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.
CH 262 S 1170 ESTATE; GENERATION SKIPPING TAXES; REPEAL
Arizona estate taxes are repealed. In computing Arizona taxable income, the amount of federal estate taxes paid is subtracted from Arizona gross income. Retroactive to Jan 1, 2006.
CH 263 S 1221 STRUCTURAL PEST CONTROL; LICENSURE EXEMPTION
The exemption from state licensure for applicators of herbicides is not extended to persons whose application equipment has a capacity of more than 8 gallons, those who use more than 25 pounds of non-liquid herbicide or persons who do not follow label directions. Persons who are exempt must retain and provide to their customers records of herbicides used, dates and locations. Provisions for violations are added including a warning for a first violation; a penalty of up to $250 for a second violation and a penalty of up to $500 for third and subsequent violations.
CH 264 S 1359 PUBLIC RETIREMENT PLANS; AMENDMENTS
Various changes (38 pp) to statutes dealing with public retirement systems, including public employees cannot be held liable for acts based on good faith reliance on written opinions of private attorneys who were authorized by any of the retirement plans. A person who defrauds, steals or embezzles money from any of the three specialized retirement plans (CORP, EORP and PSPRS) is subject to a civil suit in superior court, and if the plan prevails, the person’s nonexempt personal property may be seized, s/he is liable for attorney fees and costs, and, if the person is a member, future benefits may be offset by a court ordered judgment. When transferring credits to any of the three plans, the actuarial present value amount of the person’s projected benefits must be calculated to the extent funded on a market value basis with the most recent actuarial valuation. For the PSPRS, definitions are changed to clarify that psychological conditions are not considered “catastrophic disability” and to remove the exclusion that had applied to an “accidental disability.” The list of permissible investments is expanded to include “exchange traded funds” based on a publicly recognized index, and such entities joint ventures, partnerships, and limited liability partnership. Beginning on July 1 of the first fiscal year following actuarial determination that the CORP plan is funded at 100%, the term “base salary” for public safety officers is defined as regular compensation before extras such as overtime, shift differential, holiday pay, longevity pay, or fringe benefits.
CH 265 S 1380 SPECIAL ED; IDEA CHANGES
Evaluation requirements prior to placement of a child in special education programs are amended to require that a school district or charter school provide the child’s parent with the opportunity to consent or refuse an initial evaluation. If consent is received the evaluation must occur within 60 days of receipt. Reevaluations are not to be conducted more than once a year unless the public education agency and parent have an alternate agreement or a request for a reevaluation is made by a parent. Further, parents must be notified annually regarding their child’s progress towards meeting their annual individualized education program goals.
CH 266 S 1381 FAILING SCHOOLS TUTORING FUND
The Superintendent of Public Instruction, based on need, shall assign a solution team to any school that has a mutual agreement with the department of education. The state Board of Education shall annually review academic performance levels for certified tutoring providers and may remove any provider in a public hearing that fails to meet its stated level of academic improvement. The Dept of Education may use funds from the Failing Schools Tutoring Fund for the purchase of materials designed to assist students in meeting state academic standards and to pass the AIMS test. Effective May 8, 2006.
CH 267 H 2317 MINED LAND RECLAMATION
Counties are prohibited from adopting zoning ordinances that prevent, restrict or otherwise regulate mined land reclamation activities.
CH 268 H 2339 DPS; DIRECTOR; INDUSTRIAL INJURY LEAVE
Civilian DPS employees who are injured in the course of performing or assisting in law enforcement or hazardous duties are granted 2080 hours of industrial leave.
CH 269 H 2395 FIRE SUPPRESSION APPROPRIATIONS
A supplemental appropriation of $6.2 million is made in FY 2005-06 to the state land department from the general fund for fire suppression activities: $4 million for outstanding expenses, excluding money owed to the federal government, and $2.2 million for new activities.
CH 270 H 2475 CLEAN COAL TECHNOLOGY TASK FORCE
An 18-member Clean Coal Technology Task Force is established to educate citizens and lawmakers on the suitability and cost of existing and emerging technologies for controlling coal emissions, identify the potential for safely capturing and containing coal emissions, identify research opportunities, and determine whether new state policies or incentives are needed to promote the development of new clean coal power plants. A report is due by December 31, 2007.
CH 271 S 1275 BREATHALYZERS & IGNITION INTERLOCK DEVICES
The certification required for breathalyzer devices may be done by the Dept of Health Services, the DPS or by judicial notice of DHS or DPS rules. Calibration tests are specified. A person’s inability to obtain manufacture’s specifications for any device shall not affect the admissibility of the results of any breath test properly administered. If the certification of an installer or manufacturer of ignition interlock devices is cancelled, the Dept of Motor Vehicles must notify each person with a device whose certification was canceled that s/he has 30 days to obtain another device or installer. Costs of the notification are to be paid from the DUI Abatement Fund. Effective May 11, 2006.
CH 272 S 1554 HOME COOKING SCHOOL LICENSING; EXEMPTIONS
The Dept of Health Services is required to establish rules exempting non-commercial social events that take place in the workplace and meals prepared at a home cooking school from statutory requirements regarding sanitation, inspection and licensing. Until such rules are adopted, kitchens within private homes used as cooking schools are exempt as long as only one cooking school meal a day is prepared and served and the meal is served to a maximum of 15 students who have been informed by published notice that the kitchen is not regulated or inspected by the Dept of Health Services or local health authorities. Effective May 11, 2006.
CH 273 H 2316 FLOOD CONTROL DISTRICTS; ENFORCEMENT
The powers of a county flood district are expanded to include authority to impose civil penalties for violations of its regulations and/or for damage to district facilities. The district’s chief engineer is authorized to apply for search warrants from a court of general jurisdiction to determine if violations have occurred. The engineer may issue a notice of violation to anyone who engages in non-permitted development in an active floodplain or has damaged or interfered with district facilities. Procedures are established whereby the person cited may request a hearing, and either party may subsequently appeal to a board of hearing review. For each day the violation continues, violators may be assessed a fine not to exceed that imposed for a class two misdemeanor.
CH 274 H 2585 CONTRACTORS; LICENSURE; APPLIANCE EXEMPTION
The maximum cost limit for jobs that can be legally performed by persons who are not licensed by the Registrar of Contractors is increased to $1000 from $750. This maximum amount does not include the cost of a fixture or an electrical appliance that can be plugged into a “common household electrical outlet” and that is not a affixed to the frame or foundation of a residential structure.
CH 275 S 1374 REAL PROPERTY; CIVIL ACTIONS; NOTICE
In statutes pertaining to the filing of a dwelling action, the phrase “reasonable detail” is defined as “a detailed and itemized list” that describes each alleged defect and the location of each observed defect in each dwelling unit.
CH 276 H 2389 SCHOOL BUS MARKINGS & SAFETY COURSE
The list of occasions when school buses are not required to conceal school bus markings is expanded to include carrying children to a school-sponsored activity (formerly, masking was required for all occasions other than carrying students to and from school). Statute regarding penalty for failure to stop for a school bus that is loading or unloading passengers is rewritten to provide a fine of $250 for a first offense, $750 fine and a suspended license for up to 6 months for a second violation within 3 years, and $1,000 and suspended license for up to 1 year for a third violation within 3 years.
CH 277 H 2691 TRUCKS; EXHAUST SYSTEMS; REQUIREMENTS
All commercial vehicles operating within the state must have an exhaust system that is detectable by a visual inspection and that is free from defects that affects sound reduction, is equipped with either a muffler or other noise dissipative device and is not equipped with a cutout, bypass or similar device. Violators are subject to civil penalties of at least $500.
CH 278 S 1066 LUXURY TAX; TOBACCO STAMPS
Changes in enforcement procedures and penalties in statutes governing the luxury tax on tobacco products. Provisions include an enhanced schedule of fines and authority for the state to seize the stock and personal property of a distributor who attempts to defraud the state by faulty record keeping, refusal to pay the cigarette tax or other attempts to defeat the law. The state must provide notice to all persons with a known interest in the seized property. Seizure and forfeiture are appealable actions, and persons with an interest in the property may file for an administrative hearing. Various definitions are changed or added. A licensed distributor of tobacco products may pay applicable taxes to the Dept of Revenue in lieu of purchasing official cigarette tax stamps. An individual who acquires “unstamped cigarettes” for his/her own use must register with the Dept of Revenue and pay all applicable taxes. Reporting requirements for distributors are changed to require more detailed information. More. Effective Oct 1, 2006.
CH 279 S 1103 OMNIBUS AGRICULTURE ACT OF 2006
Various changes to statutes relating to agriculture, including, the state agricultural laboratory is authorized to collect fees as prescribed by the director for lab services; the registrant of a pesticide distributed in the state with label directions in a language in addition to English must certify the directions have the same meaning; the Arizona Grain Research and Promotion Council is reduced to seven members from nine (all are still appointed by the governor); brands or earmarks are deemed abandoned if not re-recorded within three years (previously, one) from the due date for re-recording; the department is prohibited from issuing brand inspection certificates or permits to move or transfer ownership of animals if a federal agency seizes the animals except under specific circumstances.
CH 280 S 1180 CONSTABLE ETHICS COMMITTEE; FUND & MEMBERSHIP
Each county board of supervisors is to establish a fee not to exceed $5 for each writ served through justice of the peace courts. Revenues are deposited in the Constable Ethics Committee Fund, which is administered by the Constable Ethics Committee, subject to legislative appropriation. Eighty percent of the monies appropriated from the fund are to be used for constable training, equipment and related grants; the balance for the committee’s operating expenses. Membership in the committee is changed to remove the superior court judge and the chairperson of the Arizona Commission on Judicial Conduct. A gubernatorial appointee who is a member of the Arizona Multihousing Association is added. Additionally, the members must annually elect a chair from among its members. (Currently, the chair of the state’s commission on judicial conduct or the chair’s designee serves as chair of the Constable Ethics Committee.) Additionally, county sheriffs are authorized to charge a “reasonable fee” for executing a civil arrest warrant. The official title of the bill is the “Marilyn Jarrett Constable Ethics Act.”
CH 281 S 1364 RESTOCKING FEES; DISCLOSURES
Beginning Nov 1, 2006, a business that charges a restocking fee (defined) on a product the business sells must disclose in all advertising, point-of-sale locations, sales receipts and company websites the existence of the fee and where customers may obtain a full copy of the restocking fee policy. The business must provide the full restocking fee policy on its website.
CH 282 S 1443 SCHOOLS; GRADUATION; ALTERNATIVE REQUIREMENTS
For students who have failed the AIMS test, grades in elective courses that satisfy requirements established by the state Board of Education must be included in calculations to determine whether the student’s coursework grades are sufficient to augment the AIMS test score and to allow the student to graduate. Effective May 16, 2006.
CH 283 S 1541 EQUINE DENTISTRY EXCEPTION; VETERINARIANS
Procedures performed by certified equine dental practitioners are listed as exempt from statutes regarding the practice of veterinary medicine. Procedures such as dental examinations, treatment of oral cavities must be performed under the direct supervision (defined) of licensed a veterinarian.
CH 284 H 2206 STATE HIGHWAY FUND BONDS
The statutory cap ($1.3 billion) on Highway User Revenue Fund parity bonds issued by the State Transportation Board is eliminated. Further, parity bonds may only be issued if the money subject to pledge for payment during the previous 12 months is three times the highest annual principal and interest payment on all outstanding bonds and the bonds to be issued for the highest one year period during the life of both the outstanding bonds and the bonds to be issued. (Current law allows bonds to be issued at two times the amount).
CH 285 H 2221 RESIDENTIAL RENTAL INSPECTION PROGRAM
Municipalities may adopt a residential rental property inspection program if properly noticed hearings are held and if approved by a 3/4 majority vote of the council. Once the program is established, the municipality may conduct interior inspections of individual properties if conditions exist that affect the health and safety of occupants (including “significant” level of crime, documented history of code violations, etc). An inspection may be requested by the landlord or a legal tenant. The municipality shall perform an initial inspection and first follow-up at no charge to the landlord. A “reasonable fee” may be charged for each subsequent follow-up. The municipality may impose a civil penalty of $150 per day if a rental property is not registered with the county assessor as required by law. If a rental property has been designated a slum, a municipality may require the property owner to hire a property management company and may also require the owner to participate in landlord/tenant training sessions.
CH 286 H 2615 SCHOOL CROSSINGS; TRAFFIC VIOLATION
A person found responsible for a civil traffic violation in a school crossing is subject to a civil penalty. The penalty is doubled if the violation occurs during the time portable signs have been erected indicating a school crossing.
CH 287 H 2622 THIRD PARTY AUTO REGISTRATION
The Arizona Department of Transportation (ADOT), when reimbursing an authorized third party or third party electronic service provider for an allowable transaction, the reimbursement must include the initial, duplicate, or replacement of the credential. The minimum bond amount that must be submitted with an application to become an authorized MVD third party is increased to $100,000 from $25,000. Additionally authorizes the third party to retain fees for processing transactions.
CH 288 H 2649 FIREARMS; POSSESSION; STORAGE
With the exception of the legislature, local governments and state agencies are prohibited from enacting or implementing any law or ordinance relating to the possession or storage of firearms except what is necessary to implement provisions specified in statute. State, county and municipal judicial departments, law enforcement agencies and prosecutorial agencies may continue to prohibit deadly weapons. Political subdivisions of the state may continue to impose waiting periods of not more than 10 days on businesses that obtain second-hand firearms.
CH 289 H 2689 RESERVATION TELECOM LEG STUDY COMMITTEE
A 6-member Reservation Telecommunications Legislative Study Committee is established to identify methods to track tribal contributions to the state transaction privilege tax, an appropriate distribution formula that is modeled after the current city and state shared revenue formulas, an appropriate transaction privilege tax distribution process for tribal governments and recommend tribal telecommunications legislation that incorporates the state transaction privilege tax. The committee must present a report of their findings on or before June 30, 2007. Effective May 19, 2006.
CH 290 H 2727 SPECIAL LICENSE PLATES
Special White Mountain Apache Tribe license plates are authorized if the tribe pays $32,000 to the Dept of Transportation by Dec. 31, 2006, to cover related costs. Fees for the license plates are deposited in a special fund to be used by the White Mountain Tribe Transportation Committee for traffic control devices. Additionally, if the department receives two sums of $32,000 by the end of this year, it shall issue Professional Baseball Club and Families of Fallen Police Officers special license plates. Of the $25 annual fee, $17 from the professional baseball club plates will be deposited in a fund administered by the director of the Dept of Transportation used for programs relating to youth education and development, housing for the homeless or low income persons and health care for the indigent. Money collected from the fallen police officer plates will be deposited in a fund administered by the department with proceeds going to aid in the healing of families who lost a family member in the line of duty. Further, the entity that provides the implementation fee for the Professional Baseball Club special plate will be reimbursed using the first $32,000 raised from the sale of the license plate.
CH 291 H 2780 BOARD OF BEHAVIORAL HEALTH EXAMINERS
Various changes in statutes governing the Board of Behavioral Health Examiners, including a requirement the Board must either issue or deny a license within 180 days of submission of a completed application. After investigating complaints against licensees, the credentialing committee is not only authorized to make recommendations to the board (as formerly), it is additionally authorized to dismiss complaints it believes are without merit. Complaints dismissed by the credentialing committee are not considered complaints of unprofessional conduct and are not to be disclosed to the public as part of the complaint history against the licensee. Information released by the board regarding an on-going investigation must carry a statement that the complaint is pending and represents unproven allegations. Statute pertaining to the confidential relationship between patient and licensee is rewritten to state that relationship is “the same as between an attorney and a client” except in cases when the licensee has a legal duty to disclose. Also, two session law provisions: (1) when determining license reciprocity, the board must consider the applicant’s educational, supervised work experience and clinical supervision equivalencies; and (2) the board must establish a committee to make recommendations concerning specific work experience necessary to satisfy statutory requirements [ARS 32-3293 (1)(b)] for a licensed clinical social worker.
CH 292 H 2796 MOTORIZED ELECTRIC; GAS POWERED BICYCLES
Motorized electric or gas powered bicycles or tricycles (defined) are not required to have a certificate of title or vehicle registration. They are exempt from vehicle license tax and vehicle emissions inspections. A driver’s license is not required to operate them, and they are to be considered bicycles for right-of-way purposes. Local authorities may adopt ordinances that regulate or prohibit the operation of these vehicles, but they are prohibited from requiring them to be registered or licensed. Further, the definition of “neighborhood electric vehicle” is amended to remove specific references to capacity and speed and to require that such vehicles comply with federal definitions and standards for low speed vehicles.
CH 293 S 1154 CHIROPRACTIC CARE; MEDICAL NECESSITY REVIEW
For determinations of medical necessity review, a health care insurer may use a chiropractor licensed in this state or by any regulatory board in another state to review any direct denial of prior authorization of chiropractic service requested by a chiropractor.
CH 294 S 1209 PUBLIC MEETINGS; MINUTES; WEB SITE
A municipality with a population of over 2,500 people that has a web site must post notice of its meetings on its web site but failure to do so for technical reasons does not preclude the meeting from being held as long as all other public notice requirements are met. Additionally, the municipality must post to its web site notice of all legal actions taken during a meeting along with any recordings within three working days of the meetings, and meeting minutes must be posted within two working days of approval.
CH 295 S 1160 BESTIALITY; ANIMAL RESCUE COSTS
The crime of bestiality is defined and installed in statute. Violations are a class 6 (lowest) felony; except if the person forcibly caused a child under 15 to engage in proscribed conduct, the offense rises to a class 3 felony. Violators are also subject to counseling and must reimburse an animal shelter for costs incurred for care and maintenance of the animal. Additionally, a person convicted of any form of cruelty to animals (as defined under ARS 13-2910) is liable to the state or local government for expenses incurred in animal rescue operations.
CH 296 S 1242 TRAFFIC TICKET ENFORCEMENT ASSISTANCE PROGRAM
The Traffic Ticket Enforcement Assistance Program (designed to improve collection of delinquent fines) is expanded to cover boating violations as well as civil and criminal traffic violations. Also the $200 threshold amount of outstanding “monetary obligations” (defined as fines, penalties, court costs, surcharges, restitution, assessments and penalty enhancements) necessary to require that the DMV refuse to re-register a vehicle is deleted, making it mandatory that the DMV refuse to re-register a vehicle whose owner owes any monetary obligation to the court. Procedures are established whereby owners of vehicles refused re-registration by the DMV may appeal or petition a court to permit DMV to re-register at least one vehicle registered to the person.
CH 297 H 2208 MOTOR VEHICLES; UNLAWFUL OPERATION
If a person injures or kills someone while driving with a suspended, revoked or invalid drivers license, the person is guilty of a class 5 felony (for causing serious physical injury) or a class 4 felony (for causing death). Otherwise, causing injury or death by operating a motor vehicle is a class 3 misdemeanor and restitution is capped at $10,000.
CH 298 H 2220 PUBLIC RECORDS CONFIDENTIALITY; CODE OFFICER
The home address and phone number of code enforcement officers whose duties include performing field inspections of buildings and other structures shall not be released to the public unless the officer agrees.
CH 299 H 2239 REVISER’S TECHNICAL CORRECTIONS; 2006
Numerous statutory changes to repair inadvertent conflicting multiple enactments of statutes and otherwise defective or conflicting statutory language. An annual exercise.
CH 300 S 1086 PARKS BOARD RESERVATION REVOLVING FUND
The State Parks Reservation Surcharge Revolving Fund cap is increased to $75,000, from $12,000.
CH 301 S 1172 RETIREMENT; CORP; REEMPLOYMENT; DISPATCHERS
Full-time dispatchers of an eligible CORP employer may elect to participate in the Corrections Officer Retirement Program and may receive ordinary disability pensions if certain conditions are met.
CH 302 S 1322 DOMESTIC MICROBREWERIES
Statutes regulating domestic microbreweries and domestic farm wineries are split to provide separate subsections for each. Microbreweries are defined in part as those which produce between 5,000 and 620,000 gallons per year (currently 10,000 and 310,000). Microbreweries may sell a maximum of 93,000 gallons directly to any individual retailer and are permitted to sell and deliver to licensees in other states as long as doing so is not unlawful in the other states.
CH 303 H 2562 WEIGHTS AND MEASURES; CIVIL PENALTIES
The list of circumstances in which the director of the Dept of Weights and Measures may impose a civil penalty equal to double the maximum amount is expanded to include situations where the maximum penalty has been imposed on a refiner, refinery, registered supplier or transmix processing facility for a violation of motor fuel quality standards or producing a product transfer document that is incorrect, incomplete or produced in any manner tending to mislead or deceive.
CH 304 H 2614 DISCLOSURE OF PERSONAL INFORMATION; MVD
Sections 28-450 and 28-452 regarding the release of information by the Department of Transportation are repealed and replaced with new language. The Department of Motor Vehicles is prohibited from releasing or selling “restricted personal information” (photo, SS#, medical or disability info) obtained in connection with a motor vehicle record without the express consent (defined) of the person. Other personal information may be released only under circumstances provided in law (such as motor vehicle market research activities and law enforcement purposes) or to persons who apply to the DMV. The director of the DMV shall select a review panel to determine the applicant’s eligibility to receive the information. A joint legislative study committee on motor vehicle records is established to make recommendations and submit a report by the end of 2006.
CH 305 S 1382 AIMS TEST; DROPOUT PREVENTION
The AIMS Intervention and Dropout Prevention Program that currently serves grades 9 through 12 is expanded to include at-risk seventh and eighth grade students. Students participating in the program are eligible for re-entry up to 12 months following the completion of the program. The Dept of Education may use funds appropriated for the AIMS Intervention and Dropout Prevention Program to purchase materials designed to assist students in meeting the academic standards and to pass the test. Effective May 30, 2006.
CH 306 S 1486 CORPORATION COMMISSION; ARBITRATION
The Corporation Commission may adopt or administer arbitration procedures to resolve complaints or disputes brought against a telecommunications company. If the complaint involves a wireless provider, both the parties involved must consent in writing to arbitration.
CH 307 S 1137 AHCCCS; PACE PROGRAM
The Comprehensive Care for the Elderly (CCE) program is established to provide managed care benefits to qualified members of the Arizona Long-Term Care System (ALTCS). Requirements are established for how AHCCCS and ALTCS program contractors are to administer and operate the CCE program. AHCCCS administration is required to report annually on its efforts to support the development and implementation of the program. The program sunsets on July 1, 2016.
CH 308 S 1142 RETIREMENT; CORP; JUDICIARY
Probation, surveillance and juvenile detention officers who are considered employees of the judiciary are permitted to participate in the Corrections Officer Retirement Plan (CORP) if the Administrative Office of the Courts enters into a joinder agreement with the Fund Manager. The judiciary is authorized to designate all probation, surveillance and detention officers for membership in CORP, unless written contrary consent is obtained from the Fund Manager. All credited service from any other defined benefit retirement system or plan shall be transferred to CORP, unless the officer makes an irrevocable election to remain in their existing system or plan. A five-member local board for the judiciary is established to administer the plan. Effective on July 1 of the year following a determination that fund assets are at least 100% of accrued liabilities but in no case earlier than July 1, 2008.
CH 309 S 1167 ASRS; OPTIONAL FORMS OF RETIREMENT
Persons who retire from the Arizona State Retirement System after the effective date of this act may exercise a one-time election to rescind a retirement benefit option (an annuity to the named beneficiary in case the member dies) if the beneficiary originally named dies or becomes divorced from the member. If the member elected that a beneficiary receive a life annuity for a period certain and the member dies with no surviving beneficiary, remaining payments go to the retiree’s estate. Enactment conditional on the IRS officially determining the act does not violate minimum distribution rules under federal law.
CH 310 S 1276 WINE SHIPMENT; LIMITED PRODUCTION WINERY
Domestic farm wineries are defined as those with an annual production of between 200 gallons and 40,000 gallons. However, only those with annual production of fewer than 20,000 gallons may, under stipulated conditions, sell and deliver wine to consumers who order remotely (phone, Internet, mail, etc) but never more than two cases to the same address in any calendar year. Otherwise, the domestic farm winery may sell only to those physically present at the winery or to retailers for on- or off-premises consumption. A domestic farm winery is exempt from the bond otherwise required of all licensed liquor wholesales if it has made timely payments of all liquor taxes for each of the twelve previous months. [Note: other wholesalers must make payments for 24 consecutive months to have the bond requirement waived.] A purpose section says the Legislature intends by this enactment to conform state law to the requirements of the US Supreme Court decision in Granholm v. Heald.
CH 311 S 1350 PESTICIDES; CHILD CARE FACILITIES
Child care facilities and school offices must be notified 72 hours prior to the application of pesticide. Additionally, child care facilities and school offices must be notified before and after emergency applications of a pesticide that has a federal toxicity category of 3 or 4 and signage must be posted in the treated area and at the main entrance to the facility for at least 48 hours after application. The director of the Dept of Health Services, in consultation with various entities, must develop and adopt a policy to provide parents, guardians, children and personnel with at least 48 hours notice before pesticide application. An appropriation of $100,000 and two FTE positions is made to the Structural Pest Control Commission from the Structural Pest Commission Fund for the purposes of this action. The list of pesticide applications that are exempt from notification requirements is expanded to include disinfectants, swimming pool chemicals, block, gel or paste-type bait as long as it is inaccessible to children, personal repellants, and any pesticide exempt from regulation by