Driggs & 5. ARS Title 42. AS PASSED HOUSE.

3/26 PASSED HOUSE 59-1

3/31 Referred to Senate Finance Committee

4/10 Passed Senate Finance Committee with amendment #5184; ready for Senate Rules Committee

HB 2585: GENERAL OBLIGATION BOND REQUIREMENTS

Various changes in the public notice required when a political subdivision intends to issue bonds. Information contained in the publicity pamphlet prepared for the bond election is changed to include an estimated tax impact of debt service on a representative parcel of Class 1 (commercial) and Class 3 (owner-occupied residence) property must be based on projections assuming an annual appreciation of property value equal to 50% of the estimated annual increase in secondary value of the property (formerly, the tax impact calculation was made assuming a constant assessed value). The pamphlet must also include notification if the proposed bond will, when combined with the jurisdiction's current outstanding debt exceed the entity's constitutional debt limit if all such debt were to be issued at the same time. Issuing bonds to refinance debt that has already been approved by voters will need to be re-approved by voters if the average maturity of the re-funding bonds is less than 75% of the weighted average maturity of the bonds being re-funded. (Formerly, re-funding bonds were exempt from the requirement of being submitted to voters.) Sponsors: Rep. Yarbrough & 1. ARS Title 35. AS PASSED HOUSE.

5/20 VETOED BY GOVERNOR

HB 2586: SPECIAL DISTRICTS: SECONDARY LEVY LIMITS

Aggregate maximums for the secondary property tax levy of certain special districts (including, fire district, flood control district and jail district) are established for tax year 2008 and each year thereafter, using a formula based on the previous year’s levy amount. Districts may ask the voters to authorize a secondary property tax levy that exceeds the aggregate maximum, subject to specified limitations. The Property Tax Oversight Commission is required to review the secondary property tax levy of certain special taxing districts to determine violations of levy limits. Districts may appeal the Commission’s finding. Sponsors: Rep. Yarbrough & 1. ARS Titles 42, 48.

3/18 FAILED to pass House 23-36; House voted to reconsider 3/18 failure to pass bill; 2 nd vote scheduled for 3/20

3/20 FAILED to pass House on reconsideration 22-34

HB 2613: RENEWABLE ENERGY ENTERPRISE ZONE (I)

Electric generating facilities that produce a minimum o two megawatts of electricity using "renewable energy equipment" and that meet other stated requirements may be certified as a renewable energy enterprise zone and be eligible for property tax incentives, including a classification as Class 6 property. (Note: Class 6 property has an assessed valuation of 5%.) Sponsors: Rep. Mason & 5; Sen. Miranda & 1. ARS Titles 41, 42.

1/31 Referred to House Water & Agriculture, Ways & Means Committees

2/7 Passed House Water & Agriculture Committee with amendment #4074

2/26 Passed House Ways & Means Committee with amendment #4311; ready for House Rules Committee

HB 2640: PUBLIC OFFICERS; FINANCIAL DISCLOSURE

The list of persons considered a "public officer" for purposes of statutes relating to standards for financial disclosure is expanded to include an appointee to any state board or commission. Sponsors: Rep. Murphy & 5. ARS Title 38.

3/26 PASSED HOUSE 59-0

3/31 Referred to Senate Government Committee

4/7 FAILED to pass Senate Government Committee 0-7

HB 2652: HOMELAND SECURITY COUNCIL; COORDINATING; ADVISORY

Various changes in the public notice required when a political subdivision intends to issue bonds. Information contained in the publicity pamphlet prepared for the bond election is changed to include an estimated tax impact of debt service on a representative parcel of Class 1 (commercial) and Class 3 (owner-occupied residence) property must be based on projections assuming an annual appreciation of property value equal to 50% of the estimated annual increase in secondary value of the property (formerly, the tax impact calculation was made assuming a constant assessed value). The pamphlet must also include notification if the proposed bond will, when combined with the jurisdiction's current outstanding debt, exceed the entity's constitutional debt limit if all such debt were to be issued at the same time. Issuing bonds to re-finance debt that has already been approved by voters will need to be re-approved by voters if the average maturity of the re-funding bonds is less than 75% of the weighted average maturity of the bonds being re-funded. (Formerly, re-funding bonds were exempt from the requirement of being submitted to voters.) Sponsor: Rep. Brown. ARS Title 41. AS PASSED HOUSE.

3/26 PASSED HOUSE 57-0

3/31 Referred to Senate Government Committee

4/8 Passed Senate Government Committee

4/17 Passed Senate Rules Committee; ready for Senate Committee of the Whole

HB 2721: AMATEUR RADIO; STRUCTURES; ACCOMMODATION

Requires legislative bodies of any municipality, county and HOA to provide for reasonable heights and dimensions for accommodating amateur radio station emergency service communications antennae and structures when regulating the size of buildings and structures. Sponsors: Rep. McLain & 22. ARS Titles 9, 11, 33.

3/3 PASSED HOUSE 55-4

3/10 Referred to Senate Government Committee

HB 2723: COMMUNITY FACILITIES DISTRICTS; COUNTIES; LIMITED AREAS

Establishes “community formed districts” that may be formed in a “community” (defined) located within 10 miles of the boundary of a national park or monument that have a population of 350,000 or more. Community formed districts have all the powers of a special taxing district except for the power to levy property taxes or special assessments, and instead have the power to levy an excise tax of up to 5%. Sponsors: Rep. Tobin & 1; Sen. O’Halleran. ARS Title 48. AS PASSED HOUSE.

3/27 PASSED HOUSE 35-21

3/31 Referred to Senate Finance Committee

4/8 Passed Senate Government Committee with amendment #5129

5/6 Passed Senate Rules Committee with a technical amendment; ready for Senate Committee of the Whole

HB 2745: EMPLOYER SANCTIONS AMENDMENTS

Restricts application of employer sanctions statutes to employees hired after December 31, 2007. Clarifies that when an employer hires an independent contractor, it is the contractor that is liable under the employer sanctions law and not the person or entity that hires the contractor. Criteria are prescribed to determine independent contractor status. However, an employer violates the law if the employer hires a contractor or subcontractor who is an alien and whom the employer knows to be an illegal alien. The definition of the crimes of taking or trafficking in the identity of another person is expanded to include instances when the taking or trafficking is used with the intent to obtain or continue employment. A complaint alleging violation of the law does not need to carry the complainant's social security number or be notarized. Complaints submitted on a prescribed form must be investigated. Complaints not submitted on the prescribed form may be investigated. Complaints must be submitted in the county in which the alleged violation occurred. If an investigation results in a suspension of business licenses, only the licenses specific to the business location where the violation occurred are suspended (language requiring suspension of all licenses necessary to carry on business at that location is deleted). Adds provision that employers are considered to have complied with requirements of the law if there are "good faith" attempts to comply, despite "isolated, sporadic or accidental technical or procedural failure to meet the requirements." Employers must participate in the E-verify program to be eligible for economic development incentives from government entities. Establishes a voluntary employer enhanced compliance program. Adds requirements that employers must comply with all laws regarding income tax withholding, payment of unemployment insurance and workers' comp premiums. Adds prohibition against any state or local government agency from granting a license to a person who is not legally present in this country. Government entities cannot award public contracts to any contractor or subcontractor that fails to participate in E-verify and comply with federal immigration laws. Severability clause. Effective May 1, 2008. Sponsors: Rep. Pearce & 22; Sen. Blendu & 6. ARS Titles 13, 23, 41. AS SIGNED BY GOVERNOR.

5/1 SIGNED BY GOVERNOR

Chapter No. 152, 2008 Laws

HB 2766: OMNIBUS ENERGY ACT OF 2008

Fifty pages of changes to statutes related to energy use, including a requirement that beginning January 1, 2009, counties and municipalities must annually report to the Energy Office of the Department of Commerce on the total number of building permits issued in the previous year and the percentage that were issued for energy efficient buildings. Engine idling restrictions are rewritten and extended to be applicable statewide (formerly only Maricopa metro area). The State Board of Education must adopt rules governing a procurement program for energy performance contracts and renewable energy power purchase contracts. School districts are permitted to retain savings generated from energy cost savings contracts and may use those savings to pay for project implementation. Further, schools (districts and charters) are permitted to accept monies from companies that provide utility services and deposit the funds in an energy and water savings account that will be used to fund capital projects. Schools and utility providers must agree on a schedule to repay the capital investment monies. Electric generators must adopt a standard that requires them to use renewable sources for a minimum of 15% off their total energy generation by 2025. Energy performance goals for state buildings are rewritten to require all state buildings constructed after July 1, 2009, to conform to stipulated green building standards. Prescribes voluntary statewide energy efficiency standards for all new buildings. For property tax valuation purposes, the addition of energy efficient building components (defined) is deemed to not add any value to buildings. More. Sponsors: Rep. Mason & 12; Sen. Aguirre & 3. ARS Titles 9, 11, 15, 34, 41, 42, 44, 49. AS PASSED HOUSE.

3/27 PASSED HOUSE 43-13

3/31 Referred to Senate Natural Resources & Rural Affairs Committee

4/10 Passed Senate Natural Resources & Rural Affairs Committee with amendment #5189

5/20 Passed Senate Rules Committee with a technical amendment; ready for Senate Committee of the Whole

HB 2828: WORKERS’ COMPENSATION; CLAIMS

Several changes to statutes related to workers' compensation claims, including prohibiting a claim from being reopened if the initial claim was denied, the determination was allowed to become final, and no exception applies excusing a late filing. Requires claims for temporary partial disability benefits to be filed within 2 years of either the date the claimed entitlement accrued or the date an award for benefits encompassing the entitlement period became final. An intent section states the purpose of this legislation is “to only directly overrule the court decision in Gerhardt v. Industrial Commission of Arizona” and is not intended to overrule any other court decision. Sponsor: Rep. McComish. ARS Title 23. AS SIGNED BY GOVERNOR.

5/7 SIGNED BY GOVERNOR

Chapter No. 169, 2008 Laws

HB 2829: WORKERS’ COMPENSATION; EMPLOYEE MISCONDUCT

A person receiving workers' compensation benefits for partial disability and for whom employment would have been available but for the person's "misconduct" (defined) will have the amount of benefits reduced. Similarly, if the person is found to be unable to return to or continue to work after the injury due to misconduct, the person's benefits may be reduced. Misconduct is defined to include: repeated absence from work without good cause, intoxication, failure to take or failure to pass a drug or alcohol test, dishonesty or material falsification. Sponsor: Rep. McComish. ARS Title 23.

4/1 PASSED HOUSE 35-22

4/1 Referred to Senate Commerce & Economic Development Committee

4/9 FAILED to pass Senate Commerce & Economic Development Committee

HB 2840: HEALTH CARE; HIGH RISK PROGRAM

Beginning in 2010, a Healthcare Group High Risk Program is established in AHCCCS for individuals who are members of Healthcare Group or who provide evidence of a health insurer refusing to issue him/her health insurance for health reasons. The Program replaces Healthcare Group coverage. The Program is administered by a Board of Directors. Insurers must cover individuals in the Program at a premium rate between 150% and 200% of the standard rate. Insurers may receive reimbursements or partial reimbursements from the Board for claims from Program participants. The Program is funded by premiums collected and by the annual increase in net health insurance premium tax collected in Arizona. Contains various effective dates. Sponsors: Rep. Adams & 3. ARS Titles 20, 36, 43.

2/14 Referred to House Government Committee

3/5 Passed House Government Committee with amendment #4501; ready for House Rules Committee

HB 2845: UNIFORM ARBITRATION ACT

Statutes relating to court arbitration are repealed and rewritten. Impossible to determine new provisions without a line-by-line comparison. Effective January 1, 2009. Sponsors: Rep. Driggs & 2. ARS Titles 10, 12, 41. AS PASSED HOUSE.

3/11 PASSED HOUSE 55-4

3/17 Referred to Senate Judiciary Committee

HCR 2002: PROPERTY TAX EXEMPTION; DISABLED VETERANS

The 2008 general election ballot is to carry the question of whether to amend Article IX of the state's constitution to replace the current property tax exemption granted to WWI veterans who are primary residents of the state and who were honorably discharged from the armed forces with an exemption granted to any disabled veteran or unmarried surviving spouse of a deceased disabled veteran. The property is exempt from taxation if it has an assessed valuation of not more than $100,000 or if it's assessed valuation exceeds $100,000 but is less than $150,000 and the annual household income is less than $40,000. Sponsors: Rep. Anderson & 1. ARS Title 98.

1/14 Referred to House Ways & Means Committee

2/18 Passed House Ways & Means Committee with amendment #4169

 

HCR 2038: STATE APPROPRIATION LIMIT; REDUCTION

The 2008 general election ballot is to carry the question of whether to amend the state Constitution to reduce the total amount of state appropriations to 6.4% of the state's total personal income. Previously, the appropriation limit was 7%. No adjustment shall be made to the appropriations limit in order to account for a transfer of government functions. Effective for fiscal years beginning on and after July 1, 2009. Sponsors: Rep. Pearce & 12: Sen. Burns & 4. ARS Title 98.

2/6 Referred to House Appropriations Committee

2/13 Passed House Appropriations Committee; ready for House Rules Committee

HCR 2039: ILLEGAL ALIENS; ENFORCEMENT & TRESPASSING

The 2008 general election ballot is to carry the question of whether to amend statutes to require that all governmental units in the state must assist in the enforcement of federal immigration laws. Further, anyone illegally present in this county is guilty of trespass, with a first time punishment of being transferred to federal authorities. A second offense is a class 4 felony punishable by a presumptive prison sentence of 2.5 years. Severability clause. Sponsors: Rep. Pearce & 12; Sen. Burns & 3. ARS Title 97.

2/21 Referred to House Government Committee

3/5 Passed House Government Committee

3/18 Passed House Rules Committee with a technical amendment

4/8 Passed House Committee of the Whole with floor amendment #5142, a substitute for the Rules technical amendment

HCR 2040: SPENDING ACCOUNTABILITY & TRANSPARENCY ACT

The 2008 general election ballot is to carry the question of whether to amend the state Constitution to require the state's annual budget to be balanced, that annual expenditures not exceed annual revenues, that there must a year-end cash balance of at least 1% of the general fund balance, and that state obligations do not exceed ongoing or permanent state revenue. Beginning on January 1, 2010, the state treasurer and each county treasurer must establish a website containing a searchable database of revenues and expenditures. Sponsors: Rep. Pearce & 17; Sen. Burns & 3. ARS Title 98.

2/6 Referred to House Appropriations Committee

2/20 Passed House Appropriations Committee with amendment #4239; ready for House Rules Committee

HCR 2054: STATE EMPLOYEE; PERSONNEL RECORDS

The 2008 general election ballot is to carry the question of whether to amend statutes to state that the personnel records of an elected state official or a state employee are public records unless specifically protected from disclosure by law. Sponsor: Rep. Paton. ARS Title 97.

1/28 Referred to House Government Committee

2/27 Passed House Government Committee with amendment #4343; ready for House Rules Committee

SB 1002: PROPERTY TAX; EQUALIZATION TAX REPEAL

Makes permanent the three-year suspension of the state equalization property tax. (Note: the suspension is due to expire in 2009. This tax is also called the county equalization assistance for education property tax.) Sponsors: Sen. Waring & 5; Rep. Barnes & 10. ARS Titles 15, 37, 41, 42, 48.

1/14 Referred to Senate Finance Committee

1/17 Passed Senate Finance Committee with amendment #4005

1/29 Passed Senate Rules Committee

1/31 Passed Senate Committee of the Whole with amendment #4005

4/8 See HB 2220

SB 1004: EXTREME DUI; JAIL

Parts of last year's SB1252 (Laws 2007, Chapter 195, sec 3) dealing with extreme DUI are repealed and replaced with language specifying that for a first offense DUI with a BAC of at least 0.15, a judge may order the defendant to not consume alcohol for a period of at least 30 days. For a second extreme DUI offense within 84 months, a judge may order a defendant to not consume alcohol for a period of 90 days. The court may extend the period of enforced abstinence from alcohol. In both instances, judicial discretion to suspend a portion of jail time associated with the offense is deleted. (Note: Last year's law permitted a sentence of 90-day enforced abstinence as a court-ordered option only for a first offense extreme DUI with BAC of 0.20 or more.) Emergency clause. Sponsor: Sen. Waring. ARS Title 28. AS PASSED SENATE.

2/11 PASSED SENATE 21-5

3/20 Referred to House Government, Commerce Committees

3/24 Referred additionally to House Transportation Committee

SB 1008: DRIVER’S LICENSE SUSPENSION; TRAFFIC ACCIDENTS

If a person who is involved in a motor vehicle accident that involves death or serious physical injury submits to a test of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content, a law enforcement officer shall forward a certified report to the Department of Motor Vehicles. If the results of the test are not immediately available or if they indicate that the person has a 0.08 or more alcohol concentration or 0.04 or more alcohol concentration if the person was operating a commercial vehicle, the officer shall serve an order of suspension on the person on behalf of the Department. The order of suspension shall be effective immediately and require the person to immediately surrender any license or permit to drive issued by this state. The department shall suspend the person’s license or permit to drive or right to apply for a license or permit or any nonresident operating privilege pending the results of any chemical test or for not less than 90 days if the results of the test indicate 0.08 or more alcohol concentration, 0.04 or more alcohol concentration if the person was operating a commercial vehicle or the presence of any drug defined in section 13-3401 or its metabolite. If a nonresident’s privilege to operate a motor vehicle in this state has been suspended under this section, the Department shall give written information of the action taken to the motor vehicle administrator of the state of the person’s residence and of any state in which the person has a license. Sponsor: Sen. Waring. ARS Title 28.

1/14 Referred to Senate Transportation, Public Safety & Human Services Committees

2/18 Passed Senate Public Safety & Human Services Committee with amendment #4160

2/26 FAILED to pass Senate Transportation Committee 1-3

SB 1020: VLT EXEMPTION; SENIORS; INCOME-BASED

Persons 65 or older who are eligible for property tax protection based on their income are also eligible for an exemption from vehicle license tax for one vehicle (but not a motor home). Sponsor: Sen. Tibshraeny. ARS Title 28.

2/6 FAILED to pass Senate 4-4

SB 1028: STRIKER: LOAN ORIGINATOR LICENSING

Adds an article regulating loan originators (defined) to the chapter related to mortgage bankers and mortgage brokers. Applicants for a loan originator license must: pay a license fee (established by the Department of Financial Institutions); complete a course of study approved by the department (requirement waived if applicant has at least three years’ experience as a loan originator); and pass an exam. License is valid for one year; applications for renewal must include certificate of completion for six units of continuing education. Other provisions include: requirement that mortgage brokers or mortgage bankers must supervise loan originators in their employ and a prohibition against loan originators making false promises, misrepresentations, or concealing material facts in the course of business. Also requires applicants for renewal of a mortgage broker or mortgage banker license to complete 12 continuing education units. Sponsor: Sen. Tibshraeny. ARS Title 26. AS PASSED SENATE.

2/25 PASSED SENATE 25-4

4/3 PASSED HOUSE 48-4

6/25 PASSED SENATE 20-6

READY FOR GOVERNOR

 

SB 1030: RETIREMENT; PSPRS; FIREFIGHTERS

A full-time, paid firefighter employed by a corporation under contract with a Public Safety Personnel Retirement System (PSPRS) employer may join the PSPRS if the employer elects to treat all or part of the person's tenure as qualified service under the system. The employer must execute a joinder agreement with the PSPRS. An employee may pay the retirement system to have the person's prior service included in retirement benefit calculations. Sponsor: Sen. Tibshraeny. ARS Title 38. AS SIGNED BY GOVERNOR.

5/20 SIGNED BY GOVERNOR

Chapter No. 227, 2008 Laws

SB 1033: DUI; COMMUNITY RESTITUTION; DRIVER LICENSE

A person whose driver license was revoked for a second DUI within 84 months and who was ordered to perform community restitution must provide proof from the court that community restitution was completed in order to receive a new driver license. If a person fails to complete restitution, the court may order alternative sanctions, and the person shall not be issued a new driver license until the person provides proof that the alternative sanctions have been completed. Sponsor: Sen. Waring. ARS Title 28. AS PASSED SENATE.

3/12 PASSED SENATE 27-0

3/20 Referred to House Government, Commerce Committees

3/24 Referred additionally to House Transportation Committee

SB 1080: OPERATING UNDER THE INFLUENCE; WATERCRAFT

Makes numerous changes to statutes regarding operating a watercraft while intoxicated, including establishing sentences of incarceration for convicted persons; making a convicted person ineligible for work/school release or home detention; eliminating the civil penalty for refusing to submit to blood alcohol testing; and increasing additional assessments for convictions of operating a watercraft while intoxicated. The time period within which a second or subsequent offense may trigger enhanced punishment is lengthened to 84 months from 60 months. Sponsors: Sen. Linda Gray & 3; Rep. Groe & 2. ARS Titles 5, 28. AS PASSED SENATE.

3/20 PASSED SENATE 24-4

3/25 Referred to House Government, Commerce, Transportation Committees

SB 1121: EMERGENCY RESPONSE COMMISSION; CONTINUATION

The statutory life of the Arizona Emergency Response Commission is extended for 10 years until July 1, 2018. A purpose section states that the Commission is to supervise, coordinate, and assist local emergency planning committees as required by the federal Emergency Planning and Community Right-to-Know Act of 1986. Effective July 1, 2008. Sponsor: Sen. Harper. ARS Title 41. AS SIGNED BY GOVERNOR.

5/1 SIGNED BY GOVERNOR

Chapter No. 156, 2008 Laws

 

SB 1149: EMERGENCY MEDICAL SERVICES

The Department of Health Services (DHS) may authorize persons and organizations to use state Trauma Registry Data to study for specified purposes. A person who discloses confidential information from the Trauma Registry is guilty of a class 3 misdemeanor (lowest). Adds 3 members to the Trauma Advisory Board. DHS may coordinate trauma triage education and training in any county with a population of less than 500,000 or in a city with a population of less than 100,000 and research of outcomes by a consortium of trauma centers. Appropriates $250,000 from the Emergency Medical Services Operating Fund in fiscal year 2008-2009 to DHS for coordinating trauma triage education, training and research. Sponsors: Sen. O’Halleran & 1; Rep. Mason. ARS Title 36.

1/24 Referred to Senate Health, Appropriations Committees

2/4 Passed Senate Health Committee; ready for Senate Rules Committee

SB 1211: STRIKER: ELECTIONS; PRECINCT COMMITTEEMEN; ELECTION WORKERS

This strike-everything amendment to SB 1211 makes conforming changes by: 1) Correcting an inaccurate reference to the date of primary elections; and 2) Changing a consolidated election date to match the primary election date. The bill also allows any state employee to be a candidate for and to hold the office of precinct committeeman. Makes technical changes. Sponsors: Sen. Johnson & 1. ARS Titles 1, 41.

3/10 PASSED SENATE 26-0

4/22 PASSED HOUSE 56-0; READY FOR SENATE ACTION ON HOUSE AMENDMENTS

SB 1237: COUNTY DEVELOPMENT FEES; SCHOOLS

Counties are prohibited from collecting development fees from a school district or charter school other than fees for streets and utility functions. Fees for streets shall be limited to new street improvements that improve access and service to the school. Sponsor: Sen. Waring. ARS Title 11. AS PASSED SENATE.

3/18 PASSED SENATE 23-6

3/25 Referred to House Counties, Municipalities & Military Affairs Committee

4/9 Passed House Counties, Municipalities & Military Affairs Committee with amendment #5147; ready for House Rules Committee

SB 1238: COUNTIES; OPEN FIRES, ENFORCEMENT

The power of county boards of supervisors to regulate open fires and campfires is expanded to any unincorporated land within the county when a determination of emergency is issued and the board deems regulation to be necessary to protect public health and safety. Previously, supervisors could regulate fires only in private property islands within national forests or on BLM or state land within the county. Emergency clause. Sponsor: Sen. Flake. ARS Title 11. AS PASSED HOUSE.

6/19 SIGNED BY GOVERNOR

Chapter No. 275, 2008 Laws

SB 1256: SPECIAL DISTRICTS; SECONDARY LEVY LIMITS

Limits the annual increase in the maximum secondary tax levy permissible to certain special districts (including fire district, county TV district, flood control district, jail district, etc.). The list of duties of the Property Tax Oversight Commission is expanded to include reviewing the secondary property tax levies of these special districts to ensure compliance. Sponsors: Sen. Burns & 2. ARS Titles 42, 48.

1/31 Referred to Senate Finance Committee

2/7 Passed Senate Finance Committee with amendment #4072

2/12 Passed Senate Rules Committee

3/11 Passed Senate Committee of the Whole with floor amendment #4613, a substitute for amendment #4072

SB 1265: STRIKER: LAW ENFORCEMENT OFFICERS; DISCIPLINARY INTERVIEWS

Changes in statutes related to appeals by law enforcement or probation officers of a disciplinary action. The right of the officer to demand and receive one change in administrative law judge or hearing officer is extended to cases where hearing is before the state personnel board or where the law enforcement or probation officer is employed by a county with a population greater than 250,000 or a city with a population greater than 65,000. Additional requests for a change in hearing officer may be granted only on a showing that a fair and impartial hearing cannot be obtained. Sponsor: Sen. Johnson. ARS Title 38. AS PASSED HOUSE.

3/10 PASSED SENATE 22-4

5/28 PASSED HOUSE 59-0

6/11 Senate refused to concur in House amendments and named Sens. Johnson, Aboud and Waring to a FREE Conference Committee

6/16 House named Reps. Farnsworth, Gallardo, and Pearce to the FREE Conference Committee

SB 1290: RETIREMENT; ASRS; BENEFITS; REFUNDS

Changes the manner in which average monthly compensation may be calculated (at the member's election) for purposes of the Arizona State Retirement System. For a member whose membership began on or after July 1, 2009, the member's normal retirement date is the first day that the sum of the member's age and years of total credited service equals 85 (formerly 80). Changes the manner in which a return of contributions may be calculated for a member whose employment began on or after July 1, 2009 and who leaves employment other than by retirement or death, and requires interest to be paid on the amount of contributions returned for all members. Requires ASRS to recover monies overpaid to a member due to an error in the records by reducing any benefit otherwise payable by ASRS or the Long-term Disability Program to an active, inactive, disabled or retired member or his/her alternate payee. Sponsor: Sen. Gorman. ARS Title 38.

3/13 PASSED SENATE 16-12

3/25 Referred to House Public Institutions & Retirement Committee

3/31 FAILED to pass House Public Institutions & Retirement Committee

 

SB 1331: COMMUNITY FACILITIES DISTRICTS; COUNTIES; LIMITED AREAS

A community facilities district may be formed by a county with a population of less than (blank in original) if the population within the area of the proposed district is less than $1,500 if at least 25% of the property owners in the proposed district sign a petition and shall have the power to enact and levy an excise tax. Sponsors: Sen. O’Halleran; Rep. Mason & 1. ARS Title 48.

2/4 Referred to Senate Government Committee

2/27 Passed Senate Government Committee with amendment #4319; ready for Senate Rules Committee

SB 1338: STATE FORESTER; WILDFIRE SUPPRESSION FUNDING

Two pools of money totaling $3 million, formerly available to the state forester for wildland fire suppression and for pre-positioning equipment and other preparations associated with extreme fire danger, are combined into one pool of $3 million. Sponsors: Sen. Flake & 1. ARS Title 37. AS SIGNED BY GOVERNOR.

4/29 SIGNED BY GOVERNOR

Chapter No. 129, 2008 Laws

SB 1341: SCHOOLS; EMPLOYEE CODE OF CONDUCT

Within 90 days of the effective date of this act, the Board of Education (BoE) must recommend to every school governing board (district and charter) a code of conduct for school employees, both certificated and non-certificated. At minimum, the policy must describe conduct deemed unprofessional and immoral. Districts and charters may adopt the recommended policy or amend it to fit its individual needs. Copies of the policy must be posted to the district's website or distributed in hard copy to each employee. Prospective employees must acknowledge in writing receiving the website address or the hard copy of the policy. If a district does not adopt a code of conduct, it is not thereby liable to civil suit. Sponsors: Sen. Linda Gray & 2; Rep. Clark. ARS Title 15. AS PASSED CONFERENCE COMMITTEE.

6/6 VETOED BY GOVERNOR

SB 1360: GOVERNMENT PROPERTY TAX LEASE REFORM

Makes several changes to statutes relating to government property lease excise tax, including adding to the definition of "government lessor," adding a provision regarding improvements on government leased property and changing the rate of the tax. Much more. Effective January 1, 2009. Sponsors: Sen. Cheuvront & 6. ARS Title 42.

2/4 Referred to Senate Finance Committee

2/14 Passed Senate Finance Committee with amendment #4142

3/11 Passed Senate Rules Committee; ready for Senate Committee of the Whole

SB 1389: HEALTHCARE GROUP; HEALTH PLANS; INFORMATION

Makes numerous changes to statutes related to Healthcare Group, including: increasing the minimum number of employees an employer must have to participate to 2 employees from 1 employee; elimination of the waiting period for group enrollment; allowing AHCCCS to contract directly with health care providers in counties with a population of less than 500,000; requiring Healthcare Group premiums to cover projected medical and administrative costs for each contract period, based on an analysis by an independent actuary; and allowing AHCCCS to consider health status-related factors when establishing Healthcare Group premiums. Also establishes a temporary employer group enrollment limit of a 10% enrollment increase from August 1, 2008 to June 30, 2009. Sponsors: Sen. Cheuvront & 1. ARS Title 36. AS PASSED SENATE.

3/18 PASSED SENATE 21-9

3/25 Referred to House Government Committee

SB 1406: MUNICIPAL DEVELOPMENT FEES; PROCEDURES

Effective January 1, 2009, municipal development fee ordinances must provide that a new development fee or increased development fee is not assessed against a development for 24 months after the municipality gives final approval (defined) as long as no "material changes" are made to the site plan or subdivision plat. Municipal development fees must be assessed for the benefit of the same area within which the fee was assessed. Counties are prohibited from assessing development fees from a school district or charter school, other than fees assessed for streets, water, and sewer utility functions. Sponsor: Sen. Bee. ARS Title 9. AS PASSED HOUSE.

3/20 PASSED SENATE 25-3

5/28 PASSED HOUSE 36-23

6/26 PASSED SENATE 23-2

READY FOR GOVERNOR

SB 1456: PUBLIC RECORDS; STORAGE

Public records kept exclusively on photography, film, microfiche, digital imaging, or other types of reproductions or electronic media are exempt from the requirement that they be maintained on standard-sized documents. They must also be protected from loss or destruction in the same manner as other public records. If public records are digitized or microfilmed, the source documents may be destroyed but only after an administrative audit and implementation of safeguards to protect the public records. Sponsors: Sen. Gould; Rep. Groe. ARS Titles 39, 41. AS SIGNED BY GOVERNOR.

4/22 SIGNED BY GOVERNOR

Chapter No. 75, 2008 Laws

SB 1499: STATE EMPLOYEE HEALTH BENEFITS; DEPENDENTS

Adds a definition of "dependent" in statutes governing health insurance for active and retired state employees. Definition includes persons under 19 who are: a natural child (up to age 25 if a full-time student); a foster child or child placed in the home by a court pending adoption; a child for whom the employee has court-ordered guardianship; or a child older than 19 who was disabled before turning 19. Sponsors: Sen. Gorman & 4; Rep. Adams & 7. ARS Title 38.

3/18 FAILED to pass Senate 14-16

3/19 Senate voted to reconsider 3/18 failure to pass bill; date of 2 nd vote to be scheduled by the President

 

SCR 1008: TAX EXPENDITURES; SUPERMAJORITY ENACTMENT

The 2008 general election ballot is to carry the question of whether to amend the state Constitution to require a 2/3 majority vote in the Legislature to enact any bill that either increases or decreases state revenue. Previously, only measures that increased state revenue were required by Prop. 108 to be passed with a 2/3 majority in each house. "Tax expenditure" is defined as any tax provision that exempts any person, good, service, or income from existing taxes. Sponsor: Sen. Garcia. ARS Title 98.

1/24 Referred to Senate Finance Committee

2/6 FAILED to Passed Senate Finance Committee 1-5

SCR 1012: SECURE AND VERIFIABLE IDENTIFICATION

The 2008 general election ballot is to carry the question of whether to amend statutes to require political subdivisions of this state to accept only verifiable (defined) identification documents and prohibit disbursement of public services unless the recipient produces identification that is issued by a political subdivision of this state, a federally recognized Indian tribe or a state or federal authority and that is verifiable (defined) by a law enforcement or Homeland Security agency. A legislative history section states that the purpose of the referendum is to give the qualified electors the opportunity to override the governor's 2005 veto of SB1511. Sponsors: Sen. Harper; Rep. Burges.

1/24 Referred to Senate Public Safety & Human Services Committee

2/11 Passed Senate Public Safety & Human Services Committee with amendment #4090; ready for Senate Rules Committee

SCR 1036: PROTECT ARIZONA EMPLOYEES’ PAYCHECKS

Deductions from an employee's paycheck for political purposes (defined) are prohibited unless the employee gives annual written authorization. If a deduction is made for multiple purposes, the employer must obtain a statement from the entity to which the deductions are paid to indicate whether any part of the deduction is for political purposes. A violation by an employer is punishable with a civil penalty of a minimum of $10,000 per violations. Severability clause. Sponsors: Sen. Gorman & 4; Rep. Barto & 4. ARS Title 97.

2/12 Referred to Senate Commerce & Economic Development Committee

2/28 Passed Senate Commerce Committee with amendment #4368; ready for Senate Rules Committee