More than 160 new laws took effect on Sept. 30, the general effective date for legislation passed during the 2009 regular session.
Many of the laws are technical changes to existing law. Others have more far-reaching impacts on the daily lives of Arizona residents.
One of the laws expands the definition of first-degree murder to include drive-by shootings.
Another expands the statutory section on shoplifting by adding the crime of “organized retail theft,” which is defined, essentially, as removing merchandise from a store without paying and with the intent of selling or trading the item for something of value. It also applies to shoplifters who use an “artifice or device” to facilitate the shoplifting, and changes statute so that a person using such a device can be prosecuted for a Class 4 felony, rather than a lesser Class 6 felony.
Lawmakers also passed legislation that now prohibits the state from implementing an enhanced driver’s license as part of the federal Western Hemisphere Travel Initiative. It also instructs the Arizona Department of Transportation to notify the Governor’s Office if the federal Homeland Security Department attempts to secure state participation in the program.
Also, people who are found to be acutely disabled, or those determined to be a danger to themselves or others, may apply for restoration of their rights to own firearms. But the people to whom the law applies must prove by “clear and convincing evidence” that they no longer suffer from the condition that warranted removal of their rights.
The law criminalizing dog fighting was expanded to include the definition of “animal fighting,” and it applies to any fight in which animals are intended to injure each other.
The law that allows people to take guns into restaurants and bars also went into effect. If bar or restaurant owners object to having weapons on the premises, they must post a sign stating so.
Lawmakers doubled the production limit for a brewery to qualify for microbrewery status. The cap is now at 1.2 million gallons of beer produced each year.
The minimum amount of time a stray animal may stay at a pound before being euthanized was extended to 120 hours from 72 hours.
And two laws that were intended to put additional restrictions on abortion were slated to take effect, but a judge has granted an injunction until the court decides on legal challenges to the laws.
S1102 (Chapter 4): AHCCCS; ELIGIBILITY DETERMINATIONS
Effective Date: Some portions of this bill took effect April 24, 2009. Others became effective Sept. 30, 2009
Summary: Adult members of AHCCCS who do not have dependent children must undergo eligibility redetermination annually (previously, every six months), effective April 24, 2009. (Note: passage of this act was necessary for the state to qualify for increased federal funds as part of the American Reinvestment and Recovery Act.)
H2324 (Chapter 9): HEALTH INSURANCE; INDIVIDUALS; COVERAGE EXEMPTIONS
Summary: Hospital service corporations, health care services organizations and disability insurers may offer health insurance contracts or policies to uninsured individuals who are not subject to various statutory requirements for health insurance. The requirements that are exempt include medical supplies conveniently accessible to subscribers, certain coverage for alcoholism and psychiatric disorders, procedures for standing referrals, maternity coverage for adopted children, and prohibitions against denying coverage of various contract benefits such as psychologist, physical therapy, chiropractic and certain prescription drug benefits.
H2001 (Chapter 13): STATE MONUMENTS; REPAIR FUND; PURPOSE
Summary: The 10 percent of contributions raised by proponents of a monument proposed for the government mall is to be set aside for the maintenance, repair or relocation of that specific monument (Note: Previously, the 10 percent was to be pooled for maintenance, etc, of all monuments on the mall). The Department of Administration is authorized to account separately for the money dedicated for each monument’s maintenance and repair. Additionally, the deadline for dedication of the proposed Bill of Rights Memorial is extended to Dec. 31, 2013, from Sept. 30, 2009.
H2006 (Chapter 14): SCHOOLS; JUVENILE PROBATION OFFICERS
Summary: The list of discretionary powers of school boards and of charter schools is expanded to include entering into an agreement with the presiding judge of the juvenile court to assign juvenile probation officers to help implement the Public School Safety Program (defined in ARS 15-154). Cost of the officers’ participation shall be borne by the school.
H2014 (Chapter 15): MUNICIPALITIES; EXCHANGE OF REAL PROPERTY
Summary: The authority for a municipality to exchange a parcel of real estate it owns for another that is of substantially equal value is no longer limited to parcels located within the incorporated limits of the city or town.
H2048 (Chapter 16): MUNICIPAL ELECTIONS; SIGNATURE REQUIREMENTS
Summary: A city that holds nonpartisan elections may set the minimum number of signatures required on the nominating petition for mayor or other office elected at-large to be either 1,000 or 5 percent of “the vote in the city,” but in no case more than 10 percent of the vote. Formerly, the minimum number of signatures required was 5 percent.
H2310 (Chapter 17): SUBDIVISION PUBLIC REPORTS
Summary: The time period within which the Department of Real Estate must determine whether a subdivision public report required of developers is complete is reduced to 10 business days from 15 business days after submission. If the department fails to certify within the 10 day period that the submission is complete, the public report is deemed to be complete.
H2312 (Chapter 18): SMALL SPECIAL DISTRICTS; FINANCIAL REVIEW
Summary: The requirement that a special taxing district whose annual budget is less than $100,000 must have a financial review at least once every two years is modified to state that a district with a budget of less than $50,000 must have a financial review only when requested by the county board of supervisors or upon a written request signed by 10 or more residents of the district. The completed review or audit must be submitted to the county treasurer and board of supervisors within 180 days of receipt of the request for review.
H2450 (Chapter 19): HONORARY DIPLOMAS; WAR VETERANS
Summary: Restores with some changes a section of statute that expired on Jan. 1, 2007, to require that the State Board of Education adopt rules to enable the conferring of an honorary high school diploma to military veterans residing in this state. A minimum age requirement is replaced with one that states the person must be a veteran of WWI, WWII, the Korean conflict or the Vietnam conflict. The requirement that the person was honorably discharged is deleted.
S1008 (Chapter 20): ADJUTANT GENERAL RETIREMENT AGE
Summary: The retirement age for the state adjutant general (who by statute is the director of the Dept of Emergency and Military Affairs) is changed from 64 to the age provided by federal law relating to state adjutants general.
S1009 (Chapter 21): BOARD OF FINGERPRINTING; HEARINGS
Summary: The good cause exception that may be granted to an applicant for employment who is otherwise required by statute to obtain a fingerprint clearance card from the Board of Fingerprinting may be denied if the applicant fails to appear at a good cause exception hearing before the Board. Also, in order to determine whether an applicant has been successfully rehabilitated, the board may ask for disclosure of evidence regarding substantiated cases of abuse or neglect of vulnerable adults. Formerly, the board was permitted to ask for disclosure only of instances of child abuse or neglect.
S1010 (Chapter 22): FAMILY LAW RULES; CONFORMING STATUTES
Summary: Various, apparently conforming, changes to domestic relations and family law statutes, changing references to rule numbers of civil law to rule numbers pertaining to family law.
S1157 (Chapter 23): DEPT OF ENVIRONMENTAL QUALITY; CONTINUATION
Summary: The statutory life of the Department of Environmental Quality is extended five years to July 1, 2014. Retroactive to July 1, 2009.
S1178 (Chapter 25): HOMELAND SECURITY; COUNCILS; COORDINATING; ADVISORY
Summary: The statute authorizing formation of the 25-member Department of Homeland Security Coordinating Council is repealed and replaced with language establishing a smaller Senior Advisory Committee within the Department of Homeland Security. In addition to members as required by federal regulations, members of the Advisory Committee must include four legislators. Membership in the five regional homeland security advisory councils is expanded to 14 members from 12 by adding two additional members-at-large. The terms of all members are increased to three years from two, and the terms are to be staggered. The list of duties of each council member is expanded to include maintaining communication with other offices and organizations within the members’ professional discipline in the region.
S1290 (Chapter 26): WILDFIRE SUPPRESSION; PAYMENT OF CLAIMS
Summary: Claims for reimbursement for wildfire suppression on non-federal land are to be paid by the state forester from available money in the Fire Suppression Revolving Fund not committed to the payment of other wildfire expenses. If there is insufficient money in the fund, the claimant shall be issued a certificate for payment from the next session of the Legislature. For a fire on federal land, the forester should forward the claim to the appropriate federal agency.
S1303 (Chapter 27): OPEN MEETING LAW; MINUTES; NOTICE
Summary: For a municipality with a population greater than 2,500, the posting to the entity’s website as required by the state’s open meeting law as to the official minutes or summary of legal actions taken by the governing body or an advisory or subcommittee must remain on the website for a minimum of one year. The 24-hour public notice period required for meetings of public bodies may include Saturday if certain conditions are met but does not include Sundays or official state holidays. Also charter school governing board meetings are specifically included in the requirement that public bodies must file a statement with the Secretary of State identifying where their meeting notices will be posted.
S1313 (Chapter 28): PROJECT FINANCING REVIEW; EXTENSION; REPEAL
Summary: Repeal of statues exempting nonprofit nursing homes, rest homes and skilled nursing facilities from a multiple review requirement in statutes pertaining to Industrial Development Authority bonds is delayed five years to Dec. 31, 2014.
S1323 (Chapter 29): EMERGENCY MUTUAL AID AGREEMENTS
Summary: Counties, municipalities and special taxing districts are specifically authorized to enter into mutual aid agreements with other entities that provide water or wastewater services. The agreement must address responding to emergencies that affect water and wastewater services and specify how the costs of providing emergency service will be reimbursed by the government entity that requests aid.
S1407 (Chapter 30): HEALTH SPA CONTRACTS; MILITARY MEMBERS
Summary: Health spa contracts must allow a customer to cancel or suspend the contract if the customer is a member of the U.S. military serving on federal active duty and deployed outside Arizona. The contract must also permit reinstatement by the customer without fee and at the same rates within two years of suspension.
S1429 (Chapter 31): GOLD STAR MILITARY MEDAL
Summary: At the request of the president of the Senate and speaker of the House, the Department of Veterans’ Services is authorized to confer the Arizona Gold Star Military Medal to qualified members of the armed forces who were killed in action after September 11, 2001. General Fund moneymay not be used to design, manufacture or produce the medal.
H2081 (Chapter 32): INCOME TAX CREDIT REVIEW SCHEDULE
Summary: The statute prescribing the schedule under which the Joint Legislative Income Tax Credit Review Committee must review various tax credits is repealed and replaced in part to ensure that each credit is reviewed once every five years.
H2083 (Chapter 33): 2009 TAX CORRECTIONS ACT
Summary: Corrections to the tax code as recommended by the Department of Revenue and Legislative Council. Changes are for clarification or to blend conflicting statutes and are not intended to be substantive.
H2105 (Chapter 34): REVISER’S TECH CORRECTIONS; 2009
Effective Date: Portions of this bill became effective either upon the signature of the governor or on Sept. 30, 2009. Other portions will become effective July 1, 2013.
Summary: Various corrections in statutes, none of which are intended to be substantive. An annual exercise.
H2110 (Chapter 35): PUBLIC RETIREMENT PLANS; FEDERAL CHANGES
Effective Date: Portions of this bill became effective either upon the signature of the governor or on Sept. 30, 2009.
Summary: Various changes to the Elected Officials Retirement Plan, the Corrections Officer Retirement Plan and the Public Safety Personnel Retirement System to comply with changes in federal regulations. Changes include: a cap to member compensation at $150K from Jan. 1, 1996 until Dec. 31, 2001; the cap increases to $200K beginning Jan. 1, 2002. Sets new annual limits to the amount of pensions (the limit beginning in 2002 is $160K). Also makes various changes for members who were called to military duty and then returned to employment.
H2118 (Chapter 36): RETIREMENT; ASRS; LTD AMENDMENTS
Effective Date: Portions of this bill became effective on Sept. 30, 2009. Other portions will become effective on Jan. 1, 2010.
Summary: Various changes to statutes pertaining to the Arizona State Retirement System, including: requiring a employee eligible for a cash payment for accumulated sick leave to establish a retirement date not more than 31 days after termination of employment; clarifying that if a person changes retirement plans, the new plan shall not apply service credits transferred from the prior plan until the new plan receives full payment, at which time the person’s rights under the old plan are extinguished. Beginning July 1, 2010, members who wish to purchase service credits (from military service, leaves of absence or from federal employment) must have at least five years of credited service with an ASRS employer. If an employer makes retirement contributions to ASRS on behalf of an employee who is not eligible for ASRS membership and either the ASRS or a court determines the person is legally obligated to receive benefits, the employer is liable for any unfunded liability. Establishes criteria whereby a retired member who returns to work with an ASRS employer may still receive retirement benefits; however, the person does not accrue credited service nor is permitted to purchase service for the period after returning to work. Requires ASRS to determine the employer contribution rate for long-term disability (LTD) annually instead of biennially and makes additional changes in LTD statutes.
H2123 (Chapter 37): LICENSE PLATE COMMISSION REPEAL
Summary: Repeals statutes establishing the Arizona License Plate Commission. Current special organization license plates authorized by the commission remain valid unless the Legislature specifically terminates those plates. Special plates may be combined with personalized plates if the organization makes the request and pays the costs necessary to implement the combination.
H2133 (Chapter 38): MOTORCYCLE SAFETY COUNCIL; SUNSET
Summary: Extends the statutory life of the Arizona Motorcycle Safety Advisory Council and continues the requirement for $1 of each motorcycle registration fee to be deposited in the Motorcycle Safety Fund for six additional years, through June 30, 2016.
H2145 (Chapter 39): INSURANCE; NETWORK PLAN; DEFINITION
Summary: The definition of a “network plan” in statutes governing health insurance is expanded to include providers who are licensed pursuant to statutes governing hospital and medical service corporations (ARS 20-821 et. seq.). Currently, the definition is restricted to insurers as determined by the director of the Dept of Insurance regarding the geographic service area in which a health care provider may operate. Additionally, the list of standard medical references used to determine the drugs for the treatment of cancer that health insurance prescription drug plans must cover is modified to add specified compendiums and to delete the American Medical Association Drug Evaluations and Drug Information for the Health Care Provider.
H2159 (Chapter 40): BOARD OF PODIATRY EXAMINERS; CONTINUATION
Summary: The statutory life of the Board of Podiatry Examiners is extended two years to July 1, 2011. Retroactive to July 1, 2009.
H2164 (Chapter 41): PHARMACISTS; ADMINISTRATION OF IMMUNIZATIONS
Summary: Licensed pharmacists are authorized to administer immunizations and vaccinations that are included on a list established and maintained by the Dept of Health Services. The Board of Pharmacy must appoint an advisory committee to assist it in adopting rules and protocols regarding pharmacists administering immunizations and vaccinations. The advisory committee, whose responsibility also includes recommending to the department the list of immunizations pharmacists are permitted to administer, sunsets on Jan 1, 2012.
H2199 (Chapter 42): CORPORATIONS & LLC OMNIBUS
Summary: Filing an affidavit with the Corporation Commission evidencing publication of various documents (articles of incorporation, articles of domestication, reorganization, amendments, etc) is made permissive rather than mandatory. Articles of corporate dissolution, dissolution of an electric cooperative or notice of withdrawal from the state of a foreign corporation must be published within 60 days of approval by the commission. Stipulates requirements for service of process, notice or demand on corporations. More.
H2202 (Chapter 43): COUNTY STORMWATER MANAGEMENT; REFERENCE CORRECTION
Summary: A reference to the Arizona Administrative Code relating to county storm-water management is corrected.
H2222 (Chapter 44): SPECIAL LICENSE PLATES
Summary: The list of special license plates authorized for vehicles registered in this state is expanded to include the Arizona Cardinals Football team and emergency medical services. For the Cardinal’s special plate, the $17 contribution portion of the $25 annual registration fee is to be allocated to the Cardinal’s Foundation. For the emergency medical services plate, the donation is to be used for public purposes related to emergency medical services. Also for the Gold Star family special plate already in statute, the donation is to be used for the construction and maintenance of the Enduring Freedom Memorial authorized for placement in Wesley Bolin Plaza rather than for the benefit of an immediate family member of a person who died while on active duty in the military.
H2330 (Chapter 46): BIODIESEL FUEL DISPENSERS; LABELING
Summary: Biodiesel blends with less than 5% biodiesel are no longer exempt from labeling requirements for biodiesel fuel dispensers. Labeling must conform to federal regulations. Permits the label on a container of diesel fuel that contains less than 5% biodiesel to state “may contain up to 5% biodiesel.” Also, transfer documents prepared by the seller of biodiesel blend for product that contains less than 5% biodiesel must notify the person to whom the product is transferred the volume percent of biodiesel intentionally added to the product.
H2399 (Chapter 47): AUTOMATED EXTERNAL DEFIBRILLATORS
Summary: An entity that acquires an automated external defibrillator no longer needs to have an agreement with a physician t0 oversee training, testing, use protocols and deployment strategies. The physicians’ responsibilities are limited to overseeing “the aspects of public access” to the device. Actions related to training and testing formerly performed by the physician are now the responsibility of the person or entity that acquires the device.
H2435 (Chapter 48): AMENDMENTS; SELF-STORAGE UNITS
Summary: The method of notice that the owner/operator of a self-service storage facility must use before assessing a late fee or selling the contents of a storage unit for non-payment of rent is changed to “verified mail” from “certified mail.” Verified mail is defined as any level of service at the post office that provides proof of mailing. The requirements that notice of a sale of the contents of a unit be published in a newspaper is deleted. For a sale to be deemed “commercially reasonable,” at least five bidders must be present who are not related to the operator.
H2441 (Chapter 50): LIQUOR LICENSES; PUBLIC RECREATION AREA
Summary: The list of exemptions to the prohibition against consuming liquor in a public place is expanded to include consuming beer or wine from an open package in a public recreation area if the person is part of a group that has been granted a special event consumption license.
H2461 (Chapter 51): DEVELOPMENTAL DISABILITIES; PROGRAM PLANS; BURIAL
Summary: Stipulates that the program plan for a developmentally disabled person eligible for state benefits must also include instructions related to the person’s burial arrangements and that burial of the person is not a financial obligation of the state. Monies reserved for this purpose are not excluded from the income eligibility requirements for Arizona’s long-term care system but are excluded from eligibility requirements for Social Security benefits.
H2480 (Chapter 52): REGIONAL TRANSPORTATION AUTHORITY; QUALIFYING COUNTIES
Summary: The minimum population level for a county to be permitted to form a regional transportation authority with power to levy an excise tax and to bond for projects is lowered to 200,000 from 400,000.
H2581 (Chapter 53): LIBRARY DISTRICTS; COUNTY REIMBURSEMENT
Summary: The list of special taxing districts from which the county board of supervisors may require reimbursement for providing certain administrative service is expanded to include county free library districts.
S1097 (Chapter 54): EMERGENCY MEDICAL SERVICES; RECORDS; CONFIDENTIALITY
Summary: If a complaint is filed against an ambulance company or EMT, the Department of Health Services must notify the company or person at least 30 days prior to an informal interview on the complaint that the company or person has the right to request the name of the person making the complaint and any documents associated with the complaint. The department must comply except for information protected by privacy laws. Unauthorized disclosure of information received pursuant to this section law is a class 3 (lowest) misdemeanor.
S1100 (Chapter 55): BIOMEDICAL RESEARCH COMMISSION; CONTINUATION
Summary: The statutory life of the Biomedical Research Commission is extended ten years to July 1, 2019. The commission’s purpose is to investigate funding mechanisms for research into the causes, treatment and cures of diseases. Retroactive to July 1, 2009.
S1104 (Chapter 56): HEALTH CARE INSTITUTIONS; LICENSING
Summary: The authority granted to the Board of Nursing Care Institution Administrators and Assisted Living Facility Managers to charge specific fees for various licenses and certificates is changed to charging fees as prescribed by rule. The board must adopt a rule to limit the annual percentage increase in fees that it may impose.
S1106 (Chapter 57): DOMESTIC VIOLENCE; CHILD CUSTODY
Summary: Makes various changes in the list of factors used by the court to determine child custody, including adding to the list a determination of whether domestic violence or child abuse has occurred. The court must exclude from the list a consideration of which parent will likely allow “frequent and meaningful” contact with the other parent if one parent has acted in good faith to protect the child from witnessing an act of domestic violence or from being the victim of domestic violence or child abuse. Also, while awaiting a judicial determination of paternity, the list of factors a court may use to determine whether to issue an order of support or a temporary order regarding custody and parenting time is reduced by deleting “other clear and convincing evidence as determined by the court.”
S1134 (Chapter 58): COMMISSION FOR POSTSECONDARY EDUCATION; CONTINUATION
Summary: The statutory life of the Commission for Postsecondary Education is extended ten years to July 1, 2019. A purpose section states that, among other things, the commission conducts a review of public and private postsecondary education institutions in the state to determine their eligibility for student financial aid monies.
S1146 (Chapter 59): EXPENDITURE LIMITATION; PENALTY; PIMA
Effective Date: Some portions became effective Sept. 30, 2009. Others will become effective July 1, 2019.
Summary: The statutory penalty imposed on the Town of Pima for exceeding its expenditure limitation is set at $93,904 and is to be paid in five equal annual installments beginning in fiscal year 2009-10. Also, if a community college district exceeds its spending limit due to expenditure of revenues generated by its college bookstore, the district shall be assessed a penalty of $100 but shall not have its state aid reduced or withheld. Self repeals on June 30, 2019. Retroactive to June 30, 2009.
S1148 (Chapter 60): DEED RESTRICTIONS; FOR SALE SIGNS
Summary: The right of a property owner to display a for sale sign on that property may not be infringed as long as the size of the sign conforms to industry standards.
S1180 (Chapter 61): TOWING COMPANIES; RELEASE OF VEHICLES
Summary: Various requirements are placed on a towing company related to the release of a vehicle from its impound lot, including that the company may not charge a person for access to personal property within the vehicle if done during business houses and it must provide a detailed written statement of all charges. Towing operators must notify the driver of a vehicle being towed that was disabled due to an accident that any repair shop may be chosen and must disclose any commonality of ownership between the towing company and a repair shop. Further, a towing company may not remove a vehicle from its lot without prior permission of the vehicle owner or insurance company.
S1256 (Chapter 63): MINING OMNIBUS
Summary: The fee collected by the state Mine Inspector when the owner or operator of an aggregate mining unit submits a reclamation plan is also imposed upon submission of a “substantial change” to an approved plan. The Mine Inspector is also authorized to assess and collect education and training fees to train miners in the state. The list of powers of the board of governors of the Dept of Mines and Mineral Resources is expanded to include soliciting monies for research to promote development of mining and mineral industries in the state.
S1259 (Chapter 64): AGGREGATE MINE RECLAMATION; INITIATION; EXTENSION
Summary: The list of conditions under which the state Mine Inspector may authorize a delay in initiating reclamation for an aggregate mining unit is expanded to include changing market conditions and demand for the commodity being mined.
S1260 (Chapter 65): AGGREGATE MINE RECLAMATION LAW; EXEMPTION
Summary: Conditions are set forth under which an aggregate mining unit that is intermittently used for specific governmental projects is exempt from regulatory and reclamation provisions otherwise required.
S1265 (Chapter 66): UCC; CASHIER’S CHECKS; WARRANTS
Summary: Procedures are stipulated in the Uniform Commercial Code whereby a claimant may request payment if a cashier’s check or certified check is lost. Also, an electronic image of a local government warrant (equivalent of a government check) provided by the servicing bank is deemed to be properly presented for payment when transmitted to the treasurer in a format approved by the treasurer.
S1266 (Chapter 67): WORKERS’ COMP; DRUGS & ALCOHOL
Summary: Provisions in workers’ compensation statutes that allow denial of a claim for work-related injury or death if the accident was due to the impairment of the employee due to alcohol or drugs are deleted. (Note: language deleted by this act was deemed unconstitutional by the Arizona Supreme Court decision in ~Grammatico and Komalestewa v. The Industrial Commission.~)
S1271 (Chapter 68): TRUST DEEDS
Summary: The circumstances under which a foreclosed one- or two-family dwelling is sold at auction for less than the amount of the loan and the lender is prevented from entering into an action against the former owner (the “trustor”) to recover the difference (officially termed the “deficiency”) are changed to require that the trustor must have lived in the property for a minimum of six consecutive months. [Formerly there was no requirement that the trustor had occupied the property for any length of time.] The trustor is responsible for demonstrating the property was used as a residence for the required time.
S1285 (Chapter 69): CPS INFORMATION; REDACTIONS; CHALLENGES
Summary: If a child dies or nearly dies as a result of abuse, neglect or abandonment, a legislator has legal standing to ask a court to order the release of otherwise confidential CPS information or to challenge CPS redaction of released information.
S1294 (Chapter 71): STATE LAND SALES; DEFAULT
Summary: Changes in the procedures employed when a successful bidder for state land defaults on payment. Also, the list of terms the Land Commissioner is authorized to establish as a condition of the sale of state land is expanded to include that the successful bidder must pay the entire balance within 30 days of the auction.
S1297 (Chapter 72): FLOOD CONTROL DISTRICTS; REMAINDER PARCELS
Summary: If a part of a parcel of land is required by a flood control district but the remainder is not an economically viable parcel such that it would expose the district to potential legal action by the owner, the flood control district is authorized to acquire the entire parcel and to sell or exchange the unneeded part for other properties needed for flood control use.
S1318 (Chapter 74): GEOSPATIAL DATA; GEOGRAPHIC INFO COUNCIL
Summary: The Arizona Geographic Information Council is given statutory authority. [Capitol Reports note: the council was originally formed by executive order.] Various definitions in statutes dealing with public lands are changed to, among other things, include terms such as “geospatial data” and “geographic information system.”
H2031 (Chapter 75): SCHOOLS; CONTRACTORS; FINGERPRINT CLEARANCE CARDS
Summary: The requirement that a school district must either fingerprint or require submission of a set of fingerprints from any contractor, subcontractor, vendor or employee of the above is replaced with language stating the contractor must supply a valid fingerprint clearance card. A charter school that complies with statutory fingerprinting requirements is entitled to the same protections as compliant school districts. Participants in a teacher preparation program who do not take part in either field experience or student teaching are not required to submit fingerprint clearance cards. The immediate dismissal of a certificated teacher arrested or charged with a serious crime or a sexual offense who does not immediately report the arrest to his/her supervisor is not subject to a hearing.
H2157 (Chapter 77): WILDLIFE; AQUATIC INVASIVE SPECIES
Summary: The director of the Game and Fish Department is authorized to establish an aquatic invasive species program to establish a list of aquatic invasive species and to take steps to eradicate or abate their spread. Establishes prohibitions against possessing, importing, placing or releasing an aquatic invasive species in this state. Watercraft or any equipment that has been in waters where aquatic invasive species are located must be decontaminated or not allowed to enter Arizona waters for 30 days. Violators are subject to a fine of up to $500; intentional violation is a Class 2 misdemeanor. Exemptions for the owners of canals or other water delivery systems, water treatment facilities, drainage facilities, aquariums and stock ponds.
H2265 (Chapter 78): CHILD CARE FACILITIES; LICENSURE; EXEMPTIONS
Summary: The exemption from requirements governing day care facilities granted to an entity providing recreational or instructional activities at which children may enter and depart at their own volition is clarified to state that the facility must post a notice stating it is not a licensed child care facility. The exemption is unaffected even if children log in and out.
H2281 (Chapter 79): APPROPRIATIONS FOR NAMED CLAIMANTS
Effective Date: N/A
Summary: Appropriates approximately $256,000 to a variety of named parties to satisfy claims against the state. An annual exercise.
H2286 (Chapter 80): TAX CREDIT; CHARITABLE ORGANIZATIONS
Summary: Makes changes to the tax credit for taxpayer contributions to qualified charities, including allowing the credit only if the taxpayer itemizes deductions for the taxable year and establishing requirements and procedures for the certification of a charitable organization for purposes of the credit. The list of qualified charities is expanded to include those that provide temporary assistance to state residents who are chronically ill or physically disabled children. Charitable organizations that have previously been certified must send the Dept of Revenue another written certification containing the information required by this legislation in order to be recertified. Retroactive to January 1, 2009.
H2301 (Chapter 81): DOMESTIC MICROBREWERIES; PRODUCTION CAP
Summary: The annual production limit for a brewery to qualify for microbrewery status is doubled to 1,240,000 gallons of beer per year from 620,000 gallons. (Note: Breweries that produce in excess of the threshold amount for microbreweries are required to be licensed as a “producer.”)
H2326 (Chapter 83): RETIREMENT; CORP; OMNIBUS AMENDMENTS
Summary: Various changes to statutes governing the Corrections Officer Retirement Plan, including modifying the responsibilities of locals boards, allowing the fund manager not to comply with local board decisions that violate the Internal Revenue Code or threaten the plan’s status, permitting members with at least 10 years of service to receive a deferred annuity unless the person withdraws his/her accumulated contribution, in which case the person forfeits rights to a deferred annuity, establishing penalties for fraud or theft of the plan or of a participating employer, and designating CORP as a jural entity that may sue and be sued. If a member who has been retired for a minimum of 12 months returns to work in a designated position, the member may continue to receive a pension; however the member shall not make contributions to the fund nor accrue credited service. Also makes clarifying changes to benefits for surviving spouses and children of deceased members. On July 1 of the year following actuarial determination the plan is 100 percent funded, otherwise eligible employees whose customary employment is for six months or less in a calendar year may become plan members.
H2323 (Chapter 84): HEALTH INSURANCE; SMALL BUSINESS COVERAGE
Summary: The time period during which a small employer (defined as those with from two to 50 employees) does not provide health benefits before it may contract with an insurer to provide coverage that is exempt from otherwise mandatory coverage laws is reduced to 90 days from six months. Similarly, an individual must be uncovered by health insurance for 90 days before being eligible for a policy that excludes otherwise mandatory coverage for items like maternity, psychiatric treatment, prescription drugs and medical foods as treatment for inherited metabolic diseases, and treatment related to disabilities.
H2333 (Chapter 85): ARIZONA TRUST CODE
Summary: Various changes to the Arizona Trust Code, including establishing regulations for express total return unitrusts, allowing a trustee with absolute discretion to invade the principal of a trust for the benefit of a beneficiary to exercise that discretion in a specified manner without prior court approval, exempting trustee compensation or fees from the definition of “profit” for which a trustee is accountable to a beneficiary, allowing a personal representative to consider community property held outside an estate when making a distribution of community property held in the estate, and removing the exemption from statute related to trust protectors for trusts created prior to the effective date of that statute. The maximum duration for a non-charitable trust is increased to 90 years from 21 years. If a change occurs in the trust’s principal place of administration to another state or to a jurisdiction outside the U.S., the court has the authority to order, approve or disapprove of a change in the applicable law governing the trust. Expands the list of irrevocable inter vivos trusts to which money and property contributed shall not be deemed to have been contributed by a settlor. The list of items for which a trustee is not accountable to the trust beneficiaries (absent a breach of trust) is expanded to include remuneration for investment services.
H2336 (Chapter 86): RENEWABLE ENERGY INCENTIVE DISTRICTS
Summary: Circumstances are prescribed under which counties and municipalities are authorized to designate renewable energy incentive districts. If formed, the county or municipality must adopt a plan to encourage the construction and operation of renewable energy equipment, including expedited zoning procedures and permitting and a waiver or abatement of certain fees.
H2346 (Chapter 87): CHARTER SCHOOLS; LEASED PROPERTY
Summary: For property tax purposes, property owned by an entity other than an educational, religious or charitable organization that is leased to a charter school is classified as Class 9, which carries an assessment ratio of 1 percent. The owner of the land must file an affidavit with the county assessor claiming qualification for the classification change. This act also clarifies that property owned by an educational, religious or charitable organization that is leased to a charter school is completely exempt from property tax.
H2357 (Chapter 88): PUBLIC EDUCATION; STUDENTS’ RELIGIOUS LIBERTIES
Summary: Every public educational institution must adopt a policy regarding voluntary expression of religious viewpoints by students and must not discriminate against students or parents on the basis of a religious viewpoint or expression. If in the course of completing an assignment a student expresses a religious viewpoint, the instructor shall neither reward nor penalize the student for that expression. Students must be permitted to pray or engage in other religious activities during the day in the same manner and to the same extent as they do nonreligious activities. Similarly, they must be permitted to wear clothing that displays religious messages to the same extent that clothing that displays other types of messages is permitted. The short title of this act shall be known as “The Students’ Religious Liberties Act.” Severability clause.
H2425 (Chapter 89): STATE TREASURER; MANAGEMENT FEES
Summary: The maximum management fee the state treasurer is authorized to charge investment pools that deposit money with it is halved to 6 basis points (0.06 percent) from 12 basis points. Proceeds are to be used to offset legislative appropriations for the Treasurer’s Office rather than deposited in the General Fund.
H2432 (Chapter 90): SCHOOL BOARD MEMBERSHIP; FAMILY MEMBERS
Summary: For school boards composed of five members, two persons related as immediate family (defined as a married couple with their children) who have the same household or residence within four years prior are not permitted to serve on the same school board or be candidates for election to the same school board simultaneously.
H2495 (Chapter 91): IN-STATE TUITION; VETERANS
Summary: For the purpose of tuition at state universities, a person who was serving in the armed forces at an Arizona military installation when the person was honorably discharged is immediately eligible for in-state tuition regardless of whether the person has an Arizona driver license, voter registration or other proof of residence otherwise required.
S1103 (Chapter 92): PARTNERSHIP FOR NURSING EDUCATION
Summary: The sunset date for the Arizona Partnership for Nursing Education Demonstration Project, funded in the 2005 higher education BRB (Laws 2005, Chapter 330, Sec 15), is extended five years to June 30, 2015.
S1151 (Chapter 93): CONVENIENCE FEE; DEFINITION
Summary: The list of credit card transactions on which the state may levy a convenience fee is expanded to include a voice response portal in addition to an Internet portal. (Note: A convenience fee is already defined in statute as an additional fee charged on a transaction for acceptance of a credit card that would not be charged if the same transaction were completed by a method of payment other than credit card.)
S1182 (Chapter 94): STATE TREASURER; WARRANT NOTES
Summary: If the state runs out of cash and must issue treasurer’s warrants to pay its obligations, the State Treasurer is not first required to use Budget Stabilization Fund money, divest funding obligations of the State Transportation Board, or sell investments of operating funds if they are earning a rate of interest greater than the cost of issuing warrants.
S1196 (Chapter 95): EDUCATION OMNIBUS
Summary: Makes numerous changes regarding education, including requirements pertaining to fingerprinting, retirement benefits, academic receivership and charter schools. Also among the changes: the list of persons required to submit an identify-verified fingerprint card is expanded to include any participant in a field experience, student teacher or a person contracted to provide tutoring services. If a vacancy exists on a school district governing board or a charter school’s board of directors, a majority of the remaining members constitutes a legal quorum, except a one-person quorum is prohibited. Charters may give enrollment preference to certain pupils, for example children of employees of the school, of the charter holder, of the governing board, etc. Charters are permitted to offer instruction to pupils of a single gender if approved by the charter sponsor. The list of duties of the state Board of Education is expanded to include adoption by rule of an alternative certification process for teachers of “nontraditional foreign languages” that allow for passing of a nationally accredited test to substitute for education coursework otherwise required for teacher certification. Procedures are put in place whereby a school district half of whose schools are underperforming and one of whose schools is failing to meet standards may be subject to an alternative operation plan by the Board of Education. The Superintendent of Public Instruction (SPI) is authorized to establish an evaluation system and to implement a performance pay plan for employees of the Dept of Education. The list of special needs pupils is changed to consolidate several formerly separate categories of delayed development into a newly created category of “developmental delay” that also expands the definition to include new areas. If a school governing board offers post-employment benefits (e.g., payment of health insurance premiums for retired employees), the monies to fund this program may be deposited in a special account or trust account or both. A supplemental employee deferral plan, administered by the ASRS, is authorized for public employees other than state employees to permit them to save additional tax-deferred monies for retirement. Extends the statutory life of the Commission for Postsecondary Education 10 years to July 1, 2019. Municipalities are prohibited from levying a tax on the use or consumption of tangible property by a school district or charter. Removes the pilot status from the Technology Assisted Project-Based Instruction (TAPBI) Program, changing its name to the Arizona Online Instruction Program, and makes necessary changes to open the program to any district or charter. Requests by parents regarding information about parental involvement or the school’s curriculum may be submitted in writing to the principal or superintendent, and, if not responded to within 15 days, submitted to the school board which must calendar it for consideration at its next public meeting.
S1403 (Chapter 96): RENEWABLE, HIGH-WAGE INDUSTRIES INCENTIVES
Effective Date: Some portions of this bill became effective Sept. 30, 2009 and some will become effective Jan. 1, 2016.
Summary: For tax years 2010 through 2015, tax incentives, including income tax credits and changes to a property tax classification with a lower assessment ratio, are allowed for expanding or locating qualified renewable energy operations in Arizona. Criteria for income tax and property tax breaks are prescribed. Generally, income tax breaks are conferred depending on compliance with a set of salary and benefits requirements. Aggregate income tax credits in one year cannot exceed $70 million. Property tax breaks are conferred if certain levels of capital investment are made and salary requirements are met.
S1437 (Chapter 97): SCHOOLS; GUN SAFETY INSTRUCTORS; CERTIFICATION
Summary: The list of instructors permitted to teach the Arizona Gun Safety Program Course is expanded by adding those certified by a national association of firearms owners. Formerly, only those certified by the Game and Fish Department were permitted to teach the course.
H2099 (Chapter 98): CHARTER SCHOOLS; ZONING
Summary: Charter schools are subject to the same level of zoning oversight and the same ordinances, limitations and requirements as would a school operated by a school district in the same neighborhood or district. County or municipal zoning regulations cannot prohibit a charter school in a neighborhood or district if a school operated by a school district is allowed in the same neighborhood or district. However, the jurisdiction may adopt an ordinance prohibiting a charter from operating in an existing single family residence on a site of less than one acre.
H2173 (Chapter 99): NOTIFICATION; COMPLAINT; REGISTRAR OF CONTRACTORS
Summary: The time period during which the buyer of a newly constructed dwelling may file a complaint with the Registrar of Contractors (ROC) against the homebuilder is changed to two years after the close of escrow or actual occupancy, whichever occurs first, instead of two years after the commission of a violation. The list of actions for which a contractor may have his/her contractors’ license revoked or suspended is changed to delete the commission of “wrongful acts” (Note: The commission of fraudulent acts remains a cause for suspension or revocation). Language requiring the use of ten-point type in a contract to explain a customer’s rights to file a complaint with the Registrar is changed to state “at least” 10-point type. Instances when the contractors must use the ROC license number are clarified.
H2285 (Chapter 100): FIRE DISTRICT ASSISTANCE TAX; MERGERS
Summary: If two or more fire districts merge and if the annual total of the fire district assistance tax of all merged districts prior to the merger exceeded $300,000, the consolidated district may continue to receive the sum of the average assistance tax received by each district during the three years prior to the merger. Previously, the consolidated district received the total of the combined assistance tax of all merged districts for the year prior to the merger. Retroactive to January 1, 2008.
H2332 (Chapter 101): SCHOOLS; ENERGY CONTRACTS
Effective Date: Some portions of this bill became effective Sept. 30, 2009. Others will become effective July 1, 2013.
Summary: School districts and charter schools are authorized to establish an energy and water savings account that designates capital investment monies to fund specified energy or water saving projects in school facilities. Regulations are established for deposits to and expenditures from the account. School districts will retain the cost saving achieved by guaranteed energy cost saving contracts, and the savings may be used to pay for the contract and project implementation. The list of energy cost savings projects that qualify as an “energy cost savings measure” is expanded. Energy audits are required beginning one year after the completion of the project and repeated every three years. This act also includes two provisions unrelated to schools. For property tax purposes, appraisal guidelines adopted by the Dept of Revenue to be used by the department and county assessors must state that if a property owner provides required documentation to the assessing entity, energy efficient building components, renewable energy equipment and combined heat and power systems are considered to add no value to the property. Effective Jan 1, 2012, stated energy efficiency standards related to appliances sold in this state include portable electric spas and residential pool pumps and motors.
H2334 (Chapter 102): UNIFORM PRINCIPAL AND INCOME ACT
Summary: Makes changes to trust statutes pertaining to apportioning payments a trust receives as either income or principal. Apparently clarifies the trust’s income tax obligations in regards to the apportionment of income and principal. [Capitol Reports note: House research staff says the provisions of this bill are necessary to comply with IRS rulings and court decisions.]
H2371 (Chapter 103): UTILITIES; CONFIDENTIAL INFORMATION
Summary: The Dept of Revenue is permitted to release otherwise confidential customer information to utilities regarding whether an entity is a hospital or other health care organization and is thus eligible for a sales tax exemption on their utility payments.
H2375 (Chapter 104): FOSTER PARENTS; PARTICIPATION
Summary: The list of persons who have the right to attend the periodic proceedings required to review a court’s disposition of a question regarding child dependency is expanded to include foster parents who operate a receiving foster home in which the child resided for a least ten days. Previously, for these foster parents to be able to participate, the child had to have resided in the home for at least 30 days.
H2388 (Chapter 105): TRANSPORTATION; STAN MONIES; REPAYMENT
Summary: Municipalities that have received or will receive money from the Statewide Transportation Acceleration Needs (STAN) account as part of the Roads of Regional Significance Congestion Mitigation program must repay the money within 15 years of receiving the money. Effective for all STAN monies disbursed before, on or after the effective date of this act.
H2458 (Chapter 106): DOGS; CATS; RELEASE FROM POUND
Summary: The minimum time period a stray dog or cat must be kept at a pound before being euthanized is extended to 120 hours from 72 hours if the animal is wearing a license. A list of restrictions is placed in statute pertaining to the release from a pound to its owner of a dog or cat that has been confined to a pound for biting a person. One of the conditions must be met in order for the animal to be released. Conditions include: the animal was licensed prior to being impounded, sterilization and implantation of a microchip, or payment of a $50 recovery fee (in addition to any other fees required).
H2482 (Chapter 107): CIVIL AIR PATROL; FEDERAL MONIES
Summary: The civil air patrol is authorized to receive monies, either directly or indirectly, from the U.S. Dept of Homeland Security.
H2486 (Chapter 108): MORTGAGE BROKER LICENSING & REGULATION
Summary: The list of financial entities that are regulated and licensed by the Dept of Financial Institutions is expanded to include commercial mortgage brokers.
S1016 (Chapter 109): ADOPTION; CONSENT
Summary: After a hearing noticed to all parties who may be adversely affected, a court may waive the requirement of parental consent as a condition upon which the Department of Economic Security may be authorized to place a child for adoption. The court must determine that waiving the requirement is clearly in the child’s best interest.
S1018 (Chapter 110): MEDICAL MALPRACTICE; E.R TREATMENT; BURDEN OF PROOF
Summary: Clarifies that the standard of proof necessary to establish medical malpractice for hospital emergency departments (both for health care professionals and for the institution) is set as “clear and convincing.” For malpractice in labor and delivery cases, the standard of clear and convincing evidence is expanded to include cases when the patient’s medical information is not “immediately” available (formerly a malpractice case could be brought with a lower standard of proof if the patient’s medical records were not “reasonably” available).
S1048 (Chapter 112): EMERGENCY TELECOMMUNICATION SYSTEMS; ADMINISTRATIVE COSTS
Summary: The maximum amount of the Emergency Telecommunications Services Revolving Fund that may be used for administrative costs and consultants’ services is increased to 5% from 3%.
S1073 (Chapter 113): COUNTIES; POPULATION THRESHOLDS
Summary: The population thresholds that differentiates counties in terms of statutory authority to perform certain functions or to engage in certain activities are changed.
S1091 (Chapter 114): ELECTIONS; SECRETARY OF STATE; FILINGS
Summary: Numerous changes to election law. Removes the notice requirements and related civil penalties for the use of a candidate’s personal monies in a campaign, and removes contribution limit exemptions for such a candidate’s opponent. Nomination petitions for presidential electors must be filed between 60 and 90 days prior to the general election, and may be circulated by a person who is not an Arizona resident but who is otherwise eligible to vote if that person registers as a circulator with the Secretary of State. The crime of petition signature fraud is established as a class 1 misdemeanor, except that a person engaging in a pattern of petition signature fraud is guilty of a class 4 felony and prohibited from participating in elections and campaigns for five years. Requirements that ballots cast must be first removed from the ballot box and counted without being opened, and procedures for counting two or more ballots found folded together are deleted. The statewide database of voter registration is not subject to modification or further regulation by political subdivisions, and each county voter registration system is subject to approval by the Secretary of State. Cities choosing to hold nonpartisan elections may provide that the minimum number of signatures required for a nomination petition be 1,000 signatures or 5% of the vote in the city, whichever is less, but not more than 10% of the vote. The status of the Dept of Library Archives and Public Records is changed from being a legislative agency to being under the administrative control of the Secretary of State. [Note: because this act made changes to the Clean Elections Act, it required and received a 3/4 majority vote due to the Voter Protection Act (Prop 105).]
S1330 (Chapter 115): SPECIAL HEALTH CARE DISTRICTS; TERMS
Summary: The term of office for directors of special health care districts not located in Maricopa County is to be four years with all members’ terms expiring at the same time. [Capitol Reports note: directors of the Maricopa County Health District continue to serve staggered four-year terms]
S1373 (Chapter 116): INCOME TAX RETURNS; PENALTIES
Summary: Taxpayers who are subject to penalties for failure to pay at least 90 percent of the tax liability at the time of filing for an extension (per ARS 42-1107) are not also subject to penalties for failure to pay 100% of the taxes owed (per ARS 42-1125(D)). Previously, taxpayers could be subject to both penalties, up to a maximum combined penalty of 25 percent of the taxes due.
S1386 (Chapter 117): CHARTER SCHOOLS; CHARTER RENEWAL PERIOD
Summary: The renewal period for charter schools that are in compliance with all laws and its own charter may be increased to 20 years from 15 years. A charter may apply for early renewal by submitting a letter of intent to the school’s sponsor, who, after reviewing the terms of the contract and the school’s fiscal audits and academic performance data, shall provide the school with a renewal application.
S1421 (Chapter 118): SPECIAL DISTRICTS; SECONDARY LEVY LIMITS
Summary: Absent voter approval to the contrary, a fire district may not increase its tax levy more than 8 percent above the levy for the previous year to a maximum of $3.25 per $100 in assessed valuation. (Note: The fire districts tax levy is a secondary property tax based on the full cash value of the property.) Voters may authorize a permanent override to allow levies to increase more than 8 percent over that of the preceding year. The maximum tax rate of $3.25 per $100 may be overridden for a period of five years with voter approval only in cases where the total assessed valuation in the district declines by a total of at least 20% over two consecutive years. If voters approve an override of the $3.25 maximum tax rate, the annual increase in levy amount is limited to no more than 5 percent. Session law prohibits a fire district from assessing property taxes in tax year 2010 that exceed the amount levied in tax year 2008 by more than 16 percent. The Property Tax Oversight Commission is required to review the secondary property tax levy of fire districts to determine violations and enforce tax levy limits.
H2344 (Chapter 119): VULNERABLE ADULTS; FINANCIAL EXPLOITATION
Summary: Changes language in the statutory definition of theft to exclude cases in which a vulnerable adult’s assets are not used in a manner consistent with the adult’s best interest if the superior court gives approval or if the transaction is a gift consistent with a pattern of gift giving (defined in this act) by the adult before becoming vulnerable. If the adult is a client of Adult Protective Services, the exemptions are for actions for which the Superior Court has given prior approval and those authorized in a valid durable power of attorney or trust instrument executed by the vulnerable adult. Language describing the remedies available to the court in cases of financial exploitation of a vulnerable adult is changed to include revocation of powers exercised by the exploiter or severance of the interests of the adult and the exploiter. References to “incapacitated or vulnerable adult” are changed throughout to “vulnerable adult” with incapacitated adult being redefined as a vulnerable adult.
H2449 (Chapter 120): MANDATORY FINGERPRINTING; CENTRAL STATE REPOSITORY
Effective Date: Jan. 1, 2010
Summary: The fingerprints taken for all persons arrested for domestic violence, sexual offenses, or DUI must be ten-print fingerprints. The arresting authority or a booking agency must provide to each person a mandatory fingerprint compliance form containing specified information indicating proof of fingerprinting, and the person must present the completed form to the court. If the defendant fails to present a completed form, the court may keep the person in custody for ten-print fingerprinting. Also requires that before being released from custody, a person arrested for a misdemeanor or petty offense must provide a right index fingerprint to the arresting agency and requires the person to report to have a ten-print fingerprint card completed. Effective Jan 1, 2010.
H2530 (Chapter 121): RECKLESS DRIVING; PRIOR CONVICTIONS
Summary: The 24-month period within which a prior conviction for reckless driving will result in enhanced penalties for the instant violation is determined by the dates of the commission of the offenses irrespective of the sequence in which the offenses may have been committed.
H2572 (Chapter 122): SPECIAL DISTRICTS; PIMA SPORTS AUTHORITY
Effective Date: Portions of this bill became effective Sept. 30, 2009.
Summary: Pima County is authorized to form a sports authority special taxing district which must be approved by a vote of the people. Powers and duties of the district board are listed, including bonding authority, promoting spring training by financing, acquiring and building facilities, providing grants to local jurisdictions and non-profits to develop “sporting activities,” and using at least 10 percent of its revenues to promote youth sports and recreation. The tax rates, subject to voter approval, are: 0.35 percent of the gross proceeds of sales within the District from car rentals, 0.45 percent on hotel/motel rooms, 0.25 percent on restaurants/bars, 0.35 percent of admission to professional sporting events at facilities owned or financed by the District, 0.375% on amusements and sporting events, and 0.15 percent on retail businesses. The tax is terminated if at the end of 5 years, if at least 2 major league baseball teams have not executed binding contracts to train within the district for at least 10 years. The district is required to file quarterly reports with the Legislature and governor, and the auditor general is required to perform annual financial audits and a performance audit at least once every five years. A sports authority district established under this legislation succeeds to the responsibilities of any preexisting sports authority established by the board of supervisors. This legislation is conditionally repealed if the voters in Pima County reject the tax levy and bond issuance.
H2610 (Chapter 123): CIVIL LIABILITY; AFFIRMATIVE DEFENSES
Summary: In statutes dealing with product liability actions brought by a person who was harmed by law enforcement during commission of a felony, the manufacturer of a “police tool” is indemnified against liability rather than presumed “not to be negligent” if the product complies with existing statutes regarding safety and state or federal code. If the defense moves for dismissal or summary judgment on the basis of this section, the court must grant an expedited hearing. If the motion is granted, the court must award costs and fees to the defense. Also, the ability of the defendants to put forward an affirmative defense is extended to cases brought by the heir or estate of a deceased person. Finally, the list of items that are not admissible in any product liability action is expanded to include changes in product warnings issued by the manufacturer subsequent to the time the product was first sold by the manufacturer.
S1003 (Chapter 124): DUI; PRESCRIPTION DRUGS
Summary: Language pertaining to the exemption of a person using physician-prescribed medication from DUI statutes that relate to the presence of drugs in the person’s body is clarified to state that the medication(s) must be used as prescribed.
S1047 (Chapter 126): CHILD SAFETY; ABUSE & NEGLECT
Summary: The definition of “child abuse” is expanded to include unreasonable confinement of a child, and the definition of “neglect” is expanded to include a finding of fetal alcohol syndrome in an infant under one year of age, fetal exposure to dangerous drugs, or deliberate exposure of a child to various sexual conduct. Requires the court at a dependency hearing to determine whether there is a substantiated finding of child abuse or neglect for the purposes of entering reports of abuse or neglect into the central registry. Also, lengthens the time within which a CPS worker must enter a new case into the department’s case management database to 45 days from 21 days.
S1059 (Chapter 127): SHOPLIFTING; ORGANIZED RETAIL THEFT
Summary: The statutory section on shoplifting in the criminal code is expanded by adding the crime of organized retail theft, defined to be when a person, either alone or in conjunction with another, either removes merchandise from a store without paying with intent to sell or trade the merchandise for something of value, or uses an artifice or device to facilitate removal of merchandise from a store without paying. The crime is listed as a Class 4 felony. Also, the Class 6 (lowest) felony crime of shoplifting is elevated to a Class 4 felony if the person uses an artifice, instrument, container, device or other article to facilitate the act.
S1062 (Chapter 128): LAW ENFORCEMENT OFFICERS; DISCIPLINE PROCEDURES
Summary: At the conclusion of a disciplinary interview of a law enforcement or probation officer that may lead to dismissal, demotion or suspension, the officer is granted time to consult with a representative and then to make a statement (not to exceed five minutes) addressing facts or policies related to the proceeding. Except in instances where an administrative evidentiary hearing is considered final by statute, an employer is authorized under stated circumstances to amend, modify, reject or reverse a decision by the hearing officer. Notice of or information regarding an investigation of an officer shall not be made part of a publicly accessible personnel file until the investigation is complete and the appeals process, if any, is concluded.
S1088 (Chapter 129): DOMESTIC VIOLENCE; DATING RELATIONSHIPS
Summary: The definition of domestic violence under the criminal code is expanded to include acts where there is or was a romantic or sexual relationship between the victim and the perpetrator. In order to determine the nature of the relationship, the court can consider the type and length of the relationship, the frequency of interaction, and, if the relationship was terminated, the length of time since the termination. The Legislature intends that this act shall be known is “Kaity’s Law.”
S1253 (Chapter 130): FELONY MURDER; DRIVE-BY SHOOTING
Summary: The list of acts that are considered to be first-degree murder is expanded to include drive-by shooting (as defined elsewhere in statute).
S1459 (Chapter 132): COLD CASE REPORTING; VICTIM REPORTS
Summary: A law enforcement agency that has a cold case (defined as a homicide or felony sexual offense that is unsolved after one year and for which there are no viable and unexplored leads) must establish a cold case registry and must give priority to any cold case associated with a name in the registry unless there is a compelling reason for not doing so. Law enforcement must provide timely updates to victims or family of a cold case victim on any new developments.
H2101 (Chapter 134): COUNTY SUPERVISORS; MEMBERSHIP; NUMBER
Summary: The statutory population threshold above which a county is required to have a five-member board of supervisors is lowered to 175,000 from 200,000 persons. For a county whose population is between 100,000 and 175,000, the requirements and procedures by which it may change from a three-member board to a five-member board or from a five-member board to a three-member board are unchanged. Counties with a 2000 census population greater than 175,000 that still have three-member board shall take steps to implement a five-member board to be elected at the 2010 general election. The initial term of office for the two new members elected at that time shall be two year. (Note: affects only Pinal County.)
H2156 (Chapter 135): FIRE INSURANCE; PREMIUM TAX
Summary: The state Fire Marshal must certify that the premium tax assessed on fire insurance policies properly reflects the two different rates charged depending on whether property is located in a city or town that contracts with a private fire company. In assessing the different rates, insurers are indemnified against damages if they based their calculations on the Fire Marshal’s certification. (Note: Insurance companies forward 85 percent of revenue generated by the tax to local governments and fire districts to defray the costs of fire protection in amounts that vary according to whether they have their own fire departments or contract with a private company.) Insurance companies are entitled to a refund for the amount paid by the insurer in error.
H2283 (Chapter 136): CERTIFIED NURSING ASSISTANTS; PILOT PROGRAM
Effective Date: N/A
Summary: A pilot program allowing certified nursing assistants to administer certain medications originally scheduled to expire on Oct. 1, 2009, is extended for two years to October 1, 2011. Session law only; no change to statutes.
H2306 (Chapter 137): EMPLOYER SANCTIONS; BUSINESS LICENSES
Summary: The law prohibiting the state and political subdivisions from granting a business license to any person who does not present documentation of proof of legal presence is modified to state that if a person has affirmatively established citizenship or non-expiring federal authorization, no further documentation is necessary upon application for renewal. Persons who hold a limited form of federal work authorization must re-present proper documentation upon application for renewal.
H2317 (Chapter 138): FIDUCIARIES
Summary: A person whose license as a fiduciary has been suspended or revoked may not serve as an agent under durable power of attorney or health care power of attorney provisions or as a trustee unless the person is related by blood to the principal or trust beneficiary. Also fiduciaries must be licensed by the Supreme Court rather than certified.
H2318 (Chapter 139): MORTGAGE BROKER; LICENSE TRANSFER
Summary: Mortgage bankers who wrote no more than 150 mortgage loans in the calendar year preceding their application for renewal may apply for a license transfer to mortgage broker. (Note: fees for both licenses are not in statute but are set by the superintendent of the Department of Financial Institutions.]
H2360 (Chapter 140): GENERAL OBLIGATION BOND REQUIREMENTS
Summary: The data required to be distributed to voters as part of the information pamphlet pertaining to a bond election is changed to require that the impact of the tax increase necessary to pay off the bonds be calculated with the assumption that the assessed valuation of the hypothetical residential or commercial property increases annually at 50 percent of the projected total annual increase in the full cash value of the property. Previously, the estimated impact was to be based on an assumption that the assessed value of the property remained constant. Notification is also required if the bond authorization combined with current outstanding debt exceeds the jurisdiction’s constitutional debt limit. Also, bonds issued to repay other bonds (called refunding bonds) must be approved by voters if the weighted average maturity of the new bonds is more than 75% of the average maturity of the bonds being refunded.
H2396 (Chapter 141): TRANSPORTATION; PUBLIC-PRIVATE PARTNERSHIPS
Summary: Repeals, replaces and renames statutes dealing with transportation project privatization (A.R.S. 28-7701 et. seq.). New name for the chapter is Public-Private Partnerships in Transportation. Authorizes public-private partnerships to be used for any enhanced, upgraded or new transportation project. The private partner is permitted to collect tolls, and the government may enforce that collection. Stipulates procurement procedures and funding mechanisms for a public-private transportation project.
H2419 (Chapter 142): PUBLIC LAND; MASS APPRAISAL; PROCEDURE
Summary: Procedures are established governing mass appraisal of state land by the state Land Dept, including requiring notice to all lessees, permittees and right-of-way grantees as well as industry, trade and professional organizations that typically represent occupants and users of state lands. Any mass appraisal procedure adopted must take into consideration different land use markets across the state, at minimum differentiated as urban, suburban and rural.
H2426 (Chapter 143): ENHANCED DRIVER LICENSES; PROHIBITION
Summary: The state is prohibited from implementing an enhanced driver license program as part of the federal Western Hemisphere Travel Initiative or the REAL ID Act of 2005. The Department of Transportation is required to report to the governor and Legislature any attempt by the U.S. Department of Homeland Security to secure state participation in either enhanced license program.
H2465 (Chapter 144): SCRAP METAL; THEFT; DEALERS
Effective Date: Some portions of this bill became effective Sept. 30, 2009. Others will become effective Sept. 1, 2010.
Summary: The Class 4 felony crime of criminal damage applies if a person recklessly damages the property of a utility in an amount of $5,000 or more. Formerly, the amount of damage had to reach a threshold amount of $10,000 for the crime to be classified as a Class 4 felony. The manner in which the value of stolen metal sold for scrap is calculated is changed to include the repair or replacement value of the property from which metal was stolen. A person being in possession of stolen scrap metal or sold scrap metal at a price substantially below its fair market value may give rise to an inference that the person was aware of the risk that the metal had been stolen and may have participated in its theft. A list of types of metal items (e.g., manhole covers or water meters) is added to statute to identify types of scrap that dealers shall not knowingly purchase unless otherwise authorized. Also it is illegal for a person to buy or sell a used catalytic converter unless it is in the course of the person’s normal business. By Sept. 1, 2010, the Dept of Public Safety must establish procedures and rules permitting scrap metal dealers to submit reports electronically.
H2532 (Chapter 145): PROHIBITED POSSESSORS; PERSISTENTLY, ACUTELY DISABLED
Summary: On application to the court, persons who were found to be persistently or acutely disabled and persons who were found to constitute a danger to self or others may have their right to possess firearms restored. To be approved, the application for restoration of rights must show by “clear and convincing evidence” that the person no longer suffers from the condition(s) that led to that right being revoked. A finding that the person no longer suffers from the condition(s) does not imply or have any effect on other rights or benefits the person receives.
H2569 (Chapter 146): SMUGGLING; USE OF WEAPON; CLASSIFICATION
Summary: The circumstances of a violation of human-smuggling laws that require an enhanced classification to Class 2 felony from Class 4 is expanded to include if the offense involved the use of a deadly weapon or “dangerous instrument.”
H2616 (Chapter 147): LIVING WILLS; HEALTH CARE DIRECTIVES
Summary: The list of information required in a petition presented to a court requesting appointment of a guardian for an allegedly incapacitated person is expanded to include a statement whether the guardian has the authority to withhold life-sustaining treatment (including administration of artificial food and fluids). Health care providers are indemnified against liability if a guardian’ s petition did not contain the statement. Language prohibiting a surrogate (a person authorized to make health care decisions for someone who is incapacitated) from making decisions to withdraw food of fluid is changed to state that a surrogate shall not consent to withdrawal of food or fluid. If a patient does not have a living will or other directive to the contrary, there is a rebuttable presumption that the patient has directed health care providers to sustain life. Conditions that may be used to rebut this presumption are prescribed. Provisions are placed in statue to delay any decision or court order to withhold life-sustaining treatment pending judicial review.
H2622 (Chapter 148): DEPENDENT CHILDREN; RELATIVES; DISCLOSURE
Effective Date: Jan 1, 2010
Summary: The list of items required to be included in a notice to parents pertaining to the taking of a child into temporary custody is expanded to include a statement that the parent/guardian must immediately provide names and contact information for relatives or other persons who have a “significant relationship” with the child. The notice to parents must also include a statement that similar information will be required to be produced at the preliminary protective hearing to review the temporary custody. At the hearing, the court must order the parent/guardian to produce that information. The parent/guardian must be prepared to provide similar information at a dependency hearing convened to determine if the child is a dependent (and should be returned to the parent/guardian). While a child is in temporary custody of an entity other than its parent/guardian, the court must also determine that Child Protective Services is attempting to assess placement of the child with a grandparent or other person that has a significant relationship with the child. When the court convenes a hearing to determine the permanent legal status of the child, it must determine whether permanent placement with a grandparent or other person is in the best interests of the child.
S1074 (Chapter 149): ELECTION LAW; AMENDMENTS
Summary: Numerous changes to election law, including changing the date of primary elections to the tenth Tuesday prior to the general or special election, instead of the ninth Tuesday prior, extending the deadline for county boards of supervisors to canvass votes to within 30 days (from 14 days) after the election, requiring county recorders in Maricopa and Pima counties to provide a daily listing of persons who have returned their early ballots on request from a state or county party chairman, and allowing chairmen to distribute precinct lists to any person or entity deemed to be using the list in a lawful manner. Also prohibits early ballot distribution from beginning more than 26 days, instead of 33 days, before an election; eliminates the requirement for sample ballots to be mailed to households where voters are on the permanent early voting list; and exempts hand counts of ballots from live video requirements. Session law specifies that changes to circulation or filing requirements do not apply to nominating or referendum petitions circulated prior to the effective date of this legislation.
S1105 (Chapter 150): NURSING BOARD; OMINBUS
Summary: Various changes to statutes pertaining to the State Board of Nursing, including adding a definition of “disciplinary action” and expanding the definition of “clinical nurse specialist.” The definition of “unprofessional conduct” is expanded to include cheating or assisting another to cheat on a licensure or certification exam. The state Board of Nursing is expanded to eleven members from nine, by adding one nurse practitioner or nurse specialist and increasing the number of registered nurses to six from five. Automatic dismissal from the board will result after the third consecutive missed board meeting. The duties of the board’s executive director is expanded to include approving nursing assistant training programs. Extends the Certified Nursing Assistants Pilot Program (established by Laws 2004, Chapter 121) two years to Sept 30, 2011.
S1115 (Chapter 151): ANIMAL CONTROL
Summary: The crime of dog fighting is renamed animal fighting and is expanded to include any fight in which animals are intended to injure each other. The crime of animal fighting, like that of dog fighting, is a Class 5 (second lowest) felony. Similarly, the Class 6 felony of stealing a dog for the purpose of dog fighting is expanded to stealing an animal for fighting. Exemption is provided for animals trained to protect livestock from predators. The Department of Agriculture must establish and maintain a registry of equine rescue facilities. Qualifications to be registered as an equine rescue facility are prescribed. The director of the department may assess a fee for initial and renewal registrations. Inspections of dog kennels by county animal control agents are a prerequisite of receiving a permit if the kennel houses 20 or more dogs. An inspection is authorized in stated instances if the kennel houses fewer than 20 dogs.
S1139 (Chapter 152): GLOBAL POSITION SYSTEMS; COMMITTEE EXTENSION
Summary: The report required of the Joint Legislative Study Committee on Global Positioning System Monitoring, which was established in 2007, is extended two years to Dec. 1, 2010.
S1152 (Chapter 153): MENTAL HEALTH SERVICES; COURT-ORDERED TREATMENT
Summary: The prohibition against a person giving sworn evidence about his/her spouse is lifted for court-ordered mental health actions. Relevant parts of mental health statutes in Title 36 (public health & safety) are changed to require that the person who serves the patient with a notice of hearing on court-ordered treatment must file proof of service with the court, and the patient’s counsel is permitted to enter stipulations on behalf of the patient. Formerly only the proposed patient could request a continuance of up to 30 days in the hearing of a petition for court-ordered mental health treatment; new language permits the petitioner to request a continuance for a maximum of three business days and the patient may request a hearing to determine whether s/he should be involuntarily hospitalized during the continuation period.
S1246 (Chapter 154): CPS INFORMATION
Summary: Court proceedings and court records relating to child abuse, abandonment or neglect that resulted in a fatality or near fatality are open to the public, subject to specified statutory requirements including a child’s safety, well-being and privacy. If a proceeding has been closed by the court, a person may request a transcript be made available, which if granted by the court, may be redacted to protect the child and the identity of the person who reported the abuse. Further, any person may request to inspect court records of a proceeding involving the disclosure of CPS information regarding a case of child abuse, abandonment or neglect that resulted in a fatality or near fatality. If this request is granted, the court may redact information to protect the child.
S1326 (Chapter 156): SAFE HAVEN PROVIDERS; PLACEMENT PROTOCOLS
Summary: Procedures are prescribed for the placement of newborns left with safe-haven providers. For example, if a newborn is left with a private child welfare agency or with a private adoption agency and the agency wishes to take custody of the child, it must inform CPS and take the infant to a hospital to be examined before taking custody. The safe-haven provider must complete the AHCCCS application process on behalf of the infant. If AHCCCS denies eligibility or does not reimburse the hospital for care and treatment, the entity or individual that ultimately takes custody of the infant must reimburse the hospital.
S1336 (Chapter 157): AFFLICTED PERSONS; ORDERS FOR TRANSPORTATION
Summary: Law enforcement is removed from the list of persons/agencies who might be required to transport a tubercular patient or one suspected of being tubercular as part of an order of cooperation issued by a county health officer. Relatives or friends are added to the list. Law enforcement is required to “maintain custody” of the afflicted person until the person is delivered to the health care institution specified in the order.
S1169 (Chapter 158): VEHICLE IMPOUNDMENT; ADMINISTRATIVE TOWING FUND
Summary: The list of requirements for a person to operate a towing truck is expanded to include obtaining a bond. The abandoned vehicle report to the MVD required of a person who has custody of a vehicle that has been towed from public property on order of law enforcement and that has been held for 10 days without a claim being registered for it must be made electronically. Administrative charges collected when a vehicle is towed or immobilized by the Capitol Police are deposited in a special fund to be used by the Capitol Police for law enforcement purposes. Retroactive to Jan. 1, 2008.
S1209 (Chapter 159): CHILDREN; FOSTER CARE; RIGHTS
Summary: A list of 22 specific rights of foster child is added to statutes, including the right to live in a safe, healthy and comfortable placement where the child has appropriate privacy and is treated with respect. Foster children 16 and older have an additional seven enumerated rights, including the right to attend preparation for adult living classes and activities consistent with the financial resources of the foster parent. The short title for this act is the “Bill of Rights for Children and Youth in Foster Care Act.”
H2206 (Chapter 160): PSYCHOLOGIST EXAMINERS BOARD; OMINBUS
Summary: Various changes to statutes regulating psychologist licensure, including modifying requirements for licensure applicants to obtain work experience through internships, allowing doctoral degrees to substitute for specified training requirements, allowing the Board of Psychologist Examiners to enter into consent agreements with a licensee to take rehabilitative or disciplinary action at any time during the investigative or disciplinary process, and allowing the board to require a licensee who is on probation for alcohol or illegal-substance impairment to submit to bodily fluid and other related examinations. Permits payment of licensing fees by credit or debit cards or electronic fund transfer.
H2207 (Chapter 161): BEHAVIOR ANALYSTS
Summary: Statutes passed in 2008 (Laws 2008, Chapter 288) providing for regulation and licensure of behavior analysts by the Board of Psychologist Examiners are repealed on July 1, 2010, if by that date the board does not receive at least $36,000 to begin licensure or if monies received by the board for licensure are swept into the General Fund. The start date for regulation and licensure of behavior analysts is delayed one year to January 1, 2011. Various other changes to statutes relating to behavior analysts, including a requirement that a separate account be established for behavior analyst licensure fees and that no monies received for psychologist licensing and regulation may be used for behavior analyst licensure. (Note: behavior analysis is defined in statute as implementing and evaluating environmental modifications to produce “socially significant improvements in human behavior.”)
H2103 (Chapter 162): STATE TREASURER; INDEPENDENT LEGAL COUNSEL
Summary: The list of state entities that are exempt from being required to use the attorney general as legal counsel is expanded to include the state treasurer. Statutes pertaining to the state treasurer are changed to specifically permit the retention of independent legal counsel.
H2143 (Chapter 163): LOAN ORIGINATORS; MORTGAGE RECOVERY FUND
Summary: Allows the state to participate in the nationwide mortgage licensing system and registry as established by the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008. The Department of Financial Institutions may permit the nationwide system to collect licensing and processing fees and to process and maintain records. The start date for licensing of loan originators is delayed to July 1, 2010, from January 1, 2010, and requirements for licensure are modified. A Mortgage Recovery Fund is established in the department and may be spent to pay specified losses of an aggrieved person up to $200,000 per transaction. Procedures to apply for a judgment are prescribed. Requirements are established for payments from the fund, including for applications, notice, appeals, and a five-year statute of limitations. Numerous other changes include modifications to reasons for denial of a license, exemptions from licensure requirements, and definitions.
H2144 (Chapter 164): INSURANCE; ACTUARIAL OPINIONS; FINANCIAL AUDITS
Summary: Actuarial opinion and memorandum requirements for property and casualty insurers are separated from those required of life and health insurers. In addition, beginning Jan. 1, 2011, every insurer in the state with aggregate premiums of more than $1 million or with more than 1,000 policyholders must comply with the financial auditing requirements of the National Association of Insurance Commissioners.
H2224 (Chapter 165): VEHICLE REGISTRATION; PROOF OF INSURANCE
Summary: The circumstances whereby a court may reduce or waive the penalty for driving without insurance are limited to cases where the person has purchased a six-month insurance policy and has not been cited for the same violation within the past 24 months or not more than once in the past 36 months. The authority previously granted to courts to suspend imposition of the penalty for 30 days to allow the person to purchase insurance is deleted.
H2271 (Chapter 166): STATE TREASURER; INVESTMENT POOLS
Summary: The list of sources of money for which the State Treasurer is authorized to establish long-term local government investment pools is expanded to include trust and treasury money. (Note: The former is defined as all money in the state Treasury or in its custody and “trust monies” is defined as money entrusted to the Treasury for safekeeping or investment.) Also, relocates the statute authorizing local government investment pools to Title 35 (public finances) from Title 41 (state government).
H2287 (Chapter 167): TAX CREDITS; WITHHOLDING TAX REDUCTION
Effective Date: Jan. 1, 2010
Summary: An employee may elect to make his/her tax deductible contributions to qualified school tuition organizations or public schools through a payroll deduction program at the person’s employer. A participating employer agrees to reduce the employee’s withholding tax (thereby increasing the employee’s take-home pay) by the pro-rata amount of credit for which the employee will qualify. Employers who agree to participate must forward contributions quarterly to the organization(s) named by the employee. The information supplied by an employee to an employer regarding this election is considered confidential.
H2288 (Chapter 168): PREMIUM TAX CREDIT; STO CONTRIBUTION
Summary: Expands the corporate tax credit program to insurance companies by allowing a dollar-for-dollar credit on their premium tax liability for contributions to school tuition organizations. (Note: insurance companies pay taxes on premiums collected rather than on their income.) Also repeals the July 1, 2011, sunset for the income tax credit for corporate contributions to student-tuition organizations.
H2314 (Chapter 169): PROPERTY VALUATION; TELECOMMUNICATIONS COMPANIES
Summary: For the purposes of property taxation, depreciation of the assets of telecommunication companies is to be calculated using a straight line basis (formerly, depreciation was based on tables adopted by the Dept of Revenue in 1993) and in no case shall a building be valued at less than 20 percent of cost nor shall other telecommunication property (e.g., cable) be valued at less than 10 percent of cost. Retroactive to valuation years beginning Jan. 1, 2009.
H2400 (Chapter 170): PARTIAL-BIRTH ABORTIONS; DEFINITION
Summary: A physician accused of performing a partial-birth abortion (which is illegal except if necessary to preserve the life of the mother) may request a hearing before the appropriate licensing board on whether the conduct was necessary to save the life of the mother according to statutory requirements. Clarifies that the only life-threatening conditions that would exempt a physician from prosecution are physical in nature (thereby excluding psychological disorders). The board’s findings on that issue are admissible at the physician’s trial. The definition of partial-birth abortion is modified. Severability clause.
H2401 (Chapter 171): ADMINISTRATIVE RULES OVERSIGHT COMMITTEE
Summary: An Administrative Rules Oversight Committee is established, consisting of five members of the House of Representatives, five senators, and the governor or designee. It is given oversight over all rules except those specifically exempted from the Administrative Procedures Act by statute. The committee sunsets on July 1, 2017. An intent section states the committee may review any rule or agency practice alleged to constitute a rule for “conformity with statute and legislative intent.”
H2564 (Chapter 172): ABORTION
Effective Date: The intended effective date was Sept. 30, 2009. A court has placed an injunction on this law while the case is being litigated.
Summary: Restrictions are placed on abortion procedures, including imposing a mandatory 24-hour waiting period and distribution of a required set of information that the woman must receive. The consent required from the parent/guardian of an un-emancipated minor seeking an abortion must be notarized. A physician who fails to comply with statutes commits an act of unprofessional conduct. A civil action may be brought for failure to obtain informed consent. Also a health care professional or employee of a pharmacy, hospital or physician may file a written document stating an objection to abortion or emergency contraception and be excused from facilitating or participating in the procedure. Severability clause.
S1015 (Chapter 174): UNLAWFUL ASSEMBLY; PEACE OFFICERS
Summary: Adds peace officers to the list of personnel authorized to order unlawful or riotous assemblies to disperse.
S1113 (Chapter 175): HANDGUNS; RESTAURANTS; POSTING
Summary: Concealed weapons permit (CCW) holders may carry concealed handguns into bars and restaurants that sell liquor for on-site consumption, although it is Class 3 (lowest) misdemeanor for that person to consume alcohol while on the premises. The restaurant/bar owner may prohibit firearms on the premises by posting a sign to that effect. The Department of Liquor must prepare the signs according to specified requirements and make them available to licensees at no cost. Also, a member of a sheriff’s volunteer posse may be authorized to carry concealed weapons while on duty without a permit if the person has completed firearms training approved by the Arizona Peace Officers Standards and Training Board. A person who has honorably served a minimum of 10 years as a law enforcement officer anywhere in this country may carry a concealed weapon in the state without a permit.
S1123 (Chapter 176): CITY ELECTIONS; NONPARTISAN PRIMARIES; DISTRICTS
Summary: Cities and towns are prohibited from holding elections for candidates for which there is any indication on the ballot of the source of the candidacy or for the support of the candidate. (Note: the effect of this language is to prohibit municipalities from holding partisan elections.) In cities and towns that elect council members by districts, only those voters who are qualified electors of that district are eligible to vote for that council member candidate in a primary, general, runoff or other election.
S1168 (Chapter 177): STORAGE; FIREARMS; MOTOR VEHICLES
Summary: A property owner or business entity is prohibited from enforcing a policy or rule that does not permit a person to carry firearms in his/her vehicle as long as the vehicle is locked (or the storage location of the firearm is locked) and the firearm is not visible from the outside. This prohibition does not apply if the vehicle is owned by a government entity or by the person’s private employer if the owner of the vehicle does not consent to the transportation of the firearm. Includes certain other circumstances under which the prohibition does not apply, for example if the property owner provides temporary and secure firearm storage or a parking facility that is secured by a locked fence or if the property is owned by a defense contractor and the property is located on a military base.
S1175 (Chapter 178): ABORTION; NON-PHYSICIAN PROHIBITION
Effective Date: The intended effective date for this law was Sept. 30, 2009. A court has issued an injunction while the case is litigated.
Summary: Prohibits a person who is not a physician from performing a surgical abortion.
S1183 (Chapter 179): RECREATIONAL CORRIDOR DISTRICTS; TERMINATION DATE
Summary: The statutory deadline after which new recreational corridor special taxing districts may not be formed is postponed five years to July 1, 2015.
S1225 (Chapter 180): AG BEST PRACTICE CTE; PM-10
Summary: Membership in the Best Practices Committee for Regulated Agricultural Activities is increased from 10 to 15 members by adding a representative from a county air quality department and a person actively engaged in each of the following: cattle feed lot, dairy, poultry and swine production. The duties of the committee are expanded to include adopting, by July 1, 2010, best management practice rules to control PM-10 particulate emissions by animal agriculture facilities located in particulate nonattainment areas. Facilities must comply with the rules within six months of the effective date of the rule.
S1235 (Chapter 181): COOPERATIVE PURCHASING AGREEMENTS
Summary: The list of items that may be subject to a cooperative purchasing agreement among public procurement units is expanded to include professional services and construction services which are defined to include those provided by architects, assayers, construction managers, engineers, job order contractors, geologists, landscape architects and land surveyors.
S1242 (Chapter 182): WEAPONS; PEACE OFFICERS; POSSE; RESERVES
Effective Date: July 13, 2009
Summary: Members of a county sheriff’s volunteer posse or reserve organization who have received firearms training approved by the Peace Officer Standards and Training Board may be authorized by the sheriff to carry a deadly weapon without a permit while on duty. Law enforcement officers with at least 10 consecutive years of service who possess photo identification from a law enforcement agency are authorized to carry a concealed weapon without a permit. The list of officers authorized to carry concealed weapons without a permit, manufacture or transport a weapon, or carry a weapon in specified public places is expanded to include community correctional officers, detention officers, special investigators, and wardens and officers in the department of juvenile corrections. Misconduct involving weapons in furtherance of an act of terrorism is a Class 2 felony instead of a Class 3 felony. The list of persons exempt from completing a firearms safety training program prior to obtaining a concealed weapon permit is expanded to include a person who is a full authority Arizona Peace Officer Standards and Training Board certified reserve peace officer.
S1243 (Chapter 183): JUSTIFICATION; DEFENSIVE DISPLAY OF FIREARM
Summary: A person is justified in the defensive display of a firearm (defined) against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect the person against the other’s use or attempted use of unlawful or deadly physical force. Some exceptions.
S1262 (Chapter 184): WORKERS’ COMPENSATION
Summary: For purposes of determining compensation in cases where an employee who is entitled to workers’ compensation as a result of an injury sustained on the job whose employment has been terminated for reasons unrelated to the industrial accident, the Industrial Commission is authorized to consider the wages the person could have earned from continued employment. (Note: An intent section says the above provision is in response to an adverse decision in ~Arizona Dept of Public Safety v. Industrial Commission~.) Other changes in this act include: upon request a physician prescribing for a person receiving workers’ comp benefits off-label use of a controlled substance must submit a treatment plan for monitoring and prevention of abuse. Insurance carriers are not responsible for payment for off-label use of medication until such information and treatment plan are submitted. Lowers the amount of damages that may be collected by an insurer from an employer who willfully misrepresents employee and payroll information from ten times the difference in premiums to three times the difference. Additionally, the annual date on which workers’ comp rates become effective is changed to Jan 1 from Oct 1.
S1281 (Chapter 185): HUMAN TRAFFICKING; VIOLATION
Summary: The definition of the Class 2 felony crime of trafficking of persons for forced labor is expanded to include forcing labor or services by destroying a person’s passport or other immigration or government-issued identification document, threatening to cause financial harm to the person, extortion, or controlling the person’s access to a controlled substance. Also the definition of the Class 2 felony crime of sex trafficking is expanded by adding cases in which the trafficker knows the person will be forced or coerced to engage in prostitution or sexually explicit performance by deception or force.
S1282 (Chapter 186): HUMAN SMUGGLING; DEFINITIONS
Summary: The Class 4 felony crime of smuggling of humans is enhanced to a Class 3 felony if the offense involves use of or threats of deadly physical force. Also a definition of “procurement of transportation” is added to the statute to give legal context to the definition of human smuggling as transportation, procurement of transportation or use of property to facilitate the transportation of illegal aliens.
S1320 (Chapter 187): ADOT OMNIBUS
Summary: Various changes in transportation statutes, including establishing a new “low emission and energy efficient vehicle” (LEEV) special plate, pending approval by the federal government. LEEVs must achieve at least a 50 percent increase in city fuel economy and at least a 25 percent increase in combined city-highway fuel economy. LEEVs are permitted to drive in HOV lanes regardless of the number of occupants. The Department of Transportation must impose restrictions on HOV lane use if the lane becomes “degraded.” Removes permission for vehicles with hybrid license plates or alt fuels license plates to travel in HOV lanes during rush hours. Permits municipalities to finance, construct and operate toll roads within corporate boundaries. The powers of the State Transportation Board are changed to permissive from mandatory. The Department of Transportation is authorized to impose a fee for dishonored electronic payments in amounts set by the director. Gross vehicle weight restrictions are modified for vehicles equipped with idle reduction technology to account for the added weight of that technology up to 400 pounds. The list of requirements for certification of escort vehicle operators is increased by adding that individuals must have a minimum of four hours of training in certified traffic control techniques. Statutes authorizing the Vehicle Equipment Safety Compact are repealed. The requirement that the rear license plate on a vehicle must be mounted in a manner so that the state name is not obscured is made a secondary offense. A violation is subject to a civil penalty of $30 and a subsequent violation within 12 months is subject to a penalty of $100. The list of authorized special license plates is expanded to include the Arizona Cardinals and emergency medical services. The International Development Authority is removed from the Department of Commerce and placed under the Dept of Transportation. It is tasked with encouraging trade, commerce and economic development between Arizona and other countries. It is governed by a seven-member board and is a fully legal entity with authority to enter into contracts, issue bonds, and acquire and dispose of property. Authorizes the establishment in border counties of nonprofit, border regional port authorities whose purpose is to promote trade and commerce along the Arizona-Sonora border. These port authorities shall function as the advisory council in its county for the International Development Authority. Establishes a four-member joint legislative review committee on transportation between Arizona and Sonora to study issues and coordinate with a similar Sonoran committee. Authorizes the department to establish a certification program to ensure that privatized rest areas already permitted by statute comply with federal requirements. Authorizes the department to establish a rest area sponsorship program. Increases the length of a suspension of a commercial driver license for a violation of an out-of-service order to 180 days (from 90 days) for a first violation and to two years (from one year) for a second violation within a 10-year period. The minimum civil penalty for violating an out-of-service order is increased to $2,500 (from $1,100) for a first violation; a penalty of $5,000 is added for subsequent violations.
S1400 (Chapter 188): DENTAL HYGIENISTS; PUBLIC AGENCIES
Summary: The restriction placed on a dental hygienist employed by or contracted to provide services to a public agency prohibiting them from working on persons younger than 19 is deleted. Additional limitations placed on the hygienist include: the hygienist may not continue to provide treatment to a person who has not seen a licensed dentist within 12 months of seeing the hygienist; persons 65 and older must be seen by a dentist after treatment by the hygienist; and if a patient presents with a “complex medical history,” the dentist must be called in for a consult before any treatment by the hygienist.
S1420 (Chapter 189): JUVENILE ADJUDICATIONS; DUI; PROBATION
Summary: Significantly increases punishments for juveniles who are convicted of violations of DUI statutes. Discretion is granted to judges to reduce or suspend part of the enhanced sentences if the juvenile completes drug or alcohol screening. The court is also required to order the juvenile or the parents of a juvenile to reimburse a county for incarceration costs, adjusted by the court’s determination of the juvenile’s/parent’s/guardian’s ability to pay. Before a jurisdiction implements a diversion program for juveniles, it must be approved by the county attorney and noticed to the presiding judge of the juvenile court. Beginning Jan 1, 2011, law enforcement must report to the juvenile court identifying information of all juvenile’s who participate in a diversion program. A juvenile is not eligible for a court-ordered diversion program for a violation of statutes involving possession or consumption of alcohol if the juvenile has twice participated in a diversion program in the preceding 24 months. The list of conditions that must apply for a court to order a period of probation for a juvenile to exceed one year is expanded to include that the juvenile’s parent’s must request the probation to continue for more than one year. If an ignition interlock device is ordered for a juvenile, the installer must provide to the juvenile’s parent/guardian the same notification as it provides to the court regarding evidence of tampering or occasions when device prevented the juvenile from starting the vehicle because of the presence of alcohol. As a condition of being granted liberty, a juvenile who violated statutes involving alcohol or drugs may be required to complete drug or alcohol treatment and submit to twice weekly, random drug and alcohol testing while on liberty.
S1449 (Chapter 190): APPLICABILITY; SELF-DEFENSE
Summary: Legislation passed in 2006 (Laws 2006, Chapter 199) making a person justified in using physical or deadly force against an intruder who entered a residence or occupied vehicle forcibly or unlawfully, and requiring the state to prove beyond a reasonable doubt that the defendant did not act with justification in a criminal case applies retroactively to all cases in which the defendant did not plead guilty or no contest and for which a verdict had not been rendered as of April 24, 2006.
S1314 (Chapter 191): STATE BUILDINGS; JANITORIAL SERVICES
Summary: For fiscal year 2009-10, the Department of Administration is instructed to transfer all monies dedicated for janitorial services to the agencies in each state-owned or state-leased building on a proportional basis by square footage. The agencies are authorized to hire current or former state employees to provide janitorial services. Session law only; does not amend statute. The governor’s signing message states that the act has several deficiencies including the absence of a private vendor solution. The governor wrote that she signed the bill into law because of the narrow scope of the legislation and because the sponsor has committed to working towards an efficient and effective solution.