CH 209 H 2488 CHILD SUPPORT ENFORCEMENT; PERFORMANCE AUDIT
A person ordered to pay child support may petition to challenge the presumption of paternity, and a court may terminate a support obligation if it finds paternity was established by fraud, duress or material mistake of fact. The court may require DNA testing, and if the tests are negative, the court shall vacate the determination of paternity and terminate the support obligation. Amounts paid or owed prior to the termination order are not impacted. The court may order the biological father to pay restitution to the petitioner for support payments made prior to the court-ordered termination. If efforts to collect a child support claim are not made until ten years after the emancipation of the youngest child included in the order, the obligor may legally claim “unreasonable delay” as a defense and in a court action has the burden of proof. A finding of unreasonable delay may result in a reduction or cancellation of the debt as uncollectible. Provisions that called for the expiration of an unpaid child support judgment after three years from the emancipation of the last child included in the court order are deleted. Additionally, the auditor general shall conduct a special performance audit of the division of child support enforcement within the Department of Economic Security. The audit shall examine issues relating to child support payments including the number of errors made by the division in payments being misdirected to persons not owed support and the number of demand letters that are sent out in error or with erroneous information. The audit is due by November 15, 2007.
CH 210 H 2496 COMMUNITY PARK MAINTENANCE DISTRICTS
For a community park maintenance district that is to be located in more than one county, the impact statement must be submitted to the board of supervisors of each county, and petitions may be circulated only after approval by the board of each affected county. The proposed district is created 30 days after approval by the board of supervisors of the final affected county.
CH 211 H 2558 ADULT PROTECTIVE SERVICES; INVESTIGATIONS
The Dept of Economic Security must maintain a registry of substantiated reports of abuse, neglect and exploitation of vulnerable adults. A report entered into the registry shall be purged after ten years. The registry must contain the name and birth date or the abuser, the date, nature and description of the abuse. After completion of an investigation, the Dept of Economic Security shall notify the person alleged to have abused, neglected or exploited a vulnerable adult that it intends to enter a substantiated finding in its registry. Notice must also include a statement of the person’s right to receive a copy of the report and to request a hearing. Details concerning the hearing process are prescribed. Queries of the registry by the public must be made in writing, and the dept may charge a fee for processing requests.
CH 212 H 2719 AHCCCS; NONHOSPITAL PROVIDERS; CLAIMS
Claims submitted to AHCCCS from a licensed skilled nursing facility or assisted living ALTCS system provider for services rendered to an AHCCCS member shall be paid by the program contractor within 30 days of submitting a clean claim; otherwise, interest will accrue at the rate of 1% a month from the date of claim submittal.
CH 213 H 2765 OPTOMETRISTS; PRACTICE DESIGNATIONS
A licensed optometrist may practice only as a sole practitioner, a partner with other health professionals, a professional LLC or professional corporation in which health professionals collectively possess at least 51% of the ownership interest, or as an employee or independent contractor associated with one of the above mentioned designations. Further, a licensee must practice only under the name under which s/he is registered with the board.
CH 214 H 2810 UTILITY ASSISTANCE FUND; ADMINISTRATION
Eligibility requirements for the utility assistance fund administered by DES are amended to increase the household income maximum to 150% of the poverty level from 125%. Maximum amount of assistance provided to an individual in a fiscal year is increased to $2,000 from $900.
CH 215 S 1006 PAY DAY LOANS; MEMBERS OF THE MILITARY
A list of prohibited actions is added to statutes regulating pay day loan licensees (referred to in statute at deferred presentment companies) when lending to a member of the military or spouse. The company may not garnish military wages or salary; conduct collection activities against the member or spouse while the member is deployed or on active duty; attempt collection of a loan by contacting people in the member’s chain of command; or conduct business in a location where such transactions are prohibited by order of the member’s commanding officer. The licensee must provide the member or their spouse with a written statement describing prohibited practices and requirements. The licensee must also inform the member’s employer about a debt and is bound to any repayment agreement established through military counselors or third party credit counselors on a member’s behalf.
CH 216 S 1070 GROUP LIFE INSURANCE; COVERAGE REQUIREMENT
Statutory provision requiring that at least 75% of the members of a group (for example, credit union, employee group, trustee group, labor union, etc) participate in paying at least part of the premium for group life insurance is deleted.
CH 217 S 1094 SCHOOL BOUNDARY CHANGES; FINANCIAL IMPACT
Changes in the information that must be prepared by the county school superintendent for distribution to voters prior to an election concerning consolidation of school districts, formation of new school districts or proposed changes in school district boundaries. Instead of listing the financial impact on a homeowner of a residence valued at $100,000, the information must contain the impact on primary and secondary property taxes for multiple scenarios: specifically, on homes whose assessed value is the average of Class 3 property in the district; whose assessed value is 150% of the average, whose assessed value is twice the average, and on a business whose assessed value is the average of Class 1 property in the district. Any student attending an adjacent existing school district through open enrollment or through certificates of educational convenience shall be allowed to continue enrollment in that existing school district even if the unorganized territory votes to form a new unified school district or joins with a different adjacent school district. Siblings of a student who attends an adjacent existing school district shall also be allowed to attend the same adjacent existing school district. Effective April 25, 2006.
CH 218 S 1211 INDUSTRIAL DEVELOPMENT BONDS
An entity (e.g., an industrial development authority) that reviews project financing regarding the construction of nursing homes and similar facilities owned and operated by tax exempt non-profits may share information and adopt in whole or in part similar review work performed by another reviewing entity. Chapter law only, no statutory changes. Provisions expire Jan 1, 2010.
CH 219 S 1218 ENVELOPE PERMITS; OVERDIMENSIONAL PERMITS
A local authority that issues excess size and weight permits must provide the Department of Transportation all ordinances and rules for distribution to the public. Oversized vehicles may operate on the streets of a local jurisdiction that does not issue permits under stipulated circumstances. Requirements are established pertaining to the training, certification and re-certification of escort car operators. The Overdimensional Permit Advisory Council is renamed the Overdimensional Permit Council and its membership is changed to no longer require that the two representatives from municipalities be from the police.
CH 220 S 1220 VEHICLE DEALER REGULATIONS; EXCEPTIONS
List of persons exempt from the requirement that auto dealers, distributors, recyclers, etc cannot sell cars unless they do so in accordance with the provisions of Chapter 10 of Title 28 (transportation) is expanded to include owners of classic or historic cars offered for sale if the vehicle was titled in the owner’s name before Dec 31, 2005.
CH 221 S 1339 FIREARMS; JUVENILE POSSESSORS
Changes in laws that prohibit certain juveniles from carrying firearms. A court may prohibit a juvenile from carrying or possessing a firearm if adjudicated guilty of an offense that would be a misdemeanor had the person been an adult. The prohibition against persons carrying or possessing a firearm for a period of 10 years after the person had been adjudicated delinquent is changed to apply to persons whose offense would have been a felony if committed by an adult. The restriction against unemancipated juveniles carrying firearms unless supervised or otherwise exempt is extended statewide (currently the restriction applies only in Maricopa and Pima counties).
CH 222 S 1367 MOTION PICTURE PRODUCTION INCENTIVES
Within four months of being preapproved by the Dept of Commerce for tax incentives, a motion picture production company must provide at least one example of specific types of proof that a project has begun: a copy of a contract or agreement with a cameraman and crew, copy of the crew call sheet from the first production day, evidence that residents of the state have been paid at least $5,000 for work on the picture or a copy of any other contract or agreement directly attributable to the preapproved picture. If a movie production company fails to begin production within four months of preapproval, the approval lapses, the application is void and the amount of preapproved incentives does not apply to the dollar limit prescribed for that year. The Dept of Commerce is authorized to conduct a site visit to verify that production has begun. Further, if the eligible production costs actually incurred are less than the amount preapproved for income tax credits, the amount not incurred lapses and does not apply to the dollar limit for that year. Also, the list of exemptions to the transaction privilege tax for job printing is expanded to include printing and copying directly related to qualified motion picture productions. Retroactive to Jan 1, 2006.
CH 223 S 1413 COUNTY DEVELOPMENT FEES
Each county that adopted a development fee after May 17, 2000, is required to file an annual report on the monies collected and spent. The report shall include: the amount assessed for each type of fee; the balance in each fund at the start and end of the fiscal year; the amount of interest earned for each fund; the amount spent to redeem bonds or to repay other public monies used to pay for the capital improvement; amounts spent on each capital improvement project funded by the fee; and amounts spent for purposes other than a capital improvement project.
CH 224 S 1445 USE FUEL TAXES; CIVIL PENALTIES
For any person that purchases use fuel for use in a vehicle that is not exempt from statutory weight fees and pays the use fuel tax for a light class vehicle, the person is subject to a civil penalty of the greater of $1,000 or $10 for each gallon dispensed in addition to the difference in use fuel tax. Penalties for subsequent violations shall be determined by multiplying this amount by the number of prior violations. Also, there shall be no penalty imposed on the vendor who may request and is entitled to a refund for the improper taxes paid in the purchase.
CH 225 S 1506 SALES TAX EXEMPTION; DONATED FOOD
Food, drinks and condiments donated by a restaurant to a nonprofit charitable organization that serves meals to the needy and indigent are exempt from sales and use taxes.
CH 226 H 2335 VEHICLE LENGTH PERMITS; EXCEPTIONS
The list of vehicle types that are exempt from length requirements is amended to include power units, farm vehicles, horse trailers and wheeled equipment when used in combination with two units that do not exceed 65 feet in length. A recreational vehicle equipped with a fifth wheel and brakes may pull a farm vehicle or horse trailer if specific conditions are met.
CH 227 H 2490 ADULT ORIENTED BUSINESSES; LOCATION
Adult oriented businesses, arcades, bookstores, video stores, cabarets, theaters, escort services and nude model studios are prohibited from being located within a quarter mile of a child care facility, school, playground, recreational facility, home or church. Violations are punishable by class 1 misdemeanor. Effective April 26, 2006.
CH 228 H 2518 GRAY WATER USE; INCENTIVES
Requires the Dept of Water Resources to adopt rules by Jan 1, 2008, to take into account gray water reuse systems in determining whether to grant an application for a certificate of assured water supply in the area served by the Central Arizona Water Conservation District. The gray water reuse systems to be installed must meet the requirements of the Dept of Environmental Quality. Municipalities may not further limit the use of gray water if gray water use is allowed by a permit issued by ADEQ. A municipality may not further limit the use of gray water by rule or ordinance if the water use is allowed by a department-approved permit unless, in an initital active management area that has a groundwater management goal of safe yield and does not contain a part of the CAP aqueduct, effluent has been included in assured water supply determination and use of gray water would reduce the volume of effluent available.
CH 229 H 2698 SMALL BUSINESS HEALTH INSURANCE PLANS
The heading of Title 20, chapter 13 is changed to “Special Health Insurance Plans” from “Accountable Health Plans”; the heading of Title 20, chapter 13, article 1 is changed to “Accountable Health Plans” from “General Provisions”. Article 2 is added titled “Small Business Health Insurance Plans” establishing exemptions regarding policies, subscription contracts, contracts, plans or evidence of coverage issued to a small business (defined) by health care insurer (defined).
CH 230 H 2820 MANUFACTURED BUILDINGS; TAXATION
Various changes in statutes pertaining to sales tax on manufactured buildings, including: clarification that repairs and alterations to manufactured buildings are a taxable event, a manufactured building purchased outside the state but set up for use in this state is subject to taxation, and a procedure to determine the taxable status for the sale of manufactured buildings. Resale of a unit to another dealer is not subject to tax.
CH 231 S 1269 PRIVATE CONTRACTORS; VEHICLE PARKING
Private contractors who are employed or under contract with a municipal police department are added to the list of persons authorized to enforce the local ordinances relating to the standing or parking of vehicles. Private contractors can not be relatives of a municipality employee or elected municipal employee.
CH 232 S 1338 PERSONAL INFORMATION; SECURITY BREACH
An entity not exempt under federal law that owns or licenses unencrypted computerized data that includes personal information must disclose any security breach to all persons affected unless a law enforcement agency determines that disclosure would impede a criminal investigation. Acceptable forms of notification include written notice, telephone calls, e-mail or notification of a statewide media outlet. The Legislature states that security system breach notification is a matter of statewide concern and it empowers the attorney general as sole enforcement agent.
CH 233 H 2364 EOSINOPHILIC ESOPHAGITAS DISORDER
Any contract offered by a hospital service corporation, medical service corporation, health care services organization, disability insurer or accountable health plan that contains a prescription drug benefit must cover at least 75% of the cost of an amino-acid based formula ordered by physician if it is to be used to treat eosinophilic gastrointestinal disorder, the insured in under continuous supervision by a physician and there is risk of mental or physical impairment without the use of the formula. Effective January 1, 2007.
CH 234 H 2440 PUBLIC PARTICIPATION IN GOVERNMENT
A declarations section states legal actions brought against a person for testimony or information provided to a legislative body are an abuse of the judicial process and are used as a form of intimidation, harassment or punishment. This bill proposes to strike a balance between the rights of persons to file lawsuits and the constitutional rights of persons to petition, speak and associate by protecting and encouraging public participation in government decision-making. To this end, the person sued may ask the court to dismiss the suit, and the court must conduct an expedited hearing. The legal action may proceed only if the person’s declarations lacked factual support or any arguable basis in law. If requested, the court must also determine whether the action was brought for an improper purpose. If the court so finds, the responding party is to be encouraged to pursue additional sanctions as provided by court rule. Effective April 28, 2006.
CH 235 H 2708 UNDERGROUND FACILITIES; MARKING PROCEDURES
Underground facilities installed after Dec 31, 2005, and that are located within a single family residence beneath a pool, pool decking that is less than 48 inches from the pool or under a permanent building are not required to be installed with a detectible underground location device. Further, for the purposes of locating an underground facility, no building official or political subdivision may compel the installation of one or more clean-outs on any underground sewer facility that is owned by another person and serves one customer where any portion of the underground facility is in a public street, alley, public right-of-way, private property or easement unless required by municipal or county code.
CH 236 H 2786 MEDICAL RECORDS; HEALTH PROFESSIONALS
Health professionals must prepare a written protocol for the secure storage, transfer and access of their patient’s medical records. The protocol must include procedures for the notification of patients in the event of an office closure or sale, the disposal of unclaimed medical records and the handling of requests for records. Noncompliance is grounds for disciplinary action. Regulations do not apply to health professionals that are employed by a health care facility that is responsible for the maintenance of medical records.
CH 237 H 2124 RENTAL AGREEMENTS; EMERGENCY; TENANT SAFETY
Rental agreements may neither require that tenants waive the right to summon emergency assistance nor penalize tenants for calling fire, police or ambulance.
CH 238 H 2129 GAME AND FISH; ENFORCEMENT; PENALTIES
The feeding of wildlife, except tree squirrels and birds, in counties with more than 280,000 people is prohibited and punishable by a fine of up to $300. The maximum balance in the Wildlife Theft Prevention Fund (where fines for illegal taking of wildlife are deposited) is no longer limited to $50,000 and minimum fine amounts for violations are increased. Game and Fish may permanently revoke or suspend for a period of five years or more a person’s hunting privileges for repeat violations, or the unlawful taking of trophy (defined) or endangered species.
CH 239 H 2159 WATER INFRASTRUCTURE FINANCE
Wastewater facilities are added to the list of water infrastructure facilities that municipalities may construct or acquire using loans from the Water Infrastructure Finance Authority (WIFA). The requirement that municipalities must obtain voter approval of a repayment agreement is changed to apply only to cities/towns with a population greater than 50,000. For municipalities smaller than 50,000, utility revenue may be pledged to WIFA by a vote of the council if the pledge of revenue does not violate any covenant pertaining to the utility system or conflict with pledged revenue streams for other outstanding debts. Utilities are added to the list of entities to whom the functions of a county improvement district must be assigned in order for the district to be dissolved.
CH 240 H 2359 SCHOOL PROFILES; DISTRICT ACCOUNTABILITY
The “solutions team” assigned by the Supt of Public Instruction to an underperforming school must present its findings to the school administrator and district superintendent. The district governing board then has 45 days to submit an action plan to the Dept of Education which shall either accept the plan or return it to the board for modification. If the board misses the 45 day deadline, up to 10% of the department’s monthly distribution to the district may be withheld. The requirement that the solutions team must select two master teachers to be employed by the underperforming school is eliminated.
CH 241 H 2482 CORP; RETURN TO WORK
A corrections officer who retired before Jan 1, 2006 may become employed again by a CORP employer and continue to receive a pension if the employment occurs at least 90 days after retirement and involves “substantial direct inmate contact.” The retired member shall not contribute to the fund and does not accrue credited service in the new position. Further, if reemployment occurs before 90 days from retirement or the new position does not involve substantial inmate contact, the member’s pension is suspended until employment ceases and the person cannot contribute to the fund or accrue credited service. Additionally, a reverse deferred retirement option is established in CORP to add flexibility and provide participating members access to a lump sum benefit in addition to the normal monthly benefit. Members with at least 24 years credited service. The reverse DROP self-repeals on June 30, 2011.
CH 242 H 2591 COMPRESSED NATURAL GAS; PARTICULATE PROGRAM
Amends Laws 2005, Chapter 232, relating to in-lieu fees and school bus grants. Money in the air quality fund may be continuously appropriated to the Arizona Department of Environmental Quality for the purpose of awarding grants to school districts for the purchase of new school buses with diesel particulate filters, for retrofitting of used school buses with these cleanup filters and for the purchase of buses powered by CNG. Applicants for these grants are directed to respond to DEQ within 90 days of the effective date of this act. New vehicle acquisitions, retrofits and services are to be delivered by June 30, 2008. If the requests for money exceed the funds available, DEQ shall award available funds pro rata based on the number of schools that apply. Session law only; does not amend statute. Effective May 2, 2006.
CH 243 H 2594 HOMELESSNESS TRUST FUND REPEAL; APPRO
The Homeless Trust Fund is eliminated. The remaining balance $850,000 is appropriated to DES to be distributed for services to homeless persons and the working poor as follows: $400,000 to Maricopa County, $200,000 to Pima County and $250,000 to the remaining 13 counties.
CH 244 H 2712 TAX DECISIONS; DISTRIBUTION
Beginning Oct 1, 2006, state and local government agencies that render decisions regarding taxation must provide the text of redacted tax decisions to the law libraries of Maricopa County, ASU and the University of Arizona colleges of law, the state law library and the Department of Libraries, Public Records and Archives. Additionally, each agency is to publish the decisions on its website. Entities without a website must establish one before Jan 1, 2008. The state Supreme Court is to establish procedures for distributing tax decisions to the general public.
CH 245 H 2793 DOC; PEACE OFFICER STATUS
The list of persons defined as “peace officers” is expanded to include persons employed by the Dept of Corrections and the Dept of Juvenile Corrections who have been certified by the Arizona Peace Officer Standards and Training Board. Further, removes language from the list of duties of the directors of the Dept of Corrections and Dept of Juvenile Corrections that employees engaged in investigating offenses directly related to the operation of the department have peace officer status only for the duration of the investigation or action.
CH 246 S 1087 SPOUSAL MAINTENANCE; TAX REFUND; SETOFF
To assist a person trying collect spousal maintenance, the clerk of the court may intercept a taxpayer’s state income tax refund for collection purposes.
CH 247 S 1119 CHILDREN; FOSTER CARE PLACEMENT
When placing a child in foster care, the Dept of Economic Security must place the child in the “least restrictive type of placement available” with a ranked priority enumerating parent, grandparent, another member of the child’s extended family, family foster home, therapeutic foster home, group home, and finally in a residential treatment facility. A separate priority list is established for Native American children. If the placement is not with a member of the child’s family, the Dept must submit to the court a justification so the court may determine whether the placement is in the child’s best interests. If the court finds that placement should be other than with a member of the child’s family, it must make specific written findings in support of its decision.
CH 248 S 1147 TELEPHONE USAGE; EMERGENCY INTERFERENCE
It is a class 2 misdemeanor to prevent or interfere with the use of a telephone in an emergency situation (defined). This does not require a person to allow another into their home for the purpose of using their phone in an emergency.
CH 249 S 1225 PUBLIC RECORDS; DECLARATORY ACTION
A court may award attorney fees to a requestor of public records if the requestor substantially prevails in a court action for denial of access to records.
CH 250 S 1324 SCHOOLS; MENTAL HEALTH SCREENING; CONSENT
Signed parental consent must be obtained prior to conducting a mental health screening on a student. The written consent must include the nature of the screening program as well as notice that copies of the screening materials are available upon request.
CH 251 S 1357 RETIREMENT; EORP, PSPRS, CORP; AMORTIZATION
Minimum employer contribution rates for three state retirement plans are increased. For the Elected Officials’ Retirement Plan, it goes to 10% of salary from 5%; for the Public Safety Personnel Retirement System, to 8% from 5%; and for the Corrections Officer Retirement Plan, to 6% from 5%. For all three plans, in years where a fund’s value exceeds actuarial requirements, one-half of the excess must be deposited into a stabilization fund; in deficit years the fund may be drawn on to limit the decline in that employer’s funding ratio to a maximum of 2%. Also beginning July 1, 2005, the amortization period for all three plans is changed from a rolling 20-year period to a rolling period of between 20 and 30 years as determined by the fund manager. Effective May 2, 2006.
CH 252 S 1427 NEWBORN SAFE HAVENS & CHILD ENDANGERMENT
The definition of “safe haven provider” relating to safe havens for newborns is expanded to include volunteers employed at a qualified location. Additionally, a person who knowingly manufactures a dangerous drug, or possesses the equipment or chemicals for the purpose of manufacturing a dangerous drug, in the presence of a child or vulnerable adult, is not required to have care or custody of the child or vulnerable adult to be guilty of endangerment or abuse.
CH 253 S 1058 REGENTS; MEMBERSHIP
Membership for the Board of Regents is amended to require that the two members whose terms expire in January 2008 be replaced by appointees who reside in a county with populations of less than 800,000 (counties meeting the requirement are split into two groups; one appointee must reside in each group).
CH 254 S 1072 LAW ENFORCEMENT TOOLS; POLICE INDEMNIFICATION
In cases where a court finds by a preponderance of the evidence that a plaintiff was harmed while attempting to commit or committing a felony, it is considered reasonable for the victim or peace officer to threaten or use physical force to either defend themselves or prevent the plaintiff’s escape. Use of a police tool (defined) that is proven to have caused harm is considered not to be a negligent act if it either complies with applicable federal codes and regulations or conforms to the recognized safety standards.
CH 255 S 1188 BAIL BOND AGENT PROHIBITIONS
A bail bond agent may employ a person convicted of a felony if the conviction has been set aside or if the person has had his/her civil rights restored unless the felony conviction was for theft or for any crime involving possession of a deadly weapon. Retroactive to May 1, 2006.
CH 256 H 2056 MILITARY SUPPORT SPECIAL LICENSE PLATES
A special category of motor vehicle license plates is created called Military Support Plates. Of the $25 annual fee, $17 is a donation to the Veterans’ Donation Fund. [Note: the fund currently receives the donation part of the fee charged for plates honoring veterans, POWs, Purple Heart recipients and Pearl Harbor survivors.]
CH 257 H 2163 RETIREMENT; ASRS; CREDITED SERVICE PAYMENT
A county employee that joins ASRS may transfer pretax assets from an existing retirement plan or program to pay the cost of transferred credited service if on or before the transfer the existing plan or program is irrevocably terminated. Delayed repeal set for June 30, 2007. Effective May 8, 2006.
CH 258 H 2222 UNDERGROUND UTILITIES
On the sale or transfer of one or more dwelling units (including mobile home parks) the landlord must, at time of closing, deliver to the buyer or other transferee all plans, drawings and records pertaining to underground facilities as well as all records of tenants, security deposits, rental agreements, etc. Excavators must notify landlords and mobile home operators by certified mail concerning pending excavations on the property and the landlord or operator must respond in the same manner within 10 business days. Landlords shall notify the Blue Stake Center of necessary contact information and must inform the Center of any changes within seven days. Various obligations of the Blue Stake Center, excavators and landlords for mutual notification before and during excavation are codified. Homeowners are not liable for costs, including damage to the property of third parties, arising from damage to an underground facility owned by the homeowner but located within a public right-of-way if the damage was not caused by the homeowner’s action or by his/her refusal to grant the underground facility operator access to the property.
CH 259 H 2307 PROSTITUTION; CITY ORDINANCES
Knowingly engaging in prostitution is illegal. Municipalities are authorized to enact and enforce local ordinances to suppress and prohibit prostitution which are at least as stringent as the state’s. Mandatory jail sentences are established for violators convicted of fewer than four violations. Persons convicted of four or more violations are guilty of a class 5 felony.
CH 260 H 2785 PHONE RECORDS; UNAUTHORIZED SALE PROHIBITED
The knowing or attempted procurement or selling of telephone records (defined) obtained without the consent of the records owner is prohibited. Telephone companies shall establish procedures to protect against unauthorized or fraudulent disclosure. Law enforcement agencies and officers, government agencies and the National Center for Missing and Exploited Children are exempt from this statute in valid situations. Violators are guilty of a class 1 (highest) misdemeanor.
CH 261 H 2819 ADULT PROBATION; COUNTY RESPONSIBILITY
Beginning July 1, 2006, Maricopa County is excluded from the list of counties that receive funds from the administrative office of the courts for juvenile and adult probation. Other counties may elect not to request funds. The probation surcharge levied on every fine and penalty by courts is doubled to $10 from $5. Ratios of probationers to officers are removed, but the county must maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management, and will report its performance by October 1 annually. Maricopa County shall use revenue generated by the surcharge for adult and juvenile probation services in a ratio and manner determined by the board of supervisors. For any county which assumes financial responsibility for probation services, the statutory maximum caseload for adult probation officers is suspended, the county’s contributions to AHCCCS and ALTCS are reduced by an amount equal to what the county would have received for probation services, and the county’s base expenditure limit shall be increased. A sum of $7,435,400 is appropriated from the state general fund in FY 2006-07 to AHCCCS to offset the Maricopa County contribution to AHCCCS reductions and decreases appropriations made to AHCCCS from county funds and the superior court’s budget each by $7,435,400 in FY 2006-2007.