Take a moment to view this extensive report on legislative news important to AHPA members.  This report has been compiled by R&R Partners on behalf of AHPA.

Week of April 19th in Review

  • Today marked the 103rd day of the legislative session. This week, the Committees of the Whole in both the Senate and the House continued their push to hear and vote on as many bills that had cleared the committee process as possible as the legislative clock winds down toward sine die. Capitol regulars are predicting an end to the 2nd Regular Session of the 49th Legislature during the first week of May. To date, 112 bills have been signed into law by Governor Brewer.
  • On Wednesday, the House Committee on Judiciary and the House Committee on Health and Human Services each called a special hearing to reconsider two issues that have dominated this legislative session, funding for health care and the future of Arizona’s Clean Elections. House Health and Human Services met Wednesday morning to consider a strike-everything amendment to SB 1043 that restored KidsCare and reversed previously-enacted cuts to the Arizona Health Care Cost Containment System (AHCCCS). Originally, the Arizona Legislature had enacted substantial cuts to the AHCCCS and completely eliminated KidsCare in order to resolve a state deficit of approximately $3 billion. Days after the budget was passed, however, Congress passed a health care law that disqualified states who changed their health care programs/eligibility pools from receiving any federal health care money, meaning that Arizona’s newly-balanced budget would ultimately cost the state nearly $8 billion. The House Committee voted unanimously to restore the state funding necessary for the state to continue receiving federal dollars, but made it contingent upon Congress approving the extension of federal stimulus aid that would help pay for the states’ health care costs. On Thursday, SB 1043 was approved by the House Rules Committee, clearing the way for the bill to be voted on the House floor as early as Monday, April 26.
  • The House Committee on Judiciary met immediately after to take up SCR 1009, a measure that included a strike-everything amendment asking voters in November to repeal the Clean Elections system. Just two weeks earlier, this same committee voted down a similar attempt but after the measure was redrafted, it passed Wednesday by a party line vote of 5-3. Initially, proponents of ending the public campaign finance system called for voters to bar the use of “taxpayer money” for political campaigns but opponents said such language was misleading since voters might not know that what they were effectively doing was eliminating the program altogether. That language was subsequently replaced with more direct phrasing, leading to its passage out of committee. SCR 1009 was also considered by House Rules on Thursday and is cleared for consideration by the full House. On a related note, the 9th Circuit Court of Appeals heard arguments last week from supporters and opponents of the matching funds provision in Arizona’s Clean Elections system.
  • Last week, we reported that the Senate Committee on Finance held a special hearing to consider HB 2250, the Arizona Jobs Recovery Act, sponsored by House Speaker Kirk Adams. HB 2250 passed out of committee but faces an uncertain future as it is widely acknowledged that Governor Brewer is reluctant to have the bill reach her desk. Although HB 2250 aims to spur job growth through tax cuts to businesses and tax credits for companies creating new high-wage jobs, Brewer faces a tough re-election campaign challenge and appears concerned about signing a bill containing tax cuts for businesses while simultaneously pushing for an increase in the sales tax. In attempt to balance the two competing issues, Brewer unveiled her own plan to spur economic development but the heavily watered down version, which does not reduce business taxes, was met with lukewarm response. HB 2250 still has not been scheduled for a floor vote in the Senate and even if approved by that chamber, it must still receive a final vote in the House due to its heavily-revised status.
  • SB1070 (immigration; law enforcement – Sen. Russell Pearce) passed the Senate on final read this week by a vote of 17-11 on mostly party lines. Passage of the bill quickly caught national attention. SB1070 would be what is widely considered as the toughest illegal immigration legislation in the United States and requires local police to reasonably attempt to determine the immigration status of a person involved in a lawful contact where reasonable suspicion exists regarding the immigration status of the person. Opponents worry that requiring local police to enforce immigration laws will overwhelm cash-strapped police departments, encourage racial profiling and cause costly legal fees to defend the legislation in court. Governor Brewer held a news conference on Friday announcing that she signed the bill, as thousands of protestors rallied outside the Capitol. The news conference was carried by national news outlets, such as CNN and Fox News. President Barack Obama called the bill “misguided” on Friday and said it could violate people’s civil rights.

Week of April 26th in Review

  • A circus-like atmosphere dominated the final days of the Second Session of Arizona’s 49th Legislature. On Thursday, the 107th day of the legislative session, the Arizona Legislature sine died after a week packed full of negotiating and legislative action. Originally, legislative leaders were anticipating ending session during the first week of May but when talks between House Speaker Adams and Senate President Burns over HB 2250, also known as the Jobs Bill, broke down on Monday, Speaker Adams called for the legislature to adjourn this week. Shortly after Senate Republicans caucused to discuss the bill Monday morning, Burns made it clear to Adams that several members had strong issues with many of the components of HB 2250 and would not support it. He and Adams subsequently agreed to drop the issue in the Senate, effectively killing the bill, and called for sine die by Thursday.
  • Once word went out that the Legislature would be wrapping up on Thursday, Committees of the Whole in both the Senate and the House increased their push to hear and vote on as many bills that had cleared the committee process as possible. Scores of bills that were previously stalled started moving again and both chambers worked late into the evening on Wednesday and Thursday, addressing legislation on a number of topics, including restoring funding for AHCCCS and the KidsCare health insurance program, significant tweaks to SB 1070, the controversial immigration bill, and photo radar. On numerous occasions, the fate of key pieces of legislation appeared uncertain due to the fact that Senate Republican Majority Leader Chuck Gray was absent on Thursday. As Majority Leader, Gray’s vote was considered key to moving a wide array of bills opposed by the minority and/or a handful of other Republican members. Action in the Senate stalled repeatedly as President Burns and others scrambled to round up enough votes for various measures.

  • Although disagreement over HB 2250 was the impetus for sine die, Speaker Adams on Wednesday reconsidered his original unwillingness to further compromise on the bill and made a last-ditch effort to revive it, sending staffers to negotiate with staff from the governor’s office. He continued with his push to bring it back to the Senate agenda for much of Thursday. However, Senate President Bob Burns refused to consider it, saying that this would be a violation of their agreement to let the matter rest and wrap up the session. Adams explained that, after further consideration and negotiations, he believed he was close to reaching a compromise that would have addressed the concerns raised by the Senate and the governor. Some elements of his compromise included refining the enterprise zones statutes, eliminating the supplemental jobs training program, postponing the corporate income tax reductions until FY 2014, immediately phasing in the corporate sales tax factor and removing the elimination of the state equalization tax. Burns was unmoved in his opposition to deviating from the agreement to sine die.
  • One of the most critical issues this legislative was the funding – or lack thereof – for AHCCCS and KidsCare. Last week, the House Health and Human Services Committee unanimously passed a strike-everything amendment to SB 1043 that restored KidsCare and reversed previously-enacted cuts to the Arizona Health Care Cost Containment System (AHCCCS). Originally, the Arizona Legislature had enacted substantial cuts to the AHCCCS and completely eliminated KidsCare in order to resolve a state deficit of approximately $3 billion but days later, a national health care law was passed disqualifying states who changed their health care programs/eligibility pools from receiving any federal health care money, meaning that Arizona’s newly-balanced budget would ultimately cost the state nearly $8 billion. Late Wednesday evening, the House approved SB 1043 by a vote of 55 to 4, with the Senate voting 18 to 10.
  • Although the Legislature had a full plate of heavy issues to deal with this session, including a massive and ongoing budget deficit, one particular issue emerged to dominate the final weeks of the session and cast Arizona into an international spotlight – immigration reform. Last week, SB 1070 (immigration; law enforcement – Sen. Russell Pearce) passed the Senate on final read a vote of 17-11 on mostly party lines and was quickly signed by Governor Brewer. SB 1070, which requires local law enforcement to reasonably attempt to determine the immigration status of a person involved in lawful contact if reasonable suspicion exists regarding their immigration status, is widely considered the toughest illegal immigration legislation in the U.S. Opponents of the bill worry that requiring local police to enforce immigration laws will overwhelm cash-strapped police departments and court systems and encourage racial profiling while advocates for the state-level immigration reform maintained its importance in aiding Arizona in the fight against Mexican drug trafficking, human smuggling, kidnapping and other border-related crimes. The passage and signing of the bill garnered massive national attention and generated widespread protests that continued throughout this week, including calls for economic boycotts of Arizona by numerous other cities and states.
  • This week, the Legislature tweaked SB 1070 by passing HB 2162, the “trailer” bill to SB 1070 that attempted to resolve additional concerns about the controversial measure by limiting the scope of the law, providing for increased protection of local governments from lawsuits and establishing the Arizona Border Security Commission to help research, report on and guide the implementation of the immigration measure. Originally, passage of HB 2162 was in doubt when not enough Republican senators were present to vote. Republican Majority Leader Chuck Gray was absent on Thursday, the final day of session despite the fact that his presence was deemed critical to passage of this and other key legislative priorities. When Senator Leff had to leave for a previously scheduled flight before HB 2162 could come to the Senate floor for a vote, the fate of the bill became highly uncertain. However, Leff’s flight ended up being delayed and DPS hastily escorted her from the airport back to the Senate chamber to cast her vote on the issue. HB 2162 ultimately passed by a margin of 16 to 11, with three members not voting.
  • Also on Thursday, the National Coalition of Latino Clergy and Christian Leaders filed the first lawsuit against SB 1070 on the grounds that it violates the U.S. Constitution’s supremacy clause. It is now one of three suits that have been filed challenging the bill. Opponents are also threatening to halt the implementation of the bill by launching a ballot referendum campaign to put SB 1070 on this November’s ballot. Early Thursday, Petition Partners registered a referendum committee to allow voters to decide whether or not they wanted the new law, with the clear goal of overturning SB 1070. To get the ballot initiative onto the November ballot, more than 76,000 signatures must be turned in by July 1. However, in an interesting twist, if the signatures are filed after July 1, the ballot initiative could potentially not go to voters until 2012 – but because the question had been raised, implementation of SB 1070 would still be delayed until that time.
  • Another bill of interest (SB1045) that crossed this week’s finish line dealt the privatization of the State Compensation Fund, or SCF. Late Thursday evening, after attempts by the House at an amendment that would have derailed the entire bill and jeopardized the future of SCF, the House adopted a compromise amendment allowing the SCF Board of directors to establish a successor mutual insurer corporation, but delayed the full transition until January 1, 2013. Conforming legislation for the termination of SCF and Board willbe introduced next legislative session.
  • Last week, the future of Arizona’s Clean Elections was in doubt when the House Committee on Judiciary held a special hearing and voted 5-3 to pass SCR 1009 out of committee. The measure included a strike-everything amendment asking voters in November to repeal the Clean Elections system and was a part of the “good-government” ballot measures advocated by the O’Connor House Project. However, although the bill cleared the committee process last week, it never made it the floor during the final push for sine die. Another measure that could have potentially led to the elimination of Clean Elections did make it to the floor this week but died in the Senate late Thursday by a vote of 14-11. HCR 2041 was the ballot measure asking the public to reauthorize voter-approved spending every eight years. It would have applied retroactively to any ballot measures that were previously authorized or required the expenditure of state monies.

AHPA Legislative Issues

  • The last two weeks of session winded down with few AHPA bills moving through the process. HB 2062; aggravated assault; peace officers was signed by the Governor on April 20th and HB 2296; peace officer; spouse insurance payment was signed by the Governor on April 26th. The only other issue outstanding was the transfer of Capitol Police into DPS, HB 2511. That bill was put on hold due to concerns raised by Director Halliday because of the potential negative impact it could have on current DPS employees given the current budget situation. The issue wills more than likely return next session.

Bill Tracking List:

The most relevant bills are highlighted in yellow and head the bill tracking list.  To view copies of bills, you can request a copy from our office or visit www.azleg.gov and type in the bill number in the upper right hand corner. **Bills that are considered dead have been removed.

clear

HB 2511: CAPITOL POLICE; TRANSFER Transfers Capital Police as a division within the Arizona Department of Administration (ADOA) to the Department of Public Safety (DPS). First sponsor: Sen. Pearce 4/13
from Senate rules okay.
H2062: AGGRAVATED ASSAULT; PEACE OFFICERS Establishes requirements that must be met to qualify persons as expert witnesses in a civil action. Also establishes factors to qualify expert opinion testimony in such cases as admissible. First sponsor: Rep. Tobin 4/20
signed by governor. Chap. 97, Laws 2010.
H2296: PEACE OFFICER; SPOUSE; INSURANCE PYMT Surviving spouses of peace officers killed in line of duty are entitled to receive payments for health insurance premiums from public monies of the officer’s employer for the first 6 months after the officer’s death in specified circumstances. First sponsor: Rep. Jerry Weiers
Others: Rep. Antenori, Rep. Ash, Rep. Biggs, Rep. Burges, Rep. Chad Campbell, Rep. Chabin, Rep. Court, Rep. Driggs, Rep. Farley, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Konopnicki, Rep. Lesko, Rep. McComish, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Pratt, Rep. Seel, Rep. Yarbrough
4/26
signed by governor. Chap. 148, Laws 2010.
S1169: CORRECTIONS OFFICERS; SECOND JOBS Conditions are established whereby the surviving spouse of a law enforcement officer (including probation or surveillance officer) killed in the line of duty is entitled to receive payments for health insurance premiums from the officer’s former employer for one year after the officer’s death. Payments for the officer’s dependents are included if the dependents were covered at the time of the officer’s death. Retroactive to Jan 1, 2010. Emergency clause. AS PASSED SENATE. First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Crump, Rep. Gowan, Rep. Jerry Weiers, Sen. Aguirre, Sen. S. Allen, Sen. Alvarez, Sen. Burns, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Huppenthal, Sen. Melvin, Sen. Miranda, Sen. Paton, Sen. Pierce, Sen. Verschoor
4/28
Senate concurred in House amendments and passed on final reading 29-0; ready for governor.
S1261: FAMILIES OF FALLEN OFFICERS FUND The permitted uses of monies in the fund into which the contribution portion of special license plates for families of fallen officers is deposited is expanded to include training to law enforcement agencies on survivor victimization issues and educating the public about the need to support law enforcement in general and the families of fallen police officers. Control of the fund is transferred to the Dept of Public Safety from the Dept of Transportation. First sponsor: Sen. Nelson
Others: Sen. Garcia, Sen. L. Gray, Sen. Huppenthal, Sen. Rios, Sen. Verschoor
4/23
signed by governor. Chap. 145, Laws 2010.
S1018: PHOTO ENFORCEMENT PROCEDURES; JUSTICE COURTS Photo enforcement systems must not be located within 600 feet of a speed change except in school zones. A sign clearly stating the speed limit must be posted between the two photo enforcement warning signs currently required. An action stemming from detection by a speed enforcement system must commence within 120 days of the alleged violation. A county is authorized to add a processing fee to the $165 penalty assessed for a photo enforcement violation. It is illegal to cover a license plate or employ any device or film that prevents law enforcement from identifying a vehicle via a photo enforcement camera. Retroactive from July 1, 2009, until the effective date of this bill, state photo enforcement citations can only be included in judicial productivity credit calculations if the citation resulted in a finding of responsibility or guilt. In FY2010-11, 40% of monies in the the Photo Enforcement Fund after paying all expenses and court costs, and to a maximum of $7 million, are transferred to the Public Safety Equipment Fund. AS PASSED SENATE. First sponsor: Sen. Pearce
Others: Sen. S. Allen, Sen. C. Gray, Sen. Melvin, Sen. Miranda, Sen. Verschoor
4/29
passed House 43-2. Senate concurred in House amendments and passed on final reading 22-4; ready for governor.
H2043: LAW ENFORCEMENT; DUTY FITNESS EXAM Various procedures are established governing situations in which a law enforcement officer or probation officer fails a fitness-for-duty examination due to a physical or psychological condition and may choose to request an independent examination. AS PASSED HOUSE. First sponsor: Rep. Kavanagh 4/23
VETOED message
H2065: RETIREMENT; ASRS; LTD APPEALS The Board of the Arizona State Retirement System is authorized to determine the rights, benefits or obligations of any person under the ASRS long-term disability program. The Board may hold a hearing or review of an administrative law judge’s decision at the request of any dissatisfied person. The person may request that the hearing be done in executive session, but the request must be made at least 48 hours prior to the hearing. First sponsor: Rep. Boone Hearing:
Senate Healthcare & Medical Liability Reform (Wednesday 04/07/10 at 9:00 AM, Senate Rm. 1)
4/7
Senate hel-med held.
H2067: RETIREMENT; PSPRS; OMNIBUS AMENDMENTS Various changes to the Public Safety Personnel Retirement System statutes, including modifying definitions, modifying death benefits for surviving spouses, establishing deadlines for local boards to take certain actions, and making PSPRS a jural entity that may sue and be sued. More. AS PASSED HOUSE. First sponsor: Rep. Boone 4/23
signed by governor. Chap. 118, Laws 2010.
H2085: PHOTO ENFORCEMENT; CITATION ISSUANCE Photo enforcement citations issued under the state photo enforcement system must be issued by a law enforcement officer at the time of the violation. First sponsor: Rep. Mason
Others: Rep. Ash, Rep. Boone, Rep. Burges, Rep. Hendrix, Rep. Montenegro, Rep. Murphy, Rep. Nichols
3/8
House COW approved.
H2162: ILLEGAL IMMIGRATION; BORDER SECURITY COMMISSION The Senate Appropriations Committee adopted a strike-everything amendment establishing the 18-member Arizona Border Security Commission (Commission). 4/29 Senate adopted conference report #5349. House adopted conference report #5349 and passed on final reading 33-22. NOTE SHORT TITLE CHANGE. Passed Senate on final reading 16-11; ready for governor.
H2166: LAW ENFORCEMENT; OFFICER; REPRESENTATION Circumstances in which a law enforcement officer or probation officer who appeals a disciplinary action is afforded the right to request a change of hearing officers is expanded to include hearings before the state personnel board. First sponsor: Rep. Biggs 4/27
signed by governor. Chap. 177, Laws 2010.
H2197: SCHOOL BUS INSPECTIONS; RULES School bus inspections are no longer required to be conducted by the Dept of Public Safety. Instead inspections are to be conducted pursuant to rules adopted by the Dept of Administration. First sponsor: Rep. Jerry Weiers
Others: Rep. Crump, Rep. Gowan, Rep. Montenegro, Rep. Seel
4/19
signed by governor. Chap. 87, Laws 2010.
H2213: PHOTO ENFORCEMENT; CONTRACTS; PUBLIC AGENCIES Public agencies are prohibited from entering into a new contract or renewing an existing contract authorizing photo enforcement unless the contract is approved by the Legislature. First sponsor: Rep. Biggs
Others: Rep. Boone
2/25
House COW approved with the rules tech amendment.
H2300: DRIVING ON HIGHWAYS; LANE REGULATION Vehicles with a gross weight of more than 26,000 pounds must be driven in the right-hand lane on divided highways with 3 or more lanes. In counties with 800,000 or more persons (currently Maricopa and Pima), these vehicles may also drive the lane to the immediate left of the right-hand lane. First sponsor: Rep. Farley
Others: Rep. Antenori, Rep. Crump, Sen. Verschoor
4/28
House concurred in Senate amendments and passed on final reading 46-12; ready for governor.
H2336: ESCORT VEHICLES; TRAFFIC CONTROL; INSURANCE Escort vehicle operators who are trained in certified traffic control techniques may perform traffic control under guidelines developed by the Department of Transportation and the Department of Public Safety. Persons acting as traffic flaggers (a person doing temporary traffic control in a state highway work zone) must be trained and recertified every four (previously every two) years. AS PASSED HOUSE. First sponsor: Rep. Antenori
Others: Rep. Court, Rep. Jones, Rep. Kavanagh
4/20
signed by governor. Chap. no. awaited.
H2338: TRAFFIC SIGNALS Among the traffic control standards to which local jurisdictions must conform is added a requirement that the minimum duration of yellow lights must be three seconds. Statutes authorizing photo enforcement of red light running is changed to require that the photo of the violation must be taken no sooner than one second after the traffic light turns to steady red. AS PASSED HOUSE. First sponsor: Rep. Antenori
Others: Rep. Biggs, Rep. Burges, Rep. Court, Rep. Crump, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Seel, Rep. Stevens
4/27
House concurred in Senate amendments and passed on final reading 36-21; ready for governor.
H2344: PUBLIC EMPLOYEES; LOBBYING; POLITICAL ACTIVITIES Public employees are prohibited from lobbying a governmental entity or engaging a any political activity during the hours of employment. Does not apply to employees who are registered as a public lobbyist who lobby for the employer as part of their official duties. Public entities cannot use taxpayer monies to fund any part of a rally, protest, or lobbying effort. First sponsor: Rep. Antenori
Others: Rep. Burges, Rep. Court, Rep. Crump, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Montenegro, Rep. Seel, Rep. Stevens
2/24
from House pub-ret-ent do pass.
H2347: CONCEALED WEAPONS; PERMIT; JUSTIFICATION Removes carrying a deadly weapon without a permit from the list of actions that constitute misconduct involving weapons. Concealed weapons permit holders are no longer required to carry the permit when in possession of a weapon, and are exempt from the prohibition on carrying a deadly weapon into a public establishment or event. Prohibits a person under 21 years of age from carrying a concealed firearm. More. First sponsor: Rep. Antenori
Others: Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Hendrix, Rep. Kavanagh, Rep. Lesko, Rep. Montenegro, Rep. Murphy, Rep. Seel, Rep. Stevens, Rep. Jerry Weiers, Sen. S. Allen, Sen. C. Gray, Sen. Harper, Sen. Nelson, Sen. Pearce, Sen. Verschoor
4/8
see S1108.
H2383: NATIONAL GUARD MOBILIZATION; BORDER If the governor declares a state of emergency resulting from unauthorized international border crossings, the governor must mobilize the National Guard to address the emergency. First sponsor: Rep. Seel
Others: Rep. Antenori, Rep. Ash, Rep. Burges, Rep. Crump, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Kavanagh, Rep. Montenegro, Rep. Stevens, Rep. Jim Weiers, Rep. Jerry Weiers, Sen. S. Allen, Sen. Gould, Sen. L. Gray, Sen. Harper, Sen. Melvin, Sen. Pearce, Sen. Verschoor
2/24
FAILED to pass House 28-30.
H2384: IMMIGRATION LAWS; LOCAL LAW ENFORCEMENT Municipalities and counties must not enact ordinances or adopt policies that prohibit the lawful enforcement of federal immigration laws. Municipal or county officials, agencies or personnel cannot be restricted from maintaining information on immigration status or exchanging that information with other governmental entities. County sheriffs and municipal police departments are required to implement a program to address violations of federal immigration law. First sponsor: Rep. Boone
Others: Rep. Adams, Rep. Antenori, Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Biggs, Rep. Burges, Rep. Court, Rep. Crandall, Rep. Crump, Rep. Driggs, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Konopnicki, Rep. Lesko, Rep. Mason, Rep. McComish, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Pratt, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Tobin, Rep. Jim Weiers, Rep. Jerry Weiers, Rep. Yarbrough
3/8
House COW approved with floor amend #4568, a substitute for the rules tech amendment.
H2389: RETIREMENT; ASRS; PLAN DESIGN; REFUNDS Various changes to the Arizona State Retirement System retirement plan, including modifying the calculation for “compensation” (used to determine retirement amounts) to exclude certain compensation paid to a member. For ASRS members whose membership begins after July 1, 2011, the formula used to calculate average monthly compensation is modified and one of the options for normal retirement is changed to when the sum of a member’s age and years of credited service equals 85, instead of 80. Similarly, qualification for early retirement is changed to when the member’s age and years of service equals 82 instead of 78. Appropriates $1.3 million in FY 2010-2011 to the ASRS from the ASRS Administration Account Fund for implementation. Language permitting retired members of ASRS to receive a subsidy health insurance premiums is deleted; members currently receving the subsidy are not affected as long as the member’s previous employer assumes administrative functions assoicated with the payment. AS PASSED HOUSE. First sponsor: Rep. Boone 4/14
signed by governor. Chap. 50, Laws 2010.
H2391: RETIREMENT; ASRS; EIGHTY-FIVE POINTS For members of the Arizona State Retirement System whose membership begins after July 1, 2011, one of the options for normal retirement is changed to when the sum of a member’s age and years of credited service equals 85, instead of 80. (Note: Other options for normal retirement remain at age 65 or age 62 with 10 years of service). First sponsor: Rep. Boone 3/30
referred to Senate gov inst.
H2404: RETIREMENT; ASRS; AVERAGE MONTHLY BENEFIT For members of the Arizona State Retirement System whose membership begins after July 1, 2011, the formula used to calculate average monthly compensation is modified. First sponsor: Rep. Boone 3/30
referred to Senate gov inst.
H2444: LIQUOR DEPT; TRANSFER; DPS Eliminates the Department of Liquor Licenses and Control and transfers authority and responsibility for the regulation of liquor in Arizona to the Department of Public Safety. Session law directs Legislative Council to prepare conforming legislation. First sponsor: Rep. Jerry Weiers
Others: Rep. Goodale, Rep. Gowan, Rep. Montenegro, Rep. Stevens, Rep. Tobin, Sen. Pearce
3/2
from House rules okay.
H2478: MUNICIPAL DEVELOPMENT FEE; MORATORIUM Clarifies that the moratorium against new municipal development fees that was imposed by Laws 2009, Third Special Session, Chapter 4, Section 41, is also intended to apply to any new fee or increase in an existing fee adopted by a municipality’s governing body between March 1, 2009, and Sept 1, 2009. The time period during which the moratorium is in effect is extended one year to June 30, 2012. Retroactive to Sept 1, 2009. AS PASSED SENATE. First sponsor: Rep. Konopnicki 4/26
signed by governor. Chap. 153, Laws 2010.
H2531: UNAUTHORIZED ALIENS; IMMIGRATION LAWS; ENFORCEMENT Officials, agencies, and personnel of the state, counties or municipalities are prohibited from enacting policies that limit the enforcement of federal immigration laws to the full extent permitted by federal law. For any legitimate contact made by government officials or personnel where reasonable suspicion exists, a reasonable attempt shall be made to determine a person’s immigration status. If the person is unlawfully present in the U.S., the person must be transferred to the custody of U.S. Immigration and Customs Enforcement or U.S. Border Protection. Also creates the crime of trespassing by illegal aliens, with a fine of at least $500 for a first violation and at least $1000 for subsequent violations. First sponsor: Rep. Gowan
Others: Rep. Antenori, Rep. Stevens
H2602: COUNTY RECORDER; ACCESS The prohibition against public access to some records maintained by the county recorder does not extend to law enforcement personnel in the performance of their official duties. First sponsor: Rep. Jerry Weiers 4/28
House concurred in Senate amendments and passed on final reading 58-0; ready for governor.
H2629: FIREARMS; RETIRED LAW ENFORCMENT A law enforcement officer who retired due to a disability not associated with a mental disorder who was certified to carry a weapon and was in good standing at the time of retirement is not required to have a concealed weapons permit to carry a concealed weapon. First sponsor: Rep. Stevens
Others: Rep. Antenori, Rep. Ash, Rep. Biggs, Rep. Burges, Rep. Driggs, Rep. Gowan, Rep. Konopnicki, Rep. Lesko, Rep. McGuire, Rep. Montenegro, Rep. Murphy, Rep. Pratt, Rep. Seel, Rep. Tobin, Rep. Williams, Sen. Melvin, Sen. Nelson
4/28
House concurred in Senate amendments and passed on final reading 55-2; ready for governor.
H2632: IMMIGRATION; LAW ENFORCEMENT; SAFE NEIGHBORHOODS Various measures related to illegal aliens. No governmental entity in the state may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted. In all contact by government employees with a person where “reasonable suspicion” exists that the person is an illegal alien, the person’s immigration status must be verified. A law enforcement officer is authorized to arrest, without warrant, any person the officer believes to be an illegal. A person commits the crime of trespassing (minimum class 1 [highest] misdemeanor) by being in the U.S. illegally. It is a class 1 misdemeanor to stop on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic. It is a class 1 misdemeanor for an illegal alien to knowingly apply for, solicit, or perform work as an employee or independent contractor. It is a class 1 misdemeanor to transport or conceal an illegal alien. It is also illegal to induce an illegal to reside in this state. Severability clause. More. First sponsor: Rep. Gowan
Others: Rep. Antenori, Rep. Burges, Rep. Crump, Rep. Kavanagh, Rep. Lesko, Rep. Murphy, Rep. Nichols, Rep. Seel, Rep. Stevens, Rep. Yarbrough, Sen. L. Gray, Sen. Harper, Sen. Melvin, Sen. Pearce, Sen. Pierce, Sen. Verschoor
3/23
House COW approved with amend #4414 and floor amend #4769.
H2645: REST AREA MAINTENANCE; ADOT AGREEMENTS The Dept of Transportation is authorized to enter into agreements with other governmental entities or private sector entities (including nonprofits) to improve and maintain rest areas on state highways. First sponsor: Rep. Patterson
Others: Rep. Ableser, Rep. Antenori, Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Biggs, Rep. Boone, Rep. Bradley, Rep. Brown, Rep. Burges, Rep. Cajero Bedford, Rep. Chad Campbell, Rep. Chabin, Rep. Court, Rep. Crandall, Rep. Crump, Rep. Deschene, Rep. Farley, Rep. Fleming, Rep. Garcia, Rep. Goodale, Rep. Heinz, Rep. Hendrix, Rep. Jones, Rep. Lesko, Rep. Mason, Rep. McGuire, Rep. McLain, Rep. Meyer, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Pancrazi, Rep. Pratt, Rep. Quelland, Rep. Reagan, Rep. Schapira, Rep. Seel, Rep. Sinema, Rep. Stevens, Rep. Tobin, Rep. Tovar, Rep. Waters, Rep. Williams, Rep. Yarbrough, Rep. Young Wright, Sen. Leff
2/23
from House rules okay.
H2673: HUMAN TRAFFICKING; DEFINITION The definition of “to traffic” in statutes pertaining to sex trafficking and human smuggling is rewritten. First sponsor: Rep. Sinema
Others: Rep. Ableser, Rep. Antenori, Rep. Ash, Rep. Biggs, Rep. Cajero Bedford, Rep. Chad Campbell, Rep. Cloves Campbell, Rep. Driggs, Rep. Lujan, Rep. Patterson, Rep. Schapira, Rep. Williams
4/8 See S1059
H2699: CHILD PROSTITUTION; CLASSIFICATION Sentencing for engaging in prostitution with a minor is separated from sentences related to arranging for, permitting or deriving a benefit from a minor being a prostitute. The classification for the crime of engaging in prostitution with a minor who is 15, 16 or 17 is lessened to a class 6 (lowest) felony if the person did not know the other was a minor. The minimum term of incarceration for the class 6 crime is 180 days with a maximum of 90 days suspended for a first offense and if the person completes a court-ordered education or treatment program. [Note: knowledge that the other person was a minor makes the crime a class 2 felony, the same as for causing, permitting or benefitting from a minor to engage in child prostitution.] The statute permitting a defense based on a claim that the person could not reasonably have known the age of the prostitute is repealed. Language is added disallowing a defense claim that the other person was a peace officer posing as a child prostitute or a person assisting a peace officer by posing as a child prostitute. AS PASSED HOUSE. First sponsor: Rep. Driggs
Others: Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Goodale, Rep. Konopnicki, Rep. Mason, Rep. Montenegro, Rep. Yarbrough, Sen. L. Gray, Sen. Harper, Sen. Huppenthal, Sen. Nelson, Sen. Paton, Sen. Pearce
4/5 Passed Senate 28-0; ready for House action on Senate amendments.
H2707: TOWING FIRM AGREEMENTS; OWNERSHIP DISCLOSURE A towing company applying to a governmental entity to be awarded a contract for towing services must disclose in writing the owners of the company and whether those owners also own other towing companies that are applying for the contract, and if so, the names of the other companies. First sponsor: Rep. Pancrazi
Others: Rep. Chad Campbell, Rep. Cloves Campbell, Rep. Heinz, Rep. Quelland, Rep. Tovar
4/28
signed by governor. Chap. no. awaited.
H2718: TRANSPORTATION CONTRACTS; INDEMNITY AGREEMENT; VOID With stated exceptions, a provision of a transportation contract or agreement that purports to indemnify the shipper against liability for loss or damage resulting from the negligence of the shipper or shipper’s agents is void and unenforceable. First sponsor: Rep. McLain 2/17
from House com do pass.
H2748: APPROP; INCREASED SECURITY; BORDER INSPECTION Appropriates $819,000 in FY2010-2011 to the Department of Transportation for increased security and border inspection at ports of entry along the border of the U.S. And Mexico. $409,500 is transferred from the FY2009-2010 appropriation to the county attorney immigration enforcement special line item, and $409,500 is transferred from the FY2009-2010 appropriation to the GIITEM special line item. First sponsor: Rep. Fleming
Others: Rep. Farley
2/10
referred to House appro.
HCR2022: PHOTO RADAR; PROHIBITION ON HIGHWAYS The 2010 general election ballot is to carry the question of whether to amend Title 28 (transportation) of Arizona Revised Statutes to repeal the statute that authorizes the state to install photo radar and to forbid the state and local jurisdictions from using photo enforcement to enforce any provision of the transportation code. First sponsor: Rep. Crump
Others: Rep. Antenori, Rep. Boone, Rep. Burges, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Montenegro, Rep. Seel, Rep. Stevens
HCR2054: BALANCED BUDGET The 2010 general election ballot is to carry the question of whether to amend Article IX, Section 3, of the state Constitution to require the Legislature to enact a balanced budget by June 30 each year and that obligations for state operations do not exceed ongoing or permanent state revenues for that fiscal year. First sponsor: Rep. Court
Others: Rep. Williams
2/15
referred to House appro.
S1004: RETIREMENT SYSTEMS & PLANS; AMENDMENTS Several changes to statutes governing the retirement plans for elected officials (EORP), public safety personnel (PSPRS) and corrections officers (CORP). Clarifies that each incorporated city or town must submit an annual audit report of that entity’s fire fighters’ relief and pension fund by Jan 31 or be ineligible to receive its share of fire insurance premium tax monies. Other changes seem mostly technical in nature, relocating language pertaining to a person other than the member who is qualified to receive the member’s pension benefits (known as an “alternate payee” and defined elsewhere as a spouse or a former spouse who has been designated in a domestic relations order. First sponsor: Sen. Tibshraeny 4/26
passed House 57-0; ready for governor.
S1005: RETIREMENT; PSPRS; ORDINARY DISABILITY; OFFSET Members of the Public Safety Personnel Retirement System who are on “ordinary disability” (defined elsewhere in statute) and who work (for a non-PSPRS member entity) no longer will have their disability pension benefits reduced by an amount based on their wages. Currently, the amount of the reduction is equal to the difference between the member’s income from employment and the member’s unreduced pension. First sponsor: Sen. Tibshraeny 4/26
signed by governor. Chap. 158, Laws 2010.
S1006: PSPRS; FUND MANAGER; NAME CHANGE The title of “fund manager” for the Public Safety Personnel Retirement System is changed to “administrator.” Various references to “fund manager” are changed to “board of trustees.” [Capitol Reports note: the PSPRS fund manager currently also administers the Elected Officials Retirement Plan (EORP) and the Corrections Officers Retirement Plan (CORP)]. The change for the Corrections Officers Retirement Plan is conditionally effective on July 1 of the year that follows the June 30 actuarial valuation of CORP that determines the plan is 100% funded. First sponsor: Sen. Tibshraeny 4/28
signed by governor. Chap. no. awaited.
S1008: SPECIAL LICENSE PLATES Special license plates are authorized for four new purposes: multiple sclerosis awareness, hunger relief, childhood cancer research and the Masons. For each, $8 of the annual cost of the plate is an administrative fee deposited in the state highway fund. The remaining $17 is a donation: for the multiple sclerosis plates, the proceeds are used by the director of the Dept of Health Services for MS awareness and outreach services; for the hunger awareness plates, proceeds are donated to a statewide entity that coordinates food bank services; for the childhood cancer research plates, proceeds are deposited in the Childhood Cancer and Rare Childhood Disease Research Fund established by this act; for the Masonic plates, the proceeds are donated to the entity that pays the $32,000 start-up fee for redistribution to statewide charities supported by the Masons. Additionally, as session law (not affecting statutes), a non-license, statehood centennial commemorative plate for display on the front of vehicles is available until Dec. 31, 2012, at a fee set by the Office of Tourism. The requirement that vehicle owners must be sure that the Arizona state name is visible at the top of the rear license plate is changed to stipulate that the name of the state that issued the plate must be visible. AS PASSED SENATE. First sponsor: Sen. L. Gray
Others: Rep. Burges, Rep. Jerry Weiers, Rep. Young Wright, Sen. Aboud
4/21
House sat as in COW to further amend the bill technically.
S1010: CHILD RESTRAINT SYSTEMS When riding in a vehicle manufactured for the 1972 model year and thereafter and that is designed to carry up to 10 passengers, children aged 5 through 8 and who are shorter than 4’9″ must use a child restraint system. Law enforcement must consider this a secondary offense and may not issue a citation unless the officer has reasonable cause to believe there is another alleged violation of the law. AS PASSED SENATE. First sponsor: Sen. L. Gray
Others: Rep. Farley, Rep. Young Wright, Sen. Aboud
4/5
House ways-means no action.
S1021: FIREARMS; USE OF DEADLY FORCE; JUSTIFICATION The definition of when a person is justified in threatening or using deadly physical force against another person is expanded to include a situation in which the person would be justified in a defensive display of a firearm (defined elsewhere in statute). First sponsor: Sen. Pearce
Others: Rep. Burges, Rep. Crump, Rep. Gowan, Sen. S. Allen, Sen. Harper
3/2
referred to House jud.
S1023: MOTOR VEHICLES ACCIDENTS; DEATH; INJURY Traffic violations relating to lane use, right-of-way at intersections and highway intersection entrances are added to the list of violations used to define the crimes of “causing serious physical injury or death by a moving violation,” “causing death by use of a vehicle,” and “causing serious physical injury by use of a vehicle.” Driver license suspension is required, instead of allowed, on a second or subsequent violation of causing serious physical injury or death by a moving violation. First sponsor: Sen. L. Gray
Others: Rep. Jerry Weiers, Rep. Young Wright, Sen. Aboud
4/26
signed by governor. Chap. 159, Laws 2010.
S1025: CRIMINAL JUSTICE COMMISSION; RULES The list of funds for which the Arizona Criminal Justice Commission is required to adopt rules governing effective and efficient use of monies is expanded to include the Criminal Justice Enhancement Fund. First sponsor: Sen. Pearce 4/27
signed by governor. Chap. 184, Laws 2010.
S1027: IMMIGRATION; SEISMIC SENSORS; PILOT PROGRAM The Dept of Public Safety must seek grants to implement a one-year pilot program to use seismic sensors to monitor rural airport runways and other rural areas where illegal drug activity, illegal alien traffic and/or human smuggling are likely to occur. The DPS must report to the Legislature by July 1, 2012, on the effectiveness of the pilot program. AS PASSED SENATE. First sponsor: Sen. Pearce 4/16
signed by governor. Chap. 74, Laws 2010.
S1029: LAW ENFORCEMENT OFFICERS; DISCIPLINARY ACTIONS A law enforcement officer shall not be subject to disciplinary action without just cause (defined). AS PASSED SENATE. First sponsor: Sen. Pearce
Others: Rep. Crump, Rep. Gowan, Rep. Hendrix, Rep. Kavanagh, Rep. Montenegro, Rep. Nichols, Rep. Reagan, Rep. Jerry Weiers, Sen. C. Gray
4/16
signed by governor. Chap. 75, Laws 2010.
S1030: DRIVER LICENSE VIOLATIONS; SUSPENSIONS The list of actions that may be taken by the Dept of Transportation against a person convicted of driving on a suspended license is expanded to include a driving restriction such that the person may drive only between the person’s home, school and place of employment during specified times. First sponsor: Sen. Pearce
Others: Rep. Crump, Rep. Gowan, Rep. Hendrix, Rep. Montenegro, Rep. Reagan, Sen. L. Gray, Sen. Huppenthal
4/27
signed by governor. Chap. 185, Laws 2010.
S1059: HUMAN TRAFFICKING; DEFINITION The definition of “to traffic” in statutes pertaining to sex trafficking and human smuggling are rewritten. First sponsor: Sen. Paton 4/16
signed by governor. Chap. 76, Laws 2010.
S1062: NONPROFIT RAFFLES The list of prior convictions which require sentencing enhancements for a person convicted of certain crimes involving dangerous drugs is expanded to include crimes committed in another jurisdiction that would, if committed in this state, require enhanced sentencing. First sponsor: Sen. Paton 4/28
Senate concurred in House amendments and passed on final reading 20-9; ready for governor.
S1065: MOTOR VEHICLE ACCIDENT REPORTS The list of entities entitled to a copy of an unredacted accident report filed by law enforcement is expanded to include an insurance support organization (defined elsewhere n statute) that provides services in connection with claims investigation activities, antifraud activities, rating or underwriting. First sponsor: Sen. Nelson Hearing:
House Transportation & Infrastructure (Thursday 03/25/10 at 9:00 AM, House Rm. 3)
4/28
passed House 58-0; ready for governor.
S1067: MOTOR VEHICLES; IMAGE DISPLAY DEVICES Statute prohibiting a driver of a motor vehicle from watching TV is repealed and rewritten to include other image display devices (defined). Certain stated exemptions are noted. AS PASSED SENATE. First sponsor: Sen. Nelson 4/23
signed by governor. Chap. 141, Laws 2010.
S1069: AGGRAVATED DUI; SENTENCING Increases the criminal classification for refusing to submit to a blood alcohol test if the person is already required to drive a vehicle with an ignition interlock device from a class 6 (lowest) felony to a class 4 felony. That crime also now carries a mandatory incarceraton period of 4 months. AS PASSED SENATE. First sponsor: Sen. L. Gray 4/15
from House rules okay.
S1070: IMMIGRATION; LAW ENFORCEMENT; SAFE NEIGHBORHOODS Various measures related to enforcement of immigration laws. No governmental entity in the state may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted. A person may bring an action in superior court to challenge any jurisdiction that adopts a policy that restricts the enforcement of immigration laws. In all contact by government employees with a person where “reasonable suspicion” exists that the person is an illegal alien, a reasonable attempt must be made to determine the person’s immigration status whenever practicable. A person commits the crime (minimum class 1 misdemeanor) of trespassing by being in the U.S. illegally. The criminal classification increases to felony status if the person is connected with drug trafficking, is in possessin of a deadly weapon or had been previously deported. It is a class one (highest)misdemeanor to stop on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic. It is a class one misdemeanor to transport or conceal an illegal alien. It is also illegal to induce an illegal to reside in this state. The state’s employer sanctions law is modified to, among other things, provide for an affirmative defense based on entrappment. More. AS PASSED SENATE. First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Barnes, Rep. Biggs, Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Hendrix, Rep. Kavanagh, Rep. Lesko, Rep. Mason, Rep. McLain, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Jim Weiers, Rep. Jerry Weiers, Rep. Yarbrough, Sen. S. Allen, Sen. Burns, Sen. Gorman, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Huppenthal, Sen. Leff, Sen. Melvin, Sen. Nelson, Sen. Pierce, Sen. Tibshraeny, Sen. Verschoor, Sen. Waring
4/23
signed by governor. Chap. 113, Laws 2010.
S1083: RETIREMENT; ASRS; AMENDMENTS Various changes are implemented for personnel who join the Arizona State retirement System after June 30, 2011, including calculating the person’s average monthly compensation (on which the person’s benefits are calculated) as the average of the 60 highest earnings months over the preceding 120 months. Normal retirement begins on the date the member’s age plus years of credited service equals 85. Members with a minimum of five years of credited service who terminate employment before retirement are entitled only to the amount of their own contributions plus 25% of their employer’s contributions. More. AS PASSED HOUSE. First sponsor: Sen. Tibshraeny
Others: Rep. Burges, Sen. Huppenthal, Sen. Verschoor
4/29
Senate concurred in House amendments and passed on final reading 19-9; ready for governor.
S1101: FIREARMS; DETENTION OFFICERS Statute permitting certain current and retired law enforcement officers to carry a concealed weapon without a permit are rewritten to include current detention officers and any retired federal law enforcement officer, peace officer, corrections or detention officer who was weapons qualified at any time by the person’s employing agency. The person’s employing agency must, on request, furnish a letter or other means of positive identification. AS PASSED SENATE First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Burges, Rep. Kavanagh, Rep. Montenegro, Rep. Seel, Rep. Stevens, Sen. Gorman, Sen. Harper
4/6
from House rules okay. Retained on House COW calendar.
S1102: CONCEALED WEAPONS; PERMIT; JUSTIFICATION Various changes to statutes related to firearms and concealed weapons, including removing a prohibition against a loaded weapon being carried concealed in a locked vehicle on school grounds; weapons confiscated by law enforcement must be sold to a federal firearms licensee for sale rather than sold directly to the public; the requirement that a concealed weapons applicant must have completed a firearms safety training course is deleted as is the requirement that a permitee must carry the permit whenever the person is carrying a weapon. More. First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Barnes, Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Kavanagh, Rep. Lesko, Rep. Montenegro, Rep. Murphy, Rep. Seel, Rep. Stevens, Sen. S. Allen, Sen. Gorman, Sen. C. Gray, Sen. Harper, Sen. Verschoor
2/18
Senate COW approved with floor amend #4282 (a substitute to amend 4069) and #4281; the rules tech amendment was withdrawn.
S1106: VEHICLE TOWING; NOTIFICATION When a police officer has an unattended or inoperative vehicle towed from a public highway, the officer must notify both the towing company and the officer’s law enforecment agency with specified information. Previously, the officer was required to notify either the towing company or the officer’s agency. AS PASSED SENATE. First sponsor: Sen. Pearce 4/29
Senate concurred in House amendments and passed on final reading 28-0; ready for governor.
S1110: RESTRICTED DRIVER LICENSE; DUI A person convicted of a second violations of DUI statutes within 84 months and whose driver license has been revoked is eligible for a restricted license and installation of an ignition interlock device after serving 45 days under revocation. First sponsor: Sen. L. Gray 4/28
retained on House COW calendar.
S1124: RETIREMENT; CORP; REVERSE DROP; EXTENSION The reverse deferred retirement option plan available to members of the Correctional Officers Retirement Plan due to expire on July 1, 2011, is extended five years to July 1, 2016. First sponsor: Sen. Melvin 4/26
signed by governor. Chap. 163, Laws 2010.
S1137: DEPT OF TRANS; VEHICLE RIGHT-OF-WAY Various changes, many seem technical, in statutes related to the Department of Transportation, including permitting the director to reorganize the operating divisions of the department; rewriting language related to the right-of-way of vehicles entering a through highway; and in order to assist the Department of Transportation in administering the surcharge on rented vehicle, requiring the Department of Revenue to provide annually a list of businesses that rent vehicles. The department is authrized to use up to $10 million each year to apply for federal transportation monies for statewide projects. The $10 million derives from a monthly deduction of $833,333 of highway user revenues from the amount otherwise deposited in the State Highway Fund. A $25 assessment is charged to persons required to have an ignition interlock device installed; proceeds are deposited in the DUI Abatement Fund. AS PASSED SENATE. First sponsor: Sen. Nelson 4/28
signed by governor. Chap. no. awaited.
S1138: APPROACHING STATIONARY VEHICLES; YIELD Requirement that drivers use due caution when approaching stopped emergency vehicles when their emergency lights are flashing is extended to any stationary vehicle whose emergency lights are flashing. AS PASSED SENATE. First sponsor: Sen. Nelson 3/8
referred to House trans-inf.
S1169: LAW ENFORCEMENT OFFICER; SPOUSE; INSURANCE Conditions are established whereby the surviving spouse of a law enforcement officer (including probation or surveillance officer) killed in the line of duty is entitled to receive payments for health insurance premiums from the officer’s former employer for one year after the officer’s death. Payments for the officer’s dependents are included if the dependents were covered at the time of the officer’s death. Retroactive to Jan 1, 2010. Emergency clause. AS PASSED SENATE. First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Crump, Rep. Gowan, Rep. Jerry Weiers, Sen. Aguirre, Sen. S. Allen, Sen. Alvarez, Sen. Burns, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Huppenthal, Sen. Melvin, Sen. Miranda, Sen. Paton, Sen. Pierce, Sen. Verschoor
4/21
passed House 60-0; ready for Senate action on House amendments.
S1170: CAPITOL POLICE; TRANSFER Control of the Capitol Police is transferred from the Dept of Administration to the Dept of Public Safety. First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Burges, Rep. Gowan, Rep. Seel, Rep. Jerry Weiers, Sen. C. Allen, Sen. Alvarez, Sen. Burns, Sen. C. Gray, Sen. Harper, Sen. Melvin, Sen. Verschoor
Hearing:
House Military Affairs & Public Safety (Wednesday 04/07/10 at 9:00 AM, House Rm. 3)
2/15
from Senate gov inst do pass.
S1205: SENTENCING; DANGEROUS DRUGS; METH For a person convicted of violating statutes regarding methamphetamine, language listing specific prior felonies also involving methamphetamine that triggered enhanced sentencing provisions is changed to require enhanced sentencing if the person has any prior felony offense. First sponsor: Sen. Paton 3/25
passed Senate 28-0; ready for House.
S1242: EMPLOYER PROTECTIONS; LABOR RELATIONS Adds unlawful picketing, unlawful mass assembly, concerted interference with lawful exercise of business (defined), engaging in a secondary boycott, and defamation to the definition of harassment for the purpose of allowing a person or entity to file an injunction against harassment. The court may award a person injured by these activities prejudgment interest, litigation costs and reasonable attorney fees (in addition to the damages the court was previously authorized to award). First sponsor: Sen. Pearce
Others: Rep. Crandall, Rep. Gowan, Rep. Kavanagh, Rep. McComish, Rep. Montenegro, Rep. Reagan, Rep. Tobin, Sen. S. Allen, Sen. Gould, Sen. Harper, Sen. Huppenthal, Sen. Leff, Sen. Melvin
4/15
from House rules with a technical amendment.
S1261: FAMILIES OF FALLEN OFFICERS FUND The permitted uses of monies in the fund into which the contribution portion of special license plates for families of fallen officers is deposited is expanded to include training to law enforcement agencies on survivor victimization issues and educating the public about the need to support law enforcement in general and the families of fallen police officers. Control of the fund is transferred to the Dept of Public Safety from the Dept of Transportation. First sponsor: Sen. Nelson
Others: Sen. Garcia, Sen. L. Gray, Sen. Huppenthal, Sen. Rios, Sen. Verschoor
Calendar:
4/19 Senate Final Reading
S1324: INSURANCE COVERAGE; LEGAL; IDENTITY THEFT The state shall issue an RFP so that identity theft protection or prevention coverage is available for all full-time officers and employees of the state. Public monies are not to be spent paying any part of the premiums for those who sign up for the service. AS PASSED SENATE. First sponsor: Sen. Leff 4/7
House hel-hu ser held.
S1325: POLYGRAPH EXAMS; INTERVIEWS; LAW ENFORCEMENT Various changes relating to investigations of law enforcement officers and probation officers, including changing the definition of “disciplinary action” to include suspension for more than 16 hours (previously suspension had to be for more than 24 hours). All data and reports from a polygraph examination of a law enforcement or probation officer are confidential and may only be used for employment, certification, or administrative matters. Expands the reasons law enforcement officers and probation officers may request representation at an employer interview to include when the officer requests an investigation because the officer believes the investigation could result in a dismissal, demotion, or suspension. AS PASSED SENATE. First sponsor: Sen. L. Gray 4/22
Senate concurred in House amendments and passed on final reading 26-0; ready for governor.
S1334: CELL PHONE USE; TEXTING; DRIVING Effective January 1, 2011, it is a nonmoving civil traffic violation to use a handheld cellular telephone or handheld personal digital assistant to write, send, or read a written message while operating a motor vehicle. Violations are subject to a civil penalty of $50, or $200 if the person is involved in a motor vehicle accident. Establishes a warning period from January 1, 2011, to January 31, 2011. First sponsor: Sen. Melvin
Others: Rep. Farley, Rep. Heinz, Sen. Aguirre, Sen. C. Allen, Sen. Pierce
3/23
referred to House trans-inf.
S1391: CRIMINAL CLEARANCE CARDS; AUTHORIZED COMPANY Effective January 1, 2012, the Dept of Administration may authorize criminal background investigation companies to conduct criminal history records checks for criminal clearance cards (formerly called fingerprint clearance cards with background checks done by the Dept of Public Safety). Establishes requirements for companies to be designated as authorized companies. Directs legislative council to prepare conforming legislation. First sponsor: Sen. Pearce 2/23
Senate appro FAILED 4-5.
S1394: UNLAWFUL REENTRY; OFFENSE; BAIL A person commits the crime of unlawful reentry if the person is in the United State unlawfully and has previously been deported or has agreed to voluntarily deport, if the person has previously been convicted of a petty offense, misdemeanor, or felony. Unlawful reentry is a class 4 felony, punishable by a sentence of 10 to 15 years. A person who has previously been deported is not eligible for bail. First sponsor: Sen. Pearce
Others: Sen. C. Gray, Sen. Huppenthal, Sen. Paton
3/31
referred to House jud.
S1443: PHOTO ENFORCEMENT PROCEDURES Various changes related to photo enforcement. Photo enforcement systems cannot be placed within 600 feet of a posted speed limit change, except around a school crossing. A speed limit sign must be placed between the two photo enforcement notification signs. Photo enforcement citations cannot be issued using the state photo enforcement system unless the vehicle is traveling at least 11 miles per hour over the posted speed limit, except in school zones and highway work zones. Local authorities must spend at least 35% of revenue from photo enforcement citations, after paying expenses, for law enforcement purposes. The civil penalty for a violation detected by photo enforcement is $165 and is not subject to surcharges, except the clean elections surcharge. Terminates session law excluding photo enforcement citations from judicial productivity credit calculations. In FY 2010-2011, $7 million of monies remaining in the photo enforcement fun after paying expenses is deposited in the public safety equipment fund. First sponsor: Sen. L. Gray
Others: Rep. Antenori, Rep. Barto, Rep. Farley, Rep. Reagan, Rep. Stevens, Sen. Rios
4/28
retained on House COW calendar.
SCR1059: PROCEDURES; PHOTO ENFORCEMENT The 2010 general election ballot is to carry the question of whether to amend Title 28 (transportation) of Arizona Revised Statutes to stipulate that a vehicle may not be cited for speeding by a photo enforcement device if the vehicle was traveling at a speed less than 11 mph over the posted limit. A case must be filed within 120 of the alleged violation. If a person cited responds to the citation within 30 days of issuance, ADOT may not use the violation in a determination of whether to suspend or revoke the person’s driver license. An annual report on the program is required to be submitted to the governor and Legislature by Aug. 1 First sponsor: Sen. L. Gray 3/25
FAILED to pass Senate 14-15. Senate voted to reconsider failure to pass bill. Date of second vote will be set by president.

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