Arizona Capitol Reports Staff//February 16, 2007//[read_meter]
Arizona Capitol Reports Staff//February 16, 2007//[read_meter]
House
H 2725 RESTITUTION; CIVIL PROCEEDINGS BY VICTIMS
A person who is a victim of a criminal act is not precluded from bringing a civil action claiming damages in excess of the restitution actually paid (previously, damages had to be proved to be in excess of amount of restitution ordered.) First Sponsor: Rep. Burns Other Sponsors: Rep. Alvarez, Crandall, Gallardo, Konopnicki, Lujan, Arzberger, Gould, Hale, Miranda, Verschoor ARS Titles Affected: 13
H 2726 COMMUNICATION RECORDS; UNLAWFUL POSSESSION
It is a class 1 (highest) misdemeanor to sell, purchase or conspire to sell or purchase communication service records or lists without the written consent of the subscriber. A second violation is a class 6 (lowest) felony. First Sponsor: Rep. Farnsworth ARS Titles Affected: 13
H 2727 AHCCCS; HEALTHCARE GROUP; WAITING PERIOD
Removes the current requirement for AHCCCS to delay an employer group enrollment in HealthCare Group for 180 days following the date the employer’s health care coverage is discontinued. First Sponsor: Rep. Prezelski Other Sponsors: Rep. Ableser, Farley, Gallardo, Hershberger, Lopes, Lujan, Sinema, O’Halleran ARS Titles Affected: 36
H 2728 SCHOOLS; 8TH GRADE PROMOTION CERTIFICATES; ELIMINATION
The list of powers of a school governing board is reduced by eliminating the authority to issue certificates of promotion to pupils who graduate from the 8th grade. First Sponsor: Rep. Miranda Other Sponsors: Rep. Anderson, Bradley, Brown, Cloves Campbell Jr., Gallardo, Garcia, Lopez, Murphy ARS Titles Affected: 15
H 2729 SMOKING IN VEHICLES WITH MINORS
It is illegal to smoke in a motor vehicle if another person in the vehicle is under 18. First violation is a petty offense with a fine of at least $50 for each person in the car who is under 18. The fine grows with each subsequent violation. First Sponsor: Rep. Schapira Other Sponsors: Rep. Ableser, Chad Campbell, Clark, Crandall, Farley, Gallardo, Garcia, Kirkpatrick, Lopes, Lujan, McGuire, Saradnik ARS Titles Affected: 28
H 2730 DUI; IGNITION INTERLOCK DEVICE
First violations of DUI statutes will result the court ordering that vehicles driven by the offender be equipped with an ignition interlock device. First Sponsor: Rep. Schapira Other Sponsors: Rep. Ableser, Anderson, Bradley, Chad Campbell, Cloves Campbell Jr., Clark, Crump, Farley, Gallardo, Kirkpatrick, Lopes, Lopez, Lujan, Meza, Pancrazi, Prezelski, Saradnik, Sinema, Thrasher, Tobin, Ulmer, Aboud, Linda Gray ARS Titles Affected: 28
H 2731 SCHOOLS; TEACHERS; MINIMUM SALARY; APPROPRIATION
Beginning in fiscal 07-08, the minimum base salary for a full-time teacher employed by a school district is $33,000 per year. Appropriates $25 million from the general fund in fiscal 07-08 to the state Bd of Education for distribution to districts for implementation. First Sponsor: Rep. Schapira Other Sponsors: Rep. Ableser, Alvarez, Bradley, Brown, Cajero Bedford, Chad Campbell, Cloves Campbell Jr., Desimone, Farley, Gallardo, Garcia, Kirkpatrick, Lopes, Lopez, Lujan, Meza, Miranda, Pancrazi, Prezelski, Rios, Saradnik, Sinema, Thrasher, Tom, Ulmer, Aboud, Aguirre, Arzberger, Burton Cahill, Cheuvront, Garcia, Landrum Taylor, Rios, Soltero ARS Titles Affected: 15
H 2732 GOVERNMENT EDUCATION FUND; APPROPRIATION
The Arizona Government Education Fund is created to provide for annual one-week high school civics courses that focus on state government. Appropriates $100,000 from the general fund in fiscal 07-08 to the Dept of Education for implementation. First Sponsor: Rep. Burns Other Sponsors: Rep. Alvarez, Anderson, Arzberger, Bee ARS Titles Affected: 15
H 2733 ESCROW INTEREST ON TRUST ACCOUNTS
Changes in statutes pertaining to escrow deposits, including, monies received in escrow must be deposited in an interest-bearing account unless the escrow agent determines a separate account should be opened on which the buyer or seller would earn net interest. First Sponsor: Rep. Nichols Other Sponsors: Rep. Jim Weiers ARS Titles Affected: 6 41
H 2734 SEX OFFENDERS; REGISTRATION; ELECTRONIC IDENTITY
The list of information that must be provided by registered sex offenders to the Dept of Public Safety for posting on its Internet sex offender website is expanded to include e-mail addresses, instant messaging addresses or other Internet communications names or identities the person uses or intends to use. The DPS sex offender website must be able to conduct searches by Internet identity. Changes in sex offender electronic Internet identities must be reported to DPS within 72 hours which in turn has 3 days to update its Internet sex offender website. First Sponsor: Rep. Robson ARS Titles Affected: 13
H 2735 INCOME TAX; EARNED INCOME TAX CREDIT
A credit is allowed against a person’s state income tax liability if the person qualifies for an earned income tax credit under the IRS code. The amount of the credit is 20% of the federal EITC. A purpose section states this act is intended to provide an “economic benefit to persons and families of low income in this state.” Retroactive to Jan 1, 2007. First Sponsor: Rep. Gallardo Other Sponsors: Rep. Ableser, Chad Campbell, Desimone, Lujan, Prezelski, Sinema ARS Titles Affected: 42 43
H 2736 PHARMACIES; ANTI-EPILEPTIC MEDICATION
A pharmacist may not substitute the anti-epileptic drug specified on a prescription with another drug unless written consent is received from both the physician and the patient (or patient’s parent/guardian). First Sponsor: Rep. Gallardo Other Sponsors: Rep. Chad Campbell, Lujan ARS Titles Affected: 32
H 2737 EMPLOYERS OF DISABLED WORKERS; WAGES
Employers who rely on an administrative rule or regulation issued by the Industrial Commission to determine wages for disabled workers cannot be held liable for not paying proper wages. First Sponsor: Rep. Gallardo Other Sponsors: Rep. Ableser, Chad Campbell, Cloves Campbell Jr., Farley, Kirkpatrick, Lopes, Lujan, Pancrazi, Prezelski, Saradnik, Schapira, Sinema, Ulmer ARS Titles Affected: 23
H 2738 PAYDAY LOANS; MILITARY
It is a class 1 (highest) misdemeanor for a payday loan licensee to violate any provision of Section 670 of the John Warner National Defense Authorization Act for Fiscal 2007. First Sponsor: Rep. Gallardo Other Sponsors: Rep. Lujan, Prezelski ARS Titles Affected: 6
H 2739 SCHOOLS; CAREER LADDER PROGRAMS; EXPANSION
Current limits on the number of school districts permitted to participate in the career ladder program are eliminated. First Sponsor: Rep. Burns ARS Titles Affected: 15
H 2740 FIRE DISTRICTS; NONCONTIGUOUS AREAS
Definition of “county island” is changed. Maricopa County may (previously, “shall”) enter into an agreement with a municipality to provide fire protection and emergency medical services in a county island. A section in Title 48 (special taxing districts) is added to permit any Maricopa County resident in a county island to petition the county board of supervisors to form a noncontiguous county island fire district. Formation procedures are the same as for any fire district. Various sections in statutes related to county island fire districts are deleted. First Sponsor: Rep. Biggs ARS Titles Affected: 9 11 48
H 2741 SCHOOLS; INTERNATIONAL STUDIES
The Dept of Education must establish 3 schools of international studies and 7 international studies high schools among districts and charters in the state. The syllabus begins in kindergarten (or the grade at which a pupil enters the program) with instruction in a foreign language. Appropriates $2.3 million from the general fund in fiscal 07-08 to the Dept of Education for implementation. First Sponsor: Rep. Anderson Other Sponsors: Rep. Burns, Kirkpatrick, Konopnicki, Lujan, McClure, Thrasher ARS Titles Affected: 15
H 2742 SCHOOLS; TECHNOLOGY SYSTEMS GRANTS; APPROPRIATION
Instructional Technology Systems Grants are created to fund projects in districts and charters that upgrade instructional technology. Grants are awarded for proposals that best address digital curriculum, software, hardware, tech support, and networking and to those that ensure access to one networked broadband-equipped computer for every pupil in every classroom. Standards for connectivity must comply with those developed by the Government Information Technology Agency. Appropriates $10 million from the general fund in fiscal 07-08 for implementation. First Sponsor: Rep. Anderson Other Sponsors: Rep. Barnes, Boone, Burns, Kirkpatrick, Konopnicki, Lujan, McClure, McComish, Nelson, Reagan, Thrasher, Yarbrough, Huppenthal, Verschoor ARS Titles Affected: 15
H 2743 21ST CENTURY SUCCESS SCHOOLS
A 21st Century Success Schools Fund administered by the Dept of Education is created. Schools may apply for grants which are awarded based on demonstrated integration of a list of components (e.g., global awareness, civic literacy, etc) into a core curriculum. Appropriates $250,000 from the general fund in fiscal 07-08 to grants to up to 4 schools. First Sponsor: Rep. Anderson Other Sponsors: Rep. Burns, Kirkpatrick, Lujan, McClure, Thrasher ARS Titles Affected: 15
H 2744 SCHOOL DAY; ADDITIONAL HOUR; GRANTS
A School Day Extension Grants Fund administered by the Dept of Education is created to award grants to schools to pay costs associated with adding an additional hour of academic instruction to the school day. Appropriates $30 million from the general fund in fiscal 07-08 for implementation. First Sponsor: Rep. Anderson Other Sponsors: Rep. McClure ARS Titles Affected: 15
H 2745 CRIMINAL JUSTICE COMMISSION; MEMBERSHIP
Increases the number of gubernatorial appointments to the Arizona Criminal Justice Commission to 15 from 14 by adding a public defender. First Sponsor: Rep. Konopnicki Other Sponsors: Rep. Barnes, Hershberger, Johnson ARS Titles Affected: 41
H 2746 SCHOOLS; AIMS TEST; ELIMINATION
Passing the AIMS test is removed as a requirement for graduating from high school. Districts and charters are prohibited from administering the test after the effective date of this act. First Sponsor: Rep. Konopnicki ARS Titles Affected: 8 15 43
H 2747 INSURANCE; UNFAIR CLAIM SETTLEMENT; NATUROPATHS
Health insurance claims from naturopathic physicians are added to the list of claims from other health care professionals (allopathic, osteopathic and chiropractic physicians) that insurance companies must settle reasonably and fairly or be subject to civil penalties for unfair claim settlement practices. First Sponsor: Rep. Meza ARS Titles Affected: 20
H 2748 MENTAL ILLNESS; HUMAN RIGHTS COMMITTEES
The duty of the state’s regional human rights committees to document problems or violations of client rights by DES employees or service providers is expanded to include requirement that the committee submit recommendations for improvement. First Sponsor: Rep. Kirkpatrick Other Sponsors: Rep. Bradley, Chad Campbell, Saradnik, Schapira, Ulmer ARS Titles Affected: 41
H 2749 DETENTION CENTER DEMOLITION; APPROPRIATION
Appropriates $95,000 from the general fund in fiscal 07-08 to DES for distribution to the Navajo Tribe to demolish and removed the Tuba City Detention Center. First Sponsor: Rep. Kirkpatrick Other Sponsors: Rep. Chad Campbell, Saradnik, Schapira, Tom, Ulmer ARS Titles Affected: 41
H 2750 JUSTICE COURTS; CO-LOCATION
County boards of supervisors must locate one justice court in each justice precinct, except that the justices of the peace in justice courts with contiguous jurisdictions may agree to co-locate their courts in a single location. First Sponsor: Rep. Pearce Other Sponsors: Rep. Burges, Crump, Groe, Murphy, Johnson, Verschoor ARS Titles Affected: 22
H 2751 IMMIGRATION LAW; ENFORCEMENT; APPROPRIATION
All officials, agencies and personnel of counties and municipalities must support the enforcement of federal immigration laws to the full extent permitted by law, and cannot be restricted from obtaining or exchanging information relating to immigration status. County sheriffs and municipal police departments may train officers to investigate violations of federal immigration law. An Arizona Border Enforcement Security Team, a committee consisting of legislators and law enforcement personnel, is established to make grants to counties for expenses related to immigration enforcement. Appropriates $25 million from the general fund to the newly established Border Security Fund in FY 2007-08 for the grants. The Department of Administration must send billing invoices to the federal government to recover the $25 million. First Sponsor: Rep. Pearce Other Sponsors: Rep. Anderson, Barnes, Biggs, Boone, Burges, Clark, Crump, Farnsworth, Groe, Kavanagh, McClure, McComish, McLain, Murphy, Nelson, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Bee, Blendu, Burns, Gould, Linda Gray, Harper, Huppenthal, Johnson, Verschoor ARS Titles Affected: 11 41
H 2752 ILLEGAL ALIENS; DOMESTIC TERRORISM
It is illegal for illegal aliens to protest against a US citizen by an act that threatens, intimidates or results in physical injury to the citizen, to commit a crime against a citizen, or to belong to a criminal street gang that protests against citizens. This crime is labeled domestic terrorism and violation is a class (second lowest) 5 felony, except that belonging to a criminal street gang is a class 3 felony, with a minimum jail sentence of 6 months. Domestic terrorism committed for financial gain is added to the list of crimes classified as racketeering. First Sponsor: Rep. Pearce Other Sponsors: Rep. Anderson, Barnes, Biggs, Boone, Burges, Clark, Crump, Farnsworth, Groe, Kavanagh, McClure, McComish, McLain, Murphy, Nelson, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Bee, Blendu, Burns, Gould, Linda Gray, Harper, Huppenthal, Johnson, Verschoor ARS Titles Affected: 13
H 2753 VEHICLE IMPOUNDMENT & IMMOBILIZATION
If a person driving a vehicle or any passenger is arrested for a violation of consuming alcohol or having open containers of alcohol in a vehicle, the police officer must have the vehicle towed, even if the vehicle belongs to the driver’s parent and there is no DUI offense. A person who drives on a canceled or suspended licensed will have their vehicle towed and either immobilized or impounded, instead of only those with a license suspension for DUI convictions. The information that must be provided to an impounding agency for a vehicle to be released is modified, including that the owner must show proof of insurance. A spouse, who allows an unlicensed driver to drive the vehicle after agreeing not to, or a lending entity who releases the vehicle to the owner in violation of statute, must pay a civil penalty of at least $250. If the impounding agency is the Department of Public Safety, a county or a municipality, administrative fees must be used for specified purposes. First Sponsor: Rep. Pearce Other Sponsors: Rep. Anderson, Barnes, Biggs, Boone, Burges, Cloves Campbell Jr., Clark, Crump, Groe, Kavanagh, McClure, McComish, McLain, Nelson, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Johnson, Verschoor ARS Titles Affected: 28 41
H 2754 GREATER ARIZONA DEVELOPMENT AUTHORITY; APPROPRIATION
The list of purposes for which the Greater Arizona Development Authority (GADA) may issue bonds is expanded to include for counties, municipalities, special districts or Indian tribes to acquire, improve, or equip infrastructure. Monies in the GADA Revolving Fund are continuously appropriated. Appropriates $5 million from the general fund in each of FY 2007-08 and FY 2008-09 to the GADA Revolving Fund. First Sponsor: Rep. McLain Other Sponsors: Rep. Brown, Konopnicki, Lopes, Mason, Reagan, Arzberger, Flake, O’Halleran ARS Titles Affected: 41
H 2755 AEROSOL SPRAY PAINTS; STORAGE; DISPLAY
It is a petty offense for businesses in Maricopa and Pima Counties to store or display aerosol spray paint in an area that is accessible to the public without employee assistance. Municipalities in those counties may enact more stringent ordinances. First Sponsor: Rep. Garcia Other Sponsors: Rep. Desimone, Gallardo, Lopez ARS Titles Affected: 13
H 2756 VICTIMS’ RIGHTS; FREE POLICE REPORTS
The list of information that law enforcement agencies must notify a crime victim that the victim has a right to request is expanded to include one copy of the police report at no charge. This right is extended to the victim’s immediate family member if the victim is killed or incapacitated. First Sponsor: Rep. Garcia Other Sponsors: Rep. Ableser, Chad Campbell, Cloves Campbell Jr., Gallardo, Lopes, Lopez, Lujan, Pancrazi, Prezelski, Saradnik, Sinema, Tom, Ulmer ARS Titles Affected: 13
H 2757 HEALTH INSURANCE; CERTAIN MANDATES EXCLUDED
Health insurance providers may offer policies to individuals that are not subject to certain statutory mandates. The excluded mandates are different for each type of health insurance company. The list of health insurance mandates to which policies for small businesses are not subject is expanded. First Sponsor: Rep. Adams Other Sponsors: Rep. Boone, Stump ARS Titles Affected: 20
H 2758 JUSTICES OF THE PEACE; MARICOPA COUNTY; FUNDING
The state payment of 40% of justice of the peace compensation and employee related expenditures is eliminated in Maricopa County. Beginning in FY 2007-08, Maricopa County’s contributions to health care funding for the indigent is reduced by the amount of state reimbursement that the county would have received for the salaries of justices of the peace, and the county’s base expenditure limit is increased by the additional amount required to pay the entire salaries of justices of the peace. Retroactive to July 1, 2007. First Sponsor: Rep. Adams Other Sponsors: Rep. Burges, Crump, Groe, Pearce, Johnson, Verschoor ARS Titles Affected: 11 12 22 36
H 2759 PROFESSIONAL EMPLOYER ORGANIZATIONS; WORKERS COMP
Professional employer organizations may offer workers’ compensation to employees under an individual or master policy. First Sponsor: Rep. Crandall Other Sponsors: Rep. Adams, Biggs, Tobin ARS Titles Affected: 23
H 2760 MOTOR VEHICLE DEALERS; TIME SALES; PROHIBITED ACTS
Conditions under which the Supt of Financial Institutions may deny, suspend or revoke a business license of a dealer who sells vehicles under an installment contract are expanded to include engaging in conduct to facilitate a crime, knowingly selling a vehicle used to transport illegal aliens or illegal drugs, knowingly placing false liens on vehicles and knowingly altering a sales contract without the purchaser’s knowledge. First Sponsor: Rep. Meza Other Sponsors: Rep. Ableser ARS Titles Affected: 44
H 2761 DRIVER LICENSES; PHYSICIAN MANDATORY REPORTING
Physicians must report to the DMV names of patients with certain diseases of the eye or any disorder characterized by lapses of consciousness. The Medical Advisory Board shall recommend rules regarding report requirements. First Sponsor: Rep. McLain Other Sponsors: Rep. Burges, Groe, McClure, Meza, Yarbrough ARS Titles Affected: 28
H 2762 COUNTY REAL ESTATE TRANSFER TAX
Pima County Board of Supervisors is authorized to levy a real estate transfer tax based on the value of the property sold. Only sales of commercial and residential property in classes 1, 3 and 4 are subject to the tax. First Sponsor: Rep. Prezelski Other Sponsors: Rep. Lopes ARS Titles Affected: 11
H 2763 CONTRACTORS; DISCIPLINARY GROUNDS
The definition of one of the offenses for which a licensed contractor may be disciplined is changed so that conspiring with another licensed contractor or an unlicensed person to evade provisions of the law must be done “recklessly.” First Sponsor: Rep. Prezelski ARS Titles Affected: 32
H 2764 PRECINCT COMMITTEEMAN NAME CHANGE; MEMBER
The office of precinct committeeman is renamed precinct committee member. Because the name change also applies in clean elections statutes which were voter approved, 3/4 majority is required for passage (Prop 105). First Sponsor: Rep. Prezelski Other Sponsors: Rep. Barto, Burges, Burns, Cajero Bedford, Gallardo, Groe, Kirkpatrick, Lopes, Lopez, Mason, McGuire, Pancrazi, Reagan, Saradnik, Sinema, Thrasher, Ulmer, Aboud, Allen, Linda Gray, Rios ARS Titles Affected: 16 41
H 2765 NATIONAL GUARD; CIVIL LIABILITY; INDEMNITY
Members of the National Guard are not liable for damages for an act that occurs within the scope of the Guradsman’s duties. First Sponsor: Rep. Nichols Other Sponsors: Rep. Adams, Anderson, Barnes, Boone, Brown, Burns, Cloves Campbell Jr., Clark, Driggs, Groe, Konopnicki, Mason, McComish, McGuire, McLain, Murphy, Nelson, Pearce, Reagan, Rios, Robson, Stump, Tobin, Ulmer, Jim Weiers, Yarbrough ARS Titles Affected: 26
H 2766 NATIONAL GUARD MOBILIZATION; BORDER; APPROPRIATION
If the governor declares a state of emergency resulting from an increase in illegal aliens crossing the border and related increase in deaths, crime and property damage, the governor may mobilize the National Guard to address the emergency. The Guard will act under the authority fo the governor in a “primary role” to stop illegal border crossings and detain persons suspected of being illegal aliens. Further, the Guard “may take appropriate actions to defend its position along the border and does not need to retreat.” Appropriates $10 million from the general fund in fiscal 07-08 to the Dept of Emergency and Military Affairs for costs associated with Guard deployment. First Sponsor: Rep. Nichols Other Sponsors: Rep. Adams, Alvarez, Anderson, Barnes, Barto, Biggs, Boone, Burges, Burns, Cajero Bedford, Clark, Crandall, Crump, Driggs, Farnsworth, Groe, Kavanagh, Konopnicki, Mason, McComish, McGuire, McLain, Murphy, Nelson, Pearce, Reagan, Rios, Robson, Stump, Tobin, Jim Weiers, Jerry Weiers, Yarbrough ARS Titles Affected: 26
H 2767 IRRIGATION DISTRICTS; BOARD MEMBER QUALIFICATIONS
The list of qualifications to be an elector in an irrigation district is changed from an owner of land in the district to an owner of agricultural or non-agricultural land in the district. First Sponsor: Rep. Groe ARS Titles Affected: 48
H 2768 ELECTIONS; MAILED EARLY BALLOTS; RECEIPT
Elections officers must count early ballots that are delivered via US Mail after election day. The number of days after election day is blank in original. First Sponsor: Rep. Mason Other Sponsors: Rep. Brown, Konopnicki ARS Titles Affected: 16
H 2769 HOA; ASSESSMENTS; AMENITIES
If a member of a homeowner association declares in writing that the member wishes to withdraw from ownership and use of an amenity provided to all members, the association must reduce the assessment charged to the member by an amount equal to the proportionate cost of the amenity. First Sponsor: Rep. Mason ARS Titles Affected: 33
H 2770 REGENERATIVE TISSUE RESEARCH; APPROPRIATIONS
Appropriates $6 million from the general fund in each of the next five fiscal years to DHS to fund a repository to store human stem cells of nonembyronic origin and to finance research in regenerative medicine using nonembryonic stem cells. First Sponsor: Rep. Stump Other Sponsors: Rep. Bradley, Robson, Bee ARS Titles Affected: 41
H 2771 PROFESSIONAL EDUCATION STANDARDS BOARD
A Professional Education Standards Board (14 members all appointed by the governor) assumes duties from the Board of Education regarding teacher certification, standards of conduct, professional proficiency and discipline. Effective Jan 14, 2008. First Sponsor: Rep. Hershberger Other Sponsors: Rep. O’Halleran ARS Titles Affected: 15 41
H 2772 ADOPTION SUBSIDIES; TUTORING
The permitted uses of adoption subsidies provided through the Dept of Economic Security is expanded to include tutoring to assist adopted students whose education has bee disrupted because of multiple out-of-home placements resulting in the child working below grade level. Tutoring services shall be provided for adoptions that occurred before the effective date of this act. First Sponsor: Rep. Murphy ARS Titles Affected: 8
H 2773 AHCCCS; KIDSCARE; PRENATAL CARE
A pregnant woman who meets income qualifications is considered eligible for prenatal care under KidsCare. Coverage is subject to legislative appropriation. First Sponsor: Rep. Murphy Other Sponsors: Rep. Anderson, Barto, Burges, Nichols, Stump, Johnson ARS Titles Affected: 36
H 2774 CLEAN ELECTIONS
The costs a non-participating candidate incurs in a fund raising activity are subtracted from the amount in matching funds paid to an opponent who is a participating candidate. Because this bill amends the voter-approved Clean Elections Act, it requires a 3/4 majority for passage. First Sponsor: Rep. Murphy Other Sponsors: Rep. Reagan ARS Titles Affected: 16
H 2775 BOND ELECTIONS; PROHIBITED CONTRACTS
A person who contributes to promote voter approval of a bond election cannot receive any part of the bond proceeds. A bond issuing entity must not contract with or use bond proceeds to any person who contributed to efforts to promote approval of the issue by voters. First Sponsor: Rep. Murphy Other Sponsors: Rep. Barto, Biggs, Burges, Nichols, Pearce, Yarbrough, Johnson ARS Titles Affected: 35
H 2776 SALES TAX; OUT-OF-STATE USE
Transactions involving tangible personal property stored for later use solely outside this state and not intended for use or consumption within the state are exempt from sales tax. First Sponsor: Rep. Murphy ARS Titles Affected: 42
H 2777 SEX OFFENDERS; PROBATION; ANNUAL REVIEW
Registered sex offenders younger than 25 whose offense occurred when the offender was younger than 18 and who are on probation must have an annual probation review hearing with a court. Matters for the court to decide include whether to continue, modify or terminate probation; and whether to continue, modify or terminate registration or community notification requirements. Sex offenders older than 25 may request an annual review hearing. First Sponsor: Rep. Murphy Other Sponsors: Rep. Johnson ARS Titles Affected: 13
H 2778 YOUTHFUL SEX OFFENDERS; PROBATION
When a sex offender under the supervision of the juvenile probation department reaches 18 years of age, the person may continue to be supervised by the department until the person become 25. If the person violates the terms of probation, the court must sentence the person to the Dept of Corrections for a term of imprisonment. First Sponsor: Rep. Murphy Other Sponsors: Rep. Johnson ARS Titles Affected: 8 41
H 2779 FAIR & LEGAL EMPLOYMENT ACT; APPROPRIATION
A section entitled “Employment of Unauthorized Aliens” is added to labor statutes specifying it is a class 6 felony for any business to knowingly employ an unauthorized alien. Enhanced penalties and fines for repeat violations. After an enforcement agency notifies the business that an employee’s status has not been confirmed through a check of the federal Basic Employment Verification Pilot Program, the business has three days to terminate the employee or obtain additional documentation to prove the employee’s legal immigration status. Appropriates $3 million to the Immigration Enforcement Fund as created by this act for distribution to the attorney general’s office to pay costs associated with implementation. Severability clause First Sponsor: Rep. Pearce Other Sponsors: Rep. Anderson, Barnes, Biggs, Boone, Burges, Clark, Farnsworth, Groe, Kavanagh, McClure, McComish, McLain, Murphy, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Bee, Blendu, Burns, Gould, Linda Gray, Harper, Johnson, Verschoor ARS Titles Affected: 13 26 41 43
HCM 2011 COMPREHENSIVE IMMIGRATION REFORM
Urges Congress to adopt “sensible and comprehensive” immigration reform to include financial assistance to border states, establishment of market-based visa systems, and settlement of the status of illegals after paying fines and undergoing medical and criminal checks. First Sponsor: Rep. Gallardo Other Sponsors: Rep. Ableser, Chad Campbell, Cloves Campbell Jr., Farley, Kirkpatrick, Lopes, Lujan, Pancrazi, Prezelski, Saradnik, Schapira, Sinema, Ulmer ARS Titles Affected: 99
HCM 2012 NATIONAL GUARD; BORDER DEFENSE
The Legislature urges the federal government to change the rules of engagement for National Guard troops at the border to allow the Guard to “defend, engage, pursue and apprehend” those trying to enter the country illegally. Further, the Guard should be placed in a “primary enforcement role” until the Border Patrol receives its full compliment of officers as approved by Congress. First Sponsor: Rep. Nichols ARS Titles Affected: 99
HCR 2047 BUFFALO SOLIDERS RECOGNITION
The Legislature recognizes the contributions made by Buffalo Soldiers, acknowledges Arizona as one of the ‘frontier homes” of the Buffalo Soldiers and designates 2007 as the Year of the Buffalo Soldier. First Sponsor: Rep. Burns Other Sponsors: Rep. Alvarez, Cloves Campbell Jr., McClure, Arzberger, Bee, Landrum Taylor ARS Titles Affected: 99
HCR 2048 INDEPENDENT REDISTRICTING COMMISSION; REVISIONS
The 2008 general election ballot is to carry the question of whether to amend Article IV of the state constitution to change provisions establishing the Independent Redistricting Commission. The Commission on Appellate Court Appointments must prepare a list of 40 nominees (formerly 25). Members of the Legislature shall select the nominees by votes in each of the four caucuses. Each caucus selects 2 members. Electoral competitiveness among districts is moved to third in the list of priority considerations from sixth (which was last). First Sponsor: Rep. Gallardo Other Sponsors: Rep. Prezelski ARS Titles Affected: 98
HCR 2049 IMMIGRATION ENFORCEMENT
The 2008 general election is to carry the question of whether to amend statute to require the state and all local governments to “support the enforcement” of federal immigration law. Governmental entities may not be prohibited from sending or sharing information related to the immigration status of any individual. First Sponsor: Rep. Pearce Other Sponsors: Rep. Barnes, Biggs, Boone, Burges, Clark, Crump, Farnsworth, Groe, Kavanagh, McClure, McComish, McLain, Murphy, Nelson, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Bee, Blendu, Burns, Gould, Chuck Gray, Linda Gray, Harper, Huppenthal, Johnson, Verschoor ARS Titles Affected: 97
HCR 2050 FALLEN SOLDIERS; UNAUTHORIZED USE
The members of the Legislature express their regret regarding the death of every fallen soldier. They extend their sympathies to all surviving family members and encourage the respect of family wishes regarding the use of the fallen soldier’s name or pictures. First Sponsor: Rep. Nelson Other Sponsors: Rep. Adams, Anderson, Barnes, Barto, Biggs, Boone, Burns, Driggs, Groe, Hershberger, McClure, McComish, Pearce, Reagan, Robson, Stump, Tobin, Jim Weiers, Jerry Weiers, Yarbrough, Blendu, Linda Gray, Harper, Huppenthal, McCune Davis, Waring ARS Titles Affected: 99
HCR 2051 FAIR & LEGAL EMPLOYMENT; REFERENDUM
The 2008 general election ballot is to carry the question of whether to amend statute to specify it is a class 6 felony for any business to knowingly employ an unauthorized alien. Enhanced penalties and fines are provided for repeat violations. After an enforcement agency notifies the business that an employee’s status has not been confirmed through a check of the federal Basic Employment Verification Pilot Program, the business has three days to terminate the employee or obtain additional documentation to prove the employee’s legal immigration status. The act shall be known as the “Fair and Legal Employment Act.” Severability clause First Sponsor: Rep. Pearce Other Sponsors: Rep. Anderson, Barnes, Biggs, Boone, Burges, Clark, Farnsworth, Groe, Kavanagh, McClure, McComish, McLain, Murphy, Nichols, Robson, Stump, Jim Weiers, Yarbrough, Bee, Blendu, Gould, Linda Gray, Harper, Johnson, Verschoor ARS Titles Affected: 97
SENATE
S 1639 NOTARIES; CITIZENSHIP REQUIREMENT
A notary public must be a citizen of the United States. First Sponsor: Sen. Johnson ARS Titles Affected: 41
S 1640 FOREIGN MOTOR CARRIERS
Trucks registered in a foreign country must carry a valid certificate issued by the US Dept of Transportation, may not operate outside the area specified on the registration and are prohibited from carrying goods other than international cargo. The DPS may impound a vehicle found to be in violation. First Sponsor: Sen. Verschoor Other Sponsors: Sen. Harper ARS Titles Affected: 28
SJR 1002 WILLIAMS GATEWAY AIRPORT; REUSE ZONE
The Legislature and governor renew Williams Gateway Airport as a Military Reuse Zone. Retroactive to July 23, 2006. Designation terminates on July 23, 2016 First Sponsor: Sen. Verschoor Other Sponsors: Sen. Chuck Gray ARS Titles Affected: 99
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