Most laws become effective 90 days after the Legislature adjourns. This year that date is Sept. 19.
The following is a list and summary of bills passed by the 48th Legislature in the First Regular Session and signed by the governor or passed into law without signature. The list begins with the chapter number, chamber and then bill number and the bill’s short title.
Appropriations, tax and fee increases and bills with emergency clauses are exempt from the 90-day wait and become effective immediately after being signed or filed. Those are not listed here.
CH 2 H 2043 STATE FAIR BOARD; CONTINUATION
Statutory life of the Exposition and State Fair Board is extended 10 years to June 30, 2017. A legislative intent section says the board’s duties are to maintain the fairgrounds and coliseum; to conduct the state fair and other exhibits, contests and entertainment to advance the interests of the state; and to generate funds to defray operating expenses of the fairgrounds and coliseum. Retroactive to July 1, 2007.
CH 3 H 2085 PUBLIC SERVICE CORPORATION; SURETY; FUND
Public service corporations (utilities) subject to an order of the Corporation Commission and required to issue a performance bond or other surety shall forfeit the surety if found to be in violation of the order. The commission shall deposit the amount of the surety in a Utility Surety Fund (established by this bill) and use the funds for the benefit of customers of the utility who incurred loss of service or for deposit support.
CH 4 H 2111 CORPORATION AND LLC OMNIBUS
Various changes to statutes relating to corporations and LLCs, including the Corporation Commission is authorized to accept documents sent via “electronic transmission” in a format prescribed by the Commission; requires articles of merger or consolidation to be combined with amendments to articles of organization of the surviving LLC; LLCs may obtain certificates of good standing from the Corporation Commission and state agencies should verify good standing directly with the Commission and not require LLCs to produce a certificate; all filing fees are nonrefundable; and articles of incorporation or mergers and amendments to articles are published within statutory time frames after Corporation Commission approval instead of after the filing date.
CH 5 H 2116 GAME & FISH; BIG GAME PERMITS; GRANDCHILDREN
The list of persons who may transfer a big game permit is expanded to include grandparents who may transfer a permit to a minor grandchild. The minor must be accompanied in the field by the transferring grandparent or the minor’s parent or guardian.
CH 6 H 2041 CHARTER SCHOOLS; FINGERPRINTING; CIVIL PENALTY
The sponsor of a charter school may impose a civil penalty of $1,000 per occurrence if a charter school fails to comply with requirement that personnel have valid fingerprint clearance cards on file. An exemption is provided for a first occurrence if the charter provides written proof within 48 hours of notification that DPS has received a fingerprint clearance card. This fine is in addition to penalties imposed as a result of the school being in violation of state law. When assessed, fines are collected by the Dept of Education by withholding the amount from state aid that would otherwise be distributed to the school. Funds withheld revert to the state general fund at the end of the fiscal year.
CH 7 H 2079 INCOME TAX CREDIT REVIEW SCHEDULE
Most of the income tax credits reviewed by the Joint Legislative Income Tax Credit Review Committee in 2006 are placed in statute for another review in 2012. Covered are: the family income tax credit, school tuition organizations, public school contributions and the credit (available to individuals and corporations) for donation of a school site. Two tax credits were not included in the list to be reviewed in 2012: a credit for builders who build dwellings with solar hot water stub outs or electric vehicle recharge outlets.
CH 8 H 2091 SPECIAL DISTRICTS; BOUNDARY CHANGES; LOT SPLITS
Boundaries for special taxing districts submitted after Nov 1, 2007, may not result in split parcels.
CH 9 H 2110 REAL ESTATE EDUCATION
Various changes in statutes related to the Arizona Department of Real Estate, including permitting the dept to sponsor seminars and workshops for educators and licensees; prohibiting the dept from engaging in any activity that is performed by a licensee such that it would constitute competition with the private sector; licensure of a real estate school is for a period of four years; and the dept must approve all real estate school education offerings (including prelicensure courses and continuing education courses) whether live or available via distance learning.
CH 10 H 2127 STATE TREASURER; DUTIES
The state treasurer must provide an individual confirmation (formerly “receipt”) for monies deposited into the state treasury, showing the date, amount and depositing agency. Language requiring the state treasurer to number receipts sequentially beginning each fiscal year with the number one is changed to state the office must provide a “unique identifying number” for each deposit confirmation. When paying warrants, the treasurer’s office no longer requires that the person to whom the warrant is paid sign the back of the warrant as a receipt.
CH 11 H 2183 SCHOOL DISTRICTS; ACCOUNTS; DIRECT DEPOSIT
School boards may establish a revolving bank account to make direct payroll deposits for district employees. Interest earned on the account is credited to the district’s maintenance and operation fund.
CH 12 H 2185 WORKER’S COMPENSATION; LUMP SUM PAYMENT
Beginning July 1, 2007, the maximum amount of a lump sum payment of worker’s compensation benefits for permanent total disability or permanent partial disability is increased to $150,000, from $50,000. Retroactive to June 30, 2007.
CH 13 H 2193 PROVISIONAL COMMUNITY COLLEGE DISTRICTS
The automatic repeal of provisions authorizing the establishment of provisional community college districts scheduled for July 1, 2009, is deleted.
CH 14 H 2214 DOMESTIC RELATIONS; SOCIAL SECURITY NUMBERS
Social security numbers are no longer required on verified petitions in marriage dissolutions, legal separations, paternity/maternity proceedings or requests to establish child support. Orders of assignment for child support or spousal maintenance must include the social security number of the obligated person. The parties are required to file the social security numbers of each party and affected children in the record of the proceeding and the court must include that information in the state case registry. Both the parties and the court must comply with the requirements of the Arizona Rules of Family Law relating to sensitive data for social security numbers. In cases of voluntary paternity acknowledgment and petitions to establish child support orders, the filing party is required to redact social security numbers and file them separately.
CH 15 H 2252 STATE PLUMBING CODE; MUNICIPALITIES
Eliminates statutory references to the state plumbing code. The prohibition against municipalities adopting a plumbing code other than the state plumbing code (41-619) is repealed.
CH 16 H 2306 WILD HONEYBEES; PUBLIC NUISANCE
A feral colony of honeybees that is not being actively controlled by a beekeeper and that poses a health or safety hazard to the public is added to the list of public nuisances for which DHS is authorized to issue a cease and desist order.
CH 17 H 2390 WEIGHTS & MEASURES; SEIZED PROPERTY
One hundred eighty days after disposition of an investigation, weights, measures or other devices seized by the Dept of Weights and Measures may either be destroyed by the dept or transferred to the Dept of Administration for sale as surplus state property.
CH 18 H 2765 NATIONAL GUARD; CIVIL LIABILITY; INDEMNITY
Members of the National Guard are afforded t
he same immunity protection granted to public employees and law enforcement personnel for acts that occur within the scope of the guardsman’s duties if those acts are performed as a result of a direct order from a commanding officer or are otherwise consistent with standard procedures and protocols.
CH 19 S 1015 DUI; LAW ENFORCEMENT, EMERGENCY PHYSICIANS
If a law enforcement officer “reasonably believes” a person may have violated DUI laws and was subsequently treated by emergency physicians, the officer may request copies of medical reports containing the person’s blood alcohol level. Physicians must comply with the request.
CH 20 S 1020 CRIMINAL JUSTICE; SENTENCING
If a prisoner commits a felony while in prison, the sentence for the new offense shall run consecutive with the undischarged term imposed for the original offense. Previously, the court had discretion to impose the new sentence consecutive to or concurrent with the undischarged portion of the original sentence.
CH 21 S 1039 CRIMINAL JUSTICE COMMISSION; CONTINUATION
The statutory life of the Arizona Criminal Justice Commission (ACJC) is extended ten years to June 30, 2017. Retroactive to July 1, 2007. A purpose section states the mission of the ACJC is to provide a “cooperative exchange of information and analysis of issues relating to criminal justice and law enforcement” among public and private agencies.
CH 22 S 1041 JUVENILE CORRECTIONS; TEMPORARY RELEASE
The list of powers of the director of the Dept of Juvenile Corrections is expanded to include authorizing an incarcerated youth to be temporarily released from custody for compassionate leave or for treatment, education or rehabilitation. Dept personnel must accompany and maintain custody of the youth while on release.
CH 23 S 1042 SECURITY BREACH; PERSONAL INFORMATION
In the statute (ARS 44-7501) dealing with notification procedures that must be followed in case of a breach of security resulting in potential release of personal identifying information, the law enforcement agencies that are required to establish procedures are specifically identified as the DPS, county sheriff’s and municipal police. Previously, the agencies were identified in a definitions sub-section. No apparent substantive change.
CH 24 S 1043 THEFT; MEANS OF TRANSPORTATION; AFFIDAVIT
A person alleging a theft of a vehicle or other means of transportation must sign an affidavit attesting to the theft. If not reported in person to a law enforcement officer or agency, the person reporting the theft shall mail the affidavit within 7 days of reporting the theft. If the affidavit is not received within 30 days of the report, the incident shall be removed from auto theft databases.
CH 26 S 1056 MARRIAGE LICENSES; LOCAL COURT CLERKS
The list of persons to whom each county’s clerk of the Superior Court may grant authority to issue marriage licenses is expanded to include the court clerk of a city or town.
CH 27 S 1061 AUTOMOBILE THEFT AUTHORITY; CONTINUATION
The statutory life of the Automobile Theft Authority is extended 5 years to June 30, 2012. Retroactive to July 1, 2007.
CH 28 S 1073 DEFERRED ANNUITIES; CASH SURRENDER; PAYMENT
Within 30 days of the date of maturity of a deferred annuity, the insurance company must notify the owner of the annuity of the owner’s rights, which include the right to receive the cash value in a lump sum, if that is a term of the contract. The company must pay the amounts due and elected under the contract within 30 days of the date the amount becomes payable. The current 6 month delay that the company may request from the Dept of Insurance is changed to 180 days; however, the information provided to the dept prior to its granting permission is changed to include the reason why the payment cannot take place within 30 days. Also, the holder of the annuity must be notified within 15 days that the company has requested a delay.
CH 29 S 1076 PEDESTRIAN CONTROL SIGNALS
The statutory list of pedestrian traffic control signals is expanded to include a symbol of a person walking (representing ‘walk’) and an upraised hand (representing ‘don’t walk’).
CH 30 S 1082 PLANNING & ZONING COMMISSIONS; ALTERNATES
Boards of supervisors in counties with fewer than 179,000 population are permitted to appoint alternate members of county planning and zoning commissions to serve in the absence of a regular member. The alternate may be from any supervisorial district. During a meeting convened with an alternative member, if the regular member becomes available, the alternative shall conclude the agenda item and then withdraw so the regular member may be seated for remaining items. Also, in a county with a 5-member board of supervisors, the requirement concerning whether one or both members from a district may reside in a city or town if 60% of the district is incorporated is deleted.
CH 31 S 1083 WASTE TIRE DISPOSAL FEE & FUND
The statutory repeal of the waste tire disposal fee and fund scheduled for Dec 31, 2007, is delayed 10 years until Dec. 31, 2017.
CH 32 S 1161 HOV LANES; MOTORCYCLES; BUSES
The list of vehicles permitted to travel in the HOV lane on freeways is expanded to include motorcycles and public buses regardless of the number of passengers.
CH 33 S 1170 PUBLIC SAFETY EMPLOYEES; DISEASE TESTING
A volunteer in a public safety agency is added to the list of persons who may request a court order to perform a blood test on another person if there are reasonable grounds to believe an exposure to a blood-borne disease occurred.
CH 34 S 1242 DEPARTMENT OF INSURANCE; OMNIBUS
Various changes in insurance statutes, including deleting the requirement that insurance companies reduce premiums to reflect a reduction in losses due to mandatory seat belt use; extending the applicability of some existing regulations to managing general agents, adjusters, rental car agents, risk management consultants, and bail bond agents.
CH 36 S 1296 SERVICING BANKS; NOTIFICATION
The date when the Board of Investment must notify banks qualified to be service banks that they may bid on the contract to be the state-servicing bank is changed to the first Monday in March from the first Monday in April. The notice is changed to public notice instead of individual notice in writing. Authority of the Board to establish the dollar amount of the account maintained at the servicing bank is deleted.
CH 37 S 1554 EQUALIZATION BD; HEARING OFFICER COMPENSATION
Compensation for members of the Board of Equalization is increased to $300 per day from $150 per day.
CH 38 H 2044 OUTDOOR RECREATION COMMISSION; CONTINUATION
The statutory life of the Arizona Outdoor Recreation Coordinating Commission is extended 10 years to June 30, 2017. A legislative intent section states the purpose of the commission is to provide for the distribution of federal and state monies for recreation projects and to assist and advise the state parks board. Retroactive to July 1, 2007.
CH 39 H 2052 SCHOOL BUS ACCIDENTS; CAUSING DEATH, INJURY
Causing serious injury or death by overtaking or passing a school bus displaying flashing lights and a stop sign is added to three lists of moving violations: causing serious physical injury or death, causing death by use of a vehicle, and causing serious physical injury by use of a vehicle. This bill also repeals parts of Laws 2006, Chapter 276, which dealt with the same sections in statute but was imperfectly drafted. Also, the Jan 1, 2012, repeal of statutes dealing with various moving violations is itself repealed, making the laws permanent.
CH 40 H 2065 PUBLIC BUILDINGS; CONSTRUCTION SERVICES; PENALTIES
Beginning on the effective date of this act until July 1, 2009, a government entity that violates statutes related to bids and contracts for designing and constructing public works projects is subject to an enhanced fine of $10,000 for a first offense, $25,000 for
a second offense and $75,000 for a third offense. Outside this window, the current fine of $5,000 per violation applies. Additionally, a session law provision states that if a three-person study group comprised of a representative of contractors, of municipalities and of county supervisors agree to study city and county compliance with state laws pertaining to bidding for construction projects, the group will assemble data on 15 cities and all counties regarding projects involving chip sealing, slurry sealing, fog sealing and overlays & reconstruction. An initial review with recommendations must be completed by July 1, 2008, a final review with recommendations is due by July 1, 2009.
CH 41 H 2078 PROPERTY TAX COMMISSION; CONTINUATION
The statutory life of the Property Tax Oversight Commission is extended 10 years to June 30, 2017. A purpose section states the commission is intended to provide oversight of the budgeting and taxation process of various taxing districts. Retroactive to July 1, 2007.
CH 42 H 2211 CHILDREN; TEMPORARY COURT ORDERS
Permits the courts to issue a temporary order regarding custody or parenting time, pending judicial determination of paternity. Courts may later revoke or modify the temporary order when the final order is entered or the petition dismissed.
CH 43 H 2263 CPS; NOTICE TO FAMILIES
The list of information a CPS worker must provide at first contact with a parent or guardian regarding the nature of the complaint and rights of the parents must be conveyed both verbally and in writing.
CH 45 H 2469 CONCEALED WEAPONS; PETTY OFFENSE
A person with a concealed carry permit who is in possession of a concealed weapon and who does not present the permit for inspection when requested by law enforcement is guilty of a petty offense (previously, a class 2 (mid-level) misdemeanor). The charge must be dropped if the person produces the permit in court.
CH 46 H 2517 OSTEOPATHIC BOARD; CONTINUATION
The statutory life of the Board of Osteopathic Examiners in Medicine and Surgery is extended ten years to June 30, 2017. An intent section states the board’s purpose is to regulate the practice of osteopathic medicine for the public health, safety and welfare. Retroactive to July 1, 2007.
CH 47 S 1084 AGGRAVATED ASSAULT
Provisions in the criminal code pertaining to aggravated assault are re-organized. According to Senate research staff, the changes are technical in nature.
CH 48 S 1098 INSURANCE; WELLNESS PROGRAMS; DISCRIMINATORY PRACTICES
Rewards or incentives offered to health care providers by health and disability insurance companies are not considered illegal discriminatory practices as long as they meet certain federal requirements as contained in the Health Insurance Portability and Accountability Act of 1996.
CH 49 S 1126 APPELLATE PROCEEDINGS; VICTIM NOTIFICATION; CONTINUATION
The scheduled Oct 1, 2007, repeal of victim notification requirements in appellate and post-conviction proceedings is itself repealed, making the notification requirements of ARS 13-4042 and 13-4234.01 permanent.
CH 50 S 1155 INSURANCE; SELF-SERVICE STORAGE AGENT; LICENSE
Regulates insurance policies sold by self-service storage agents who sell insurance in connection with the rental of space and requires agents to be licensed by the Dept of Insurance.
CH 52 S 1198 COUNTY POWERS; OPEN FIRES
The list of powers of county board of supervisors is extended by adding authority to adopt ordinances prohibiting open fires and campfires on private property islands within National Forests, BLM land or state land if such a prohibition has been declared by the agency that manages the public land.
CH 53 S 1216 GOVERNMENT INVESTMENTS; CERTIFICATES OF DEPOSIT
The list of investments permitted for public funds (municipal, school district, state, etc.) is expanded to include certificates of deposit. Requires investment in CDs be done through an eligible depository (defined elsewhere as a bank, S&L or credit union insured by the appropriate federal agency) which arranges for the purchase of certificates of deposit.
CH 54 S 1231 GPS MONITORING OF CRIMINALS; COMMITTEE
A 13-member Joint Legislative Study Committee on Global Position System Monitoring is established to review issues related to the GPS monitoring of persons convicted of dangerous crimes against children that is required pursuant to Laws 2006, Chapter 368. A report is due by Dec 1, 2008.
CH 55 S 1256 STATE COMP FUND; ADMINISTRATIVE PROCEDURES
The State Compensation Fund is exempt from the administrative procedures act.
CH 56 S 1306 CPS; CONFIDENTIAL INFORMATION
Before releasing CPS records, law enforcement agencies must take reasonably necessary precautions to protect the identity and safety of a person reporting child abuse or neglect or anyone else who may be endangered by the disclosure of information. Law enforcement agencies are not required to disclose CPS information that would compromise a CPS or criminal investigation.
CH 57 S 1348 HEARING AIDS; CONSUMER INFORMATION
A bill of sale for a hearing aid must contain language informing the purchaser about the benefits of audio switch technology (also known as telecoil, t-coil or t-switch). If the purchased device has t-coil technology, the purchaser must be informed on its proper use. Also the receipt must inform the purchaser about the Arizona telecommunications equipment distribution program that provides assistive communications devices to Arizona residents with hearing loss.
CH 58 S 1424 DOMESTIC VIOLENCE; AGGRAVATED
The period of time within which a third or subsequent domestic violence offense becomes aggravated domestic violence is extended to 7 years from 5 years.
CH 59 S 1529 OPTOMETRISTS; PRESCRIPTIONS
The list of medications that optometrists may prescribe, dispense and administer is expanded to include any prescription antihistamine instead of only 3 specific antihistamines. The prescription is limited to a 7-day supply after which, if the patient’s symptoms persist, the optometrist must refer the patient to a primary care physician or other allopathic or osteopathic physician.
CH 60 S 1596 SALVAGE TITLES; INSURANCE COMPANY APPLICATIONS
To obtain a salvage certificate of title of a nonrepairable certificate of title, an insurance company no longer needs to provide a registration card and license plates.
CH 61 S 1609 WATER CONSERVATION DISTRICTS; LAW OFFICERS
The governing board of a multi-county water conservation district (e.g., Central Arizona Project) is exempt from state personnel rules. Also, in statutes pertaining to a law enforcement officer’s rights during a disciplinary proceeding, authority to exclude a person employed by a multi-county water conservation district from the definition of law enforcement officer is moved from a section dealing with detention officers to one dealing with AZPOST certified officers.
CH 62 H 2045 SCHOOL SAFETY PROGRAM
School districts must submit an annual application to participate in the public school safety program. Formerly, current participants were permitted to submit applications to continue in the program. A provision stating that funding available for schools applying for the first time is limited to unencumbered monies appropriated and unused in previous years or to monies specifically appropriated to expand the system is deleted. The statutory life of School Safety Oversight Committee is extended 10 years to June 30, 2017. A purpose section states the Legislature desires to continue this program to reduce juvenile referrals to the courts and juvenile detentions. Program continuation is retroactive to July 1, 2007.
CH 63 H 2088 DPS; RETIREMENT; BADGE
When a DPS officer is promoted, retires or otherwise is separated from the department, the officer may purchase (at current replacement cost without public bidding) the officer’s official badge. Also, the definition of the crime of impersonating a highway patrol officer is expanded to in
clude any DPS officer.
CH 64 H 2113 AGRICULTURAL COMMODITY COUNCILS; RESTRUCTURING
Membership is revised in three agricultural commodity councils: the Citrus Research Council, the Iceberg Lettuce Research Council and the Citrus, Fruit and Vegetable Advisory Council. Quorum requirements are adjusted for the Citrus Research Advisory Council to reflect a reduction in members from seven to five.
CH 65 H 2115 PROFESSIONS; DISCIPLINARY ACTION; CONTINUING ED
Health care licensing boards (e.g., dental board, chiropractic examiners board, occupational therapy examiners board, etc) may issue a nondisciplinary order requiring a licensee to complete a prescribed number of hours of continuing education to provide the licensee with “the necessary understanding of current developments, skills, procedures or treatment.” Also, the Athletic Trainers Board may exempt a person from continuing education requirements for reasons of “extreme hardship.” It may also exempt an applicant from exam and licensing requirements if the person has been employed by a professional sports team as a trainer since July 18, 2000, or if the person was certified by a foreign certification organization that has a reciprocal certification agreement with a nationally recognized board of certification.
CH 66 H 2117 GAME & FISH; BIG GAME PERMITS; TRANSFERS
The list of people to whom a holder of a big game permit may transfer the permit is expanded to include a minor child with a permanent physical “disability.” If the child is younger than 14, the child must complete the hunter education course offered by the Dept of Game and Fish. A definition of “disability” is added stating, it refers to a permanent physical impairment that “substantially” limits one or more of the child’s “major life activities,” requiring assistance by a person or mechanical device for mobility.
CH 67 H 2134 SMALL BUSINESS; UNIFORM HEALTH QUESTIONNAIRE
Beginning January 1, 2009, health insurance plans (called “accountable health plans” in the language of statute) must use a uniform employee health status questionnaire developed by a nine-member committee formed by the Dept of Insurance. The questionnaire is intended to “simplify the health insurance application process for small groups.” Individual plans may supplement the questionnaire with additional questions. The committee, comprised of the director of the Dept of Insurance (or designee), four representatives of accountable health plans, two insurance producers and two representatives of small business, shall produce a recommended questionnaire by April 1, 2008, after which the committee may be reconvened at the call of the director of the Dept of Insurance.
CH 68 H 2184 SCHOOLS; SPECIAL EDUCATION; DEFINITIONS
Special education terms are modified to conform to federal law. The list of conditions which are excluded from the definition of “child with a disability” is expanded to include children for whom the determining factor of their need is a lack of appropriate instruction in reading or math. Once a child is classified as having a disability, the classification may not be removed unless the child, as a result of a new evaluation, is determined no longer to meet the definition of child with a disability.
CH 69 H 2189 INSURANCE; ACTUARIAL OPINION; MEMORANDUM REQUIREMENTS
Article 8 of Chapter 3 of insurance statutes related to actuarial opinion and memorandum requirements is rewritten. Changes include requiring all insurers to perform asset adequacy analysis that conforms to the standards as set forth in this act. [Note: currently, the Dept. of Insurance sets forth standards by rule.]
CH 70 H 2198 BANKS; LENDING LIMITS
The maximum amount a bank may lend to a single borrower without readily marketable collateral equal to the loan amount is increased to 20% of the bank’s capital from 15%. However, banks must notify the Dept of Financial Institutions “the first time it makes a loan in an amount in excess of 15% of its capital.”
CH 71 H 2208 OPEN MEETINGS; MINUTES
Public body subcommittees and advisory committees are no longer exempt from the requirement that minutes or a record of their meetings be made. In a municipality with a population greater than 2,500, the recording of the meeting or a statement describing any legal actions taken at the meeting must be posted to the entity’s website, if it has one, within 10 days of the meeting.
CH 73 H 2250 CHILD SUPPORT & D.R. COMMITTEES; CONTINUATION
The statutory life of both the Child Support Committee and the Domestic Relations Committee is extended ten years to Dec 31, 2017. Also, for each committee, the member who is an administrator in the Administrative Office of the Courts may appoint a designee.
CH 74 H 2254 HOA; TELECOMMUNICATIONS VEHICLES
The list of vehicles an HOA is not permitted to prohibit from on-street parking within the community is expanded to include residents who are employed by a telecommunications company and who may be called upon to perform emergency service or repair. The definition of “telecommunications” specifically excludes commercial mobile radio services.
CH 75 H 2321 WATER; ADEQUATE SUPPLY; MUNICIPALITIES
Outside active management areas, a planned subdivision may satisfy the requirement to demonstrate adequate water supply by contracting to deliver Colorado River water regardless of whether the contract is with a private water supplier or a municipal water provider or a combination of the two. [Note: current law required that a determination of adequate water supply be based on water provided by either a private water supplier or a municipal provider.]
CH 76 H 2323 HAZARD DISCLOSURE REPORTS; 3RD PARTY PROVIDERS
Third party providers of property disclosure reports may not imply that the law requires a report to be purchased or that purchasing a report indemnifies a person from liability concerning information not subject to disclosure in the report. Violators may be subject to civil action and a fine of up to $2000. Third parties may provide disclosure reports to buyers in addition to sellers. The required amounts of errors and omissions insurance coverage that third party providers must carry are modified, and failure to carry the required insurance is a class 1 (highest) misdemeanor. Also, the list of conditions affecting property that must be disclosed is expanded to include earth fissures and whether the site is listed on various lists for environmental remediation (formerly only listing as a superfund site).
CH 77 H 2367 ADOT; BID THRESHOLD; ANNUAL ADJUSTMENTS
The minimum dollar threshold for ADOT projects to be competitively bid is increased to $189,000 from $50,000 and is annually adjusted according to the change in the GDP price deflator.
CH 78 H 2407 CENTENNIAL; COSTS; FUND TRANSFER
Appropriates $50,000 of the $2.5 million appropriated to the Legislative Council in 2006 (Chapter 350, Section 7) for costs related to planning the statehood centennial in 2012 to the Historical Advisory Commission which is developing a statewide plan for the centennial. Effective April 16, 2007.
CH 79 H 2457 FIREARMS; PEACE OFFICERS
With certain stated exceptions, a governmental entity may not prohibit a peace officer from carrying a firearm if the officer is in compliance with requirements established by the Arizona Peace Officers Standards and Training Board. Law enforcement agencies may determine the number, type, model, caliber and brand of firearm and ammunition carried by its officers on or off duty.
CH 80 H 2482 SPECIAL DISTRICTS; SANITARY; REORGANIZATION
Changes in statutes governing the conversion of a sanitary district having an area of less than 160 acres from one governed by the county board of supervisors to one with its own governing board or the reorganization of a district with a 3-member governing board to a 5-member board. Ballot question format and
public notice requirements are stipulated. Official canvas of the vote must happen within 20 days (previously, 14 days) of the election. Prohibition against a district calling an election more than once every two years to convert from governance by the county board of supervisors to an elected board is deleted.
CH 81 H 2487 AG MANAGEMENT PRACTICES Committee; CONTINUATION
Two agricultural best management practices advisory committees (one on grazing and one on concentrated animal feeding) are collapsed into one 10-person ABPM committee with reconstituted membership. The committee’s statutory life is extended five years to July 1, 2012. The agricultural advisory committee on nitrogen fertilizers is discontinued. Retroactive to July 1, 2007. A purpose section states it is the Legislature’s intent to continue the ABPM’s mission of making recommendations to the Dept of Environmental Quality regarding grazing activities and concentrated animal feeding.
CH 82 H 2503 HOA; CAUTION SIGNS; CHILDREN
An HOA must allow the use of professionally manufactured cautionary signs regarding children-at-play if the signs are displayed while children are present (within 50 feet of the sign) and are removed within 1 hour after children cease to play. HOAs are prohibited from disallowing children from playing on residential roadways within the community on which the posted speed limit is 25 mph or less.
CH 83 H 2626 AGGREGATE MINING COMMITTEES
The membership of Aggregate Mining Operations Recommendation committees (established in counties whose board of supervisors has formed an aggregate mining operations zoning district) is changed to allow private citizens living within 3 miles (formerly 1 mile) of the boundaries of the mining operation to serve as members. Also, the county board of supervisors must appoint alternate AMORC members to serve when a primary member is unable to attend.
CH 84 H 2734 SEX OFFENDERS; REGISTRATION; ELECTRONIC IDENTITY
Beginning Jan 1, 2008, registered sex offenders must notify the sheriff of the county in which they reside of e-mail addresses or other online identifiers they use. A change in identifier must be reported to the sheriff within 72 hours. Information collected by sheriffs is to be transmitted to the Dept of Public Safety which shall maintain an online, searchable database of identifiers used by sex offenders and work with Internet service providers to match names and services. Providers must contact DPS when one of their clients matches the identifier of a sex offender. DPS shall begin collecting online identifiers within 90 days of the effective date of this act.
CH 85 H 2034 REGULATORY REVIEW COUNCIL; CONTINUATION
The statutory life of the Governor’s Regulatory Review Council is extended 10 years to June 30, 2017. Retroactive to July 1, 2007. A purpose section states it is the Legislature’s intent to continue the council’s mission to review and approve or reject rules and economic, small business and consumer impact statements submitted by state agencies.
CH 86 H 2204 CHARACTER EDUCATION MATCHING GRANTS
Administration of the character education grant program is withdrawn from the Arizona K-12 Center at NAU and is taken over by the Dept of Education which shall distribute grants for materials from character education organizations “that have been previously preapproved as providers of proven and effective programs.” Eliminates the annual $1500 cap on state matching grants.
CH 87 H 2215 RETIREMENT PLANS; DOMESTIC RELATIONS ORDERS
Changes in definitions and procedures for domestic relations orders (DRO) for members of the Corrections Officer Retirement Plan, Elected Officials Retirement Plan or the Public Safety Personnel Retirement System. [Note: domestic relations orders are issued by a court and relate to the disposition of retirement benefits in a divorce.] A DRO must be approved by the member’s retirement plan which is required to check the DRO for compliance with a list of conditions established by this act. Establishes a 90-day “cure period” for plan participants and alternate payees to submit an amended domestic relations order for review and qualification determination and provides new procedures for responding to court domestic relations orders. Effective for members of CORP on July 1 of the year following a determination by CORP that its ratio of accrued assets to accrued liabilities is at least 100%.
CH 88 H 2319 ENERGY CODE ADVISORY COMMISSION; REPEAL
The state energy code and the Energy Code Advisory Commission are repealed.
CH 89 H 2468 SCHOOLS; FLAG SIZE
Statutory requirement that schools, colleges and universities must display a flag at least 2 feet by 3 feet is changed to state the flag must be “of sufficient size to be visible and easily recognizable” and may not be made of paper. The 2 feet by 3 feet minimum size applies when a classroom US flag is replaced.
CH 90 H 2478 CREDIT UNIONS; BUSINESS LOANS; PREPAYMENT
Credit unions may charge a prepayment penalty on business loans they issue.
CH 91 H 2485 WELLS; COLORADO RIVER WATER
Effective 30 days after final regulations for administering entitlements to Colorado River water are published in the Federal Register, persons who apply to drill a well that will pump Colorado River water must include proof the person has a right to the water. Certain wells that pump less than 35 gallons per minute are exempt.
CH 92 H 2563 STATE OMBUDSMAN; ACCESS TO RECORDS
The list of documents to which the state ombudsman-citizens aide is specifically excluded from accessing is expanded to include those protected by federal law and information on government-owned facilities that are classified as critical infrastructure.
CH 93 S 1018 SCHOOL DISTRICTS; TUITION AGREEMENTS
An agreement whereby one school district agrees to accept pupils from another in return for tuition payments must specify the method for computing the tuition amount and the timing of payments. The duration of the agreement cannot exceed five years, although renewals of the agreement (also with a 5 year max term) are permitted. A parent/guardian of a pupil affected by an agreement may choose not to participate.
CH 94 S 1023 BURIAL RESPONSIBILITY
The prioritized list of persons responsible for the burial of human remains is changed. A spouse, currently the first on the list, is disqualified to make decisions concerning burial if the deceased was separated from the spouse, or if a petition for divorce or separation was pending. The remainder of the list of persons responsible to provide burial is expanded to include seven additional categories, including a person designated by the deceased as having power of attorney, the deceased’s parent, adult sibling, adult grandchild, grandparent, etc. If there is more than one member in a category, any member of that category is authorized to make burial arrangements unless that member knows of objections from another member of the category in which case a majority of members of that category shall determine final arrangements. In statutes pertaining to disinterment, reinterment and anatomical gifts, the lists of persons authorized to make decisions are changed to conform to that for burial of remains. Funeral homes and cemeteries are indemnified from civil action if they rely in good faith on directions for disposal provided by a person who claimed to be the authorizing agent.
CH 95 S 1045 EMPLOYMENT; FINGERPRINT CLEARANCE
The list of offenses which preclude a person from being issued a fingerprint clearance card (and therefore being barred from jobs that require one) is expanded to include sexual predator offenses such as: sex trafficking, sexual abuse, furnishing harmful items to minors, obscene telephone calls to minors and luring a minor for sexual exploitation. Also, the list of non-sexual predator offenses which may preclude a clearance card from being issued is expanded to include negligent homicide, criminal damage, misa
ppropriation of charter school money, cruelty to animals, various acts associated with prostitution and welfare fraud. [Capitol Reports note: Persons convicted of an offense in this latter list may petition the Fingerprint Board for a good cause exception.]
CH 96 S 1047 PRIVATE INVESTIGATOR LICENSING; EXEMPTION
The exemption from the requirement to obtain a private investigator license currently extended to individuals or companies that furnish financial ratings and related personal information to others is not available if the individual or company engages in other investigative research that would form part of an investigative consumer report (defined in federal statute).
CH 97 S 1100 REGISTERED NURSE PRACTITIONERS; AUTHORITY
Extends the permitted scope of practice of registered nurse practitioners by adding the phrase “or registered nurse practitioner” after “physician” in multiple statutes dealing with tasks currently authorized to be performed by a physician. Also requires that a physician be part of the team that reviews a CPS decision to remove a child that suffers from a chronic illness from custody of parent/guardian.
CH 98 S 1200 RETIREMENT; ASRS; SUPPLEMENTAL DC PLAN
Language that limited the minimum amount a member of the Arizona State Retirement System was permitted to contribute to a supplemental defined contribution plan operated by the ASRS to 1% of the employee’s gross compensation is replaced with provision that permits any fixed contribution level (percentage of compensation, fixed dollar amount or an amount prescribed by the plan) that may not be modified or revoked by the employee. Language stating an employer may contribute to the employee’s defined contribution plan only if combined contributions exceed IRS limits is replaced with a provision that permits the employee to determine whether the employer’s matching contributions should be made to the employee’s DC plan or to an IRS-approved supplemental plan.
CH 99 S 1203 INSURANCE; VARIABLE GROUP ANNUITIES; REGULATION
Variable group annuities (defined) or variable group life insurance policies may be sold or offered only by licensed life insurance agents who are authorized to sell variable group contracts in Arizona.
CH 100 S 1227 DOMESTIC VIOLENCE; LEASE TERMINATION
A tenant who is a victim of domestic violence may break a lease under certain situations and with proper notice to the landlord. A landlord must comply with a tenant’s request to install a new lock for the tenant’s living unit if the tenant pays the cost of installation. Landlords must refuse entry to any perpetrator of domestic violence who has been served with an order of protection. A tenant who breaks a lease by falsely reporting domestic violence is liable to the landlord for treble damages.
CH 101 S 1258 WEAPONS; EMERGENCY CONFISCATION; PROHIBITION
The emergency powers of the governor, adjutant general or other officials do not include the ability to commandeer firearms or ammunition or to restrict the lawful possession, use, sale, transfer or display of firearms or ammunition. Officials may order that stores of ammunition be moved to avoid “dangerous conditions.”
CH 102 S 1295 STATUTORY CORRECTION; ORIENTAL TO ASIAN
With one exception, statutory references to “Oriental” are changed to “Asian” to comply with federal standards for racial categories as established by the US Census Bureau. An intent section says one remaining statutory occurrence of “oriental” is part of the name of a national organization. The Legislature states its wish that state agencies and boards make similar changes in their respective administrative rules.
CH 103 S 1310 UNDERGROUND STORAGE TANKS
The coverage an underground storage tank owner or operator may receive from the UST assurance account for costs above those for which they are liable is reduced to 90% from 100%. Costs associated with a single UST facility cannot be covered by the UST assurance account more frequently than once per month.
CH 104 S 1553 COUNTY ASSESSORS; APPEALS; PROCEDURES
The county assessor must notify a property owner within 120 days if an application to classify property as agricultural is disapproved. The taxpayer may then appeal the decision directly to superior court rather than having to appeal the decision first to the assessor. If a parcel has been split or consolidated during the tax year as a result of an action initiated by a government entity and the action results in an increase in the limited property value greater than what had been determined before the split or consolidation, the limited value shall not change for the valuation year.
CH 105 H 2440 IRRIGATION DISTRICTS; ACREAGE VOTING
The board of directors of irrigation districts in Maricopa County in which the majority of acreage in the district is used for other than agricultural purposes may adopt an acreage voting system in district elections. [Capitol Reports note: current law provides that a district may change to acreage voting only on receipt of a petition signed by owners of at least 51% of the land within the district.] The system provides that all owners of property in the district regardless of whether the land is used for agricultural purposes is entitled to the number of votes equal to the number of acres owned, to a maximum of 1,280 votes.
CH 106 H 2476 PROPERTY TAX; AG DISTRICT EXEMPTION; RETROACTIVITY
The effective date of Laws 2006, Chapter 323 (H2727: tax exemption government owned property) which exempted from property tax improvements made on government-owned land by an agricultural improvement district is changed to Sept 18, 2003, the effective date of Laws 2003, Chapter 251, which is the law that made such property subject to property taxation. An intent section explains the intent of this bill is to make the text added in 2003 have no legal effect for any time period. Effective April 20.
CH 107 H 2518 RESPIRATORY CARE BOARD; CONTINUATION
The statutory life of the Board of Respiratory Care Examiners is extended ten years to June 30, 2017. Retroactive to July 1, 2007.
CH 108 H 2604 SPECIAL DISTRICT ELECTIONS; ELECTRICAL DISTRICTS
The list of qualified electors of an electrical district is expanded to include representatives of property taxpayers whose property will be beneficially served by the improvements made in the district. The acreage system of voting is authorized in an electrical district if a petition requesting the change is submitted with signatures of owners of at least 51% of the property in the district. Acreage voting is defined as each owner of at least one acre having one vote for every acre of land the person owns in the district to a maximum of 1,280. The district’s board of directors may adopt a resolution stating that fractional shares of acres may be assigned fractional shares of a vote.
CH 109 H 2039 SCHOOL ACCOUNTABILITY; SCHOOL ACHIEVEMENT PROFILES
The annual achievement profile compiled by the Dept of Education for each public school in the state must include a “single achievement profile” for the school that incorporates the department’s various performance indicators for the grade levels offered at the school.
CH 110 H 2050 CORPORATIONS; DISSOLUTION; REINSTATEMENT
Corporations and LLCs have 6 years (previously 3 years) to request reinstatement after the Corporation Commission revokes authority to do business in this state.
CH 111 H 2077 WRIT OF RESTITUTION; CRIMINAL TRESPASS
A person who was lawfully served with an eviction notice (writ of restitution) or who was legally evicted from a premises (includes dwelling unit, mobile home space or RV space) and who then returns without the permission of the owner is guilty of third degree criminal trespass. The court that issues the writ must notify the defendant of the legal consequences of remaining at or returning to the property. The court must ensure the person’s social securit
y number (formerly required on the judgment) does not appear on the judgment.
CH 112 H 2084 INCOME TAX CREDIT; OTHER STATES
Income taxes paid by an Arizona resident to another state are a credit against the taxpayer’s Arizona income tax liability if the other state imposes tax on the person’s entire income regardless of where the income is earned. The amount of the Arizona credit is equal to the taxes paid on income earned in the other state. [Note: previously, this provision applied only to tax years ending Dec 31, 2001.] Retroactive to Jan 1, 2002. Self repeals on Jan 1, 2012.
CH 113 H 2139 INSURANCE; DISABILITY; PROHIBITED PRACTICES
Statutory prohibitions against insurance companies offering rebates, rewards or other incentives to health care professionals do not extend to incentives in a wellness program under a disability policy as long as the program complies with requirements under the federal Health Insurance Portability and Accountability Act (HIPAA).
CH 114 H 2145 RETIREMENT; ASRS; LONG-TERM DISABILITY
Statutes governing long term disability under the Arizona State Retirement System are changed so that if LTD benefits commence after June 30, 2008, 85% of the person’s social security disability benefits shall be an offset against ASRS benefits (which are capped at 2/3 of the person’s monthly compensation). If benefits commence on or before that date, the offset remains 64% as currently provided. For persons whose LTD coverage begins on or after July 1, 2008, benefits are not payable for injuries treated within 6 months of when coverage begins. (Current employees have a 3-month pre-existing condition restriction.) Allows the retirement system to recoup overpayments by withholding retirement or LTD benefits.
CH 115 H 2188 INSURANCE GUARANTY FUND; BOARD MEMBERSHIP
The list of types of insurance exempt from provisions governing the insurance guaranty fund is expanded to include insurance of warranties and service contracts. [Note: the fund is used to pay claims if the insurer becomes insolvent.] The maximum amount for claims covered by the guaranty fund is increased to $300,000 from $100,000, but reduced to $10,000 for a claim for the return of unearned premiums. Membership in the guaranty fund board is changed from nine members representing various named trade associations to nine members representing different insurers doing property or casualty business in the state. Current board members may serve out their terms.
CH 116 H 2194 WORKERS’ COMPENSATION; THIRD PERSON LIABILITY
The rights of worker’s compensation insurers (or self-insured employers) are clarified in cases where a worker is injured by a third-party (not in the same employ), the employer’s insurance pays medical claims and the worker allows to expire the one-year window within which he must file a claim against the third-party. In such cases, the employer’s workers’ compensation insurance may institute an action against the third party (replacing language stating the claim against the third-party is deemed to have been “assigned” to the insurance carrier). New language also states (1) if the case against the third-party has been dismissed because of lack of prosecution, the rights of the insurance carrier to recover the costs of benefits paid are not affected; and (2) if the statute of limitations of the claim is one year after the cause of action, the insurance carrier may file its action prior to the close of the one year window within which the worker may file a claim. The employee is required to provide the insurance carrier with notice of an intent to bring an action against the third-party and periodic notice of all pleadings and rulings in the matter.
CH 117 H 2207 PROPERTY TAX COLLECTION; LOT SPLITS
The county treasurer is authorized to recognize lot splits or consolidations that occur after the tax roll is completed and delivered and to allocate property taxes due among the new owner(s). The option for a county treasurer to extend for a second year the due date on delinquent taxes on a mobile home that accrued under a previous owner is eliminated, and no extension may be granted to taxes due on a permanently affixed mobile home. Also, the list as prepared by the county treasurer of outstanding delinquent unsecured personal property taxes on mobile homes may use the taxpayer identification number as a unique identifier rather than the tax roll ID number.
CH 118 H 2209 LAW ENFORCEMENT; MISCONDUCT INTERVIEWS
Before a law enforcement officer or probation officer is interviewed for misconduct, the employer must provide the officer with written notice containing the specific nature of the investigation and allegations, the officer’s status in the investigation, and the officer’s right to have a representative present at the interview. It is not necessary for the employer to issue an additional notice for allegations regarding information disclosed during the interview. Employers are also under no obligation to reveal facts to the employee that would impede the investigation.
CH 119 H 2246 INDUSTRIAL COMMISSION; APPEALS; RECORD
Transcripts of matters before the Industrial Commission’s appeals board must be made available at the board’s expense to a party who appeals the ruling to the Court of Appeals. Language governing the re-scheduling of a a hearing is changed to allow for both advancement as well as postponement for “good cause.”
CH 120 H 2247 WELFARE; TANF; DIVERSION PROGRAM
Differences between the long-term welfare assistance program and a shorter-term diversion program are clarified. [Note: the diversion program offers a lump sum equal to 3 months of TANF payments.] Diversion program clients are also eligible for employment services for 90 days from initial application. TANF applicants must fully comply with the work activities requirements to remain eligible and avoid sanctions. Information included in the annual report on the diversion program provided to the Legislature by DES is expanded.
CH 121 H 2255 PHARMACIES; QUALITY ASSURANCE
Requires pharmacies to implement and participate in a continuous quality assurance program targeting medication errors. Program records are not subject to subpoena or discovery in arbitration or civil suits. Hospital pharmacies are deemed to be in compliance if the hospital is accredited. A session law section requires the Pharmacy Board to establish an advisory committee of pharmacies, pharmacists, hospitals and health systems to recommend rules governing the program.
CH 122 H 2294 CAPTIVE INSURER AMENDMENTS
Authorizes and regulates branch captive insurers (defined). Makes numerous other changes in insurance statutes relating to captive insurers, including removing commercial motor vehicle insurance policies from the list that captive insurers may not directly insure.
CH 123 H 2339 PEACE OFFICERS’ TRAINING FUND
The list of permitted uses of the Peace Officers’ Training Fund is expanded to include training of full authority peace officers appointed by the Dept of Corrections or the Dept of Juvenile Corrections.
CH 124 H 2344 GRAFFITI; JUVENILES; FINE
A juvenile who commits criminal damage by graffiti is subject to a fine of between $300 and $1000. (Previously, the maximum fine was $500.) The court may order community service in lieu of all or part of the fine at a rate of $10 per hour.
CH 125 H 2360 DENTAL BOARD; LICENSURE BY CREDENTIAL
In order for the Dental Examiners Board to waive the examination requirement of an applicant for licensure as a dentist or dental hygienist, the applicant must submit evidence of passing a board-approved exam not more than five years prior to applying in Arizona.
CH 126 H 2393 SPECIAL EDUCATION; SURROGATE PARENTS
Statutory responsibility for naming a surrogate parent to represent a disabled child in decisions about special education is changed to the Dept of Education from “a court of competent jurisdiction.”
However, if the child is a ward of the state, either the Dept of Education or the judge who oversees the child’s case may appoint surrogate parents. If the Dept of Education names the surrogate, it must notify the court. The conditions under which a surrogate is required to be named is modified to include compliance with federal definitions.
CH 127 H 2439 AUDIOLOGISTS; SPEECH-LANGUAGE PATHOLOGISTS
Various changes in statutes regulating audiologists and speech language pathologists, including changing the education requirement for audiology licensure to a doctoral degree with emphasis in audiology, instead of a master’s degree with postgraduate professional experience. Adds a requirement for 10 hours of continuing education within the prior year to renew an audiologist or speech language pathologist license and increases the continuing education requirement for renewal of a hearing aid dispenser license to 12 hours within the prior year, from 8 hours. The test taken by audiology and speech language pathology licensees must be nationally recognized, and applicants for licensure must have passed the test within 3 years before the date of application. Audiology licensees must pass an ethics examination within 6 months after licensure. Persons licensed as audiologists with a master’s degree before Dec 31, 2007 must meet certain requirements and receive a waiver of the new educational requirements.
CH 128 H 2454 HOSPITALS; RURAL; INTENSIVE CARE
A hospital licensed as a rural general hospital is permitted to provide intensive care services.
CH 129 H 2474 CAPITOL POLICE; OVERTIME & WORKERS COMP
Members of the Capitol Police Reserve are deemed to be employees of the Dept of Administration and are eligible for workers’ compensation. The basis for computing workers’ comp premiums and benefits for members of the Reserve who are peace officers is the salary received for their first month of regular duty as an officer. Additionally, the list of law enforcement personnel who must be compensated for time worked over 40 hours in one week is expanded to include officers of the Capitol Police.
CH 130 H 2636 IMPROVEMENT DISTRICTS; MARICOPA; SURPLUS FUNDS
When a county improvement district in Maricopa County has been dissolved and 2 years have passed with no activity, the county treasurer may request that all of the remaining money be transferred to the county general fund to be used for the purposes for which it was collected (if required by law) or for the “health, safety and welfare of the general public.”
CH 131 H 2750 JUSTICE COURTS; MARICOPA; JURISDICTION
Civil actions involving $10,000 or less (except landlord-tenant matters) must originate in justice of the peace courts. (Formerly, JP courts had exclusive jurisdiction on matters less than $5,000 and shared original jurisdiction with superior courts on cases involving claims between $5,000 and $10,000.) Additionally, in Maricopa County justice courts have original jurisdiction in landlord-tenant matters if the amount of rent is $10,000 or less. (Justice courts in the other 14 counties continue to share original jurisdiction with superior courts in landlord-tenant cases involving $5,000 to $10,000.) Also, municipal courts in Maricopa County are stipulated to have original jurisdiction for civil traffic offenses and misdemeanor cases if the offense was filed by an agent of the municipality, and justice court jurisdiction in Maricopa County over misdemeanors does not extend to cases where the misdemeanor is consolidated with a felony offense.
CH 132 S 1036 TAX LIABILITIES; EXTENSION & SUSPENSION
Circumstances are defined (natural disasters, terrorist attacks, governor-declared state of emergency, etc.) under which the director of the Dept of Revenue is required to extend the due date for tax obligations and to suspend any penalty or interest for delinquent payment of taxes.
CH 133 S 1067 SCHOOLS; NEW SCHOOL DISTRICTS; RESTRICTION
In a territory that has not formed a school district, when the number of children who attend school in an adjacent school district (through the use of certificates of educational convenience) exceeds a threshold amount, the boundaries of the adjacent district are required to be redrawn to include the unorganized territory. Formerly, voters in the unorganized territory had an option to form a new school district. The change in boundary of the existing school district does not require a vote unless there is more than one existing district adjacent to the unorganized territory and that meets the criteria such that a vote is necessary to determine which district shall annex the unorganized territory.
CH 134 S 1130 JUVENILE OFFENDERS; COMPETENCY; REPORT DISCLOSURE
Stipulates circumstances under which the Dept of Corrections is added to the list of entities allowed access to documents sealed by court order related to statements by juvenile offenders made to personnel involved in the process to determine competency of the offender to stand trial.
CH 135 S 1344 DRUG & GANG ENFORCEMENT ACCOUNT FUNDS
Maximum amounts of monies in the Drug and Gang Enforcement Account (a part of the Criminal Justice Enhancement Fund) that may be distributed for various purposes by the Criminal Justice Commission are changed. Among the changes: a maximum of 50% for both the investigation of drug and gang offenses and drug and gang prevention programs; and programs and agencies enhancing the integration of criminal justice records related to drug and gang offenses are added to the list of entities that may receive funds (to a maximum of 30%).
CH 136 S 1423 MUNICIPAL DEVELOPMENT FEES
Before assessing a new or modified development fee, a municipality must adopt an infrastructure improvements plan that estimates future “necessary public services” required by the development and the costs associated with meeting those future needs. The plan and any subsequent substantive amendments must have a public hearing. Payment of development fees, currently required when permits are issued, may be delayed by mutual written consent of developer and municipality, but must be paid no later than 15 days after a certificate of occupancy is issued. Any action to collect a development fee must be started within 2 years after the obligation to pay begins.
CH 137 S 1445 JUVENILE OFFENDERS; TECH ED FUND
Establishes the Dept of Juvenile Corrections Career Technical Education Fund to pay expenses required for vocational, treatment or work programs for “committed youths.
Bills become law Wednesday
Most laws become effective 90 days after the Legislature adjourns. This year that date is Sept. 19.