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New Laws continued #7

Arizona Capitol Reports Staff//September 22, 2006//[read_meter]

New Laws continued #7

Arizona Capitol Reports Staff//September 22, 2006//[read_meter]

CH 388 S 1346 BIODIESEL PRODUCTION; CLASS 6 PROPERTY
Requirements that various governmental entities increase the use of alternative and/or clean-burning fuels in their vehicle fleets are satisfied by using biodiesel according to a stipulated formula. Also for property tax purposes, property used “specifically and solely” to produce fuel that is 100% biodiesel is classified as Class 6 property. [ Capitol Reports note: Class 6 property includes noncommercial historic property, property within a foreign trade zone, enterprise zone or military re-use zone, and property comprising certain qualified environmental technology manufacturing facilities. Class 6 property taxes are generally calculated at 5% of the property’s assessed valuation, whereas other commercial property currently pay taxes on 24% of its net assessed valuation.]
CH 389 S 1363 SCHOOLS; OFFICE OF INDIAN EDUCATION
The Office of Indian Education is established within the Department of Education. The office would provide technical assistance to schools and Indian nations to meet the educational needs of Native American students and to assist in the planning, development, implementation and evaluation of culturally relevant curricula and materials. The Office, in collaboration with relevant entities, must submit an annual statewide Native American education status report to all Arizona Indian nations that includes data on various specified performance measures. School districts whose boundaries include any tribal land must also submit annual status reports to the tribes and the department of education.
CH 390 S 1379 SPEECH-LANG PATHOLOGISTS; ASSTS; LICENSING
Establishes licensure requirements and scope of practice for speech-language pathologist (SLP) assistants who will be qualified to, among other activities, conduct speech and language screenings, provide direct treatment assistance, document client/patient progress and assist the pathologist in collection of data. A person seeking licensure as an SLP assistant must submit a nonrefundable application fee, proof of completion of a two-year speech pathologist assistant certification program or the equivalent from a nationally or regionally accredited university or college, proof of completion of a supervised clinical practicum in speech pathology, pass the required examination, be of good moral character and not have had a license revoked or suspended within the past two years.
CH 391 S 1461 DEPT. OF REVENUE; CONT & LEGISLATIVE OVERSIGHT
Retroactive to July 1, 2006, the statutory life of the Dept. of Revenue is extended ten years to July 1, 2016. The department shall not apply any new law retroactively or in a manner that will “penalize” a taxpayer for compliance with the previous law or interpretation. Procedures are prescribed for situations where, not because of any change in the law, the department adopts a new interpretation or application (defined) or determines that any existing provisions apply to a new category or type of taxpayer. Further, statutes relating to the Joint Legislative Oversight Committee on Property Tax Assessment and Appeals are amended to require that the committee meet as necessary to review any proposed changes to Department of Revenue guidelines, manuals or procedures. The department must consider the committee’s comments before adopting the new guideline, manual or procedure.
CH 392 S 1481 PROPERTY TAX EXEMPTIONS
The list of property types that are exempt from property tax is expanded to include those owned by (1) religious and charitable organizations that are leased to a nonprofit educational organization for use by students through the 12th grade and (2) qualified low income housing owned by a nonprofit corporation.
CH 393 S 1550 COPPER STATE PARK
A rock climbing state park is established in Gila County using 2000 acres of BLM land and 160 acres of state trust land. Other additions to the park do not require legislative approval unless such additions exceed 500 acres. Owners of land outside the park who are engaged in mining and mining related activities are indemnified from damage claims made by persons injured while within the boundaries of the park. A “legislative findings” section explains that the Legislature does not intend that this act will lead to establishment of any protective perimeters or buffer zones around the park and that activities historically associated with the park and its environs (mining, agriculture, ranching) shall not be impacted by the development of the park.
CH 395 S 1560 DUI; PENALTIES
Changes in statutes governing penalties for DUI. The 60-month period within which a second or third DUI conviction results in enhanced penalties is extended to 84-months. A second conviction must (previously, “may”) carry a court order to perform community service.

Summaries by Arizona Capitol Reports staff, part of Arizona News Service LLC, publisher of Arizona Capitol Times.

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