arizona capitol times · 1/1/2014  · january 24, 2014 arizona capitol times •...

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January 24, 2014 ARIZONA CAPITOL TIMES AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session H 2001 INSURANCE; CONTINUING EDUCATION; DEFINITION For the purpose of insurance licensee continuing edu- cation requirements, “continuously licensed” includes an expired license if the late fee is paid and the license is either renewed or placed on inactive status. First Sponsor: Rep. Livingston ARS Titles Affected: 20 H 2002 CORRECTIONAL OFFICERS; ARREST; UNLAWFUL IMPRISONMENT A correctional officer acting in his/her official capacity at a jail facility and pursuant to a warrant is authorized to arrest a person who is already incarcer- ated in that jail facility or who surrenders himself to that jail facility. It is a defense against prosecution for unlawful imprisonment that the restraint was accom- plished by a correctional officer acting in good faith in the lawful performance of his duty. First Sponsor: Rep. Borrelli Other Sponsors: Rep. Goodale, ARS Titles Affected: 13 H 2003 WATERCRAFT; CIVIL AND CRIMINAL PENALTIES Establishes civil penalties for a person who operated a motorized watercraft and refuses to submit to a test for alcohol concentration or drug content, to be deposited in the Prison Construction and Operations Fun and the Law Enforcement and Boating Safety Fund. Monies from civil and criminal penalties for operating a motorized watercraft while under the influence are deposited in the Law Enforcement and Boating Safety Fund instead of the Public Safety Equipment Fund. First Sponsor: Rep. Borrelli Other Sponsors: Rep. Goodale, ARS Titles Affected: 5 41 H 2004 FIRST INFORMER BROADCASTERS The Department of Emergency and Military Affairs is authorized to coordinate with a broadcasting associa- tion and/or a cable television telecommunication asso- ciation in Arizona to develop plans for preparing for and responding to an emergency or disaster. A statewide organization that represents radio or televi- sion providers is required to train and certify broad- cast engineers and technical personnel that are critical to station operations as first informer broadcasters, and requirements for the training are specified. To the extent practicable, state and local government agen- cies are required to allow a first informer broadcaster access to an area affected by an emergency for speci- fied purposes. First Sponsor: Rep. Borrelli Other Sponsors: Rep. Goodale, ARS Titles Affected: 26 H 2005 COMMUNITY COLLEGES; NONRESIDENTS; REIMBURSEMENT The information that must be included in each com- munity college districts annual report to the Governor and the Legislature is expanded to include the number of nonresident students by county of residence for those residing in Arizona and the number of nonresi- dent students by state of residence for those residing in another state. County school superintendents are no longer required to certify to community college dis- trict boards that students in that county are county res- idents. Makes clarifying changes to the formula deter- mining the amount of reimbursement to community college districts from each county that is not part of an organized community college district. First Sponsor: Rep. Gowan Other Sponsors: Rep. Stevens, Sen. Begay, ARS Titles Affected: 15 H 2006 TECH CORRECTION; CHILD WELFARE AGENCY Minor change in Title 8 (Children) related to child welfare agency licenses. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2007 TECH CORRECTION; DES Minor change in Title 8 (Children) related to child welfare. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2008 TECH CORRECTION; ADOPTION Minor change in Title 8 (Children) related to nonre- curring adoption expenses. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2009 TECH CORRECTION; CHILDREN; GUARDIANSHIP Minor change in Title 8 (Children) related to hearings for dependent children. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2010 TECH CORRECTION; CHLDREN Minor change in Title 8 (Children) related to termina- tion of the parent child relationship. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2011 TECH CORRECTION; MISSING CHILDREN Minor change in Title 8 (Children) related to missing children. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2012 TECH CORRECTION; INFANTS & TODDLERS Minor change in Title 8 (Children) related to infants and toddlers with developmental delays. Apparent striker bus. First Sponsor: Rep. Brophy McGee ARS Titles Affected: 8 H 2013 COUNTIES; FLOOD CONTROL DISTRICTS; RULES County boards of supervisors and county flood control district boards are required to adopt procedures for the adoption, amendment, repeal and enforcement of rules that contain at least specified provisions, including public notice at various stages and a public meeting at which the public is able to provide comments on the proposed rule. Some exceptions. Except for rules approved before the effective date of this legislation, a county or district rule cannot be enforced without sub- stantial compliance with this legislation. Effective January 1, 2015 for counties with a population of 375,000 or more, and January 1, 2016 for counties with a population of less than 375,000. First Sponsor: Rep. Ugenti ARS Titles Affected: 11 48 H 2014 BALLOT MEASURES; PROP 105 DISCLOSURE For ballot propositions that make statutory changes, a statement that the measure can never be changed except by a 3/4 vote of the Legislature or by referring the change to the ballot must be printed on the official ballot, included in the publicity pamphlet printed by the Secretary of State, and included on any advertise- ment or literature to support or oppose the measure. Severability clause. First Sponsor: Rep. Ugenti ARS Titles Affected: 16 19 H 2015 ARCHAEOLOGY ADVISORY COMMISSION; CONTINUATION The statutory life of the Archaeology Advisory Commission is extended three years to July 1, 2017. Retroactive to July 1, 2014. First Sponsor: Rep. Ugenti ARS Titles Affected: 41 H 2016 AZ HISTORICAL SOCIETY; CONTINUATION The statutory life of the Arizona Historical Society is extended 10 years to July 1, 2024. Retroactive to July 1, 2014. First Sponsor: Rep. Ugenti ARS Titles Affected: 41 H 2017 ASRS; DEFINED CONTRIBUTION PLAN If a retired member of a statewide retirement system or plan who meets the other eligibility requirements is enrolled in the ASRS defined contribution plan at the employer’s option, the option is irrevocable for the remainder of the employee’s employment and an agreement must be executed within 30 days of either the start of employment or the effective date of this legislation, whichever is later. Agreements between an employee and employer that require participation in an alternative retirement plan must be executed within 30 days of either the start of employment or the effec- tive date of this legislation, whichever is later, instead of within two years of initial eligibility. First Sponsor: Rep. Lovas ARS Titles Affected: 38 H 2018 ASRS; IN-SERVICE DISTRIBUTIONS A member of ASRS whose retirement date is on or after January 1, 2015 and who is at least 62 years of age is permitted to retire without terminating employ- ment. If any other retired member returns to direct employment with an ASRS employer within 30 days after the member’s retirement date, ASRS is required to suspend the member’s retirement benefits. Effective January 1, 2015. First Sponsor: Rep. Lovas ARS Titles Affected: 38 H 2019 CONTINUATION; FUNERAL BOARD The statutory life of the State Board of Funeral Directors and Embalmers is extended 8 years to July 1, 2022. Retroactive to July 1, 2014. First Sponsor: Rep. Kavanagh ARS Titles Affected: 41 H 2020 LIVE ANIMAL PRIZES PROHIBITED It is a class 3 misdemeanor to give away live animals as a prize for or as an inducement to enter any game or other competition, as an inducement to enter a place of amusement or as an incentive to enter into a business agreement. First Sponsor: Rep. Kavanagh ARS Titles Affected: 13 H 2021 VEXATIOUS LITIGANTS; DESIGNATION The court is authorized to designate a person a vexa- tious litigant in specified conditions, including that in the preceding seven-year period the person has com- menced or prosecuted at least five litigations other than in small claims court that have been determined adversely to the person or unjustifiably permitted to remain pending at least two years, or that the person repeatedly files unmeritorious motions or engages in other tactics solely intended to case unnecessary delay. In any pending litigation, a defendant is per- mitted to move the court for an order designating a person a vexatious litigant. An order designating a person a vexatious litigant must be narrowly tailored. A person who is designated a vexatious litigant is pro- hibited from filing a lawsuit, motion or request relief without prior leave of the court’s presiding judge or the judge’s designee. First Sponsor: Rep. Kavanagh ARS Titles Affected: 12 H 2022 ANIMAL ABUSE; PROHIBITED ANIMAL OWNERSHIP A person who is convicted of certain animal cruelty related crimes is prohibited from adopting, owning or otherwise having care or custody of any animal in the person’s household. Violations are a class 1 misde- meanor. Within 90 days after conviction of specified animal cruelty related crimes, the person must transfer all animals to another person who is not in the same household. After two years, the person may apply to the sentencing court to have their right to possess an animal restored, unless the person was convicted of a subsequent violation. First Sponsor: Rep. Kavanagh ARS Titles Affected: 13 H 2023 FINGERPRINT CLEARANCE CARDS; MANDATORY UPDATES The Department of Public Safety Fingerprinting Division is required, instead of allowed, to conduct periodic state criminal history records checks to update clearance status of current fingerprint clear- ance card holders. First Sponsor: Rep. Kavanagh ARS Titles Affected: 41 H 2024 AGGRESSIVE SOLICITATION; OFFENSE A person is prohibited from soliciting money or the sale of goods or services within 15 feet of a bank entrance or ATM, in any public transportation vehicle or within 10 feet of a bus stop, or in various situations involving making physical contact with or obstructing the passage of the person being solicited, or in a manner that is likely to cause a reasonable person to fear imminent bodily harm. A first violation is a petty offense, and subse- quent violations are a class 3 misdemeanor. It is no longer considered “loitering” (a class 3 misdemeanor) to be present in a public place to beg. First Sponsor: Rep. Kavanagh ARS Titles Affected: 13 H 2025 UNATTENDED CHILD IN MOTOR VEHICLE It is unlawful for a person responsible for a child under 10 years of age to leave the child in a motor vehicle without supervision by another person who is at least 14 years of age if the conditions present a risk to the child’s health or safety, the motor vehicle engine is running or the key to the vehicle is located in the passenger compartment. A first violation is a class 3 misdemeanor and subsequent violations are a class 2 misdemeanor. First Sponsor: Rep. Kavanagh ARS Titles Affected: 13 H 2026 MUNICIPAL COURTS; HOURS; LEGAL HOLIDAYS Municipal governing bodies are required to set the hours of operation and legal holidays for the munic- ipal court maintained by that municipality. First Sponsor: Rep. Coleman ARS Titles Affected: 22 H 2027 GOLF CARTS; NEVS; PASSING; DRIVING In an age restricted community located in an unincor- porated area of a county with a population of more than 3 million (Maricopa County), a person is per- mitted to drive a golf cart or a neighborhood electric vehicle (NEV) on a paved shoulder adjacent to a roadway or as close as practicable to the right-hand curb if there is no paved shoulder. Drivers may over- take and pass a golf cart or NEV even if the driver’s vehicle shares a lane with the golf cart or NEV when the overtaking and passing occur. A person driving a golf cart or NEV must yield the right-of-way to a vehicle travelling in the same direction that is intending to turn to the right. First Sponsor: Rep. Lesko Other Sponsors: Sen. Burges, Rep. Fann, Rep. Gray, Rep. Livingston, Rep. Lovas, ARS Titles Affected: 28 H 2028 TELECOMMUNICATIONS; BROADBAND INFRASTRUCTURE; ACCELERATED DEPRECIATION Establishes an accelerated depreciation schedule for property tax purposes for “qualifying broadband infra- structure” (defined) for the first five tax years of assessment. Retroactive to January 1, 2014. First Sponsor: Rep. Lesko ARS Titles Affected: 42 H 2029 LAETRILE; PROHIBITION The nutritional supplement amygdalin or laetrile is no longer exempt from the prohibition on manufacturing, selling or giving away any new drug unless it fully complies with federal laws and regulations. Statutes regulating the distribution and sale of amygdalin or laetrile are repealed. First Sponsor: Rep. Kavanagh ARS Titles Affected: 32 36 H 2030 UNEMPLOYMENT BENEFITS; DRUG TEST The Department of Economic Security is required to adopt a drug screening and testing program for indi- viduals who file claims for unemployment benefits and for whom suitable work is available only in an occupation that regularly conducts drug testing as des- ignated by U.S. Department of Labor regulations. A person filing a claim for benefits is required to com- plete a written questionnaire. If the questionnaire shows a “reasonable likelihood” of drug use, the person must pay for and pass a drug test. A person who fails a drug test is not eligible to receive unem- ployment benefits until the person has passed a subse- quent drug test no earlier than four weeks after the failed drug test. Some exceptions. Applies to unem- ployment benefit claims made beginning January 1, 2015. First Sponsor: Rep. Lovas Other Sponsors: Sen. Burges, Rep. Livingston, ARS Titles Affected: 23 H 2031 TECH CORRECTION; PROCESS SERVICE Minor change in Title 11 (Counties) related to duty to show process. Apparent striker bus. First Sponsor: Rep. Kwasman ARS Titles Affected: 11 H 2032 TECH CORRECTION; INDIGENT CARE; RECORDS Minor change in Title 11 (Counties) related to records of indigent care. Apparent striker bus. First Sponsor: Rep. Kwasman ARS Titles Affected: 11 ARIZONA NEWS SERVICE continued on next page

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Page 1: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1

LEGISLATIVEBILL SUMMARIES

51st Legislature

Second Regular Session

H 2001 INSURANCE; CONTINUINGEDUCATION; DEFINITIONFor the purpose of insurance licensee continuing edu-cation requirements, “continuously licensed” includesan expired license if the late fee is paid and the licenseis either renewed or placed on inactive status. FirstSponsor: Rep. Livingston ARS Titles Affected: 20

H 2002 CORRECTIONAL OFFICERS;ARREST; UNLAWFUL IMPRISONMENTA correctional officer acting in his/her officialcapacity at a jail facility and pursuant to a warrant isauthorized to arrest a person who is already incarcer-ated in that jail facility or who surrenders himself tothat jail facility. It is a defense against prosecution forunlawful imprisonment that the restraint was accom-plished by a correctional officer acting in good faith inthe lawful performance of his duty. First Sponsor:Rep. Borrelli Other Sponsors: Rep. Goodale, ARSTitles Affected: 13

H 2003 WATERCRAFT; CIVIL AND CRIMINALPENALTIESEstablishes civil penalties for a person who operated amotorized watercraft and refuses to submit to a test foralcohol concentration or drug content, to be depositedin the Prison Construction and Operations Fun and theLaw Enforcement and Boating Safety Fund. Moniesfrom civil and criminal penalties for operating amotorized watercraft while under the influence aredeposited in the Law Enforcement and Boating SafetyFund instead of the Public Safety Equipment Fund.First Sponsor: Rep. Borrelli Other Sponsors: Rep.Goodale, ARS Titles Affected: 5 41

H 2004 FIRST INFORMER BROADCASTERSThe Department of Emergency and Military Affairs isauthorized to coordinate with a broadcasting associa-tion and/or a cable television telecommunication asso-ciation in Arizona to develop plans for preparing forand responding to an emergency or disaster. Astatewide organization that represents radio or televi-sion providers is required to train and certify broad-cast engineers and technical personnel that are criticalto station operations as first informer broadcasters,and requirements for the training are specified. To theextent practicable, state and local government agen-cies are required to allow a first informer broadcasteraccess to an area affected by an emergency for speci-fied purposes. First Sponsor: Rep. Borrelli OtherSponsors: Rep. Goodale, ARS Titles Affected: 26

H 2005 COMMUNITY COLLEGES;NONRESIDENTS; REIMBURSEMENTThe information that must be included in each com-munity college districts annual report to the Governorand the Legislature is expanded to include the numberof nonresident students by county of residence forthose residing in Arizona and the number of nonresi-dent students by state of residence for those residingin another state. County school superintendents are nolonger required to certify to community college dis-trict boards that students in that county are county res-idents. Makes clarifying changes to the formula deter-mining the amount of reimbursement to communitycollege districts from each county that is not part ofan organized community college district. FirstSponsor: Rep. Gowan Other Sponsors: Rep.Stevens, Sen. Begay, ARS Titles Affected: 15

H 2006 TECH CORRECTION; CHILDWELFARE AGENCYMinor change in Title 8 (Children) related to childwelfare agency licenses. Apparent striker bus. FirstSponsor: Rep. Brophy McGee ARS Titles Affected:8

H 2007 TECH CORRECTION; DESMinor change in Title 8 (Children) related to childwelfare. Apparent striker bus. First Sponsor: Rep.Brophy McGee ARS Titles Affected: 8

H 2008 TECH CORRECTION; ADOPTIONMinor change in Title 8 (Children) related to nonre-curring adoption expenses. Apparent striker bus. FirstSponsor: Rep. Brophy McGee ARS Titles Affected:8

H 2009 TECH CORRECTION; CHILDREN;GUARDIANSHIPMinor change in Title 8 (Children) related to hearingsfor dependent children. Apparent striker bus. FirstSponsor: Rep. Brophy McGee ARS Titles Affected:8

H 2010 TECH CORRECTION; CHLDRENMinor change in Title 8 (Children) related to termina-tion of the parent child relationship. Apparent strikerbus. First Sponsor: Rep. Brophy McGee ARS TitlesAffected: 8

H 2011 TECH CORRECTION; MISSINGCHILDRENMinor change in Title 8 (Children) related to missingchildren. Apparent striker bus. First Sponsor: Rep.Brophy McGee ARS Titles Affected: 8

H 2012 TECH CORRECTION; INFANTS &TODDLERSMinor change in Title 8 (Children) related to infantsand toddlers with developmental delays. Apparentstriker bus. First Sponsor: Rep. Brophy McGee ARSTitles Affected: 8

H 2013 COUNTIES; FLOOD CONTROLDISTRICTS; RULESCounty boards of supervisors and county flood controldistrict boards are required to adopt procedures for theadoption, amendment, repeal and enforcement of rulesthat contain at least specified provisions, includingpublic notice at various stages and a public meeting atwhich the public is able to provide comments on theproposed rule. Some exceptions. Except for rulesapproved before the effective date of this legislation, acounty or district rule cannot be enforced without sub-stantial compliance with this legislation. EffectiveJanuary 1, 2015 for counties with a population of375,000 or more, and January 1, 2016 for countieswith a population of less than 375,000. FirstSponsor: Rep. Ugenti ARS Titles Affected: 11 48

H 2014 BALLOT MEASURES; PROP 105DISCLOSUREFor ballot propositions that make statutory changes, astatement that the measure can never be changedexcept by a 3/4 vote of the Legislature or by referringthe change to the ballot must be printed on the officialballot, included in the publicity pamphlet printed bythe Secretary of State, and included on any advertise-ment or literature to support or oppose the measure.Severability clause. First Sponsor: Rep. Ugenti ARSTitles Affected: 16 19

H 2015 ARCHAEOLOGY ADVISORYCOMMISSION; CONTINUATIONThe statutory life of the Archaeology AdvisoryCommission is extended three years to July 1, 2017.Retroactive to July 1, 2014. First Sponsor: Rep.Ugenti ARS Titles Affected: 41

H 2016 AZ HISTORICAL SOCIETY;CONTINUATIONThe statutory life of the Arizona Historical Society isextended 10 years to July 1, 2024. Retroactive to July1, 2014. First Sponsor: Rep. Ugenti ARS TitlesAffected: 41

H 2017 ASRS; DEFINED CONTRIBUTIONPLANIf a retired member of a statewide retirement systemor plan who meets the other eligibility requirements isenrolled in the ASRS defined contribution plan at theemployer’s option, the option is irrevocable for theremainder of the employee’s employment and anagreement must be executed within 30 days of eitherthe start of employment or the effective date of thislegislation, whichever is later. Agreements between anemployee and employer that require participation inan alternative retirement plan must be executed within30 days of either the start of employment or the effec-tive date of this legislation, whichever is later, insteadof within two years of initial eligibility. FirstSponsor: Rep. Lovas ARS Titles Affected: 38

H 2018 ASRS; IN-SERVICE DISTRIBUTIONSA member of ASRS whose retirement date is on orafter January 1, 2015 and who is at least 62 years of

age is permitted to retire without terminating employ-ment. If any other retired member returns to directemployment with an ASRS employer within 30 daysafter the member’s retirement date, ASRS is requiredto suspend the member’s retirement benefits. EffectiveJanuary 1, 2015. First Sponsor: Rep. Lovas ARSTitles Affected: 38

H 2019 CONTINUATION; FUNERAL BOARDThe statutory life of the State Board of FuneralDirectors and Embalmers is extended 8 years to July1, 2022. Retroactive to July 1, 2014. First Sponsor:Rep. Kavanagh ARS Titles Affected: 41

H 2020 LIVE ANIMAL PRIZES PROHIBITEDIt is a class 3 misdemeanor to give away live animalsas a prize for or as an inducement to enter any gameor other competition, as an inducement to enter aplace of amusement or as an incentive to enter into abusiness agreement. First Sponsor: Rep. KavanaghARS Titles Affected: 13

H 2021 VEXATIOUS LITIGANTS;DESIGNATIONThe court is authorized to designate a person a vexa-tious litigant in specified conditions, including that inthe preceding seven-year period the person has com-menced or prosecuted at least five litigations otherthan in small claims court that have been determinedadversely to the person or unjustifiably permitted toremain pending at least two years, or that the personrepeatedly files unmeritorious motions or engages inother tactics solely intended to case unnecessarydelay. In any pending litigation, a defendant is per-mitted to move the court for an order designating aperson a vexatious litigant. An order designating aperson a vexatious litigant must be narrowly tailored.A person who is designated a vexatious litigant is pro-hibited from filing a lawsuit, motion or request reliefwithout prior leave of the court’s presiding judge orthe judge’s designee. First Sponsor: Rep. KavanaghARS Titles Affected: 12

H 2022 ANIMAL ABUSE; PROHIBITEDANIMAL OWNERSHIPA person who is convicted of certain animal crueltyrelated crimes is prohibited from adopting, owning orotherwise having care or custody of any animal in theperson’s household. Violations are a class 1 misde-meanor. Within 90 days after conviction of specifiedanimal cruelty related crimes, the person must transferall animals to another person who is not in the samehousehold. After two years, the person may apply tothe sentencing court to have their right to possess ananimal restored, unless the person was convicted of asubsequent violation. First Sponsor: Rep. KavanaghARS Titles Affected: 13

H 2023 FINGERPRINT CLEARANCE CARDS;MANDATORY UPDATESThe Department of Public Safety FingerprintingDivision is required, instead of allowed, to conductperiodic state criminal history records checks toupdate clearance status of current fingerprint clear-ance card holders. First Sponsor: Rep. KavanaghARS Titles Affected: 41

H 2024 AGGRESSIVE SOLICITATION;OFFENSEA person is prohibited from soliciting money or thesale of goods or services within 15 feet of a bankentrance or ATM, in any public transportation vehicleor within 10 feet of a bus stop, or in various situationsinvolving making physical contact with or obstructingthe passage of the person being solicited, or in amanner that is likely to cause a reasonable person tofear imminent bodilyharm. A first violation is a petty offense, and subse-quent violations are a class 3 misdemeanor. It is nolonger considered “loitering” (a class 3 misdemeanor)to be present in a public place to beg. First Sponsor:Rep. Kavanagh ARS Titles Affected: 13

H 2025 UNATTENDED CHILD IN MOTORVEHICLEIt is unlawful for a person responsible for a childunder 10 years of age to leave the child in a motorvehicle without supervision by another person who is

at least 14 years of age if the conditions present a riskto the child’s health or safety, the motor vehicle engineis running or the key to the vehicle is located in thepassenger compartment. A first violation is a class 3misdemeanor and subsequent violations are a class 2misdemeanor. First Sponsor: Rep. Kavanagh ARSTitles Affected: 13

H 2026 MUNICIPAL COURTS; HOURS;LEGAL HOLIDAYSMunicipal governing bodies are required to set thehours of operation and legal holidays for the munic-ipal court maintained by that municipality. FirstSponsor: Rep. Coleman ARS Titles Affected: 22

H 2027 GOLF CARTS; NEVS; PASSING;DRIVINGIn an age restricted community located in an unincor-porated area of a county with a population of morethan 3 million (Maricopa County), a person is per-mitted to drive a golf cart or a neighborhood electricvehicle (NEV) on a paved shoulder adjacent to aroadway or as close as practicable to the right-handcurb if there is no paved shoulder. Drivers may over-take and pass a golf cart or NEV even if the driver’svehicle shares a lane with the golf cart or NEV whenthe overtaking and passing occur. A person driving agolf cart or NEV must yield the right-of-way to avehicle travelling in the same direction that isintending to turn to the right. First Sponsor: Rep.Lesko Other Sponsors: Sen. Burges, Rep. Fann, Rep.Gray, Rep. Livingston, Rep. Lovas, ARS TitlesAffected: 28

H 2028 TELECOMMUNICATIONS;BROADBAND INFRASTRUCTURE;ACCELERATED DEPRECIATIONEstablishes an accelerated depreciation schedule forproperty tax purposes for “qualifying broadband infra-structure” (defined) for the first five tax years ofassessment. Retroactive to January 1, 2014. FirstSponsor: Rep. Lesko ARS Titles Affected: 42

H 2029 LAETRILE; PROHIBITIONThe nutritional supplement amygdalin or laetrile is nolonger exempt from the prohibition on manufacturing,selling or giving away any new drug unless it fullycomplies with federal laws and regulations. Statutesregulating the distribution and sale of amygdalin orlaetrile are repealed. First Sponsor: Rep. KavanaghARS Titles Affected: 32 36

H 2030 UNEMPLOYMENT BENEFITS; DRUGTESTThe Department of Economic Security is required toadopt a drug screening and testing program for indi-viduals who file claims for unemployment benefitsand for whom suitable work is available only in anoccupation that regularly conducts drug testing as des-ignated by U.S. Department of Labor regulations. Aperson filing a claim for benefits is required to com-plete a written questionnaire. If the questionnaireshows a “reasonable likelihood” of drug use, theperson must pay for and pass a drug test. A personwho fails a drug test is not eligible to receive unem-ployment benefits until the person has passed a subse-quent drug test no earlier than four weeks after thefailed drug test. Some exceptions. Applies to unem-ployment benefit claims made beginning January 1,2015. First Sponsor: Rep. Lovas Other Sponsors:Sen. Burges, Rep. Livingston, ARS Titles Affected:23

H 2031 TECH CORRECTION; PROCESSSERVICEMinor change in Title 11 (Counties) related to duty toshow process. Apparent striker bus. First Sponsor:Rep. Kwasman ARS Titles Affected: 11

H 2032 TECH CORRECTION; INDIGENTCARE; RECORDSMinor change in Title 11 (Counties) related to recordsof indigent care. Apparent striker bus. First Sponsor:Rep. Kwasman ARS Titles Affected: 11

ARIZONA NEWS SERVICE

continued on next page

Page 2: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

H 2033 TECH CORRECTION; COUNTIES;VEHICLE REFUELINGMinor change in Title 11 (Counties) related to countyregulations of vehicle refueling apparatus. Apparentstriker bus. First Sponsor: Rep. Kwasman ARSTitles Affected: 11

H 2034 TECH CORRECTION; COUNTYPROCEDURESMinor change in Title 11 (Counties) related to countyformation procedures. Apparent striker bus. FirstSponsor: Rep. Kwasman ARS Titles Affected: 11

H 2035 TECH CORRECTION; CORP COMM;POWERSMinor change in Title 10 (Corporations) related to thepowers of the Corporation Commission. Apparentstriker bus. First Sponsor: Rep. Kwasman ARSTitles Affected: 10

H 2036 EMPOWERMENT SCHOLARSHIPACCOUNTS; INCREASED ELIGIBILITYFor the purpose of empowerment scholarshipaccounts (ESA), the definition of “qualified student”is expanded to include the children of police officers,firefighters or other first responders employed bypublic agencies, and children who are the sibling of acurrent or previous ESA recipient. The list of qualifi-cations that ESA recipients must meet at least one ofis expanded to include that the child has not previ-ously attended a governmental primary or secondaryschool but is currently eligible to enroll in a programfor preschool children with disabilities. FirstSponsor: Rep. Livingston ARS Titles Affected: 15

H 2037 TECH CORRECTION; HEALTHSERVICES; MONITORINGMinor change in Title 36 (Public Health) related tomonitoring of alcohol and drug treatment programs.Apparent striker bus. First Sponsor: Rep. GoodaleARS Titles Affected: 36

H 2038 STATE PARKS; DISABLEDVETERANS’ PASSThe Arizona State Parks Board is authorized to issue adisabled veteran’s pass at no charge to an Arizona res-ident who submits satisfactory evidence that theperson is a veteran with a service-connected disabilityof at least 30 percent. The pass must grant parkentrance to all state parks. First Sponsor: Rep.Goodale ARS Titles Affected: 41

H 2039 CHARTER SCHOOLS; HIGHEREDUCATION SPONSORSThe list charter schools eligible to participate in theArizona State Retirement System and designated aspolitical subdivisions is expanded to include charterschools sponsored by universities, community collegedistricts and groups of community college districts.Retroactive to July 1, 2013. First Sponsor: Rep.Goodale ARS Titles Affected: 15

H 2040 WORKERS’ COMP; PHARMACY;PATIENT CHOICEInjured employees have the right to select the phar-macy or pharmacist for dispensing and filling pre-scriptions for medicines required for injuries treatedusing workers’ compensation benefits. Employees ofself-insured employers or employers that are part of aself-insurance pool are exempt. First Sponsor: Rep.Allen Other Sponsors: Rep. Gray, Rep. Livingston,Sen. McComish, Rep. Townsend, ARS TitlesAffected: 23

H 2041 TECH CORRECTION; NOTARIESPUBLIC; CONDUCTMinor change in Title 41 (State Government) relatedto conduct of notaries public. Apparent striker bus.First Sponsor: Rep. Lesko ARS Titles Affected: 41

H 2042 TECH CORRECTION;TRANSACTION PRIVILEGE TAXMinor change in Title 42 (Taxation) related to transac-tion privilege taxes. Apparent striker bus. FirstSponsor: Rep. Lesko ARS Titles Affected: 42

H 2043 TECH CORRECTION; PAYMENTMETHODMinor change in Title 42 (Taxation) related tomethods of payment. Apparent striker bus. FirstSponsor: Rep. Lesko ARS Titles Affected: 42

H 2044 MUNICIPAL IMPROVEMENTDISTRICTS; SALE CERTIFICATEFor the purpose of property sales in municipalimprovement districts, a certificate of sale is permittedto include the parcel number or the street address, ifany. First Sponsor: Rep. Borrelli ARS TitlesAffected: 48

H 2045 LIBRARY TRUSTEES; ANNUALREPORTThe annual report that municipal library trustees arerequired to make to the municipal governing bodymust be made by the second Monday of July, insteadof the first Monday of July. First Sponsor: Rep.Borrelli ARS Titles Affected: 9

H 2046 DISASTER RECOVERY;BUSINESSES; TAX; REGULATIONOut-of-state businesses and employees that are inArizona on a temporary basis solely to perform dis-aster recovery from a “declared disaster” (defined)during the period within 60 calendar days after thedeclared disaster are not subject to any state or localregistration, licensing or certification requirementsand are not required to file, withhold or pay state orlocal income, use or property taxes. First Sponsor:Rep. Lesko ARS Titles Affected: 32 42

H 2047 TRAVEL INSURANCE PRODUCERLICENSINGA travel retailer is permitted to offer and issue travelinsurance under a limited lines travel insurance pro-ducer business entity license under specified condi-tions. Any travel retailer offering travel insurance isrequired to make available to prospective purchaserswritten materials that explain certain aspects of travelinsurance. First Sponsor: Rep. Allen OtherSponsors: Rep. Livingston, ARS Titles Affected: 20

H 2048 INSURANCE ADJUSTERS;PORTABLE ELECTRONICSAn insurance adjuster who is a resident of a state thatdoes not license adjusters and who is otherwise per-mitted to adjust portable electronics insurance policiesin the applicant’s resident state is permitted to applyfor a license granting the adjuster authority to adjustportable electronics insurance policies in Arizona.Portable electronics vendors are no longer prohibitedfrom offering or selling insurance other than insuranceincidental to portable electronic transactions. Portableelectronics insurance customers may cancel the cov-erage at any time and must receive a pro rata refund orcredit within 60 days after notice of cancellation. FirstSponsor: Rep. Allen ARS Titles Affected: 20

H 2049 RETIREMENT PLANS;COMPENSATION; DEFINITIONFor the purpose of the Elected Officials RetirementPlan and the Public Safety Personnel RetirementSystem, the definition of compensation is modified toinclude amounts paid as shift differential pay and mili-tary differential wage pay, and to exclude overtimepay, various types of incentive pay, nonmonetary ben-efits, termination pay, short-term disability income orworkers compensation benefits. First Sponsor: Rep.Allen ARS Titles Affected: 38

H 2050 ASRS MEMBERSHIP; SECTION 218REQSRepeals the ASRS defined contribution plan estab-lished by Laws 2013, Chapter 216. An employee whois participating in the plan must discontinue employeecontributions to the plan and the long-term disabilityplan on the effective date of this legislation. At theemployee’s election, ASRS must either distribute thebalance of the employee’s account or transfer it toanother eligible plan. An employee who is receivingbenefits under the plan may continue to receive thosebenefits until the earliest of a list of specified condi-tions is met. Also specifies persons who are ineligiblefor membership in ASRS, including nonresident alienstemporarily residing in the U.S. and persons who per-form services under a program designed to relieve theperson from unemployment. First Sponsor: Rep.Lovas Other Sponsors: Rep. Allen, ARS TitlesAffected: 38

H 2051 TECH CORRECTION; BANKDEPOSITSMinor change in Title 6 (Financial Institutions) relatedto bank deposits. Apparent striker bus. First Sponsor:Rep. Townsend ARS Titles Affected: 6

H 2052 TECH CORRECTION; NONPROFITCORPORATIONSMinor change in Title 10 (Corporations) related to theArizona Nonprofit Corporation Act. Apparent strikerbus. First Sponsor: Rep. Townsend ARS TitlesAffected: 10

H 2053 TECH CORRECTION; CITIES ANDTOWNSMinor change in Title 9 (Cities and Towns) related totown officers. Apparent striker bus. First Sponsor:Rep. Townsend ARS Titles Affected: 9

H 2054 TECH CORRECTION;DISINCORPORATIONMinor change in Title 9 (Cities and Towns) related todisincorporation. Apparent striker bus. First Sponsor:Rep. Townsend ARS Titles Affected: 9

H 2055 TECH CORRECTION; FIDUCIARYFUNDS; DEPOSITSMinor change in Title 6 (Financial Institutions) relatedto deposit of fiduciary funds. Apparent striker bus.First Sponsor: Rep. Townsend ARS Titles Affected:6

H 2056 RETIREMENT; RETURN TO WORKStatute allowing a retired Arizona State RetirementSystem member to return to work and still be eligibleto receive retirement benefits under specified condi-tions is repealed. Prohibits ASRS, Public SafetyPersonnel Retirement System and Corrections OfficerRetirement Plan employers from contracting orleasing a retired member to work in any capacity. Aretired member currently working on contract or leasewith an ASRS, PSPRS or CORP employer may com-plete the term of the current contract but may notrenew the contract or lease. First Sponsor: Rep. AllenARS Titles Affected: 38

H 2057 SETTING ASIDE CONVICTION;PUBLIC RECORDSOn request and showing of good cause, a judge, jus-tice of the peace or magistrate is authorized to seal therecord of a person whose judgment of guilt is setaside. Public agencies are prohibited from knowinglydisplaying or disclosing any information in a sealedrecord. First Sponsor: Rep. Kavanagh ARS TitlesAffected: 13

H 2058 PUBLIC PENSIONS; LIMIT ONCOMPENSATIONFor employees hired after the effective date of thislegislation, the annual compensation of each memberof the Arizona State Retirement System, Public SafetyPersonnel Retirement System and Corrections OfficerRetirement Plan for any fiscal year or other specified12 consecutive month period cannot exceed $150,000.First Sponsor: Rep. Kavanagh ARS Titles Affected:38

H 2059 VEHICLE MANUFACTURERS;CUSTOMER DIRECT SALESThe prohibition on a motor vehicle “factory” (defined)competing with its dealers by selling, leasing oroffering to sell or lease a vehicle or product, service orfinancing to any retail consumer or lead applies only ifa dealer is located within 60 miles of the retail con-sumer or lead. First Sponsor: Rep. Kavanagh ARSTitles Affected: 28

H 2060 PSPRS OVERSIGHT; RULEMAKING;PROCUREMENTThe Public Safety Personnel Retirement SystemBoard is no longer exempt from the AdministrativeProcedures Act or the Arizona Procurement Code. TheBoard is required to establish and maintain anAdministration Account consisting of all monies foradministrative purposes. Expenditures from theAccount must be made in accordance with Boarddirectives, subject to legislative appropriation.Specifies expenditures from the Account that are con-tinuously appropriated in the amount the Board deemsnecessary. First Sponsor: Rep. Kavanagh ARS TitlesAffected: 38 41

H 2061 CONSTABLES’ WORK LOGS; FILINGCopies of the county constables’ work log are nolonger required to be filed monthly with the clerk ofthe justice court and the clerk of the board of supervi-sors. First Sponsor: Rep. Dial ARS Titles Affected:11

H 2062 CHILD PROTECTIVE SERVICES;DUTIESThe primary purpose and duties of Child ProtectiveServices are modified. CPS is required to investigatereports of child abuse and neglect; assess, promoteand support the safety of a child in a safe and stablefamily; work cooperatively with law enforcementregarding reports that include criminal conduct allega-tions; and coordinate services to achieve permanencyon behalf of the child, without compromising childsafety. First Sponsor: Rep. E. Farnsworth OtherSponsors: Rep. Brophy McGee, Rep. Carter, ARSTitles Affected: 8

H 2063 RETIREMENT SAVINGS;EMPLOYEESAdds a new chapter to Title 23 (Labor) establishingthe Arizona Secure Choice Retirement Savings(ASCRS) Trust Program. Any person or entityengaged in business or other enterprise in Arizona,

excluding public entities, that has five or moreemployees and has been in business at all times duringthe current and preceding calendar year is an eligibleemployer and may participate in the ASCRS Program.Establishes a 7-member ASCRS Board, specifiesBoard powers, and establishes an ASCRS Trust to beadministered by the Board. The ASCRS Programmust include one or more payroll deposit retirementsavings arrangements as determined by the Board.Provides for enrollment, contributions and financialreports. The ASCRS Program terminates on July 1,2024. First Sponsor: Rep. Quezada Other Sponsors:Sen. Gallardo, Rep. McCune Davis, Rep. Mendez,ARS Titles Affected: 23

H 2064 EARLY VOTING CENTERS;EXTENDED HOURSOn-site early voting locations are required to be openuntil 7:00 PM each business day during the earlyvoting period through the Monday preceding electionday (instead of until 5:00 PM through the Friday pre-ceding election day), and must also be open onSaturdays and Sundays until 7:00 PM during the twoweekends immediately preceding election day. FirstSponsor: Rep. Quezada Other Sponsors: Rep.Cardenas, Sen. Gallardo, Rep. Mendez, Rep.Sherwood, ARS Titles Affected: 16

H 2065 VOTER REGISTRATION; SAME DAYA person who is otherwise qualified to vote may reg-ister on Election Day at the polling place for theprecinct in which that person maintains residence.Election day registration does not qualify a person tovote in a partisan primary election until at least 29days after the date of registration. First Sponsor:Rep. Quezada Other Sponsors: Sen. Gallardo, Rep.Mendez, Rep. Sherwood, ARS Titles Affected: 16

H 2066 ELECTION AND ETHICSCOMMISSION; DUTIESEstablishes the Arizona Election and EthicsCommission consisting of six members who areappointed by the Governor and other specified electedofficials and who meet specified requirements.Beginning in 2015, the Commission succeeds to theduties of the Secretary of State with respect to actingas the investigatory, compliance and enforcementofficer for political committees supporting oropposing candidates for state offices and members ofthe Legislature and statewide initiative or referendummeasures appearing on a state general election ballot.Powers and duties of the Commission are established,including receiving any ethics complaint filed againstcandidates or elected officials of state government.The Commission terminates on July 1, 2024. FirstSponsor: Rep. Quezada Other Sponsors: Sen.Gallardo, Rep. Mendez, ARS Titles Affected: 16 41

H 2067 VOTER REGISTRATION; FEDERALFORMSThe county recorder is required to register voters whouse federal forms for voter registration if the formscomply with the National Voter Registration Act of1993, and are prohibited from requiring the registrantto provide information or documentation that is notrequired by the Act. Due to voter protection, this billrequires the affirmative vote of at least 3/4 of eachhouse of the Legislature for passage. First Sponsor:Rep. Quezada Other Sponsors: Sen. Gallardo, Rep.Mendez, Rep. Sherwood, ARS Titles Affected: 16

H 2068 LABOR REP; EMPLOYEE;PRIVILEGEIn a civil action, labor representatives cannot be exam-ined about communication made by an employee tothe representative or advice the representative gave tothe employee in the course of representation in agrievance process. First Sponsor: Rep. QuezadaOther Sponsors: Sen. Gallardo, Rep. Mendez, Rep.Sherwood, ARS Titles Affected: 12

H 2069 ASRS; POLITICAL SUBDIVISIONENTITIESEmployees of “political subdivision entities” (definedin statute) who are hired on or after the effective dateof this legislation are excluded from membership inthe Arizona State Retirement System. First Sponsor:Rep. Ugenti Other Sponsors: Rep. Kwasman, Rep.Mesnard, Rep. Petersen, Rep. Townsend, ARS TitlesAffected: 38

H 2070 TECH CORRECTION; TAXCORRECTIONMinor change in Title 43 (Taxation of Income) relatedto tax abatements. Apparent striker bus. FirstSponsor: Rep. Barton ARS Titles Affected: 43

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H 2071 TECH CORRECTION; ANNUALLEAVE; TRANSFERMinor change in Title 41 (State Government) relatedto transfer of accumulated annual leave. Apparentstriker bus. First Sponsor: Rep. Barton ARS TitlesAffected: 41

H 2072 TECH CORRECTION; ALIENRETURNMinor change in Title 41 (State Government) relatedto return of aliens and nonresidents. Apparent strikerbus. First Sponsor: Rep. Barton ARS TitlesAffected: 41

H 2073 CENTRAL ARIZONA PROJECTBOARD; MEMBERSHIPThe board of directors of a multi-county water conser-vation district is required to include one nonvotingmember who is appointed by the Governor from a listof three persons holding elected tribal office for anIndian tribe in Arizona. This member serves a four-year term or until s/he is no longer holding an electedtribal office, whichever occurs earlier. The initial termof this member begins on January 1, 2015. FirstSponsor: Rep. Hale Other Sponsors: Rep. Campbell,Rep. Gallego, Rep. Gonzales, Rep. Peshlakai, Rep.Steele, Rep. Wheeler, ARS Titles Affected: 48

H 2074 STATE TRANSPORTATION BOARD;TRIBAL REPRESENTATIONThe membership of the State Transportation Board isexpanded to include a representative of tribal govern-ment. First Sponsor: Rep. Hale Other Sponsors:Rep. Campbell, Rep. Gallego, Rep. Gonzales, Rep.Peshlakai, Rep. Steele, Rep. Wheeler, Sen. Begay,ARS Titles Affected: 28

H 2075 NATIVE AMERICAN TRIBES; TPTREVENUESEach Indian tribe in the state is to receive 50 percentof transaction privilege tax collections from its reser-vation. Funds are to be used for telecommunicationsinfrastructure and community development projects.The remainder of collections are deposited in the stategeneral fund. First Sponsor: Rep. Hale OtherSponsors: Rep. Campbell, Rep. Gallego, Rep.Gonzales, Rep. Peshlakai, Rep. Steele, Rep. Wheeler,Sen. Begay, ARS Titles Affected: 42

H 2076 NATIVE AMERICAN TRIBES; JTEDEXPENSESThe State Treasurer is required to transmit five percentof transaction privilege tax revenues collected eachmonth from sources located on the IndianReservations to “Qualifying Indian Tribes” (defined asa tribe with a Joint Technical Education Districtformed on its own reservation). Monies must be usedfor the exclusive purpose of supporting the JTED, andtribes are required to enter into a compact with thestate to account for the use of the monies. FirstSponsor: Rep. Hale Other Sponsors: Rep. Campbell,Rep. Gallego, Rep. Gonzales, Rep. Peshlakai, Rep.Steele, Rep. Wheeler, Sen. Begay, ARS TitlesAffected: 42

H 2077 TECH CORRECTION; HOME HEALTHAGENCIESMinor change in Title 36 (Public Health) related tohome health agencies. Apparent striker bus. FirstSponsor: Rep. Carter ARS Titles Affected: 36

H 2078 TECH CORRECTION; PUBLICHEALTHMinor change in Title 36 (Public Health) related tohealth menaces. Apparent striker bus. First Sponsor:Rep. Carter ARS Titles Affected: 36

H 2079 TECH CORRECTION; FAMILYRESOURCE DIRECTORYMinor change in Title 36 (Public Health) related to theArizona children and families resource directory.Apparent striker bus. First Sponsor: Rep. CarterARS Titles Affected: 36

H 2080 TECH CORRECTION; MIDWIVESMinor change in Title 36 (Public Health) related tolicensing and regulation of midwives. Apparent strikerbus. First Sponsor: Rep. Carter ARS Titles Affected:36

H 2081 TECH CORRECTION; HEALTHSERVICES; FEESMinor change in Title 36 (Public Health) related toDepartment of Health Services fees. Apparent strikerbus. First Sponsor: Rep. Carter ARS Titles Affected:36

H 2082 TECH CORRECTION;CHIROPRACTICMinor change in Title 32 (Professions) related to chi-ropractic violations. Apparent striker bus. FirstSponsor: Rep. Carter ARS Titles Affected: 32

H 2083 TECH CORRECTION;COSMETOLOGY SHCOOLS; CONTRACTSMinor change in Title 32 (Professions) related to cos-metology schools. Apparent striker bus. FirstSponsor: Rep. Carter ARS Titles Affected: 32

H 2084 TECH CORRECTION; BARBERLICENSES; DISPLAYMinor change in Title 32 (Professions) related to dis-play of barber licenses. Apparent striker bus. FirstSponsor: Rep. Carter ARS Titles Affected: 32

H 2085 TECH CORRECTION;MALPRACTICE CLAIM REVIEWMinor change in Title 32 (Professions) related to pro-fessional malpractice claim review. Apparent strikerbus. First Sponsor: Rep. Carter ARS Titles Affected:32

H 2086 TECH CORRECTION; TECHNICALREGISTRATION BDMinor change in Title 32 (Professions) related tomembers of the Board of Technical Registration.Apparent striker bus. First Sponsor: Rep. CarterARS Titles Affected: 32

H 2087 HEALTH REGULATORY BOARDS;TRAINING REQUIREMENTSEach member of a health profession regulatory boardis required to complete a 12-hour training includingspecified subjects within one year after appointment tothe board. First Sponsor: Rep. Carter ARS TitlesAffected: 32

H 2088 SCHOOLS; 200-DAY CALENDAR;FUNDINGA school district or charter holder that elects to pro-vide 200 days of instruction may increase its baselevel by eight percent, increased from five percent.First Sponsor: Rep. Carter ARS Titles Affected: 15

H 2089 PHYSICAL THERAPY BOARD;CONTINUATIONThe statutory life of the Board of Physical Therapy isextended 10 years to July 1, 2024. Retroactive to July1, 2014. First Sponsor: Rep. Carter ARS TitlesAffected: 41

H 2090 DEFINED CONTRIBUTIONRETIREMENT PLANS; OPTIONThe Arizona State Retirement System is required toestablish, administer and operate a defined contribu-tion (DC) retirement plan for employees who are oth-erwise eligible for ASRS, the Public Safety PersonnelRetirement System or the Corrections OfficerRetirement Plan but who elect to participate in the DCplan. The ASRS Board is authorized to delegateauthority to implement the plan to the ASRS Director,to administer the plan through contracts with multiplevendors and to employ the services of the third-partyadministrator that administers the ASRS supplementaldefined contribution plan to also administer the plan.All employee contributions made to the defined con-tribution plan must be picked up and paid by theemployer. Employees must elect to participate in theplan in writing, and the election is irrevocable for theremainder of the employee’s employment. Specifiesemployee and employer contribution rates. FirstSponsor: Rep. Lovas Other Sponsors: Rep. Allen,Rep. Kwasman, Rep. Lesko, Rep. Livingston, Rep.Mesnard, Rep. Mitchell, Rep. Olson, Rep. Orr, Rep.Petersen, Rep. Shope, ARS Titles Affected: 38

H 2091 JUST COMPENSATION; TOLLING;TIME LIMITATIONIf existing property rights are reduced by the enact-ment of any land use law in a way that reduces the fairmarket value of the property, a written demand for justcompensation made by the property owner is anexhaustion requirement that tolls the three-year timeperiod for 90 days or the length of time it takes for thestate or political subdivision that enacted the land uselaw to deny the written demand, whichever is less.Due to voter protection, this bill requires the affirma-tive vote of at least 3/4 of each house of theLegislature for passage. First Sponsor: Rep.Livingston Other Sponsors: Rep. E. Farnsworth, Sen.Griffin, ARS Titles Affected: 12

H 2092 DEQ; CONTINUATIONThe statutory life of the Department of EnvironmentalQuality is extended 10 years to July 1, 2024.Retroactive to July 1, 2014. First Sponsor: Rep.Shope Other Sponsors: Rep. Cardenas, Sen.

Crandell, Rep. Escamilla, Rep. Fann, Rep. Hale, Rep.Lovas, Rep. Peshlakai, Rep. Pratt, Rep. Saldate, Rep.Thorpe, ARS Titles Affected: 41

H 2093 INCAPACIATATED PERSONS;JURISDICTION OF COURTStatute governing proceedings subsequent to theappointment of a guardian for an incapacitated personis repealed and replaced. The court at the place wherethe ward resides for a period of at least six monthsmust assume jurisdiction from the court that appointedthe guardian, instead of the two courts having concur-rent jurisdiction. Establishes procedures the courtsmust follow if the court located at the place where theward resides is not the court in which acceptance ofappointment is filed. Emergency clause. FirstSponsor: Rep. Petersen Other Sponsors: Sen. Biggs,Sen. D. Farnsworth, ARS Titles Affected: 14

H 2094 TECH CORRECTION; ARBOR DAYMinor change in Title 1 (General Provisions) relatedto Arbor Day. Apparent striker bus. First Sponsor:Rep. Brophy McGee ARS Titles Affected: 1

H 2095 TECH CORRECTION; COUNTYTREASURERMinor change in Title 11 (Counties) related to countytreasurer records. Apparent striker bus. FirstSponsor: Rep. Brophy McGee ARS Titles Affected:11

H 2096 TECH CORRECTION; FORMATION;PETITIONMinor change in Title 11 (Counties) related to countyformation petitions. Apparent striker bus. FirstSponsor: Rep. Brophy McGee ARS Titles Affected:11

H 2097 DEPARTMENT OF FINANCIALINSTITUTIONS; CONTINUATIONThe statutory life of the Department of FinancialInstitutions is extended 10 years to July 1, 2024.Retroactive to July 1, 2014. First Sponsor: Rep.Brophy McGee Other Sponsors: Rep. Coleman, Rep.Hernandez, Rep. Dial, Sen. Driggs, Rep. Fann, Rep.Livingston, Sen. Yarbrough, ARS Titles Affected: 41

H 2098 LOAN ORIGINATORSModifies loan originator license renewal requirementsby requiring the approved course of study for loanoriginators to be completed during the three-yearperiod preceding application, increased from twoyears, and requiring a licensee who failed to maintaina valid license for five years or longer to retake thelicensing examination. First Sponsor: Rep. BrophyMcGee Other Sponsors: Rep. Hernandez, Rep.Livingston, ARS Titles Affected: 6

H 2099 COLLECTION AGENCIES; LICENSERENEWALCollection agency licenses that are not renewed byJanuary 1 are suspended. A licensee may renew a sus-pended license by submitting a renewal applicationand paying fees, including any applicable late fee, byJanuary 31. Licenses that are not renewed by January31 expire. First Sponsor: Rep. Brophy McGee OtherSponsors: Rep. Hernandez, Rep. Livingston, Sen.Yarbrough, ARS Titles Affected: 32

H 2100 ADDRESS CONFIDENTIALITYPROGRAMParticipants in the Address Confidentiality Programare added to the list of persons who may request thatthe general public be prohibited from accessing theperson’s address and telephone number contained inrecords maintained by the county recorder. Programparticipants must attach a copy of his/her current andvalid Program authorization card and a statement ofcertification provided by the Secretary of State’soffice when making the request. First Sponsor: Rep.Brophy McGee Other Sponsors: Rep. Dial, Sen.Gallardo, Sen. Hobbs, Rep. Mesnard, Sen. Reagan,Rep. Smith, Sen. Yee, ARS Titles Affected: 11 41

H 2101 VACCINES; STUDY COMMITTEEEstablishes a 15-member Vaccine Financing andAvailability Study Committee to develop recommen-dations regarding the existing system of financing andavailability of childhood and adolescent vaccine prod-ucts and the adequacy of reimbursement levels forvaccines administered by private and public providersin all counties in Arizona. The Committee is requiredto report to the Governor and the Legislature byDecember 15, 2014. Self-repeals January 1, 2016.First Sponsor: Rep. Brophy McGee OtherSponsors: Rep. Boyer, Rep. Carter, Rep. Lovas, Rep.McCune Davis, ARS Titles Affected: 99

H 2102 LEGISLATIVE VACANCIES;DISTRICT RESIDENCY; QUORUMThe qualified electors nominated by a legislative dis-trict’s precinct committeemen to fill a legislativevacancy are no longer required to reside in the samecounty as the person who held the office immediatelybefore the vacancy. For the purpose of the nomination,50 percent or more of all precinct committeemen inthe legislative district, instead of in the district andcounty, in which the vacancy occurred must bepresent. First Sponsor: Rep. Townsend OtherSponsors: Rep. Barton, Rep. Borrelli, Rep. Boyer,Rep. Coleman, Rep. Forese, Rep. Livingston, Rep.Miranda, Rep. Mitchell, Rep. Olson, Rep. Petersen,Rep. Seel, Rep. Smith, Rep. Steele, Rep. Ugenti,ARS Titles Affected: 41

H 2103 CONCEALED CARRY PERMIT;QUALIFICATIONSAn applicant who is at least 19 years of age, instead ofthe required 21 years of age, may qualify for a con-cealed weapons permit if the applicant provides evi-dence of current military service or proof of honorabledischarge from the U.S. armed forces, reserves or astate national guard. First Sponsor: Rep. TownsendOther Sponsors: Rep. Barton, Rep. Borrelli, Rep.Cardenas, Rep. Kwasman, Rep. Livingston, Rep.Lovas, Rep. Mitchell, Rep. Petersen, Rep. Seel, Rep.Shope, Rep. Smith, Rep. Thorpe, ARS TitlesAffected: 13

H 2104 U.S. CONSTITUTION;AMENDMENTS; RATIFICATIONIncreases the classification for a delegate to a conven-tion to ratify amendments to the U.S. Constitution tointentionally fail to vote in accordance with the plat-form or nomination petition statement s/he waselected on to a class 6 felony, from a class 2 misde-meanor. Increases the mileage compensation for dele-gates to 44.5 cents per mile, from 20 cents per mile.Repeals language specifying that Congressional provi-sions for a convention supersede state statute. FirstSponsor: Rep. Townsend Other Sponsors: Rep.Kwasman, Rep. Livingston, Rep. Mitchell, Rep. Seel,Rep. Steele, ARS Titles Affected: 16

H 2105 COURT-ORDERED EVALUATIONS;PEACE OFFICERSPeace officers are authorized to take into custody anyindividual the officer has probable cause to believe isa danger to self or others as a result of a mental dis-order, instead of only those individuals where theprobable cause is based on the officer’s own observa-tions. Emergency clause. First Sponsor: Rep.Kavanagh ARS Titles Affected: 36

H 2106 WILDLAND-URBAN INTERFACESTUDY COMMITTEEEstablishes a 5-member Wildland-Urban InterfaceCommittee to develop legislative recommendationsrelating to creating defensible space in and aroundwildland-urban interface areas and other mattersrelating to wildland-urban fire prevention and control.The Committee is required to report to the Governorand the Legislature by December 31, 2014. Self-repeals October 1, 2015. First Sponsor: Rep.Kavanagh ARS Titles Affected: 99

H 2107 ELECTIONS; CANDIDATE, BALLOTMEASURE SIGNATURESThe Secretary of State is required to provide a systemfor registered voters to sign a nomination petition anda citizens clean elections five dollar donation qualifi-cation form for candidates for statewide and legisla-tive offices by way of a secure internet portal.Requirements for the system are specified. Candidatesmay collect up to one-half of the number of requiredsignatures using the online system. The Secretary ofState is required to create and make available to eachperson or organization circulating a statewide initia-tive, referendum or recall petition training materialsfor circulators, and each person who is a statewide cir-culator must acknowledge receipt of the materials inwriting before circulating a petition. Specifiedchanges are conditionally enacted on Laws 2013,chapter 209 failing to be referred to the voters at the2014 general election or being approved by a vote ofthe people. Due to voter protection, part of this billrequires the affirmative vote of at least 3/4 of eachhouse of the Legislature for passage. First Sponsor:Rep. Kavanagh ARS Titles Affected: 16 19

H 2108 VEHICLE TITLE WITHOUTREGISTRATION; TRAILERSThe Department of Transportation is required, ratherthan permitted, to issue a vehicle certificate of titlewithout registration for specified reasons. The list of

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reasons for which a title without registration must beissued is expanded to include that the vehicle is atrailer or semitrailer that will be used in interstatecommerce and registered in another state. FirstSponsor: Rep. Fann ARS Titles Affected: 28

H 2109 CERTIFICATES OF TITLE;VEHICLES; TRANSFERLicensed motor vehicle dealers are required to makethe application for a certificate of title within 30 daysafter a purchase or transfer, increased from 15 days.First Sponsor: Rep. Fann ARS Titles Affected: 28

H 2110 TECH CORRECTION; VEHICLEACCIDENT REPORTMinor change in Title 28 (Transportation) related tovehicle accident report forms. Apparent striker bus.First Sponsor: Rep. Fann ARS Titles Affected: 28

H 2111 COMMERCIAL DRIVER LICENSESInstruction permit holders for commercial driverlicenses may be accompanied by a person with thesame or higher class of license issued by any otherqualifying state, instead of only issued by Arizona.First Sponsor: Rep. Fann ARS Titles Affected: 28

H 2112 WEIGHTS; MEASURES; FALSESTATEMENT; PENALTYIt is a class 2 misdemeanor to knowingly file with theDepartment of Weights and Measures any notice,statement or other document required by licensing-related statute if that document is false or contains anymaterial misstatement of fact. First Sponsor: Rep.Fann ARS Titles Affected: 41

H 2113 ARIZONA MOTORSPORTSCOMMEMORATIVE SPECIAL PLATESThe Department of Transportation is authorized toissue special Arizona motorsports commemorativelicense plates if a person pays $32,000 in start-upcosts by December 31, 2014. Of the $25 annual fee,$8 is an administrative fee and $17 is a donation to thenewly established Arizona MotorsportsCommemorative Special Plate Fund. Monies in theFund must be allocated to a foundation providingcharitable support for children and satisfies otherspecified requirements. May be cited as the PhoenixInternational Raceway Plate Act. First Sponsor: Rep.Fann Other Sponsors: Rep. Allen, Rep. Borrelli, Rep.Boyer, Rep. Cardenas, Rep. Contreras, Rep. Dial, Sen.Gallardo, Rep. Gallego, Rep. Gowan, Rep. Kavanagh,Sen. McComish, Rep. Mesnard, Sen. Meza, Sen.Pancrazi, Rep. Robson, Sen. Shooter, Rep. Shope,Sen. Tovar, ARS Titles Affected: 28

H 2114 ADOT; LAND ACQUISITION;CONVEYANCES; RELOCATIONVarious changes relating to land acquisition by countyagencies or the Department of Transportation. Themaximum amounts the displacing agency is requiredto pay a displaced person, business or farm operationfor various expenses related to relocating a dwelling,farm or business are increased. The amount of timethe person is required to have actually owned andoccupied a dwelling to qualify for replacementhousing payments is reduced to 90 days, from 180days, before the initiation of negotiations for propertyacquisition. First Sponsor: Rep. Fann ARS TitlesAffected: 11 28

H 2115 TECH CORRECTION; BENEFITS;ALIENS; ATHLETESMinor change in Title 23 (Labor) related to employ-ment benefits for athletes and aliens. Apparent strikerbus. First Sponsor: Rep. Fann ARS Titles Affected:23

H 2116 TECH CORRECTION; DUI; BLOODTESTMinor change in Title 28 (Transportation) related toblood tests for driving under the influence. Apparentstriker bus. First Sponsor: Rep. Fann ARS TitlesAffected: 28

H 2117 TECH CORRECTION; DRY WELLS;REGULATIONMinor change in Title 49 (Environment) related toregulation of dry wells. Apparent striker bus. FirstSponsor: Rep. Fann ARS Titles Affected: 49

H 2118 TECH CORRECTION; COMMUNITYCOLLEGES; BENEFITSMinor change in Title 15 (Education) related to com-munity college district board member benefits.Apparent striker bus. First Sponsor: Rep. Fann ARSTitles Affected: 15

H 2119 DEVELOPMENTAL DISABILITIES;EQUINE; SPECIAL PLATESThe Department of Transportation is authorized toissue special developmental disabilities awareness

license plates if an entity pays $32,000 in start-upcosts by December 31, 2015. Of the $25 annual fee,$8 is an administrative fee and $17 is a donation to theDevelopmental Disabilities Awareness Special PlateFund. Monies in the Fund must be allocated to a non-profit organization dedicated to serving persons withdevelopmental disabilities and that meets other speci-fied requirements. The Dept is authorized to issue spe-cial equine education organization license plates if anentity pays $32,000 in start-up costs by December 31,2015. Of the $25 annual fee, $8 is an administrativefee and $17 is a donation to the Equine EducationOrganization Special Plate Fund. Monies in the Fundmust be allocated to a nonprofit organization that con-ducts equine research of a scientific nature, providesmonies for equine education scholarships and thatmeets other specified requirements. First Sponsor:Rep. Fann ARS Titles Affected: 28 36

H 2120 MOTOR VEHICLE SALESMotor vehicle dealers are prohibited from parking amotor vehicle for the purpose of displaying thevehicle for sale on a public street, highway, parkinglot or other public property, or on private propertywhere the public may lawfully drive (other than thedealer’s lot). Modifies various penalties for motorvehicle dealer violations. Also, peace officers arerequired to cause the removal and either immobiliza-tion or impoundment of a vehicle that is displayed forsale with a vehicle identification number that has beendestroyed, removed or altered. First Sponsor: Rep.Fann ARS Titles Affected: 28

H 2121 INSURERS; LICENSURE; DIRECTOREXAMVarious changes relating to licensure and examinationof insurers. The exemption from the insurance pro-ducer license examination for applicants currentlylicensed in another state does not apply to an applicantwho fails an examination in Arizona for a specific lineof authority 4 times within a 12-month period,becomes licensed in another state, then cancels thelicense in another state and applies for a residentlicense. Retroactive to September 13, 2013, clarifiesthat a license that expires due to failure to submit anapplication for renewal and payment of fees in atimely manner is not considered to have terminated ifthe late fee is timely paid and the license is renewed orplaced on active status. First Sponsor: Rep. LovasARS Titles Affected: 20

H 2122 ASRS; ELECTION; EORP DEFINEDCONTRIBUTIONRetroactive to January 1, 2014, a state elected officialwho was elected or appointed before December 31,2013 and who is a member of the Arizona StateRetirement System because s/he previously electednot to participate in the Elected Officials’ RetirementPlan is no longer required to elect to continue orresume participation in ASRS in writing and is subjectto the ASRS without the election. Also, an electedofficial who no longer holds office must apply forEORP defined contribution disability program bene-fits within one year of terminating office. Payment ofthe disability benefits can be made retroactive only tothe date of application. Emergency clause. FirstSponsor: Rep. Lovas ARS Titles Affected: 38

H 2123 BD OF TECHNICAL REGISTRATION;REGISTRANTSA registrant with the Board of Technical Registrationwho seeks reactivation of an inactive certificate ofregistration and who has not been registered in theprofession, instead of “engaged” in the profession, forthe immediately preceding five years is required totake the applicable professional examination.Retroactive to January 1, 2013. First Sponsor: Rep.Petersen Other Sponsors: Sen. Barto, Rep. Barton,Rep. Borrelli, Rep. Cardenas, Sen. Crandell, Rep. E.Farnsworth, Rep. Forese, Rep. Livingston, Rep.Lovas, Sen. McComish, Sen. Melvin, Rep. Mitchell,Rep. Montenegro, Rep. Olson, Sen. Reagan, Rep.Shope, Rep. Smith, Rep. Thorpe, Rep. Townsend,Rep. Ugenti, Sen. Worsley, Sen. Begay, Sen. D.Farnsworth, ARS Titles Affected: 32

H 2124 CONSTABLES; APPOINTMENT;TRAININGAn Arizona constables association that represents amajority of constables in Arizona appoints constablesto the Constable Ethics Standards and Training Board(CESTB), instead of the Arizona Association ofCounties. Session law specifies that members of theCESTB appointed before the effective date of this leg-islation may continue to serve for the remainder of theterm. Also, the Arizona Peace Officer Standards andTraining Board is required to forward copies of con-

stable training certificates to the CESTB within 30days after the end of the calendar year, instead ofwithin 30 days after completion. First Sponsor: Rep.Dial Other Sponsors: Rep. Cardenas, ARS TitlesAffected: 22

H 2125 AIR QUALITY FORECASTING;NONATTAINMENT AREASThe Department of Environmental Quality is requiredto develop and disseminate air quality dust forecastsfor any PM-10 nonattainment areas designated inArizona beginning January 1, 2012, in addition to forthe Maricopa County PM-10 nonattainment area.First Sponsor: Rep. Pratt Other Sponsors: Sen.Griffin, Rep. Shope, ARS Titles Affected: 49

H 2126 MUNICIPAL ANNEXATION; SIZE;EXCEPTIONFor the purpose of municipal annexation, a territory isconsidered contiguous if it adjoins the exteriorboundary of the annexing municipality for at least 300feet, 90 percent of the territory is at least 200 feet inwidth, and the distance from the existing boundary ofthe annexing municipality where it adjoins theannexed territory to the furthest point of the annexedterritory from that boundary is no more than twice themaximum width of the annexed territory. FirstSponsor: Rep. Pratt Other Sponsors: Rep. Shope,ARS Titles Affected: 9

H 2127 WILDLIFE; GUIDES; FIREARMSA person acting as a wildlife guide is no longer pro-hibited from carrying firearms other than a revolver orpistol. First Sponsor: Rep. Pratt Other Sponsors:Rep. Gowan, Sen. Griffin, Sen. McGuire, Sen. S.Pierce, Rep. Shope, ARS Titles Affected: 17

H 2128 WEIGHTS; MEASURES; VAPORRECOVERY SYSTEMSVarious changes to statutes governing the gasolinevapor recovery system. The current stage II vaporrecovery system is deleted and gasoline dispensingsites previously required to use stage II vaporrecovery are required to comply with stage I vaporrecovery system rules. Current stage II vapor recoverysystem regulations are replaced in a new section ofstatute that self-repeals October 1, 2018. TheDepartment of Weights and Measures is required toestablish by rule standards for decommissioning stageII vapor recovery systems on or after October 1, 2016but not later than September 30, 2018, or such dates asapproved by the U.S. Environmental ProtectionAgency in the State Implementation Plan revision forthe removal of stage II vapor recovery systems,whichever is later. All stage II vapor recovery systemsand testing must remain in place until the systems aredecommissioned. Emergency clause. First Sponsor:Rep. Pratt Other Sponsors: Sen. Griffin, Rep. Shope,ARS Titles Affected: 41

H 2129 TECH CORRECTION; AIRPOLLUTION; PERMITSMinor change in Title 49 (Environment) related to airpollution permit transfers. Apparent striker bus. FirstSponsor: Rep. Pratt ARS Titles Affected: 49

H 2130 TECH CORRECTION; WATERQUALITYMinor change in Title 49 (Environment) related towater quality. Apparent striker bus. First Sponsor:Rep. Pratt ARS Titles Affected: 49

H 2131 HIRING PRACTICES; CRIMINALHISTORY; LIMITATIONEmployers are prohibited from inquiring, consideringor requiring disclosure of the criminal convictionrecord of an applicant for employment during thehiring process unless it has a direct relationship to theemployment position, is only for the period of the tenmost recent cosecutive years, and takes place after theapplicant has received a conditional offer of employ-ment. Does not apply to positions that require a validfingerprint clearance card. First Sponsor: Rep.Quezada Other Sponsors: Rep. Contreras, Rep.Dalessandro, Sen. Gallardo, Rep. Larkin, Rep.Mendez, Rep. Sherwood, ARS Titles Affected: 23

H 2132 VOTING RIGHTS; RESTORATION;FELONIESFor a person who has been convicted of two or morefelonies, the person’s right to vote is automaticallyrestored on completion of probation or absolute dis-charge from imprisonment. First Sponsor: Rep.Quezada ARS Titles Affected: 13

H 2133 PEACE OFFICERS; UNITED STATESCITIZENSHIPTo the extent permitted under federal law, any personwho applies for a peace officer position must be a cit-izen of the U.S. and must provide proof of citizenship

as part of the employment application. First Sponsor:Rep. Mitchell Other Sponsors: Rep. Barton, Sen.Crandell, Sen. Griffin, Rep. Kwasman, Rep.Livingston, Sen. Murphy, Rep. Smith, Rep.Townsend, ARS Titles Affected: 38

H 2134 FIRE; BUILDING; LIFE SAFETY;CONTINUATIONThe statutory life of the Department of Fire, Buildingand Life Safety is extended 8 years to July 1, 2022.Retroactive to July 1, 2014. First Sponsor: Rep.Mitchell Other Sponsors: Rep. Borrelli, Rep.Cardenas, Rep. Gowan, Rep. Livingston, Rep. J.Pierce, ARS Titles Affected: 41

H 2135 MILITARY AFFAIRS COMMISSION;CONTINUATIONThe statutory life of the Military Affairs Commissionis extended 8 years to July 1, 2022. Retroactive to July1, 2014. First Sponsor: Rep. Mitchell OtherSponsors: Rep. Borrelli, Rep. Cardenas, Rep. Gowan,Rep. Livingston, Rep. J. Pierce, ARS TitlesAffected: 41

H 2136 PUBLIC SAFETY COMMUNICATIONSCOMMISSION; CONTINUATIONThe statutory life of the Arizona Public SafetyCommunications Advisory Commission is extended 4years to July 1, 2016. Retroactive to July 1, 2014.First Sponsor: Rep. Mitchell Other Sponsors: Rep.Borrelli, Rep. Cardenas, ARS Titles Affected: 41

H 2137 TOBACCO RETAILER; LOCATIONRESTRICTIONMunicipalities are prohibited from adopting a zoningordinance that allows a “tobacco retailer” (defined) tobe located within 300 feet of a child care facility, apublic or private school, a public playground or apublic recreational facility. First Sponsor: Rep.Otondo Other Sponsors: Rep. Cardenas, Rep. Carter,Rep. Coleman, Rep. Contreras, Rep. Escamilla, Rep.Fann, Rep. Forese, Rep. Gallego, Rep. Mendez, Rep.Mitchell, Sen. Pancrazi, Rep. J. Pierce, Rep. Pratt,Rep. Sherwood, Sen. Shooter, Rep. Wheeler, ARSTitles Affected: 9

H 2138 TECH CORRECTION; UNCLAIMEDPROPERTY; TRANSITIONMinor change in Title 44 (Trade and Commerce)related to unclaimed property. Apparent striker bus.First Sponsor: Rep. Petersen ARS Titles Affected:44

H 2139 TECH CORRECTION; PETROLEUMPRODUCT STORAGEMinor change in Title 44 (Trade and Commerce)related to petroleum product storage. Apparent strikerbus. First Sponsor: Rep. Petersen ARS TitlesAffected: 44

H 2140 TECH CORRECTION; ARMEDFORCES; TAXESMinor change in Title 43 (Taxation of Income) relatedto income taxes of members of the armed forces.Apparent striker bus. First Sponsor: Rep. PetersenARS Titles Affected: 43

H 2141 TECH CORRECTION; TAX REFUNDACCOUNTMinor change in Title 42 (Taxation) related to taxrefund accounts. Apparent striker bus. First Sponsor:Rep. Petersen ARS Titles Affected: 42

H 2142 TECH CORRECTION; WATEREXCHANGESMinor change in Title 45 (Waters) related to waterexchange contracts. Apparent striker bus. FirstSponsor: Rep. Petersen ARS Titles Affected: 45

H 2143 SALVIA DIVINORUM; UNLAWFULACTS; DEFENSEIt is a class 2 misdemeanor for a person to sell, dis-tribute, administer or give, or offer to sell, distribute,administer or give “salvia divinorum” (defined) to aperson who is under 21 years of age. It is an affirma-tive defense to a prosecution for a violation that theperson reasonably relied on fraudulent proof of age.First Sponsor: Rep. Meyer Other Sponsors: Rep.Alston, Rep. Gabaldon, Rep. Gonzales, Rep. Mendez,Rep. Miranda, Rep. Steele, ARS Titles Affected: 13

H 2144 SCHOOL PUPILS; ACADEMICINTERVENTIONBeginning in the 2016-17 school year, school districtgoverning boards are required to maintain a confiden-tial list of students with a grade point average of 2.0 orlower on a 4.0 scale, or the equivalent. The school dis-trict is required to provide academic interventions, asdetermined by the board, to the students on the listuntil their GPA exceeds 2.0. First Sponsor: Rep.

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Meyer Other Sponsors: Rep. Alston, Rep. Gabaldon,Rep. Gonzales, Rep. Larkin, Rep. Miranda, ARSTitles Affected: 15

H 2145 IDENTIFYING INFO; PEACEOFFICER SPOUSESThe spouse of a peace officer is added to the list ofpersons who may file an affidavit to request countyofficers and the Department of Transportation prohibitaccess to that person’s residential address and tele-phone number contained in certain public records, andwho must be notified of the expiration of restrictionson related public records. Emergency clause. FirstSponsor: Rep. Borrelli Other Sponsors: Rep.Cardenas, Rep. Fann, Rep. Kavanagh, Sen. Ward,ARS Titles Affected: 11 16 28 39

H 2146 EMT CERTIFICATION REQS;MILITARY APPLICANTSThe standards and criteria for certification of emer-gency medical care technicians are required to allowthe education, training or experience requirements foran applicant to be completely or partially satisfied onpresentation of evidence that the applicant receivedsubstantially equivalent education, training or experi-ence as a member of the U.S. armed forces, reserve orany national guard. First Sponsor: Rep. BorrelliOther Sponsors: Rep. Cardenas, Rep. Escamilla,Rep. Fann, Rep. Hale, Rep. Kavanagh, Rep. Larkin,Rep. Orr, Sen. Ward, ARS Titles Affected: 36

H 2147 VETERANS; HIRING; TAX CREDITFor tax years 2014 through 2016, an individual andcorporate income tax credit of up to $4,000 is estab-lished for a taxpayer who hires an employee who is aveteran of the U.S. armed forces and who is collectedunemployment benefits at the time of hiring, if theemployee’s compensation is at least equal to themedian annual wage in Arizona. The amount of thecredit is the lowest of either 10 percent of theemployee’s salary, $2,000 for an employee, or $4,000for an employee with a specified disability. If theamount of the credit exceeds taxes due, the taxpayermay carry forward the unused amount for up to fiveconsecutive taxable years. The credit is allowed onlyfor the first year or partial year of employment and isnot allowed for a taxpayer if the employee hired is a“relative” (defined) of the taxpayer or a person whohas an ownership interest in the taxpayer. Self-repealsJanuary 1, 2017. First Sponsor: Rep. Borrelli OtherSponsors: Rep. Allen, Rep. Cardenas, Rep. Carter,Rep. Forese, Rep. Gowan, Rep. Larkin, Rep. Lovas,Rep. Orr, Rep. Peshlakai, Rep. Thorpe, Rep.Townsend, Sen. Ward, ARS Titles Affected: 43

H 2148 MUNICIPALITIES; COUNTIES;TRANSFER; RIGHT-OF-WAYA transfer of a county right-of-way or roadway to anadjacent municipality must be treated by the munici-pality as if the transferred property was newlyannexed territory. First Sponsor: Rep. Borrelli OtherSponsors: Rep. Allen, Sen. Barto, Sen. Biggs, Rep.Carter, Sen. Crandell, Rep. Fann, Rep. Kavanagh,Rep. Livingston, Rep. Lovas, Rep. Mesnard, Rep.Mitchell, Rep. Petersen, Sen. Reagan, Sen. Shooter,Rep. Smith, Rep. Thorpe, Rep. Townsend, Sen. Ward,ARS Titles Affected: 9

H 2149 STATE PARKS; SLIF FUNDDISTRIBUTIONMonies in the State Lake Improvement Fund must bededicated annually for uses specified by the StateParks Board, which may include distributions to theGame and Fish Commission, and must be distributedat least annually to county boards of supervisors ormunicipal governing bodies, or both, to fund projectson waters where gasoline powered boats are per-mitted. First Sponsor: Rep. Borrelli OtherSponsors: Sen. Barto, Rep. Carter, Sen. Crandell,Rep. Fann, Rep. Gowan, Rep. Livingston, Rep. Lovas,Rep. Mesnard, Rep. Mitchell, Rep. Orr, Sen. Reagan,Sen. Shooter, Rep. Thorpe, Rep. Townsend, Sen.Ward, ARS Titles Affected: 5

H 2150 EMPOWERMENT SCHOLARSHIPS;MILITARY FAMILIESA child who qualifies for an empowerment scholar-ship account due to a parent or guardian who is anactive duty member of the U.S. armed forces is notsubject to other specified eligibility requirements.First Sponsor: Rep. Borrelli Other Sponsors: Sen.Barto, Sen. Biggs, Rep. Boyer, Rep. Cardenas, Sen.Crandell, Rep. Fann, Rep. Gowan, Sen. Griffin, Rep.Kavanagh, Rep. Kwasman, Rep. Larkin, Rep. Lesko,Rep. Livingston, Sen. McGuire, Rep. Mesnard, Rep.Mitchell, Rep. Orr, Rep. Peshlakai, Sen. Reagan, Sen.Shooter, Rep. Thorpe, Rep. Tobin, Rep. Townsend,Sen. Begay, ARS Titles Affected: 15

H 2151 CERTIFICATION; FAMILY-ORIENTEDGAMINGThe Department of Gaming is required to certify abusiness for family-oriented gaming if the businesscomplies with a list of specified requirements,including that it offers to the public a device, game orcontest that is played for entertainment and whereskill is the predominant factor in the game instead ofchance, that it is located in a permanent structure, andthat it has no area that is age restricted. The Dept isauthorized to adopt rules to carry out this chapter, pre-scribe a fee for certification, and inspect a certifiedbusiness up to two times each calendar year.Conditionally repealed if a tribe finds that family-ori-ented gaming is a new form of gaming and notifies thestate of its finding pursuant to the tribal-state gamingcompact. First Sponsor: Rep. E. Farnsworth OtherSponsors: Rep. Allen, Rep. Boyer, Rep. Dial, Sen.Driggs, Rep. Lesko, Rep. Livingston, Rep.Montenegro, Rep. Petersen, Rep. J. Pierce, Rep.Thorpe, ARS Titles Affected: 5 13

H 2152 FIRE DISTRICT BOUNDARYCHANGESFor changes to the boundaries of a fire district, com-munity park maintenance district or sanitary district,the information that must be included in the boundarychange impact statement is expanded to include adescription of the planning areas and boundaries ofeach potentially affected municipality and whetherany property proposed to be added to the district iswithin the planning areas of any municipality. Noticemust be mailed to the clerk of any municipality whoseplanning area includes any portion of the proposedannexed territory, and the municipal governing bodymay submit written comments to the district gov-erning body within 20 days of receipt of the notice.The district governing body is prohibited fromapproving a proposed annexation if the area is withinthe boundaries of a municipality’s planning area andthe municipal governing body has adopted a resolu-tion or ordinance that disapproves the annexation.First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 48

H 2153 EXERCISE OF RELIGION; STATEACTIONFor the purpose of statutory protection of exercise ofreligion, the definition of “exercise of religion” isexpanded to mean any practice or observance of reli-gion, and the definition of “person” is expanded toinclude any individual, association, partnership, cor-poration, church, estate, trust, foundation or otherlegal entity (in addition to religious assembly or insti-tution). A person whose religious exercise is burdenedin violation of statute may assert that violation as aclaim or defense in a judicial proceeding even if thegovernment is not a party to the proceeding, and mayobtain appropriate relief from parties other than thegovernment. The prohibition on government substan-tially burdening a person’s exercise of religion is mod-ified to prohibit “state action” (defined as any actionby the government or the implementation or applica-tion of any law by the government or nongovern-mental persons) from doing so. First Sponsor: Rep.E. Farnsworth Other Sponsors: Rep. Allen, Rep.Barton, Rep. Boyer, Rep. Coleman, Rep. Gowan, Rep.Gray, Rep. Kavanagh, Rep. Kwasman, Rep. Lesko,Rep. Livingston, Rep. Mesnard, Rep. Mitchell, Rep.Montenegro, Rep. Petersen, Rep. J. Pierce, Rep.Smith, Rep. Thorpe, Rep. Tobin, Rep. Townsend,ARS Titles Affected: 41

H 2154 TECH CORRECTION; ELECTIONS;SPECIAL DISTRICTSMinor change in Title 16 (Elections) related to specialdistrict elections. Apparent striker bus. First Sponsor:Rep. E. Farnsworth ARS Titles Affected: 16

H 2155 TECH CORRECTION; ELECTIONDATESMinor change in Title 16 (Elections) related to non-partisan election dates. Apparent striker bus. FirstSponsor: Rep. E. Farnsworth ARS Titles Affected:16

H 2156 TECH CORRECTION; DEFRAUDINGSECURED CREDITORSMinor change in Title 13 (Criminal Code) related todefrauding secured creditors. Apparent striker bus.First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 13

H 2157 TECH CORRECTION; EMERGENCYINTERCEPTIONMinor change in Title 13 (Criminal Code) related toemergency interception. Apparent striker bus. First

Sponsor: Rep. E. Farnsworth ARS Titles Affected:13

H 2158 TECH CORRECTION; TAX JUDGES;QUALIFICATIONSMinor change in Title 12 (Courts) related to qualifica-tions of tax judges. Apparent striker bus. FirstSponsor: Rep. E. Farnsworth ARS Titles Affected:12

H 2159 TECH CORRECTION; ABORTION;INFORMED CONSENTMinor change in Title 36 (Public Health) related toinformed consent for abortion. Apparent striker bus.First Sponsor: Rep. Lesko ARS Titles Affected: 36

H 2160 TECH CORRECTION; HISTORICPROPERTY; DISQUALIFICATIONMinor change in Title 42 (Taxation) related to prop-erty classification. Apparent striker bus. FirstSponsor: Rep. Lesko ARS Titles Affected: 42

H 2161 BOARD OF EQUALIZATION;CONTINUATIONThe statutory life of the State Board of Equalization isextended 10 years to July 1, 2024. Retroactive to July1, 2014. First Sponsor: Rep. Lesko ARS TitlesAffected: 41

H 2162 CITY OR TOWN COUNCIL;VACANCYIf a member of a municipal council ceases to be aqualified elector of the municipality or ceases to residein the municipality, the council seat held by thatmember is deemed vacant and must be filled in thesame manner as any vacancy. On request, the countyattorney for the county in which the municipality islocated is required to investigate and determinewhether such a vacancy exists. First Sponsor: Rep.Lesko Other Sponsors: Rep. Borrelli, Sen. Burges,Rep. Gray, Rep. Livingston, Rep. Lovas, Rep. Ugenti,ARS Titles Affected: 9

H 2163 LIMITED LIABILITY; SPACE FLIGHTACTIVITIESA “space flight entity” (defined) is not liable to anyperson for a space flight participant’s injury that arisesout of space flight activities if the participant signs aliability release agreement that includes specified lan-guage. Some exceptions. First Sponsor: Rep. OrrOther Sponsors: Rep. Borrelli, Rep. Cardenas, Rep.Dial, Rep. Livingston, Rep. Sherwood, Rep. Steele,ARS Titles Affected: 12

H 2164 LASER POINTER; AIRCRAFT;VIOLATIONA person commits aiming a laser pointer at an occu-pied aircraft if the person intentionally or knowinglydirects the beam of light from a “laser pointer or laseremitting device” (defined) at an aircraft and theperson knows or reasonably should know that the air-craft is occupied. Aiming a laser pointer at an occu-pied aircraft is a class 5 felony, except that if it rendersthe pilot unable to safely operate the aircraft or causesserious physical injury to any person on board it is aclass 4 felony. First Sponsor: Rep. Orr OtherSponsors: Rep. Borrelli, Rep. Campbell, Rep.Cardenas, Rep. Livingston, Rep. Mesnard, Rep.Sherwood, Rep. Steele, ARS Titles Affected: 13

H 2165 MOTOR VEHICLE LIABILITYINSURANCE REQUIREMENTSThe minimum amounts of liability insurance that mustbe maintained for each motor vehicle are increased to$25,000 for bodily injury or death of one person inone accident, from $15,000; to $50,000 for bodilyinjury or death of two or more persons in one acci-dent, from $30,000; and to $20,000 because of injuryto or destruction of property of others in any one acci-dent, from $10,000. First Sponsor: Rep. Orr OtherSponsors: Rep. Steele, ARS Titles Affected: 28

H 2166 PSPRS CONTRIBUTIONS; COUNTYEMPLOYERSA county employer participating in the Public SafetyPersonnel Retirement Plan that elected to pay a higherlevel percentage contribution rate before 1980 is per-mitted to eliminate that higher level percentage contri-bution rate amount for members hired on or afterJanuary 1, 2015. First Sponsor: Rep. Orr OtherSponsors: Rep. Steele, ARS Titles Affected: 38

H 2167 SPORTS AUTHORITY; ELECTIONThe board of directors of a sports authority district in acounty with a population of more than 500,000 butless than 2 million persons (Pima County) is per-mitted, rather than required, to call an election for theestablishment of a sports authority in the county. Ifheld, the elction must occur on one of the next 12 gen-eral election dates, increased from 5, following the

establishment of the district. First Sponsor: Rep. OrrOther Sponsors: Rep. Steele, ARS Titles Affected:5

H 2168 TECH CORRECTION; DOUBLEPUNISHMENTMinor change in Title 13 (Criminal Code) related todouble punishment. Apparent striker bus. FirstSponsor: Rep. Seel ARS Titles Affected: 13

H 2169 TECH CORRECTION; COMMERCIALINSURANCEMinor change in Title 20 (Insurance) related to com-mercial insurance. Apparent striker bus. FirstSponsor: Rep. Seel ARS Titles Affected: 20

H 2170 TECH CORRECTION; VEHICLEREFUELING APPARATUSMinor change in Title 9 (Cities and Towns) related tomunicipal regulation of vehicle refueling apparatus.Apparent striker bus. First Sponsor: Rep. Seel ARSTitles Affected: 9

H 2171 TPT; INDIAN TRIBE; MOTORVEHICLESThe list of items exempt from retail transaction privi-lege taxes is expanded to include the sale of a motorvehicle to multiple purchasers who are enrolled mem-bers of an Indian tribe who resides on the Indian reser-vation established for the tribe of any of the pur-chasers. Also blends multiple enactments. FirstSponsor: Rep. Hale Other Sponsors: Rep.Hernandez, Rep. Gallego, Rep. Gonzales, Rep.Otondo, Rep. Saldate, Rep. Steele, Rep. Wheeler,ARS Titles Affected: 42

H 2172 BD OF PSYCHOLOGISTEXAMINERS; PSYCHOLOGISTSThe Board of Psychologist Examiners is required toadopt rules regarding the use of “telepractice”(defined) on or before June 30, 2016. Beginning July1, 2016, up to 50 percent of the in-person supervisionrequired for Board licensure may be completed usingtelepractice supervision, increased from the 20 percentthat previously could be completed using electronicmeans. Beginning January 1, 2015, the Board isauthorized to issue a temporary license to an applicantwho is working under supervision for postdoctoralexperience and who meets other specified statutoryrequirements. A temporary license is effective for 36months and is subject to an initial license fee, but itnot subject to renewal. Effective beginning May 1,2017, a schedule of license renewal is implementedwhere licensees holding an odd-numbered licensemust renew their license in each odd-numbered yearand licensees holding an even-numbered license mustrenew their license in each even-numbered year.Session law requires all licensed psychologists torenew their licenses by April 30, 2017 in order toimplement the new schedule. The Board must proratefees and continuing education requirements for thelicensees. First Sponsor: Rep. Brophy McGee OtherSponsors: Rep. Lovas, ARS Titles Affected: 32

H 2173 PSYCHOLOGY BOARD; BEHAVIORANALYSTSThe statutory requirements for licensure as a behavioranalyst are deleted, and an applicant must insteadmeet standards adopted by the Board of PsychologistExaminers, which must include graduate level educa-tion, supervised experience and passing a nationalexamination. The Board is required to adopt standardsconsistent with those set by a nationally recognizedbehavior analyst certification board, with some excep-tions. Repeals statute governing examinations forbehavior analysts. Effective beginning May 1, 2017, aschedule of license renewal is implemented wherelicensees holding an odd-numbered license mustrenew their license in each odd-numbered year andlicensees holding an even-numbered license mustrenew their license in each even-numbered year.Session law requires all licensed behavior analysts torenew their licenses by April 30, 2017 in order toimplement the new schedule. The Board must proratefees and continuing education requirements for thelicensees. First Sponsor: Rep. Brophy McGee OtherSponsors: Rep. Lovas, ARS Titles Affected: 32

H 2174 INCOME TAX; HEALTH CAREDEDUCTIONFor tax year 2014, the list of subtractions fromArizona gross income for income tax purposes isexpanded to include the amount paid as a federal taxpenalty for failing to timely purchase health careinsurance as required by the federal Patient Protectionand Affordable Care Act. First Sponsor: Rep.Kwasman Other Sponsors: Rep. Allen, Rep. Barton,

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Rep. Borrelli, Rep. Boyer, Rep. Fann, Rep. E.Farnsworth, Rep. Forese, Rep. Gowan, Rep.Kavanagh, Rep. Livingston, Rep. Lovas, Rep.Mesnard, Rep. Montenegro, Rep. Olson, Rep. Orr,Rep. J. Pierce, Rep. Seel, Rep. Smith, Rep. Thorpe,Rep. Townsend, ARS Titles Affected: 43

H 2175 PROPERTY TAX DELINQUENCIES;INTEREST RATEThe interest rate on delinquent property taxes isreduced to 10 percent per year simple, from 16 per-cent per year simple, until paid. First Sponsor: Rep.Kwasman Other Sponsors: Rep. Allen, Rep. Barton,Rep. Boyer, Rep. E. Farnsworth, Rep. Gray, Rep.Kavanagh, Rep. Livingston, Rep. Montenegro, Rep.Olson, Rep. Orr, Rep. J. Pierce, Rep. Seel, ARSTitles Affected: 42

H 2176 JTEDS; 9TH GRADERS;CERTIFICATION; FUNDINGStudents in 9th grade who are enrolled in a career andtechnical education program that leads to certificationin and acceptance by a specific vocation or industrymay be included in a joint district’s student count andaverage daily membership, and may be funded inwhole or in part with monies provided by a JointTechnical Education District. First Sponsor: Rep. OrrOther Sponsors: Rep. Borrelli, Rep. Brophy McGee,Rep. Cardenas, Rep. Mach, Rep. Saldate, Rep. Steele,ARS Titles Affected: 15

H 2177 APPROPRIATION;VETERANS’SERVICES; SUPPORTIVECAMPUSESAppropriates $500,000 from the general fund inFY2014-15 to the Department of Veterans’ Services toestablish supportive campuses for veterans and to pro-vide resources for veterans’ benefits counselors. FirstSponsor: Rep. Orr ARS Titles Affected: 99

H 2178 LOTTERY; FUNDING; LTAF;RESTORATIONEstablishes the Local Transportation Assistance Fund(LTAF) and requires the Legislature to appropriate anamount necessary to provide that the total moniesavailable in LTAF for each fiscal year (FY) equal$20.5 million. The State Treasurer is required to paymunicipalities a maximum of $23 million each FYfrom the available monies in LTAF in proportion tothe population of each municipality, except that eachmunicipality is entitled to receive at least $10,000.The State Treasurer is also required to distribute up to$18 million each FY to counties. Establishes theCounty Assistance Fund and specifies distributionsfrom the Fund. Establishes the State Parks BoardHeritage Fund, and requires the Heritage Fund to beadministered by the State Parks Board for specifiedpurposes. State Lottery Fund (SLF) monies must beused to reimburse the general fund for payment toLTAF of $18 million each FY. Of the moniesremaining in the SLF, up to a maximum of $23 mil-lion each FY must be deposited in the general fund tobe used to offset reimbursements to LTAF and up to amaximum of $7.65 million each FY must be depositedin the general fund to be used to offset reimburse-ments to the County Assistance Fund. Of the moniesremaining in SLF, $10 million must be deposited inthe Heritage Fund. Monies equivalent to the amountof SLF monies specified must be transferred from thegeneral fund to the other funds specified at the begin-ning of each FY. More. First Sponsor: Rep. OrrOther Sponsors: Rep. Borrelli, Rep. Fann, Rep. Pratt,Rep. Shope, ARS Titles Affected: 5 9 15 28 36 41 48

H 2179 TRAMPOLINE COURTS; SAFETYStatutes regulating amusement ride safety areexpanded to include “trampoline courts” (defined as acommercial facility with a defined area composed ofone or more trampolines or trampoline foam pits),including requirements for permits, public inspection,insurance and records. Municipalities and counties areauthorized to regulate and enforce these requirementsin the same manner as amusement rides. FirstSponsor: Rep. Coleman Other Sponsors: Rep.Borrelli, Rep. Boyer, Rep. Brophy McGee, Rep.Campbell, Rep. Cardenas, Rep. Carter, Rep. Fann,Rep. Gallego, Sen. Melvin, Rep. Meyer, Rep.Miranda, Rep. Orr, Rep. Pratt, Sen. Reagan, Sen.Shooter, Rep. Shope, Rep. Steele, Rep. Ugenti, Sen.Worsley, ARS Titles Affected: 44

H 2180 APPROP; INFO TECH; EDUCATIONCERTIFICATIONAppropriates $5 million from the general fund eachFY to the Department of Education to establish aStatewide Information Technology Education andCertification Program in school districts and charterschools providing instruction in grades K-12. The

Dept is required to contract with at least one vendorfor the Program. Beginning October 15, 2015, and byOctober 15 of each year thereafter, the Dept isrequired to report specified information on theProgram to the Governor and the Legislature. TheProgram terminates on July 1, 2024. First Sponsor:Rep. Coleman Other Sponsors: Rep. Brophy McGee,Rep. Forese, Rep. Mesnard, Rep. Shope, ARS TitlesAffected: 15

H 2181 REAL ESTATE ADVISORY BD;MEMBERSHIPModifies the membership of the Real Estate AdvisoryBoard by adding one member who has been engagedin “multifamily residential real estate brokerage”(defined) for the 5 years immediately precedingappointment and removing one public member.Current Board members may continue to serve untilthe expiration of their normal terms. First Sponsor:Rep. Carter Other Sponsors: Rep. Brophy McGee,Rep. Dial, Rep. Fann, Sen. Griffin, Sen. McComish,Sen. Melvin, Rep. Mesnard, Sen. Meza, Rep.Petersen, Sen. Reagan, Sen. Worsley, ARS TitlesAffected: 32

H 2182 ELECTRIC UTILITIES; RENEWABLEENERGY STANDARDSThe Legislature has exclusive authority to determinerenewable energy policy for the state. Establishesrenewable energy standards for public and privatepower entities in Arizona. Public power entitiesserving an annual retail load of at least 750,000 energyhours as of January 1, 2015 are required to derive atleast 15 percent of electricity used by their retail cus-tomers from renewable energy sources by 2030. Apublic power entity that reaches that energy hourthreshold after January 1, 2015 must derive at least 15percent of electricity used by their retail customersfrom renewable energy sources within 15 years afterreaching the threshold. Public power entities areexempt from these requirements to the extent that itcannot be achieved consistent with the entity’s statu-tory requirement to provide services at just and rea-sonable costs to customers. First Sponsor: Rep. SeelARS Titles Affected: 30

H 2183 SCHOOLS; EXCESSCARRYFORWARD MONIES; REDUCTIONIf a school district’s budget balance carryforwardexceeds three percent of the school district’s revenuecontrol limit for each of three consecutive fiscal years,any state aid allocations apportioned to that schooldistrict in the next fiscal year will be reduced by thesum of the carryforward balance for those three fiscalyears. First Sponsor: Rep. Seel ARS Titles Affected:15

H 2184 SCHOOLS; ENDING BALANCES;TAX REDUCTIONFor FY2014-15 through FY2018-19, the amount sub-tracted in the equalization assistance for education for-mula is modified by adding specified percentages ofthe prior fiscal year ending balances in a school dis-trict’s maintenance and operation fund, capital outlayfund and soft capital allocation fund. For FY2014-15through FY2018-19, additional state aid for educationis provided using a formula based on all statewideclass 1 property tax levies for all taxing jurisdictionsthat are levied against class 1 properties in the schooldistrict. The monies allocated based on this formulaare remitted to the county treasurer for use in reducingproperty taxes for property classes 2 through 9 for alltaxing jurisdictions within the school district on a prorata basis. Session law establishes the assessment ratioof class 1 property as follows: 17.6 percent for taxyear 2014-15, 15.7 percent for tax year 2015-16, 13.8percent for tax year 2016-17, 11.9 percent for tax year2017-18, and 10 percent for tax year 2018-19. FirstSponsor: Rep. Seel ARS Titles Affected: 15

H 2185 PROHIBITED GOVERNMENTALCOMPLIANCE; 2012 NDAAThe state and state agencies are prohibited from pro-viding material support or participating in any waywith the implementation of sections 1021 and 1022 ofthe National Defense Authorization Act of 2012 (sec-tions dealing with detainment without charge or trialand requirements for military tribunals) against anycitizen of the U.S. The Director of the Department ofPublic Safety or a county sheriff is required to reportto the Governor and the Legislature any attempt byagencies or agents of the federal government to securethe implementation of these sections. Contains legisla-tive findings. First Sponsor: Rep. Seel OtherSponsors: Rep. Smith, ARS Titles Affected: 41

H 2186 COMMUNITY COLLEGES;UNIVERSITIES; CONCEALED WEAPONSFaculty members with concealed weapons permitsmay possess a concealed firearm on the grounds of acommunity college or university. First Sponsor: Rep.Seel ARS Titles Affected: 15

H 2187 CLASSROOM SITE FUND;SUPPLANTING; RESTORATIONIf the Auditor General determines that a school districtor charter school has improperly supplanted monies inthe classroom site fund, the Auditor General isrequired to instruct the school district or charter schoolto restore the supplanted monies for statutory pur-poses. First Sponsor: Rep. Seel ARS TitlesAffected: 15

H 2188 APPROP; BORDER SECURITY;COMMUNICATION EQUIPMENTAppropriates $20 million from the general fund inFY2014-15 to the Department of Homeland Securityfor the purchase and distribution of communicationequipment to enhance border security. The Dept mayaward grants to any county located adjacent to theArizona-Mexico border and any political subdivisionlocated in those counties. Counties and political subdi-visions receiving grant monies are required to reportto the Legislature on expenditures and their effective-ness. First Sponsor: Rep. Seel ARS Titles Affected:99

H 2189 STATE MILITIA; AGEThe age limit of 45 years for persons in the militia ofthe state of Arizona is deleted and replaced with arequirement that persons be capable of bearing arms.Conditionally enacted on the state Constitution beingamended by a vote of the people at the 2014 generalelection to modify the eligibility requirements of thestate militia. First Sponsor: Rep. Seel ARS TitlesAffected: 26

H 2190 CITIZENS’ MARKSMANSHIPTRAINING PROGRAM; FUNDThe Arizona Citizens’ Marksmanship Program isestablished in the Department of Emergency andMilitary Affairs to provide firearms for marksmanshiptraining to citizens who are eligible for service in theArizona State Guard. The Program terminates July 1,2024. First Sponsor: Rep. Seel ARS Titles Affected:26

H 2191 STATE GUARD; FIREARM;EQUIPMENTA person who is eligible for service in the ArizonaState Guard may lawfully privately purchase, use andtransport any “particularly suited firearm or equip-ment” (defined). First Sponsor: Rep. Seel ARSTitles Affected: 13 26

H 2192 UNLAWFUL USE; PUBLICRESOURCES; OFFENSEEstablishes the crime of unlawful use of publicresources for a person not lawfully present in Arizonawho “uses any public resource” (defined as driving ona public road, accepting any public benefit, attendinga public school or using the services of any publicentity). A violation is a class 1 (highest) misdemeanor.A second or subsequent violation is a class 6 (lowest)felony. First Sponsor: Rep. Seel ARS TitlesAffected: 13

H 2193 DEVELOPMENT DISABILITIES;FAMILY CAREGIVERS; LIABILITYA person who provides medical care to a familymember with a developmental disability shall hold theDepartment of Economic Security harmless for anymedical condition that results from providing thatcare. First Sponsor: Rep. Seel ARS Titles Affected:36

H 2194 PERMANENT EARLY VOTING LIST;NOTARIZATIONThe signature on early ballot request forms and per-manent early voter request forms must be notarized.For voters already on the permanent early voting list,a notarized renewal must be submitted to the countyrecorder within four years after the effective date.Notaries cannot charge a fee to notarize a permanentearly voter request form. First Sponsor: Rep. SeelARS Titles Affected: 16 41

H 2195 CANDIDATES; NOMINATION PAPER;AFFIDAVIT; CHALLENGESThe affidavit of qualification that candidates forpublic office are required to file must include that thecandidate is a qualified resident of the appropriatejurisdiction at the time of filing. The affidavit is filedunder penalty of perjury. For candidates for Presidentand Vice-President from political parties entitled tocontinued representation on the ballot, the national

political party committee for those candidates isrequired to submit the affidavit signed by the candi-dates under penalty of perjury. Any qualified elector ispermitted to challenge the nomination paper and affi-davit of a candidate. First Sponsor: Rep. Seel ARSTitles Affected: 16

H 2196 ELECTION LAW AMENDMENTS;REPEALRepeals Laws 2013, Chapter 209, which madenumerous changes relating to election law, includingmodifying requirements for initiative, referendum andrecall petitions, petition circulators, and signaturesheets; modifying the number of signatures requiredto qualify for the ballot for various elected offices;requiring voters on the permanent early voting list(PEVL) who did not vote an early ballot in both theprimary and general election for the two most recentgeneral elections for federal office to confirm with thecounty in order to remain on the PEVL; and allowingvoters to designate any person to return an earlyballot. First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 16

H 2197 ACC; SECURITIES ENFORCEMENT;SPOUSAL JOINDERStatute allowing the Corporation Commission to jointhe spouse in any action authorized by statute to deter-mine the liability of the marital community does notauthorize the Commission to join any individual whois divorced from the defendant at the time the action isfiled. If a joinder is inapplicable because of divorce,the Commission is authorized to apply to the court foran order restoring to any person in interest that formerspouse’s portion of any monies or property that mayhave been acquired or transferred by the defendant inviolation of statute. The order must be supported byclear and convincing evidence. First Sponsor: Rep.E. Farnsworth Other Sponsors: Rep. Petersen, ARSTitles Affected: 44

H 2198 CERTIFICATES OF CONVENIENCE &NECESSITYAny entity or public service corporation proposing toprovide electrical service without using infrastructureowned by a distinct public service corporation ormunicipality is authorized to construct an electricalline, plant, service or system without a certificate ofpublic convenience and necessity from theCorporation Commission or any other public agencyif the entity or public service corporation is “fit,willing and able” (defined) to furnish the electricalservice. The Commission is authorized to issue rulesestablishing clear and objective standards for deter-mining whether an entity is fit, willing and able to fur-nish the electrical service. First Sponsor: Rep. E.Farnsworth ARS Titles Affected: 40

H 2199 VEHICLE EQUIPMENT; LIGHTINGA tail lamp is added to the list of vehicle lamps thatmust be maintained at all times in good working con-dition, in addition to a stop lamp or other signallamps. First Sponsor: Rep. E. Farnsworth ARSTitles Affected: 28

H 2200 COMPETENCY RESTORATIONCOSTS; STATE RESPONSIBILITYRepeals the requirement contained in the FY2013-14state budget for municipalities and counties to reim-burse the Department of Health Services for 100 per-cent of the costs of a defendants inpatient competencyrestoration treatment for FY2013-14. Requires theDept to refund all monies paid by a municipality orcounty for a defendants inpatient competency restora-tion treatment. Retroactive to September 12, 2013.Emergency clause. First Sponsor: Rep. GabaldonOther Sponsors: Sen. Ableser, Rep. Campbell, Rep.Cardenas, Rep. Contreras, Rep. Dalessandro, Rep.Hernandez, Rep. Escamilla, Rep. Gallego, Rep.Gonzales, Rep. Miranda, Rep. Peshlakai, Rep.Quezada, Rep. Saldate, Rep. Steele, ARS TitlesAffected: 36

H 2201 WQARF FUNDING; STATETREASURER; TRANSFERSRepeals the cap on the appropriation from the generalfund to the Water Quality Assurance Revolving Fundfor FY2013-14 of $7 million that was contained in theFY2013-14 budget. The State Treasurer is required tomake the transfers to WQARF required by statute toassure an annual funding amount of $18 million forFY2013-14. First Sponsor: Rep. Gabaldon OtherSponsors: Sen. Ableser, Rep. Campbell, Rep.Cardenas, Rep. Contreras, Rep. Hernandez, Rep.Escamilla, Rep. Gallego, Rep. Gonzales, Rep.Miranda, Rep. Peshlakai, Rep. Saldate, Rep. Shope,Rep. Steele, Rep. Wheeler, ARS Titles Affected: 41

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Section B • 6 ARIZONA CAPITOL TIMES • AzCapitolTimes.com January 24, 2014

Page 7: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

H 2202 DHS; STATE FOOD STANDARDSThe Department of Health Services is required toestablish a Food Standards Task Force to develop statefood standards. The Dept is required to finalize statefood standards for foods served and sold by stateagencies and institutions and on state property within12 months after the effective date of this legislation.Requirements for the standards are specified. FirstSponsor: Rep. Gabaldon Other Sponsors: Rep.Campbell, Rep. Contreras, Rep. Dalessandro, Rep.Hernandez, Rep. Escamilla, Rep. Gonzales, Rep.Mach, Rep. Miranda, Rep. Peshlakai, Rep. Saldate,Rep. Steele, ARS Titles Affected: 36

H 2203 ASRS; PSPRS; BOARDMEMBERSHIPIncreases the number of members and modifies themembership of the Arizona State Retirement SystemBoard and the Public Safety Personnel RetirementSystem Board of Trustees. Session law provides thatall current board members may continue to serve untilthe expiration of their normal terms. First Sponsor:Rep. Lovas Other Sponsors: Rep. Allen, Rep. Gray,Rep. Livingston, Rep. Montenegro, ARS TitlesAffected: 38

H 2204 MILITARY APPLICANTS;COMMERCIAL DRIVER LICENSESThe Department of Transportation may waive thecommercial driver license test requirement for anapplicant who has separated from the U.S. armedforces under honorable conditions in the last 12months, increased from 90 days. First Sponsor: Rep.Borrelli Other Sponsors: Rep. Fann, ARS TitlesAffected: 28

H 2205 VETERINARY FACULTY MEMBERLICENSESState Veterinary Medical Examining Board is requiredto issue “veterinary faculty member” (defined)licenses for licensees to practice veterinary medicineonly under official academic responsibilities.Licensure requirements are specified. Board rulesmust include a provision that licensed “veterinary fac-ulty members” (defined) are not subject to continuingeducation requirements. Also modifies the conditionsunder which a temporary veterinary permit may beissued. First Sponsor: Rep. Lovas Other Sponsors:Rep. Gowan, Rep. Livingston, Rep. Mach, Sen.McComish, Sen. Meza, Rep. Miranda, Rep.Montenegro, Rep. Shope, Rep. Thorpe, Sen. Tovar,ARS Titles Affected: 32

H 2206 WATER & ENERGY IMPROVEMENTDISTRICTSAdds a new article to Title 48 (Special TaxingDistricts) establishing and regulating water and energyimprovement districts. The governing body of a localgovernment is authorized to adopt a resolution estab-lishing a district after following specified steps. Oncea district is formed, the local government is authorizedto hire a program administrator and staff, contract forprofessional services, impose fees and assessments tooffset the costs of administering a program, and issuebonds or notes to finance qualified projects. Containsa legislative intent section. First Sponsor: Rep. OrrOther Sponsors: Rep. Sherwood, ARS TitlesAffected: 48

H 2207 UNLAWFUL DISCHARGE OFFIREARMS; INTOXICATIONIt is a class 6 (lowest) felony for a person to dischargea firearm with criminal negligence while s/he has analcohol concentration of 0.08 or more. A law enforce-ment officer who has a reasonable suspicion to believethat a person has committed a violation must requirethe person to submit to a blood, breath or urin test todetermine blood alcohol concentration. A person whois convicted of a violation is prohibited from filing forthe restoration of the right to possess or carry afirearm for five years from the date of the person’sdischarge from probation or absolute discharge fromimprisonment. First Sponsor: Rep. Orr OtherSponsors: Rep. Wheeler, ARS Titles Affected: 13

H 2208 NAVAJO VETERANS’ HOUSINGPROJECT; APPROPAppropriates $929,500 from the general fund inFY2014-15 to the Department of Economic Securityfor distribution to the Navajo nation for the comple-tion and operation of the veterans’ housing project.First Sponsor: Rep. Borrelli Other Sponsors: Rep.Boyer, Rep. Coleman, Sen. Gallardo, Rep. Gonzales,Rep. Hale, Rep. Mesnard, Rep. Orr, Rep. Peshlakai,Rep. Steele, Rep. Thorpe, Sen. Ward, Sen. Begay,ARS Titles Affected: 41

H 2209 JUSTIFICATION; SELF DEFENSE;SENTENCINGThe circumstances under which a person is justified inthreatening or using physical force or deadly physicalforce against another are expanded to include when itis “immediately necessary” (in addition to when theperson reasonably believes it is immediately neces-sary) to protect himself, a third person or property. Aperson’s reasonable belief that force is immediatelynecessary does not need to be the sole motivation forthe person’s threat or use of physical force or deadlyphysical force. A person who is lawfully in a place hasno duty to retreat before threatening or using physicalforce or deadly physical force. The possibility ofretreat cannot be considered in determining whetherthe use of force, or its extent, was necessary orwhether the person who used force had a reasonablebelief that the use was necessary. A person who pres-ents evidence of justification and who is found guiltyafter a trial is authorized to file a motion for imperfectself-defense before sentence is imposed. If the courtgrants the motion, the sentencing must be mitigated asspecified. First Sponsor: Rep. Borrelli OtherSponsors: Rep. Boyer, Rep. Fann, Rep. Kwasman,Rep. Livingston, Rep. Mesnard, Rep. Mitchell, Sen.Murphy, Rep. Seel, Sen. Shooter, Rep. Thorpe, Rep.Townsend, Sen. Ward, ARS Titles Affected: 13

H 2210 DEPT OF FINANCIAL INSTITUTIONS;EXAMINATIONSDepartment of Financial Institution examination offinancial institutions and enterprises is required toverify that all products and services offered by theinstitution or enterprise conform to federal and statelaw. First Sponsor: Rep. McCune Davis OtherSponsors: Rep. Gabaldon, ARS Titles Affected: 6

H 2211 THIRD PARTIES; AUTO TITLELENDERSAn authorized third party and a person who conductssecondary motor vehicle finance transactions are pro-hibited from conducting business within the sameoffice space. First Sponsor: Rep. McCune DavisOther Sponsors: Rep. Gabaldon, ARS TitlesAffected: 28 44

H 2212 ASRS; EMPLOYER TERMINATIONINCENTIVE PROGRAMFor the purpose of statute requiring an ASRSemployer to pay the amount of unfunded liability toASRS resulting from a termination incentive programoffered by that employer, the definition of “termina-tion incentive program” means a total increase incompensation of 15 percent or more, decreased from30 percent or more, given to a member in any year oryears before termination that are ultimately used tocalculate the member’s retirement benefits. FirstSponsor: Rep. McCune Davis ARS Titles Affected:38

H 2213 SCHOOLS; CLASS SIZEREDUCTION GRANTSThe State Board of Education is required to establish aclass size reduction and teacher retention program toreduce class sizes to between 15 and 22 students perclassroom in grades K-3 in participating school dis-tricts. The Board is required to adopt rules for applica-tion and eligibility requirements. Beginning inFY2016-17, $1 million is appropriated from the gen-eral fund each FY to the Department of Education todistribute in the form of grants to school districtsselected to participate in the program. The Board isrequired to submit an annual report on the program tothe Governor and the Legislature by September 1, andinformation that must be included in the report isspecified. The program terminates on January 1, 2022.First Sponsor: Rep. Sherwood Other Sponsors:Rep. Alston, Rep. Cardenas, Rep. Mendez, Rep.Quezada, ARS Titles Affected: 15

H 2214 UNIFORM TRANSFERS TO MINORS;AGEFor the purpose of the uniform transfers to minors act,“adult” is defined as a person who is at least 18 yearsof age, decreased from 21 years of age, and “minor” isa person who is under 18 years of age. First Sponsor:Rep. Sherwood Other Sponsors: Rep. Alston, Rep.Mendez, Rep. Quezada, ARS Titles Affected: 14

H 2215 RACKETEERING; ANIMALFIGHTING; COCKFIGHTINGFor the purpose of the criminal code, the definition of“racketeering” is expanded to include animal fightingor cockfighting. First Sponsor: Rep. SherwoodOther Sponsors: Rep. Alston, Rep. Cardenas, Rep.Mendez, ARS Titles Affected: 13

H 2216 DRIVING; WIRELESSCOMMUNICATION DEVICES; REGULATIONIt is a nonmoving civil traffic violation to use a wire-less communication device without a hands-freedevice while operating a motor vehicle. Some excep-tions. Violations are subject to a civil penalty of $50,or $200 if the person is involved in a motor vehicleaccident. Establishes a warning period of January 1,2015 through January 31, 2015, which allows lawenforcement officers to stop motor vehicles and issueverbal warnings to a person who would be in violationif this legislation was effective. Becomes effectiveFebruary 1, 2015. First Sponsor: Rep. SherwoodOther Sponsors: Rep. Mendez, ARS TitlesAffected: 28

H 2217 ANIMAL ABUSER REGISTRATION;REGISTRYAn adult who has been convicted of cruelty to animalsor other related offenses must register with the countysheriff within 10 days after the conviction or afterentering and remaining in that county. TheDepartment of Public Safety is required to maintain acentral animal abuser registry with the names and reg-istration information of every person required to reg-ister. First Sponsor: Rep. Sherwood OtherSponsors: Rep. Alston, Rep. Cardenas, Rep. Mendez,Rep. Quezada, ARS Titles Affected: 13

H 2218 FIRE DISTRICT REORGANIZATIONELECTIONSVarious changes to statues governing elections to reor-ganize a fire district, including requiring any personseeking election to the governing body that would beformed or expanded upon reorganization to complywith the nomination requirements for a candidate pre-scribed in state statute, including filing a nominationpaper and nomination petitions. First Sponsor: Rep.Fann ARS Titles Affected: 48

H 2219 TAX CREDIT; RESEARCH ACTIVITY;REFUNDSThe maximum amount of income tax refunds forincreased research activities that the ArizonaCommerce Authority is authorized to approve eachyear is increased to $10 million in 2015 and $15 mil-lion in 2016 and after, increased from $5 million.During the first six months of a calendar year, theAuthority cannot approve refunds exceeding 50 per-cent of the limit. During the second six months, theAuthority may approve the remaining balance of thelimit. Effective January 1, 2015. First Sponsor: Rep.Fann ARS Titles Affected: 41

H 2220 IMPROVEMENT DISTRICTS;MUNICIPAL SERVICESStatute allowing an improvement district to provideenhanced municipal services to continue to exist in anarea that is no longer in a “designated area” (definedelsewhere in statute) under specified circumstancesapplies only to districts formed before the effectivedate of this legislation. First Sponsor: Rep. FannARS Titles Affected: 48

H 2221 WORKERS’ COMP; CONTROLLEDSUBSTANCESModifies requirements for the use of a controlled sub-stance for injuries covered by workers’ compensation,including requiring the medication to demonstrate“clinically meaningful improvement in function”(defined). Preauthorization is required for a prescrip-tion order for opoid medication at certain dosages.Requires physicians to report various results and stepsof prescription use and monitoring to the carrier, self-insured employer or Industrial Commission. Specifiesprocedures for noncompliance by a physician. FirstSponsor: Rep. Fann ARS Titles Affected: 23

H 2222 COTTON RESEARCH COUNCIL;CONTINUATIONThe statutory life of the Cotton Research andProtection Council is extended 10 years to July 1,2024. Retroactive to July 1, 2014. First Sponsor:Rep. Fann Other Sponsors: Rep. Borrelli, Rep.Cardenas, Rep. Coleman, Rep. Hale, Rep. Otondo,Rep. Peshlakai, Rep. Pratt, Rep. Saldate, Rep. Shope,Rep. Thorpe, Rep. Townsend, Rep. Ugenti, ARSTitles Affected: 41

H 2223 WATER INFRASTRUCTUREFINANCE AUTHORITY; CONTINUATIONThe statutory life of the Water Infrastructure FinanceAuthority is extended 8 years to July 1, 2022.Retroactive to July 1, 2014. First Sponsor: Rep. FannOther Sponsors: Rep. Allen, Rep. Borrelli, Rep.Boyer, Rep. Cardenas, Rep. Coleman, Rep. Gowan,Rep. Hale, Rep. Livingston, Rep. Mesnard, Rep.Otondo, Rep. Peshlakai, Rep. Pratt, Rep. Saldate, Rep.

Shope, Rep. Steele, Rep. Thorpe, Rep. Ugenti, ARSTitles Affected: 41

H 2224 SALE OF FIREWORKS; COUNTIESCounties are authorized to regulate the sale and use ofpermissible consumer fireworks in unincorporatedareas of the county when a federal or state agencyimplements state one fire restrictions in any portion ofthe county. Previously, counties were permitted to reg-ulate the use of fireworks during times when therewas a reasonable risk of wildfires in the county. FirstSponsor: Rep. Fann Other Sponsors: Rep. Borrelli,Rep. Boyer, Rep. Cardenas, Rep. Coleman, Rep.Mesnard, Rep. Otondo, Rep. Peshlakai, Rep. Pratt,Rep. Saldate, Rep. Shope, Rep. Steele, Sen. Ward,ARS Titles Affected: 36

H 2225 COUNTY MEDICAL EXAMINER;AUTOPSIES; IMAGESPhotographs, images, x-rays and recordings of humanremains that are created by a medical examiner ortheir employees or agents during a death investigationcannot be disclosed unless a superior court judgegrants disclosure of all or part of the materials afterreview in camera. A person seeking disclosure mayfile a petition in superior court for an in camerareview. Specified persons are authorized to examineand obtain the materials without a court order,including law enforcement agencies with jurisdictionand immediate family of the decedent. First Sponsor:Rep. Fann Other Sponsors: Rep. Allen, Rep. Borrelli,Rep. Boyer, Rep. Brophy McGee, Rep. Cardenas,Rep. Coleman, Rep. Gowan, Rep. Kwasman, Rep.Lesko, Rep. Livingston, Rep. Mesnard, Rep. Olson,Rep. Peshlakai, Rep. Petersen, Rep. Pratt, Rep.Saldate, Rep. Shope, Rep. Steele, Rep. Thorpe, Rep.Ugenti, Sen. Ward, ARS Titles Affected: 11

H 2226 VEHICLE EMISSIONS INSPECTIONPROGRAMModifies the specific emissions tests different classesof vehicles are required to pass in Area B. Vehiclesmanufactured after the 1974 model year are subject toa tampering inspection as prescribed by rules adoptedby the Department of Environmental Quality, insteadof on at least a biennial basis and according to otherstatutory specifications. Dept rules may provide fortesting exemption for cranes and oversize vehicles thatrequire specified permits, and vehicles that are not inuse and that are owned by Arizona residents while onactive military duty outside of Arizona. Requirementsfor motor vehicle dealers selling a vehicle with lessthan one year remaining before it must undergo anemissions test apply in Area B, in addition to Area A.First Sponsor: Rep. Fann ARS Titles Affected: 49

H 2227 LIQUOR; MICROBREWERYLICENSESLicensed microbreweries are authorized to purchaseand sell wine produced by a farm winery and beerproduced by a microbrewery for consumption on thepremises. Wine and beer sold under this provisionmust be purchased from a licensed wholesaler, unlessotherwise authorized by statute. The maximumamount of beer a microbrewery may produce in a cal-endar year is changed to 200,000 barrels, from1,240,000 gallons. First Sponsor: Rep. Shope OtherSponsors: Rep. Cardenas, Rep. Orr, Rep. Otondo,ARS Titles Affected: 4 42

H 2228 CHILD CARE WAITING LIST;APPROPDeletes the waiting lists for child care assistancethrough the Department of Economic Security.Appropriates $80.5 million from the general fund inFY2014-15 to the Dept for child care assistance coststo eliminate the current waiting list and provide childcare assistance to eligible families with familyincomes up to 165 percent of the federal poverty level.First Sponsor: Rep. Larkin Other Sponsors: Rep.Dalessandro, Rep. Hernandez, Rep. Gallego, Rep.Mendez, Rep. Saldate, Rep. Wheeler, ARS TitlesAffected: 46

H 2229 BLOCK GRANT; EARLY CHILDHOODEDUCATIONAppropriates $20 million from the general fund inFY2014-15 to the State Board of Education as thestate block grant for early childhood education. FirstSponsor: Rep. Mach Other Sponsors: Rep.Campbell, Rep. Gabaldon, Rep. Gallego, Rep. Larkin,Sen. McGuire, Rep. Meyer, Rep. Miranda, Rep.Otondo, Rep. Quezada, Rep. Sherwood, ARS TitlesAffected: 15

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

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Page 8: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

H 2230 CHARTER SCHOOLS; SMALLSCHOOL WEIGHTCharter school pupils are not eligible for small schooldistrict support level weights. First Sponsor: Rep.Mach Other Sponsors: Rep. Campbell, Rep.Dalessandro, Rep. Gabaldon, Rep. Larkin, Sen.McGuire, Rep. Otondo, Rep. Quezada, Rep. Wheeler,ARS Titles Affected: 15

H 2231 CHILDREN’S HEALTH INSURANCEPROGRAM; APPROPEliminates the enrollment cap for the Children’sHealth Insurance Program (KidsCare). Repeals statuteterminating KidsCare if the federal government elimi-nates or significantly reduces federal funding.Appropriates $15,623,200 from the general fund inFY2014-15 and $54,451,600 from the Program Fundin FY2014-15 to AHCCCS for KidsCare. FirstSponsor: Rep. Larkin Other Sponsors: Rep.Dalessandro, Rep. Mendez, ARS Titles Affected: 36

H 2232 CALL CENTER RELOCATION;NOTICE; PENALTYEmployers intending to relocate a call center fromArizona to another state or a foreign country arerequired to notify the Department of EconomicSecurity at least 120 days before the relocation.Violations are subject to a civil penalty of up to$10,000 for each day. The Dept is required to compilea semiannual list of all employers that relocate a callcenter to another state or a foreign country. Theseemployers are not eligible for direct or indirect stategrants or state guaranteed loans for five years, withsome exceptions. Effective November 1, 2014. FirstSponsor: Rep. Larkin Other Sponsors: Rep.Dalessandro, Rep. Hernandez, Rep. Gallego, Rep.Mendez, Rep. Saldate, ARS Titles Affected: 44

H 2233 DHS; STATE FOOD STANDARDSThe Department of Health Services is required toestablish a Food Standards Task Force to develop statefood standards. The Dept is required to finalize statefood standards for foods served and sold by stateagencies and institutions and on state property within12 months after the effective date of this legislation.Requirements for the standards are specified. FirstSponsor: Rep. Larkin Other Sponsors: Rep.Dalessandro, Rep. Hernandez, Rep. Gallego, Rep.Mach, Rep. Mendez, Rep. Saldate, ARS TitlesAffected: 36

H 2234 AHCCCS ELIGIBILITY; HOSPITALASSESSMENT; REPEALRepeals statute expanding eligibility for AHCCCS toinclude a person whose household’s modified adjustedgross income (defined in federal law) is more than100 percent but equal to or less than 133 percent ofthe federal poverty guidelines. Repeals statuterequiring the AHCCCS Director to establish, admin-ister and collect an assessment on hospital revenues,discharges or bed days for the purpose of funding thenonfederal share of the costs that are incurred for per-sons eligible for AHCCCS under the eligibility expan-sion. Repeals various other related changes that werepart of the FY2013-14 budget. Repeals the HospitalAssessment Fund established for monies raised fromthe assessment. Any monies remaining in the Fund onthe effective date of this legislation must be remittedback proportionately to the hospitals from which theassessment was collected. Some sections of this legis-lation are retroactive to September 12, 2013 orSeptember 13, 2013. First Sponsor: Rep. KwasmanOther Sponsors: Rep. Allen, Rep. Barton, Rep.Livingston, Rep. Olson, Rep. Seel, Rep. Smith, Rep.Townsend, Sen. Ward, ARS Titles Affected: 9 36 41

H 2235 LABOR; REST PERIODS; MEALBREAKSEmployers must allow each employee to take a 30-minute meal break during every continuous eighthours of work. Employers must allow employees a10-minute rest break during each four hours of work.Exceptions for employees covered by a union contractor for locations where only one person is employed.The Industrial Commission is charged with adoptingrules for implementation. First Sponsor: Rep. LarkinOther Sponsors: Rep. Dalessandro, Rep. Hernandez,Rep. Gallego, Rep. Mach, Rep. Mendez, Rep.Quezada, Rep. Saldate, Rep. Wheeler, ARS TitlesAffected: 23

H 2236 GOVERNMENTAL MALLCOMMISSION; MEMBERSAdds one member of the Senate minority party andone member of the House of Representatives minoritypart to the Legislative Governmental MallCommission as advisory members. First Sponsor:Rep. Alston ARS Titles Affected: 41

H 2237 CHILD CARE WAITING LIST;APPROPDeletes the waiting lists for child care assistancethrough the Department of Economic Security.Appropriates $80.5 million from the general fund inFY2014-15 to the Dept for child care assistance coststo eliminate the current waiting list and provide childcare assistance to eligible families with familyincomes up to 165 percent of the federal poverty level.First Sponsor: Rep. Alston Other Sponsors: Rep.Dalessandro, Rep. Quezada, Rep. Sherwood, ARSTitles Affected: 46

H 2238 ADE; APPROPRIATION;GEOGRAPHIC LITERACYAppropriates $100,000 from the general fund inFY2014-15 to the Department of Education to issue agrant to a statewide geographic alliance for the pur-pose of strengthening geographic literacy in Arizona.First Sponsor: Rep. Alston Other Sponsors: Rep.Dalessandro, Rep. Quezada, Rep. Sherwood, ARSTitles Affected: 41

H 2239 BOARD OF APPRAISALVarious changes relating to the State Board ofAppraisal. The Board is prohibited from considering acomplaint for administrative action if the complaintrelates to an appraisal that was completed more thanfive years before the complaint was submitted or morethan two years after final disposition of any judicialproceeding in which the appraisal was an issue,whichever period is greater, or if the complaint is filedagainst a Board member or staff person or relates toperformance of Board of Committee duties. Someexceptions. The Board is required to consolidate com-plaints against the same appraiser filed within a six-month period that meet other specified requirements.Statutory caps on Board fees are deleted, and theBoard is authorized to determine fee amounts. Alsoincreases the minimum required surety bond forappraisal management companies to $50,000, from$20,000, and modifies disciplinary proceedings andhearings. First Sponsor: Rep. Brophy McGee ARSTitles Affected: 32

H 2240 DEVELOPMENTAL DISABILITIES;CLIENT INCOME; RETENTIONIncreases the minimum amount of a Department ofDevelopmental Disabilities client’s income or benefitsthat must be retained for the client’s personal use to 30percent, from 12 percent. First Sponsor: Rep. BrophyMcGee ARS Titles Affected: 36

H 2241 APPROPRIATION; CLIENTSERVICES TRUST FUNDAppropriates $120,000 from the general fund inFY2014-15 to the Developmentally Disabled ClientServices Trust Fund to partially replace monies sweptfrom the Fund in FY2007-2008 and FY2008-2009.First Sponsor: Rep. Brophy McGee ARS TitlesAffected: 41

H 2242 COMMERCIAL DOG BREEDERS;PET DEALERSA “commercial dog breeder” (defined as a person whosells twenty or more dogs in a calendar year) is addedto the definition of “pet dealer.” A licensed veteri-narian is required to examine all female dogs ownedby a pet dealer before breeding. First Sponsor: Rep.Kavanagh Other Sponsors: Rep. Coleman, Rep.Forese, Rep. Lovas, Sen. McComish, Sen. Melvin,Sen. Meza, Rep. Pratt, Sen. Reagan, Rep. Sherwood,Rep. Shope, Rep. Ugenti, ARS Titles Affected: 44

H 2243 GRAFFITI IMPLEMENTS;UNLAWFUL ACTS; MINORSIt is a class 1 misdemeanor for a minor to possess a“graffiti implement” (defined) while on public or pri-vate property without the express consent of theowner or responsible agent of the property. Someexceptions. It is a class 1 misdemeanor for a minor tomisrepresent their age with intent to induce anotherperson to sell or furnish a graffiti implement to theminor. It is a class 3 misdemeanor for a minor tosolicit another person to purchase, sell or furnish theminor with a graffiti implement. It is unlawful for anyperson who owns or operates a business where graffitiimplements are sold to store or display them in an areaaccessible to the public without employee assistance.Violations are subject to a civil penalty of at least$500. First Sponsor: Rep. Campbell ARS TitlesAffected: 13 28 41

H 2244 UNIVERSITIES; FIXED TUITIONRATESFor eligible undergraduate students who first enroll ina public university after the 2013-14 academic yearand who notify the university that the student will par-ticipate, the tuition charged to that student during the

four contiguous academic years following initialenrollment cannot exceed the amount charged at thetime of first enrollment. The university may extendthe four-year time period for a particular undergrad-uate program that requires more than four years tocomplete. Students who first enrolled before the 2012-13 school year are eligible for a similar fixed tuitionrate based on the rate of the most recent semester ofattendance. If a student has not completed a degree atthe end of the eighth semester, for the ninth and tenthsemesters the student is subject to a tuition increaseequivalent to the rate paid by students who entered theuniversity one academic year after that student’s initialenrollment. First Sponsor: Rep. Campbell ARSTitles Affected: 15

H 2245 VULNERABLE ADULTS; ASSETMISUSE; DAMAGESThe maximum amount of additional damages thecourt may award in a civil action brought by or onbehalf of a vulnerable adult is increased to three timesthe amount of actual damages, from two times. FirstSponsor: Rep. Campbell ARS Titles Affected: 46

H 2246 ELECTION REFORM STUDYCOMMITTEEEstablishes a 9-member Election Reform StudyCommittee to research and report on various election-related items, and to recommend legislation to addressproblems identified and to meet specified goals. TheCommittee must submit a report to the Speaker of theHouse of Representatives and the President of theSenate by March 1, 2014. Self-repeals October 1,2014. Emergency clause. First Sponsor: Rep.Campbell ARS Titles Affected: 41

H 2247 DISCLOSURES; LOBBYIST; GIFTS;PUBLIC OFFICERSLobbyists are prohibited from making an expenditurefor a gift for a state officer or employee, and state offi-cers and employees are prohibited from accepting agift from a lobbyist. The exemptions for certain typesof entertainment are deleted. Modifies expenditurereporting requirements for lobbyists, and expands thedefinition of “lobbying” to include attempting to influ-ence legislation by communicating with the Governoror his/her staff. For the purpose of financial disclo-sures for public officers and candidates, the definitionof “gift” is modified. Additionally, public officerfinancial disclosure statements must be filed every sixmonths, instead of annually, and the maximumamounts of compensation exempted from disclosureare reduced. Penalties for knowingly filing false orincomplete financial disclosures are increased.Financial disclosure statements must be filed electron-ically, and the Secretary of State is required to providecomputer programs to accommodate electronic filings.First Sponsor: Rep. Campbell ARS Titles Affected:38 41

H 2248 INDEPENDENT EXPENDITURES;CONTRIBUTIONS; CORPS; UNIONSAny corporation, limited liability company or labororganization that receives a campaign contribution isrequired to disclose that contribution on a campaignfinance report. Any person who knowingly fails to filea required report relating to an independent expendi-ture is guilty of a class 1 (highest) misdemeanor. FirstSponsor: Rep. Campbell ARS Titles Affected: 16

H 2249 PRIVATE PRISON SECURITYOFFICERS; CERTIFICATIONSecurity officers employed by a private prison con-tractor must be certified by the AZ Peace officerStandards and Training Board. Private prison contrac-tors security guards have no authority or jurisdictionoutside the grounds of a private prison facility. Aperson who exercises the authority or performs theduties of a peace officer without being AZPOST certi-fied is guilty of a class 1 misdemeanor. FirstSponsor: Rep. Campbell ARS Titles Affected: 41

H 2250 CIVIL ACTIONS; LIMITATIONS;SEXUAL OFFENSESAn action for recovery of damages based on injurysuffered as a result of the direct conduct of anotherwhich would constitute a sexual offense, sexualexploitation of children, or incest may be commencedat any time. First Sponsor: Rep. Campbell ARSTitles Affected: 12

H 2251 STAND YOUR GROUND STUDYCOMMITTEEEstablishes a 15-member Stand Your Ground StudyCommittee to research and report on various itemsrelated to not having a duty to retreat before threat-ening or using deadly force. The Committee mustsubmit a report to the Governor and the Legislature byDecember 31, 2014. Self-repeals October 1, 2015.

First Sponsor: Rep. Quezada Other Sponsors: Rep.Dalessandro, Sen. Gallardo, Rep. Mendez, ARSTitles Affected: 41

H 2252 STATE EMPLOYEES; MEET &CONFERState agencies and departments are recognized as thesole and exclusive authority with respect to deter-mining the manner in which that entity’s activities areconducted and administered. Department employeescannot engage in a sickout, work slowdown or strike.The recognized employee organization and any statedepartment shall meet and confer on a regular basis, atleast once every 2 years, to discuss employment con-ditions. If an agreement is reached, it must be sub-mitted to the governor for consideration, and the finaldecision by the governor is binding. First Sponsor:Rep. Quezada Other Sponsors: Rep. Alston, Rep.Cardenas, Rep. Dalessandro, Rep. Gabaldon, Sen.Gallardo, Rep. Mendez, Sen. Pancrazi, Rep.Sherwood, ARS Titles Affected: 38

H 2253 PUBLIC EMPLOYEES; COLLECTIVEBARGAININGPublic employees may form, join and participate in, orrefrain from forming, joining or participating inunions. A three-member Public Employee LaborRelations Board is formed to certify or decertify unionrepresentation and to hear complaints of prohibitedpractices. Local public employee labor relationsboards are also authorized. State employees are for-bidden from engaging in or encouraging a strike, andpublic employers cannot engage in an employeelockout. The Board terminates on July 1, 2024. FirstSponsor: Rep. Quezada Other Sponsors: Rep.Alston, Rep. Cardenas, Rep. Dalessandro, Rep.Gabaldon, Sen. Gallardo, Rep. Mendez, Sen.Pancrazi, Rep. Sherwood, ARS Titles Affected: 2341

H 2254 LABOR ORGANIZATIONS;NONUNION EMPLOYEES;REPRESENTATIONIf an employee works at an entity where there is aunion but is not a member of the union, the contractmay make the employee liable for the costs of unionrepresentation at any grievance process initiated bythe employee. The amount of liability cannot exceedthe amount that would have been paid in dues to theunion during the period of the most recent contract.First Sponsor: Rep. Quezada Other Sponsors: Rep.Alston, Rep. Cardenas, Rep. Dalessandro, Rep.Gabaldon, Sen. Gallardo, Rep. Mendez, Sen.Pancrazi, ARS Titles Affected: 23

H 2255 NONCERTIFICATED SCHOOLEMPLOYEES; DUE PROCESSSchool boards are required to adopt personnel policiesfor noncertificated school district employees with sub-stantially equivalent due process procedures as thosefor certificated teachers. First Sponsor: Rep.Quezada Other Sponsors: Rep. Alston, Rep.Cardenas, Rep. Dalessandro, Rep. Gabaldon, Sen.Gallardo, Rep. Mendez, Rep. Orr, Sen. Pancrazi, Rep.Sherwood, ARS Titles Affected: 15

H 2256 EMPOWERMENT SCHOLARSHIPACCOUNTS; DIST PUPILSSchool boards are authorized to vote to allow a stu-dent who lives in the school district, and is not other-wise eligible, to apply for an empowerment scholar-ship account (ESA). The amount of K-12 equalizationformula funding the school district may retain for aFY for a student who receives an ESA is 1/4 of theamount that would have been generated by that stu-dent’s average daily membership or student count, andthat amount must be deducted from the amount thatwould otherwise be depostied into the student’s ESAfor that FY. First Sponsor: Rep. Petersen OtherSponsors: Rep. Allen, Sen. Barto, Sen. Burges, Sen.Crandell, Rep. Forese, Rep. Gray, Sen. Griffin, Rep.Lesko, Rep. Livingston, Sen. Melvin, Rep. Mitchell,Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep.Thorpe, Rep. Townsend, Sen. Ward, Sen. Worsley,Sen. Yarbrough, Sen. D. Farnsworth, ARS TitlesAffected: 15

H 2257 EDUCATION; ACADEMIC SKILLS;PREREQSThe State Board of Education, in cooperation withschool districts, charter schools, community collegedistricts and the Arizona Board of Regents (ABOR), isrequired to annually publish a list of academic skillsthat a student should possess in order to be placed in aparticular grade level, and a list of academic skills thatshould be acquired by a student by the end of a partic-ular grade level, including kindergarten. School dis-

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Page 9: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

tricts and charter schools are required to notify parentsof students and provide copies of the academic skillslists to any person on request. ABOR, in cooperationwith community college districts, school districts,charter schools, and the Board, is required to annuallypublish a list of academic skills and prerequisitecourses a student should possess in order to beaccepted for admission to a community college or uni-versity and into a particular postsecondary educationprogram of study. Public universities and communitycolleges are required to notify students and providecopies of the academic skills and prerequisites lists toany person on request. First Sponsor: Rep. SaldateOther Sponsors: Rep. Cardenas, Rep. Dalessandro,Rep. Hernandez, Rep. Gabaldon, Rep. Larkin, Rep.Mendez, Rep. Miranda, Rep. Orr, Rep. Otondo, Rep.Sherwood, ARS Titles Affected: 15

H 2258 FATHER KINO SPECIAL PLATESThe Department of Transportation is authorized toissue Father Kino special license plates if $32,000 instart-up costs is paid by a nonprofit entity meetingspecified requirements. Of the $25 annual fee, $8 is anadministrative fee and $17 is a donation to the newlyestablished Father Kino Special Plate Fund. Monies inthe fund are to be distributed to a nonprofit entitymeeting specified requirements and used for educationefforts relating the life of Father Kino. First Sponsor:Rep. Saldate Other Sponsors: Rep. Cardenas, Rep.Dalessandro, Rep. Hernandez, Rep. Gabaldon, Rep.Gonzales, Rep. Larkin, Rep. Mendez, Rep. Miranda,Rep. Orr, Rep. Otondo, Rep. Sherwood, ARS TitlesAffected: 28

H 2259 STATE CONTRACTS; PREFERENCE;AZ BUSINESSESThe Department of Administration is required to adoptrules to grant preference to businesses headquarteredin this state in awarding procurement contracts formaterials, services or construction. First Sponsor:Rep. Saldate Other Sponsors: Rep. Cardenas, Rep.Dalessandro, Rep. Hernandez, Rep. Gabaldon, Rep.Gonzales, Rep. Larkin, Rep. Mendez, Rep. Miranda,Rep. Orr, Rep. Otondo, Rep. Sherwood, ARS TitlesAffected: 41

H 2260 SMALL BUSINESS BILL OF RIGHTSEach state agency that conducts audits, inspections orother regulatory enforcement actions is required tocreate and post a small business bill of rightsincluding specified information. Each agency is alsorequired to report information regarding complaintsfiled against the agency annually to the ombudsman-citizens aide on or before April 1. The ombudsman-citizens aide must report to the Governors Office ofStrategic Planning and Budgeting on or beforeSeptember 1 on the scope and severity of reportedviolations of the small businesses bill of rights. FirstSponsor: Rep. Forese Other Sponsors: Rep. Borrelli,Sen. Burges, Rep. Dial, Sen. Farley, Rep. Gray, Sen.Griffin, Sen. Hobbs, Rep. Kwasman, Rep. Lesko,Rep. Livingston, Sen. McGuire, Rep. Mesnard, Sen.Meza, Rep. Montenegro, Rep. Petersen, Rep. J.Pierce, Rep. Pratt, Sen. Reagan, Rep. Seel, Rep.Shope, Rep. Thorpe, Rep. Tobin, Rep. Ugenti, Sen.Worsley, Sen. Yarbrough, Sen. D. Farnsworth, ARSTitles Affected: 41

H 2261 REGISTRAR OF CONTRACTORS;HANDYMAN EXEMPTIONSIf a licensed contractor works on a project that doesnot require licensure under the handyman exemptions,the Registrar of Contractors is prohibited from regu-lating the contractor with regard to the project. FirstSponsor: Rep. Forese ARS Titles Affected: 32

H 2262 CORPORATIONS; PURPOSES;DIRECTORS & OFFICERSStatutes regulating standards of conduct for directorsof corporations are repealed and replaced. Establishesfactors that corporate officer must consider in makinga determination about what is in the best interests ofthe corporation. A director’s taking advantage of abusiness opportunity cannot be the subject of equi-table relief or give rise to an award of damages orother sanctions on the ground that the opportunityshould have first been offered to the corporation. Aperson cannot bring an action or assert a claim againsta corporation or its directors or officers with respect tothe failure of the corporation to pursue a nonmonetarypurpose or to consider the effect of an act or decisionon a nonmonetary purpose. Effective January 1, 2015.First Sponsor: Rep. Forese ARS Titles Affected: 10

H 2263 CERTIFIED PUBLIC ACCOUNTANTSVarious changes relating to the regulation of certifiedpublic accountants, including requiring the Board ofAccountancy to establish and collect a late fee of up to

$100 and modifying requirements for reinstatement ofcancelled, expired or retired certifications. FirstSponsor: Rep. Forese ARS Titles Affected: 32

H 2264 ARIZONA JOB FINANCE BONDSCorporations organized as an industrial developmentauthority are authorized to issue revenue bonds tofinance any project costs or to refund any outstandingbonds. The bonds must be authorized by resolution ofthe corporation and may be sold by public or privatesale at a price determined by the corporation in its solediscretion. The bonds do not give rise to a generalobligation or liability of the corporation, the state or apolitical subdivision, or give rise to a charge againstthe general credit or taxing powers of the corporation,state or political subdivision. Severability clause. FirstSponsor: Rep. Forese ARS Titles Affected: 35

H 2265 COMPUTER SCIENCE COURSES;MATH CREDITSchool boards are authorized to approve a rigorouscomputer science course that would fulfill one of themathematics courses required for graduation fromhigh school. First Sponsor: Rep. Forese OtherSponsors: Rep. Gallego, ARS Titles Affected: 15

H 2266 BOARD OF COSMETOLOGY;CONTINUATIONThe statutory life of the Board of Cosmetology isextended 10 years to July 1, 2024. Retroactive to July1, 2014. First Sponsor: Rep. Forese OtherSponsors: Rep. Borrelli, Rep. Gallego, Rep. Gowan,Rep. Gray, Rep. Livingston, Rep. Montenegro, Rep.Pratt, Rep. Thorpe, ARS Titles Affected: 41

H 2267 BURIAL; INSTRUCTIONSPrior to death, a decedent may direct in writing thedisposition of his/her remains and specify funeralgoods and services to be provided. These instructionsmay not be changed in any material way, except ifrequired by law, and must be carried out if the instruc-tions are clear and complete and arrangements forpayment have been made. First Sponsor: Rep. ForeseARS Titles Affected: 36

H 2268 SCRAP METAL DEALERSStatute regulating certain types of scrap metal transac-tions does not apply to transactions involving mate-rials consisting of a metal product in its original man-ufactured form that is composed of no more than 20percent by weight of nonferrous metal. Also, for trans-actions with industrial accounts, a scrap metal dealeris permitted to give a seller on site a check madepayable to an industrial account. First Sponsor: Rep.Forese Other Sponsors: Rep. Allen, Rep. Borrelli,Rep. Gallego, Rep. Gowan, Rep. Gray, Rep.Livingston, Rep. Montenegro, Rep. Pratt, Rep.Thorpe, ARS Titles Affected: 44

H 2269 CIVIL LIABILITY; DAMAGES; METALTHEFTIn any civil action, the finder of fact may find thedefendant not liable if the defendant proves that s/hedid not act intentionally and that the claimant wasattempting to commit or fleeing from a metal theft andas a result of that act was in any way responsible forthe harm caused to the claimant. First Sponsor: Rep.Forese Other Sponsors: Rep. Borrelli, Rep. Gallego,Rep. Gowan, Rep. Gray, Rep. Livingston, Rep.Montenegro, Rep. Pratt, Rep. Thorpe, ARS TitlesAffected: 12

H 2270 SPECIAL DISTRICTS; BUDGETS;COUNTY ASSESSORThe county assessor is added to the list of personswho must receive a copy of the annual budget of spe-cial taxing districts. First Sponsor: Rep. Forese ARSTitles Affected: 48

H 2271 AZ PROFESSIONAL GOLF SPECIALPLATESThe Department of Transportation is authorized toissue special Arizona professional golf license plates ifa person pays $32,000 in start-up costs by December31, 2014. Of the $25 annual fee, $8 is an administra-tive fee and $17 is a donation to the newly establishedArizona Professional Golf Special Plate Fund, to bedistributed to a nonprofit corporation that developsand operates youth golf programs in Arizona. FirstSponsor: Rep. Forese Other Sponsors: Rep.Cardenas, ARS Titles Affected: 28

H 2272 TAX CREDITS; CAPITALINVESTMENTS; EMPLOYMENTThe termination date of tax credits for qualifiedinvestments in small business is extended five years,to June 30, 2021. The maximum amount of tax creditsthat the Arizona Commerce Authority may approve isincreased to $40 million, from $20 million, and themaximum total of all qualified investments in any cal-

endar year by a qualified investor is increased to$500,000, from $250,000. For the purpose of newemployment tax credits, the failure of the same full-time equivalent employee to remain employedthroughout the entire second or third year does notdisqualify the taxpayer from the credit for the positionif a successor employee is employed in the positionand the position is not vacant for more than 90 days.First Sponsor: Rep. Forese ARS Titles Affected: 2041 43

H 2273 RIDE-SHARING NETWORKS;REGISTRATIONEstablishes regulations for “ride-sharing networks”(defined), including registration with the Departmentof Weights and Measures, safety inspections of motorvehicles, proof of liability insurance coverage, andbackground checks for ride-sharing operators. FirstSponsor: Rep. Forese Other Sponsors: Rep. Fann,ARS Titles Affected: 41

H 2274 DEALER TANK WAGON PRICESThe Attorney General is no longer required to collectand compile data showing the average dealer tankwagon prices for Phoenix and Tucson on a weeklybasis. First Sponsor: Rep. Forese ARS TitlesAffected: 41

H 2275 MOBILE HOMES; ABANDONMENT;SALECircumstances under which a mobile home is consid-ered abandoned are specified. A landlord has a lien onan abandoned mobile home until all monies due thelandlord for the rental of the space are paid. Providesremedies for the landlord, including the eventual saleof the mobile home. Proceeds of the sale must be dis-tributed first to pay costs of sale, then to satisfy thelandlord’s lien, then to satisfy any record lienholder’svalid claims, then to the former owner of the mobilehome. First Sponsor: Rep. Forese ARS TitlesAffected: 33

H 2276 PREMIUM TAX REDUCTIONThe insurance premium tax rate is decreased from 2percent to 1.9 percent in 2015, 1.8 percent in 2016,and 1.7 percent in 2017 and after. First Sponsor: Rep.Forese Other Sponsors: Rep. Allen, Rep. Gowan,Rep. Gray, Rep. Livingston, Sen. McComish, Rep.Mesnard, Rep. Montenegro, Rep. J. Pierce, Sen.Shooter, Rep. Smith, Rep. Stevens, Sen. Tovar, Sen.Yarbrough, ARS Titles Affected: 20

H 2277 TECH CORRECTION; ELECTIONDATESMinor change in Title 16 (Elections) related to non-partisan election dates. Apparent striker bus. FirstSponsor: Rep. Orr ARS Titles Affected: 16

H 2278 TECH CORRECTION; HEALTHPROFESSIONALSMinor change in Title 32 (Professions) related torestricted dentistry permits. Apparent striker bus. FirstSponsor: Rep. Orr ARS Titles Affected: 32

H 2279 ABOR; TECHNOLOGY &RESEARCH; REPORTThe deadline for the Arizona Board of Regents tosubmit an annual report on the technology andresearch award program to the Governor and theLegislature is moved to October 1, from September 1.First Sponsor: Rep. Orr ARS Titles Affected: 15

H 2280 TECH CORRECTION;PROSTITUTION; EMPLOYMENTMinor change in Title 13 (Criminal Code) related toemployment in prostitution. Apparent striker bus.First Sponsor: Rep. Orr ARS Titles Affected: 13

H 2281 LEASED RELIGIOUS PROPERTY;CLASS NINEProperty, buildings and fixtures, or any portionthereof, that are leased to a nonprofit religiousassembly or institution and that are primarily used forreligious worship are classified as class 9 property forproperty tax purposes. Property, buildings and fixturesowned by an educational, religious or charitableorganization that are leased to a nonprofit religiousassembly or institution and used primarily for reli-gious worship are exempt from taxation. FirstSponsor: Rep. Lesko Other Sponsors: Rep. Allen,Sen. Barto, Sen. Burges, Sen. Crandell, Rep. Forese,Rep. Gray, Rep. Livingston, Sen. Melvin, Rep.Montenegro, Sen. Murphy, Rep. Smith, Rep. Thorpe,Sen. Ward, Sen. Yarbrough, Sen. Yee, Sen. D.Farnsworth, ARS Titles Affected: 42

H 2282 AG REPRESENTATION; NONPARTYSUBPOENAThe Attorney General is authorized to represent anofficer or employee of the state who is subject to acivil nonparty subpoena. An agency authorized by law

to employ legal counsel may provide representation toits officers or employees in the circumstances underwhich the AG could represent them. First Sponsor:Rep. Lesko ARS Titles Affected: 41

H 2283 PROPERTY TAXES; POSTMARK;FILING BY MAILAny report, claim, tax return, payment or other mate-rial dealing with property taxes, other than petitions ornotices of appeal, that is required to be filed with thestate or any agency or political subdivision and that isdeposited with prepaid postage in an official deposi-tory of the U.S. mail is deemed filed and received bythe addressee on the date of receipt or on the mailingdate. These filings must be considered timely if per-formed by the taxpayer within five business days afterthe due date of the filing. Effective January 1, 2015.First Sponsor: Rep. Lesko ARS Titles Affected: 1

H 2284 ABORTION CLINICS; INSPECTION;MINORS; REPORTINGIf the Department of Health Services determines thatthere is a reasonable cause to believe an abortionclinic is not adhering to any law or rule concerningabortion, any duly designated employee or agent mayenter the premises of the clinic during regular businesshours to determine compliance. An application forlicensure as an abortion clinic constitutes permissionfor an entry or inspection of the premises during thependency of the application and the term of thelicense. If an inspection reveals violations, the Deptmay take action as authorized by statute. It is a class 1misdemeanor for a person to intentionally cause, aidor assist a minor in obtaining an abortion in violationof statutory requirements for parental consent. Theinformation that facilities where abortions are per-formed must report to the Dept on each abortion per-formed is expanded to include whether an infant wasborn alive and the efforts made to promote, preserveand maintain the life of the infant. Contains legislativefindings. Severability clause. First Sponsor: Rep.Lesko Other Sponsors: Rep. Allen, Sen. Barto, Rep.Borrelli, Sen. Burges, Sen. Crandell, Rep. Forese,Rep. Gray, Sen. Griffin, Rep. Livingston, Sen. Melvin,Rep. Mesnard, Rep. Montenegro, Sen. Murphy, Rep.Smith, Rep. Thorpe, Sen. Ward, Sen. Yarbrough, Sen.Yee, Sen. D. Farnsworth, ARS Titles Affected: 36

H 2285 TECH CORRECTION; MININGCLASSIFICATIONMinor change in Title 42 (Taxation) related to miningclassification. Apparent striker bus. First Sponsor:Rep. Lesko ARS Titles Affected: 42

H 2286 SENIOR FACILITIES; BONDAPPROVALA “reviewing entity” (defined) exercising its statutoryduties in connection with a “project” (defined as anursing home, rest home, skilled nursing facility orlife care facility owned and operated by a nonprofitorganization) may agree with any other reviewingentity to share information, coordinate review sched-ules or jointly conduct reviews. A reviewing entitythat adopts review work performed by anotherreviewing entity is deemed to have complied with itsreview responsibilities. First Sponsor: Rep. LeskoOther Sponsors: Rep. Alston, Rep. Gray, Sen.Yarbrough, ARS Titles Affected: 35

H 2287 COUNTY TREASURER; LIEN; SALEIf no bid is made for property subject to a tax lien thatis in an amount sufficient to pay the taxes, the countysheriff is authorized to execute and deliver a bill ofsale conveying the title of the property to the highestbidder. Previously, the county sheriff was required tosell the property to the county, and the county board ofsupervisors was required to sell the property for thebest price obtainable. First Sponsor: Rep. LeskoARS Titles Affected: 40 42

H 2288 SALES TAX; REDUCED REPORTINGREQUIREMENTSTaxpayers with annual transaction privilege tax lia-bility between $2,000 and $8,000 are required to payTPT on a quarterly basis (instead of a monthly basis),and taxpayers with annual TPT liability of less than$2,000 are required to pay on an annual basis.Previously, taxpayers with less than $500 annual TPTliability were permitted to pay annually, and taxpayerswith between $500 and $1,250 annual TPT liabilitywere permitted to pay quarterly. First Sponsor: Rep.Lesko Other Sponsors: Rep. Borrelli, Sen. Burges,Rep. Cardenas, Sen. Farley, Rep. Forese, Rep.Gallego, Sen. Griffin, Sen. Hobbs, Rep. Kwasman,Rep. Livingston, Sen. Meza, Rep. Petersen, Rep. J.Pierce, Rep. Pratt, Sen. Reagan, Rep. Seel, Rep.Shope, Rep. Smith, Rep. Thorpe, Sen. Ward, Sen.

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Page 10: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

Worsley, Sen. Yarbrough, Sen. D. Farnsworth, ARSTitles Affected: 42

H 2289 TELECOMMUNICATIONS;BROADBAND INFRASTRUCTURE;ACCELERATED DEPRECIATIONEstablishes an accelerated depreciation schedule forproperty tax purposes for “qualifying broadband infra-structure” (defined) for the first five tax years ofassessment. Retroactive to January 1, 2014. FirstSponsor: Rep. Lesko Other Sponsors: Rep. Boyer,Sen. Cajero Bedford, Rep. Cardenas, Rep. Gray, Rep.Mesnard, Rep. Olson, Rep. Petersen, Rep. Wheeler,Sen. Yarbrough, ARS Titles Affected: 42

H 2290 SCHOOLS; TEACHER IN-SERVICETRAININGA school district that schedules “teacher in-servicetraining” (defined) during a school year is required toschedule the training for an entire school day on eithera Monday or a Friday. First Sponsor: Rep. LeskoOther Sponsors: Rep. Allen, Rep. Barton, Rep.Borrelli, Rep. Boyer, Rep. Fann, Rep. Gray, Rep.Livingston, Rep. Lovas, Rep. J. Pierce, Sen. Ward,Sen. Yee, Sen. D. Farnsworth, ARS Titles Affected:15

H 2291 EMPOWERMENT SCHOLARSHIPSACCOUNTS; EXPANSIONFor the purpose of empowerment scholarshipaccounts (ESA), the definition of “qualified student”is expanded to include the children of police officers,firefighters or other first responders employed bypublic agencies, and children who are the sibling of acurrent or previous ESA recipient. Beginning in the2016-17 school year, qualified student is expanded toinclude children who meet the economic eligibilityrequirements for free or reduced price lunches, andbeginning in the 2017-18 school year, to include chil-dren whose family income exceeds the economic eli-gibility requirements for free or reduced price lunchesby up to 15 percent. First Sponsor: Rep. LeskoOther Sponsors: Rep. Allen, Sen. Barto, Sen. Burges,Sen. Crandell, Rep. Gray, Sen. Griffin, Rep.Livingston, Sen. Melvin, Rep. Montenegro, Sen.Murphy, Rep. Olson, Rep. Pratt, Rep. Smith, Rep.Thorpe, Rep. Townsend, Sen. Ward, Sen. Yarbrough,Sen. Yee, Sen. D. Farnsworth, ARS Titles Affected:15

H 2292 TECH CORRECTION; DEFINEDCONTRIBUTION PLANMinor change in Title 38 (Public Officers andEmployees) related to the Arizona State RetirementSystem. Apparent striker bus. First Sponsor: Rep.Coleman ARS Titles Affected: 38

H 2293 TECH CORRECTION; TIMESHARESMinor change in Title 33 (Property) related to time-shares. Apparent striker bus. First Sponsor: Rep.Coleman ARS Titles Affected: 33

H 2294 TECH CORRECTION; FEDERALFUNDSMinor change in Title 35 (Public Finances) related tofederal funds. Apparent striker bus. First Sponsor:Rep. Coleman ARS Titles Affected: 35

H 2295 TECH CORRECTION; AHCCCS;APPLICATION PROCESSMinor change in Title 36 (Public Health) related toAHCCCS applications. Apparent striker bus. FirstSponsor: Rep. Coleman ARS Titles Affected: 36

H 2296 CUSTODIAL INTERFERENCE;DEFENSEThe statutory defenses to a prosecution for custodialinterference may be used for any action that consti-tutes custodial interference, instead of only specifiedactions. First Sponsor: Rep. Smith Other Sponsors:Rep. Borrelli, Rep. Gowan, Rep. Gray, Rep.Kwasman, Rep. Lesko, Rep. Livingston, Rep.Montenegro, Rep. Olson, Rep. Shope, ARS TitlesAffected: 13

H 2297 JUDICIALLY APPOINTEDPSYCHOLOGISTS; COMPLAINTSThe Board of Psychologist Examiners is no longerprohibited from considering a complaint against apsychologist arising out of a judicially ordered evalua-tion, treatment or psychoeducation of a personcharged with a violation of a sexual offense to beunprofessional conduct unless the court finds a sub-stantial basis to refer the complaint to the Board. FirstSponsor: Rep. Smith Other Sponsors: Rep. Borrelli,Rep. Gray, Rep. Kwasman, Rep. Lesko, Rep.Livingston, Rep. Montenegro, Rep. Olson, Rep. Seel,Rep. Shope, ARS Titles Affected: 32

H 2298 BD OF TECHNICAL REGISTRATION;ARCHITECTSA person is prohibited from using any letterhead,advertisement, communication or other device to rep-resent that the person is an architect unless the personis registered as an architect with the Board ofTechnical Registration. First Sponsor: Rep. SmithARS Titles Affected: 32

H 2299 TECH CORRECTION; ESCAPE;SECURE FACILITYMinor change in Title 13 (Criminal Code) related toescape from a correctional facility. Apparent strikerbus. First Sponsor: Rep. Smith ARS Titles Affected:13

H 2300 TECH CORRECTION;MALPRACTICE CLAIM REVIEW;Minor change in Title 32 (Professions) related to mal-practice claim review. Apparent striker bus. FirstSponsor: Rep. Smith ARS Titles Affected: 32

H 2301 TECH CORRECTION; CIVIL RIGHTS;RESTORATIONMinor change in Title 13 (Criminal Code) related torestoration of civil rights. Apparent striker bus. FirstSponsor: Rep. Smith ARS Titles Affected: 13

H 2302 UNLAWFUL PUBLIC SALE OFANIMALSThe crime of unlawful public sale of animals appliesin all counties, instead of only counties with a popula-tion of 800,000 persons or more. The list of acts thatdo not constitute unlawful public sale of animals isexpanded to include a sale of livestock, poultry orratite as defined in agriculture statutes. First Sponsor:Rep. Pratt Other Sponsors: Rep. Shope, ARS TitlesAffected: 44

H 2303 PERMITS OR TAGS; TRANSFER;VETERANSThe Game and Fish Commission is authorized to pre-scribe the manner and conditions of transferring andusing big game permits and tags to allow a person totransfer a permit or tag to a qualified organization foruse by a veteran of the U.S. armed forces who has aservice-connected disability. First Sponsor: Rep.Pratt Other Sponsors: Rep. Borrelli, Rep. Cardenas,Rep. Dalessandro, Rep. Gowan, Sen. Griffin, Rep.Larkin, Sen. McGuire, Sen. Melvin, Sen. S. Pierce,Rep. Shope, ARS Titles Affected: 17

H 2304 PRIME CONTRACTING DEDUCTION;WASTE FACILITYThe list of amounts deducted from the gross proceedsof sales or gross income before computing the taxbase for the prime contracting classification isexpanded to include the gross income derived from acontract with the owner of real property for the main-tenance, repair or replacement of existing property ifthe contract does not include modification, and thegross income derived from a contract for the construc-tion of a mixed waste processing facility located on amunicipal landfill for the purpose of recycling solidwaste or producing renewable energy. First Sponsor:Rep. Pratt ARS Titles Affected: 42

H 2305 COMPACT; BALANCED BUDGET;CONVENTIONEnacts a compact declaring the state’s intent to origi-nate a balanced budget amendment to the U.S.Constitution. The compact becomes binding when atleast one other state has adopted substantively iden-tical legislation. Contains a model of the proposed bal-anced budget amendment, which prohibits total out-lays of the government of the U.S. from exceedingtotal receipts at any point in time unless the excess isfinanced by debt that is first approved by the legisla-tures of the several states. The amendment alsorequires any bill that provides for a new or increasedgeneral revenue tax to be approved by a 2/3 roll callvote of the whole number of each house of Congress,with the exception of either a new end user sales taxthat would completely replace every existing incometax or the reduction or elimination of an exemption,deduction or credit. Once at least 3/4 of the statesadopt the compact, the legislatures of member statesapply to Congress for a convention for proposing thebalanced budget amendment. Provides for theappointment of convention delegates and specifiesconvention rules. Upon referral of the amendment tothe states, each member state hereby adopts and rati-fies the amendment. Contains provisions for construc-tion, enforcement, venue and severability of the com-pact. First Sponsor: Rep. Mesnard Other Sponsors:Rep. Allen, Rep. Barton, Rep. Borrelli, Rep. BrophyMcGee, Rep. Dial, Rep. Fann, Rep. Gowan, Rep.Kwasman, Rep. Livingston, Rep. Mitchell, Rep.

Olson, Rep. Orr, Rep. Smith, Rep. Thorpe, Rep.Townsend, Sen. Ward, ARS Titles Affected: 41

H 2306 FINGERPRINT CLEARANCE CARDS;PERIODIC CHECKSThe Department of Public Safety is permitted to con-duct periodic federal criminal history records checkswhen authorized by federal law for the purpose ofupdating finderprint clearance cards. First Sponsor:Rep. J. Pierce ARS Titles Affected: 41

H 2307 SENTENCING; PROBATIONFor the purpose of sentencing repetitive felonyoffenders and dangerous felony offenders, if the pre-sentence report includes a clear and compelling rec-ommendation that the person is seriously mentally illor has a history of mental illness and would benefitfrom supervised probation, the court is authorized tosuspend the imposition or execution of sentence andplace the person on supervised probation. FirstSponsor: Rep. J. Pierce ARS Titles Affected: 13

H 2308 TAX EXEMPTION; VETERANS;MILITARY PENSIONSThe list of subtractions from Arizona adjusted grossincome is expanded to include the full amountreceived as retired or retainer pay of the uniformedservices of the U.S. by a taxpayer who is an honorablydischarged veteran. First Sponsor: Rep. J. PierceOther Sponsors: Sen. Bradley, ARS Titles Affected:43

H 2309 FIREARMS; PROSECUTORS; LAWENFORCEMENT OFFICERSFor the purpose of statute prohibiting peace officersfrom being prohibited to carry firearms except inspecified circumstances, the definition of “peaceofficer” is expanded to include municipal, county andstate prosecutors who have received a certificate fromthe Arizona Peace Officer Standards and TrainingBoard. The requirement for law enforcement agenciesto issue a photographic identification stating that anofficer has honorably retired from the agency (whichmay be used to obtain concealed weapons permits)also applies to prosecutorial agencies. First Sponsor:Rep. J. Pierce ARS Titles Affected: 13 38

H 2310 CRMINAL JUSTICE INFO; COURTREPORTINGThe list of entities authorized to exchange criminaljustice information with the central state repository orthrough the Arizona criminal justice informationsystem is expanded to include the superior court forthe purpose of determining an individual’s eligibilityfor court programs. The exemption from reportingcourt dispositions for traffic arrests no longer includesarrests for violations of driving under the influence.First Sponsor: Rep. J. Pierce ARS Titles Affected:41

H 2311 MILITARY JUSTICE; COURTS-MARTIALThe list of sentencing options for persons convictedby general courts-martial or summary courts-martialare expanded and the maximum fines they mayimpose are increased. A member of the NationalGuard cannot demand a trial by court-martial in lieuof a punishment if the nonjudicial punishment optionsdo not include arrest in quarters or restriction. Thequalifications for a military judge and the qualifica-tions for the Adjutant General who serves as theDirector of the Department of Emergency andMilitary Affairs are modified. First Sponsor: Rep. J.Pierce Other Sponsors: Sen. Bradley, ARS TitlesAffected: 26

H 2312 TAMPERING WITH A WITNESSThe definition of tampering with a witness, a class 6(lowest) felony, is expanded to include inducing a wit-ness to evade a summons or subpoena, and to includeattempting to induce a witness to take any of the spec-ified actions. First Sponsor: Rep. J. Pierce OtherSponsors: Sen. Driggs, Sen. Farley, Rep. Forese, Sen.McComish, Sen. Melvin, Sen. Tovar, Rep. Wheeler,ARS Titles Affected: 13

H 2313 CAPITAL SENTENCING;AGGRAVATORS; SERIOUS OFFENSESThe list of aggravating factors the trier of fact mustconsider in determining whether to impose a sentenceof death is expanded to include the existence of aprobability that the defendant would commit criminalacts of violence that constitute a continuing threat tosociety. For the purupose of aggravating and miti-gating factors for capital sentencing, the definition of“serious offense” is expanded to include smugglingand participating in or assisting a human smugglingorganization. First Sponsor: Rep. J. Pierce ARSTitles Affected: 13

H 2314 PROSECUTOR PRESENCE;INTERVIEW OF MINORThe defendant, defendant’s attorney or an agent of thedefendant is prohibited from interviewing a minorchild who is a victim and who has agreed to an inter-view unless the prosecutor is present, even if theminor child’s parent initiates contact with the defen-dant, defendant’s attorney or agent of the defendant.First Sponsor: Rep. J. Pierce Other Sponsors: Sen.Driggs, Sen. Farley, Rep. Forese, Sen. McComish,Sen. Melvin, Sen. Tovar, Rep. Wheeler, ARS TitlesAffected: 8 13

H 2315 SCHOOLS; ONLINE INSTRUCTION;CONCURRENT STUDENTSIf a student is enrolled in a school district or charterschool and also participates in online instructionbetween May 1 and July 31, the school district orcharter school is prohibited from requiring a copy ofthe student’s receipt as a condition of accepting creditsearned. School districts, charter schools and onlinecourse providers are required to release a copy of thestudent’s transcript to each other within 10 days after avalid request, and are required to accept both electiveand core credits earned by the student. If a school dis-trict, charter school or online course provider fail tocomply with these requirements within 60 days afternotice of a violation, the Department of Educationmust withhold up to two percent of the monthlyapportionment of state aid until the district, school orprovider complies. First Sponsor: Rep. J. PierceOther Sponsors: Sen. Yarbrough, ARS TitlesAffected: 15

H 2316 SCHOOLS; LOCAL CONTROL;STUDENT PRIVACYThe State Board of Education, Superintendent ofPublic Instruction and Department of Education areprohibited from adopting any educational standards,curricula or instructional approaches that may be man-dated by the federal government. The Dept is prohib-ited from applying for any federal grant that requiresthe adoption of any federally developed educationalstandards, curricula or instructional approaches. Anychanges to the state academic standards must be donethrough a transparent public rulemaking process thatmeets specified requirements. School district, charterschools, the State Board of Education, theSuperintendent of Public Instruction and the Dept arerequired to collect student data in a manner consistentwith state and federal laws designed to protect studentprivacy. Any standardized test administered by apublic school in Arizona cannot include subject matterthat is contrary to the laws of Arizona or to “generallyaccepted moral, civic and ethical values.” Contains alegislative intent section. First Sponsor: Rep. J.Pierce Other Sponsors: Rep. Forese, ARS TitlesAffected: 15

H 2317 SALES TAX HOLIDAY; SCHOOLSUPPLIESEstablishes a transaction privilege and use tax holidayon the last consecutive Friday, Saturday and sunday inJuly of each year for the sale of a “clothing item” or“school supply item” (both defined) with a sales priceof less than $100. First Sponsor: Rep. J. PierceOther Sponsors: Rep. Forese, ARS Titles Affected:42

H 2318 DOMESTIC VIOLENCE; ARRESTPERDOMINANT AGGRESSORBefore arresting both parties for domestic violence, apeace officer is required to evaluate each alleged actof domestic violence to determine if either party wasthe predominant aggressor based on specified factors.If the officer determines that one party is the predomi-nant aggressor, the officer may choose not to arrest theother party. First Sponsor: Rep. J. Pierce OtherSponsors: Sen. Bradley, Sen. Hobbs, ARS TitlesAffected: 13

H 2319 SHOOL BOARDS; NONPROFITORGS; FORMATIONThe list of discretionary powers of school boards isexpanded to include assisting in the legal formation ofnonprofit organizations that promote the educationalmission of the school district, including parent-teacherorganizations, booster groups and youth organizations.First Sponsor: Rep. J. Pierce ARS Titles Affected:15

H 2320 COUNTY SEALS; APPROVAL OFUSEA person is permitted to use, display or otherwiseemploy a copy or other resemblance of the county sealonly after obtaining approval from the county board ofsupervisors. The board of supervisors may grant

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Page 11: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

approval to any person showing good cause for aproper purpose, and may adopt rules for the use of thecounty seal. Knowing violations are a class 3 (mid-level) misdemeanor. First Sponsor: Rep. J. PierceARS Titles Affected: 11

H 2321 PROCUREMENT CODE OMNIBUSVarious changes to the Arizona Procurement Code,including exempting the Department of Gaming forproblem gambling treatment services contracts withlicensed behavioral health professionals, andexempting contracts for credit reporting services. Stateemployees who have a “significant procurement role”(defined) are prohibited from accepting a positionwith or having employment discussions with the suc-cessful offeror and their lobbyists during a periodbeginning on signature of the first nondisclosureagreement for a solicitation or at the time of requestfor a procurement and ending one year after the pur-chased materials are delivered or the purchase of serv-ices or construction begins. First Sponsor: Rep. J.Pierce ARS Titles Affected: 41

H 2322 NATIONAL INSTANT CRIMINALBACKGROUND CHECKSThe clerk of court is required to transmit the caseinformation of every case involving a “coveredoffense” (defined as an indictment or information foran offense if the judicial officer imposes as a conditionof release that the person not possess a firearm or a“serious offense” as defined in the Criminal Code) tothe Supreme Court, and the Supreme Court is requiredto transmit it to the Department of Public Safety. TheDept is required to transmit the case information to theNational Instant Criminal Background Check System.The definition of “prohibited posessor” of a deadlyweapon is expanded to include any person who hasbeen found incompetent according to the ArizonaRules of Criminal Procedure and any person who ischarged with a covered offense. Effective January 1,2015. First Sponsor: Rep. J. Pierce ARS TitlesAffected: 13 14 32 36

H 2323 BLUE ALERT NOTIFICATIONSYSTEMThe Department of Public Safety is required to estab-lish a blue alert notification system as a quickresponse system designed to issue and coordinatealerts following an attack on a law enforcement officerthat meets specified conditions. First Sponsor: Rep.J. Pierce Other Sponsors: Rep. Borrelli, Sen.Bradley, Rep. Brophy McGee, Rep. Campbell, Rep.Cardenas, Rep. Coleman, Rep. Dial, Rep. Fann, Sen.Farley, Rep. Forese, Rep. Gallego, Rep. Gowan, Rep.Hale, Rep. Livingston, Sen. McComish, Sen. Meza,Rep. Miranda, Rep. Pratt, Rep. Robson, Sen. Shooter,Rep. Shope, Rep. Steele, Rep. Thorpe, Rep. Tobin,Sen. Tovar, Rep. Wheeler, ARS Titles Affected: 41

H 2324 TECH CORRECTION; DENTISTRY;PERMITMinor change in Title 32 (Professions andOccupations) related to restricted dentistry permits.Apparent striker bus. First Sponsor: Rep. J. PierceARS Titles Affected: 32

H 2325 TECH CORRECTION; ASSISTANTFUNERAL DIRECTORSMinor change in Title 32 (Professions andOccupations) related to assistant funeral director licen-sure. Apparent striker bus. First Sponsor: Rep. J.Pierce ARS Titles Affected: 32

H 2326 WATER BANKING AUTHORITY;STORAGE CREDITSThe Arizona Water Banking Authority is authorized topurchase long-term storage credits, which must be dis-tributed or extinguished in accordance with the rulesof operation prescribed in statute for the monies usedto purchase the credits. The Authority is authorized topurchase long-term storage credits for the purpose ofIndian firming. First Sponsor: Rep. Shope OtherSponsors: Rep. Orr, ARS Titles Affected: 45

H 2327 SETTLEMENT OF CLAIMS OFMINORSpecified persons are authorized to settle a suit orclaim brought on behalf of a minor if the net amountof the settlement is $10,000 or less. The court is per-mitted to require the appointment of a guardian adlitem to represent the minor if the net amount of thesettlement is more than $10,000. First Sponsor: Rep.Livingston Other Sponsors: Rep. Allen, Rep. Boyer,Rep. Gowan, Sen. Griffin, Rep. Kwasman, Rep.Montenegro, Rep. Petersen, Rep. Shope, Rep. Smith,Rep. Thorpe, Sen. D. Farnsworth, ARS TitlesAffected: 14

H 2328 STOS; GRANTS; CORPORATE TAXCREDITRemoves the requirements for qualified students forwhom a school tuition organization must provide edu-cational scholarships or tuition grants to attend speci-fied schools or be the dependent of a member of theU.S. armed forces stattioned in Arizona. Requirementsfor qualified students to have been placed in fostercare at any time before high school graduation or havea disability remain in place. First Sponsor: Rep.Livingston Other Sponsors: Rep. Allen, Sen. Barto,Sen. Burges, Rep. Forese, Rep. Gowan, Rep. Gray,Sen. Griffin, Rep. Lesko, Sen. Melvin, Rep. Mesnard,Rep. Montenegro, Sen. Murphy, Rep. Olson, Rep.Pratt, Rep. Smith, Rep. Thorpe, Rep. Townsend, Sen.Ward, Sen. Yarbrough, Sen. Yee, Sen. D. Farnsworth,ARS Titles Affected: 43

H 2329 INSURANCE; NOTIFICATION;CANCELLATION; NONRENEWALNotice of nonrenewal or cancellation of insurancemay be electronally delivered or mailed by first classmail using intelligent mail barcode or another similartracking method. First Sponsor: Rep. LivingstonOther Sponsors: Rep. Allen, Rep. Boyer, Rep.Gowan, Rep. Kwasman, Rep. Lovas, Rep. Mesnard,Rep. Miranda, Rep. Montenegro, Rep. Orr, Rep.Petersen, Rep. Smith, Rep. Thorpe, Sen. D.Farnsworth, ARS Titles Affected: 20

H 2330 MUNICIPALITIES; DEANNEXATION;PUBLIC RIGHT-OF-WAYA public right-of-way that is partially located within amunicipality and partially located within a countymay be deannexed and severed from the municipalityand returned to the county by following specified pro-cedures. First Sponsor: Rep. Livingston OtherSponsors: Rep. Allen, Rep. Barton, Rep. Borrelli,Rep. Cardenas, Rep. Forese, Rep. Gowan, Rep. Gray,Rep. Lovas, Rep. Mesnard, Rep. Montenegro, Rep.Smith, Rep. Thorpe, ARS Titles Affected: 9

H 2331 TAX CREDIT; JUST COMPENSATIONIf the existing rights to use, divide, sell or possess pri-vate real property are reduced by the enactment orapplicability of any land use law enacted after the datethe property is transferred to the owner and that actionreduces the fair market value of the property, theowner may waive the right to just compensation andinstead claim an income tax credit in the sameamount. The State Treasurer must withhold from thedistribution of state shared revenue or other distribu-tions to the county, municipality or other political sub-division that enacted the land use law the aggregateamount of credits claimed for that law. Monies with-held are credited to the general fund. Does not applyto a list of specified land use laws. First Sponsor:Rep. Livingston Other Sponsors: Rep. E.Farnsworth, ARS Titles Affected: 43

H 2332 UNCLAIMED REMAINS; VETERANS;BURIALA person that possesses unclaimed cremated remainsis permitted to release “verification information”(defined) associated with the remains to the U.S.Department of Veterans Affairs or a “veterans’ serviceorganization” (defined) to verify whether the remainsare of a veteran or veteran’s dependent eligible to beinterred in a veterans’ cemetery if specified conditionsare met. If the remains are of a veteran or veteran’sdependent, the person may transfer the remains to aveterans’ service organization, which must ensure thatthe remains are interred in a veterans’ cemetery. FirstSponsor: Rep. Orr Other Sponsors: Rep. Livingston,Rep. Shope, Rep. Stevens, ARS Titles Affected: 36

H 2333 MEDICAL MARIJUANA FUND;EDUCATION; INTERVENTIONThe Department of Health Services is authorized toprovide grants from the Medical Marijuana Fund tolocal police departments to provide school resourceofficers in high schools to provide drug education andintervention services. Due to voter protection, this billrequires the affirmative vote of at least 3/4 of eachhouse of the Legislature for passage. First Sponsor:Rep. Orr ARS Titles Affected: 36

H 2334 UNMANNED AERIAL VEHICLE;EVIDENCE; ADMISSIBILITYAny picture or information obtained or collectedwithout a search warrant by an “unmanned aerialvehicle” (defined) is inadmissable in any court inArizona. First Sponsor: Rep. Orr Other Sponsors:Rep. Livingston, ARS Titles Affected: 12

H 2335 UNIVERSITIES; TUITION; FEDAUTHORIZATION CLASSIFICATIONUniversities are required to establish a separate tuitionrate for a person who is federally authorized to be in

the U.S. but who is not a citizen and does not meet therequirements for in-state tuition status, in an amountthat does not exceed 110 percent of in-state tuition, ifthe person has resided in Arizona for the previous fouryears and graduated from a high school in Arizona.First Sponsor: Rep. Quezada Other Sponsors: Rep.Dalessandro, Sen. Gallardo, Rep. Mendez, ARSTitles Affected: 15

H 2336 FIREARMS; LAW ENFORCEMENTOFFICERSA peace officer or retired peace officer may be prohib-ited from carrying a firearm when consuming alcoholat any licensed liquor establishment, instead of onlylicensed liquor establishments operated by the state, acounty, a municipality or any other political subdivi-sion. First Sponsor: Rep. Barton Other Sponsors:Rep. Borrelli, Sen. Crandell, Rep. Kavanagh, Rep.Livingston, Rep. Mitchell, Rep. Montenegro, Sen.Murphy, Rep. Petersen, Rep. Seel, Rep. Smith, Rep.Thorpe, ARS Titles Affected: 38

H 2337 MISCONDUCT INVOLVINGWEAPONS; APPLICATIONSpecifies that a warden, detention officer, specialinvestigator or correctional officer of the Departmentof Corrections or Department of Juvenile Correctionsis only exempt from certain aspects of misconductinvolving weapons while in the performance of offi-cial duties. First Sponsor: Rep. Barton OtherSponsors: Rep. Borrelli, Sen. Crandell, Rep.Livingston, Rep. Mitchell, Sen. Murphy, Rep.Petersen, Rep. Seel, Rep. Smith, Rep. Thorpe, ARSTitles Affected: 13

H 2338 AGGRAVATED ASSAULT; FIREARMThe circumstances under which the commission ofassault becomes aggravated assault are expanded toinclude if the person knowingly takes or attempts toexercise control over a person’s lawfully possessedfirearm. Aggravated assault for this reaon is a class 4(mid-level) felony. Does not apply to a peace officerwho takes or attempts to exercise control over aperson’s lawfully possessed firearm while engaged inthe execution of official duties. First Sponsor: Rep.Barton Other Sponsors: Rep. Borrelli, Sen. Crandell,Rep. Kavanagh, Rep. Mitchell, Rep. Montenegro,Sen. Murphy, Rep. Petersen, Rep. Seel, Rep. Smith,Rep. Thorpe, ARS Titles Affected: 13

H 2339 FIREARMS; PERMIT HOLDERS;PUBLIC PLACESIt is not misconduct involving weapons by carrying adeadly weapon at a public establishment or event ifthe person possesses a valid concealed weaponspermit. Does not apply to public establishments orevents that have security personnel and electronicweapons screening devices and that require eachperson carrying a deadly weapon to leave it in posses-sion of the security personnel while the person is inthe establishment or event. First Sponsor: Rep.Barton Other Sponsors: Sen. Crandell, Rep.Mitchell, Rep. Montenegro, Sen. Murphy, Rep.Petersen, Rep. Seel, Rep. Smith, Rep. Thorpe, ARSTitles Affected: 13

H 2340 PROPERTY TAX; COMMUNITYCOLLEGE DISTRICTSA community college district with a primary propertytax levy approved by the voters may resubmit a pro-posed amount to be raised by primary property taxesfor voter approval at least 20 but not more than 35years after the date of initial approval of the levy, ifthe proposed amount is not more than two times theotherwise authorized levy amount for the same year.First Sponsor: Rep. Barton ARS Titles Affected: 42

H 2341 APPROP; COMMUNITY COLLEGEDISTRICTSAppropriates a total of $25 million from the generalfund in FY2014-15 to specified community collegedistricts. First Sponsor: Rep. Barton ARS TitlesAffected: 15 41

H 2342 TECH CORRECTION; TECHNICALREGISTRATION BDMinor change in Title 32 (Professions andOccupations) related to the Board of TechnicalRegistration. Apparent striker bus. First Sponsor:Rep. Barton ARS Titles Affected: 32

H 2343 SUPPLEMENTAL APPROP; STATEFORESTERMakes a supplemental appropration of $25 millionfrom the general fund in FY2013-14 to the StateForester for forest thinning projects and projects thatpromote forest health on state lands. First Sponsor:Rep. Barton Other Sponsors: Sen. Crandell, Rep.Thorpe, ARS Titles Affected: 41

H 2344 U.S. SENATE CNADIDATES;LEGISLATIVE NOMINATIONAny person who is otherwise qualified by law to serveas a U.S. Senator and who has not been nominated forthat office by a political party nomination, nominationother than by political party or a delegate conventionmay be nominated as a candidate by filing a petitionwith the presiding officers of the State House ofRepresentatives and State Senate that is signed by atleast 20 percent of the members of the Legislaturethen holding office. Within 30 days after the nomina-tion petition is filed, a committee of the whole in eachchamber of the Legislature must simultaneously voteon each candidate so nominated, and the candidatereceiving the greatest number of votes for that officemust be printed on the official ballot for the office ofU.S. Senator at the next general or special election.First Sponsor: Rep. Barton Other Sponsors: Sen.Crandell, Rep. Livingston, Rep. Mitchell, Sen.Murphy, Rep. Petersen, Rep. Thorpe, Rep. Townsend,ARS Titles Affected: 16

H 2345 CONCEALED CARRY; PERMITREQUIREMENTS; OFFENSEThe requirements for a concealed weapons permit aremodified to require an applicant to satisfactorily com-plete a firearms safety training program approved bythe Department of Public Safety. Requirements forfirearms safety programs are specified. It is miscon-duct involving weapons for a person to knowinglycarry a deadly weapon without a permit concealed onthe person or within immediate control of any personin or on a means of transportation. Some exceptions.On conviction, the court may order the forfeiture ofthe weapon. Carrying a concealed weapon and failingto present a permit on request of law enforcement is aclass 2 misdemeanor. First Sponsor: Rep. CampbellARS Titles Affected: 13

H 2346 FIREARMS; SALES; TRANSFERS;BACKGROUND CHECKSIf neither party to a prospective “assault weapon”(defined) sale or transfer is a licensed firearms dealer,the parties must complete the transaction through alicensed firearms dealer. Some exceptions. The dealermust process the sale or transfer and comply with allrequirements of federal, state and local law as if thedealer were a party to the transaction, including abackground check on both parties. If the dealer cannotlegally deliver the weapon to the purchaser, the dealermust return the weapon to the seller. If the dealercannot legally return the weapon to the seller, thedealer must deliver the weapon to law enforcement.The dealer may charge a fee of up to $50 for the costsincurred in facilitating the sale or transfer. Violationsare a class 1 (highest) misdemeanor. Operators of“firearm shows” are required to notify all firearmexhibitors in writing and post signs at the show statingthat a national instant criminal background checkmust be completed before all firearm sales or trans-fers. Violators of firearm show regulations are subjectto a civil penalty of up to $10,000 per violation. It is aclass 1 misdemeanor to sell or transfer a firearm at afirearm show to a person who has not had a back-ground check. First Sponsor: Rep. Campbell ARSTitles Affected: 13 44

H 2347 PRIVATE PRISONS; PRISONERTRANSFER; PROHIBITIONBeginning on the effective date of this legislation, pri-vate prisons cannot accept the transfer of an adult pris-oner from another state. Also, the photographs andfingerprints of all prisoners incarcerated in privateprison facilities are public record. First Sponsor:Rep. Campbell ARS Titles Affected: 41

H 2348 PRIVATE PRISONS; PRISONERS;FACILITY; LIMITSBeginning on the effective date of this legislation, pri-vate prisons are prohibited from housing more pris-oners than the number who were housed on the effec-tive date, and are prohibited from building or pur-chasing a new private prison facility or expanding aprivate prison facility in Arizona. First Sponsor: Rep.Campbell ARS Titles Affected: 41

H 2349 AUDITOR GENERAL; PRIVATEPRISON MONITORINGThe Auditor General is required to perform a specialaudit to examine and evaluate how the Department ofCorrections is monitoring private prison facilities.Areas that must be included in the audit are specified.The Auditor General must submit its report of the spe-cial audit to the Legislature and the Governor byDecember 31, 2014. First Sponsor: Rep. CampbellARS Titles Affected: 41

January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 11

Page 12: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

H 2350 AZ COMMERCE AUTHORITY;OVERSIGHTThe Arizona Commerce Authority Board of Directorsis required to award any grant, loan, reimbursement,tax incentive or other economic development incen-tive by a formal vote at a public meeting and to postthe awards within five business days after the vote.Some exceptions. By November 1 of each year, theAuthority must submit a report of awards to theLegislature, including specified information.Additionally, the Auditor General must submit areport of the annual audit of the Authority to theGovernor and the Legislature. Beginning in 2015 andat least every three years after, the Auditor General isrequired to conduct a performance audit of theAuthority. First Sponsor: Rep. Campbell ARS TitlesAffected: 41

H 2351 PRIVATE PRISON STUDYCOMMITEEEstablishes a 19-member Private Prison StudyCommittee to research and report on the impact of pri-vate prisons on the safety of the public and prisoners,the economic efficiency of housing prisoners in pri-vate facilities, and the provision of constitutionallyappropriate services for prisoners at private prisons.The Committee must submit a report to the Governorand the Legislature by December 31, 2014. Self-repeals October 1, 2015. First Sponsor: Rep.Campbell ARS Titles Affected: 41

H 2352 PROHIBITED POSSESSOR;VOLUNTARY COMMITMENT; RESTORATIONFor the purpose of regulations on weapons, the defini-tion of “prohibited possessor” is expanded to include aperson who has been voluntarily hospitalized formental health evaluation, care and treatment. A pro-hibited possessor for this circumstance may apply to acourt where they reside to restore their right to possessa firearm. First Sponsor: Rep. Campbell ARS TitlesAffected: 13

H 2353 TRANSPORTATION FOR INPATIENTEVALUATIONSIf a guardian who has mental health treatmentauthority requires the assistance of a peace officer totransport a ward in need of inpatient mental healthtreatment or evaluation, the guardian may file a peti-tion for an order directing a peace officer to take theward into protective custody and transport the ward toa level one behavioral health facility or a hospital.First Sponsor: Rep. Campbell ARS Titles Affected:14 36

H 2354 ADULT INCARCERATIONCONTRACTS; COST COMPARISONThe Department of Corrections is required to conducta biennial comparison of private prison contractors tothe state in operating similar facilities, based on pro-fessional correctional standards specified by theDept’s director. The comparison is used to determineif the contractor is providing at least the same qualityof services at a lower cost or superior quality servicesat the same cost. Factors that must be considered inthe comparison are listed. The director is required toprovide the comparison to the Joint LegislativeBudget Committee for contractors who contract exclu-sively with the Dept. First Sponsor: Rep. CampbellARS Titles Affected: 41

H 2355 RBHA; TREATMENT OUTCOMES;MEASUREMENT TOOLSThe Department of Health Services is required toadopt evidence-based practice models that eachRegional Behavioral Health Authority will to use todetermine the distribution of funds to non-title 19 pop-ulations, based on measurable treatment outcomes.First Sponsor: Rep. Campbell ARS Titles Affected:36

H 2356 MANDATORY MENTAL HEALTHEVALUATION; ADMISSIONIf a peace officer has contact with a person possessinga firearm and the officer has probable cause to believethat the person is a danger to self or others as a resultof mental illness, the officer must apply for a court-ordered evaluation or an emergency admission forevaluation. The peace officer is also required to tem-porarily seize the firearm. First Sponsor: Rep.Campbell ARS Titles Affected: 36

H 2357 AZ STATE HOSPITAL;PERFORMANCE AUDITThe Auditor General is required to conduct a perform-ance audit of the Arizona State Hospital, and to submita report of the audit to the Joint Legislative AuditCommittee by July 1, 2016. Self-repeals January 1,2017. First Sponsor: Rep. Campbell ARS TitlesAffected: 41

H 2358 TAX; VALUATION; RENEWALENERGY EQUIPMENTEstablishes a formula for the Department of Revenueto determine the full cash value of taxable renewableenery equipment. First Sponsor: Rep. Fann ARSTitles Affected: 42

H 2359 TEENAGE DRIVERS;COMMUNICATION DEVICES PROHIBITEDFor the first six months that a class G driver licenseeholds the license, the licensee is prohibited fromdriving a motor vehicle while using a wireless com-munication device for any reason, except during anemergency in which stopping the vehicle is impossibleor will create an additional hazard. Does not applybeginning on the licensee’s 18th birthday. Instructionpermit holders for a class D or G driver license areprohibited from driving a motor vehicle while using awireless communication device for any reason, exceptduring an emergency in which stopping the vehicle isimpossible or will create an additional hazard.Effective July 1, 2015. First Sponsor: Rep. FannOther Sponsors: Rep. Borrelli, Rep. Brophy McGee,Rep. Cardenas, Rep. Coleman, Rep. Livingston, Sen.McComish, Rep. Peshlakai, Rep. Pratt, Rep. Saldate,Rep. Shope, Rep. Steele, ARS Titles Affected: 28

H 2360 DESIGN PROFESSIONALS;PAYMENTSFor the purpose of licensed contractor regulations, thedefinition of “subcontractor” is expanded to include a“design professional” (defined) providing design pro-fessional services in connection with a constructioncontract or a “design professional service contract”(defined). Statutes regulating progress payments byowner, performance and payment by contractor orsubcontractor, and contract suspension and termina-tion are expanded to include design professionals inaddition to contractors. First Sponsor: Rep. FannOther Sponsors: Rep. Gray, Rep. Shope, ARS TitlesAffected: 32

H 2361 WORKERS’ COMP; PROVIDERPAYMENTS; LIMITATIONSA workers’ compensation insurance carrier, self-insured employer or claims processing representativeis not responsible for payment of any workers’ com-pensation benefits unless the billings are received or acourt action for the payment of the billings is com-menced within 24 months from the date the servicewas rendered. Previously, a court action for the pay-ment was not considered. A subsequent billing or cor-rective billing does not restart the limitations period.First Sponsor: Rep. Fann ARS Titles Affected: 23

H 2362 DPS; SCHOOL BUS RULESOVERSIGHTThe Department of Public Safety, instead of theDepartment of Administration, is responsible fordeveloping rules for school buses. First Sponsor:Rep. Fann ARS Titles Affected: 28

H 2363 DRIVING ON SUSPENDED LICENSE;PENALTYIf a person who drives when the person’s privilege todrive was suspended for failure to pay a civil penaltyfor a traffic violation presents evidence to the courtthat the license has been reinstated, the court is author-ized to find the person responsible for a civil trafficviolation and impose a civil penalty of up to $250.First Sponsor: Rep. Boyer ARS Titles Affected: 28

H 2364 RANKED CHOICE VOTINGEstablishes a system of ranked choice voting,including methods for tabulating ranked choice votes.The list of capabilities a voting machine or devicemust have is expanded to include implementingranked choice voting when ranking for contests is pos-sible. First Sponsor: Rep. Mendez ARS TitlesAffected: 16

H 2365 DRUG POSSESSION; MEDICALASSISTANCE; PROBATIONThe court is required to place a person convicted ofpossession or use of a controlled substance or drugparaphernalia on probation if the court finds that evi-dence for the possession charge was obtained as aresult of the person seeking medical assistance forthemself or another person. If the person successfullycompletes probation, the court must automatically setaside the judgment of guilt. First Sponsor: Rep.Mendez Other Sponsors: Rep. Quezada, Rep.Saldate, Rep. Sherwood, Rep. Steele, ARS TitlesAffected: 13

H 2366 SUPPEMENTAL APPROP;LEGISLATORS; SUBPOENAS;REPRESENTATIONMakes a supplemental appropriation of $100,000 fromthe general fund in FY2013-14 to the Legislature to

provide legal representation to current and former leg-islators who are subject to a subpoena or other requestin a civil action for the production of documentsrelated to the member’s status as a legislator. Theappropriation cannot be used to provide legal repre-sentation relating to campaign documents. FirstSponsor: Rep. Tobin ARS Titles Affected: 41

H 2367 AHCCCS; ANNUAL WAIVERSUBMITTALSBy March 30 of each year, the AHCCCS Director isrequired to apply to the Centers for Medicare andMedicaid Services for waivers or amendments to thecurrent section 1115 waiver to allow Arizona to insti-tute a work requirement for all able-bodied adultsreceiving AHCCCS services, place a lifetime limit offive years of benefits on able-bodied adults, anddevelop and impose meaningful copayments to deterthe nonemergency use of emergency departments orambulance services. By April 1 of each year, theDirector is required to submit a letter confirming thesubmission of the waiver requests to the Governor andthe Legislature. First Sponsor: Rep. Tobin ARSTitles Affected: 36

H 2368 COMMUNITY SUPERVISION;EARNED RELEASE CREDITSFor felony offenses other than a serious offense orviolent or aggravated felony (defined elsewhere instatute), the term of community supervision followingimprisonment imposed by the court must be for aperiod equal to one day for every three days of thesentence, instead of one day for every seven days ofthe sentence, and the earned release credit for partici-pation in an eligible earned release credit class is oneday for every three days served, instead of one day forevery six days served. First Sponsor: Rep. GonzalesOther Sponsors: Rep. Saldate, ARS Titles Affected:13 41

H 2369 SCHOOLS; PROHIBITED COURSES;REPEALRepeals statute prohibiting school districts or charterschools from offering classes that promote the over-throw of the U.S. government, promote resentmenttoward a race or class of people, are designed prima-rily for students of a particular ethnic group or advo-cate ethnic solidarity. First Sponsor: Rep. GonzalesOther Sponsors: Rep. Alston, Rep. Cardenas, Rep.Gabaldon, Sen. Gallardo, Rep. Quezada, Rep. Saldate,Rep. Steele, ARS Titles Affected: 15

H 2370 CORRECTIONS DEPT; VISITOR FEEREPEALDeletes the authorization for the Department ofCorrections to establish by rule a one-time fee for con-ducting background checks on any person who entersa Dept facility to visit a prisoner. First Sponsor: Rep.Gonzales Other Sponsors: Rep. Saldate, ARS TitlesAffected: 41

H 2371 ABORTION; PERMITTEDPRACTICESThe Board of Nursing is no longer prohibited fromdeciding scope of practice relating to abortion.Physician assistants are no longer prohibited from pre-scribing, dispensing or administering prescriptionmedication intended to perform or induce an abortion.Statute prohibiting the use of telemedicine for abor-tions is repealed. First Sponsor: Rep. GonzalesOther Sponsors: Rep. Cardenas, Rep. Gabaldon, Sen.Gallardo, Rep. Steele, ARS Titles Affected: 32 36

H 2372 SENTENCING; MINIMUM &MAXIMUM TERMSModifies sentencing structure for various felonyoffenses. The sentences previously used as mitigatedsentence terms are established as the new minimumsentence, and those used as aggravated sentence termsare established as the new maximum sentence. Theterms mitigated and aggravated are no longer used,and the previous minimum and maximum sentencesare deleted. Increases the number of felony convic-tions necessary for a person to be sentenced as a repet-itive offender. Also changes sentencing for violationof parole for drug offenses. First Sponsor: Rep.Gonzales ARS Titles Affected: 13 31 41

H 2373 IMMIGRATION; LAWENFORCEMENT; REPEALRepeals the following statutes established by Laws2010, Chapter 113 (S1070): the prohibition on stateand local government agencies or governing bodiesrestricting the enforcement of federal immigrationlaw; the requirement for law enforcement officials todetermine the immigration status of a person at anylawful stop or arrest where reasonable suspicion existsthat the person is unlawfully present in the U.S.; pro-visions allowing law enforcement to arrest without

warrant any person the officer has probable cause tobelieve has committed a public offense that makes theperson removable from the U.S.; the defense ofentrapment for employers found to be employingunauthorized aliens; the establishment of willfulfailure to complete or carry an alien registration docu-ment, unlawful stopping to hire and pick up passen-gers for work, and unlawful application for employ-ment or employment by an unauthorized alien as class1 misdemeanors; the requirement that a vehicle drivenin furtherance of the illegal presence of an alien in theU.S. and in violation of a criminal offense be immobi-lized or impounded; and the establishment of theGang and Immigration Intelligence TeamEnforcement Mission (GIITEM) Fund. FirstSponsor: Rep. Gonzales Other Sponsors: Rep.Alston, Rep. Cardenas, Rep. Gabaldon, Sen. Gallardo,Rep. Quezada, Rep. Saldate, Rep. Steele, ARS TitlesAffected: 11 12 13 23 28 41

H 2374 PRISONERS; MEDICAL PAROLEAuthorizes the Board of Executive Clemency torelease a prisoner on medical parole under specifiedcircumstances, including an incapacitating physicalcondition or disease, with review and acceptance bythe Department of Corrections. Does not apply to pris-oners sentenced to death or natural life. FirstSponsor: Rep. Gonzales ARS Titles Affected: 31

H 2375 CHILD ABUSE; INVESTIGATIONPROTOCOLSThe protocols that county and local law enforcementare required to develop for investigations of allega-tions of criminal child abuse or neglect must includeprocedures and recommendations for the use of a“children’s advocacy center” (defined) for the investi-gation, prosecution and treatment of child abuse. FirstSponsor: Rep. Gonzales Other Sponsors: Rep.Saldate, ARS Titles Affected: 8

H 2376 PROHIBITION; TEXTING WHILEDRIVINGIt is a nonmoving civil traffic violation to use a hand-held wireless communication device to manuallywrite, send or read a written message while operatinga motor vehicle. Some exceptions. Violations are sub-ject to a civil penalty of $50 or $200 if the person isinvolved in a motor vehicle accident. Establishes awarning period from January 1, 2015 through January31, 2015. Effective January 1, 2015. First Sponsor:Rep. Steele Other Sponsors: Rep. Alston, Rep.Campbell, Rep. Cardenas, Rep. Hernandez, Rep.Fann, Rep. Gabaldon, Rep. Gallego, Rep. Hale, Sen.Hobbs, Rep. McCune Davis, Rep. Mendez, Rep.Meyer, Rep. Miranda, Rep. Orr, Sen. Pancrazi, Rep.Quezada, Rep. Saldate, Rep. Sherwood, Sen. Tovar,Rep. Wheeler, Sen. Begay, ARS Titles Affected: 28

H 2377 INCOME TAX BRACKETS;INFLATION INDEXFor tax year 2015, the Department of Revenue isrequired to adjust the income dollar amounts for eachindividual income tax rate bracket by the averageannual change in the metropolitan Phoenix consumerprice index. The revised dollar amounts must be raisedto the nearest whole dollar and cannot be revisedbelow the amounts prescribed in the prior tax year.First Sponsor: Rep. Olson ARS Titles Affected: 43

H 2378 MUNICIPAL TAXES & FEES;PROHIBITIONExcept as specifically provided in statute, municipali-ties are prohibited from levying or assessing a munici-pality-wide tax or fee against property owners basedon the size or value of the owner’s real property orimprovements for any public service provided by themunicipality. Retroactive to January 1, 2014. FirstSponsor: Rep. Olson Other Sponsors: Sen. Driggs,ARS Titles Affected: 9

H 2379 SPECIAL DISTRICTS; SECONDARYLEVY LIMITSBeginning in tax year 2014, the maximum amount ofthe secondary property tax levy for a county freelibrary district, county jail district, juvenile detentionfacilities district or public health services district is theamount of the levy in the preceding tax year, adjustedannually by the rate of change in the primary propertytax levy limit for the county in which the district islocated. First Sponsor: Rep. Olson ARS TitlesAffected: 48

H 2380 TAX LIENS; PRIORITYLiens or encumbrances held by the state are no longerprior and superior to property tax liens. FirstSponsor: Rep. Olson ARS Titles Affected: 42

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Page 13: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

H 2381 ASSIGNMENT OF TAX LIENSThe county treasurer in a county with a population ofmore than 900,000 (Maricopa County) is required toassign a tax lien against real property to a third party ifhe/she receives a written authorization from the prop-erty owner to assign the lien to the third party andpayment in the amount of the taxes, interest andpenalties due on the property. The property owner andthe third party are permitted to enter into an agreementfor payment of all amounts secured by the lien. Theassignment and payment agreement must be filed withthe county recorder and are prima facie evidence ofthe valid assignment of the lien. If the property ownerdefaults on the payment agreement, the assignee ofthe tax lien may foreclose. First Sponsor: Rep. OlsonARS Titles Affected: 42

H 2382 CONSPIRACY; HOMICIDE; STATUTEOF LIMITATIONA prosecution for any conspiracy to commit homicidemay be commenced at any time. First Sponsor: Rep.Olson ARS Titles Affected: 13

H 2383 MOTOR VEHICLE FRANCHISES;MOTORCYCLE DEALERSA motor vehicle franchisor is not required to sendnotice to other franchises if a proposed new motorvehicle dealership is a motorcycle dealer. FirstSponsor: Rep. Olson Other Sponsors: Rep. Boyer,Rep. E. Farnsworth, Rep. Livingston, Rep.Montenegro, Rep. Petersen, Rep. Seel, Rep. Smith,Rep. Thorpe, ARS Titles Affected: 28

H 2384 COMMUNITY COLLEGE SPECIALPLATESCommunity college districts are required to establish aseparate community college collegiate special platefund for each community college consisting of colle-giate plate annual donations. All monies in the fundmust be used only for academic scholarships.Community college districts are permitted to delegateto a community college foundation the right to marketand promote the purchase of collegiate special plates.First Sponsor: Rep. Olson ARS Titles Affected: 1528

H 2385 STATE AGENCIES; BUDGETSUBMISSIONBy September 1 of each year, each budget unit isrequired to submit to the Legislature a summary of allmonies that were spent by or passed through thebudget unit during the preceding fiscal year and anestimate of the monies projected to be spent or passedthrough for the current FY. The Legislature mustreduce the appropriation of each budget unit who failsto submit the summary by at least ten percent of thepreceding FY appropriation. First Sponsor: Rep.Olson ARS Titles Affected: 35

H 2386 SPECIAL DISTRICTS; ELECTIONS;FINANCING; LIMITSPublic bonds issued by a special taxing district estab-lished beginning July 1, 2014 must be included in thecalculation of the aggregate indebtedness of a county,municipality or municipal corporation that includesany portion of the special taxing district. Public bondsare prohibited from being issued by any entity that isnot governed by an elected governing body. Specifiedelection dates required for authorization of secondaryproperty taxes do not apply to an agriculturalimprovement district and do apply to any electionregarding the formation of a special taxing district.First Sponsor: Rep. Olson ARS Titles Affected: 1635 41

H 2387 IMPROVEMENT DISTRICTS;LIGHTING; STREETS; PARKSA county improvement district for lighting publicstreets and parks that is entirely annexed into a munic-ipality must be converted from a county improvementdistrict to a municipal improvement district on adop-tion of a resolution by the municipality, deliveringnotice of the resolution to the county board of supervi-sors and recording the resolution with the countyrecorder. First Sponsor: Rep. Ugenti ARS TitlesAffected: 48

H 2388 NEWBORN SCREENINGS; KRABBEDISEASEThe newborn screening program is required to includea test for Krabbe Disease. First Sponsor: Rep. UgentiOther Sponsors: Rep. Steele, ARS Titles Affected:36

H 2389 TECH CORRECTION; TPTMinor change in Title 42 (Taxation) related to transac-tion privilege tax. Apparent striker bus. FirstSponsor: Rep. Lesko ARS Titles Affected: 42

H 2390 REGIONALLY ACCREDITEDINSTITUTIONS; SPECIAL PLATESThe Department of Transportation is authorized toissue special regionally accredited institution of highereducation license plates if $32,000 in start-up costs ispaid by December 31, 2014 by an entity with at leastone university campus in Arizona. Of the $25 annualfee, $8 is an administrative fee and $17 is a donationto the newly established Regionally AccreditedInstitution of Higher Education Special Plate Fund, tobe allocated to a foundation of a regionally accreditedinstitution of higher education with at least one uni-versity campus in Arizona that has more than 2,000students residing on the campus. First Sponsor: Rep.Lesko Other Sponsors: Sen. Driggs, Rep. Fann, Rep.Gray, Rep. Larkin, Rep. Pratt, Rep. Shope, Sen.Worsley, Sen. Yee, ARS Titles Affected: 28

H 2391 SCHOOLS; TEST RESULTS;REPORT DATEThe deadline for the State Board of Education to pub-lish and distribute annual test result reports is movedto October 1, from September 1. First Sponsor: Rep.Lesko ARS Titles Affected: 15

H 2392 CHILD WELFARE; PLACEMENT;PRESCRIPTION DRUGSFor a child younger than five years of age who is instate custody, the Department of Economic Security isrequired approve the prescription of an antipsychoticor neuroleptic medication. Guidelines for approval areoutlined. Requires the Dept to request a waiver orauthorization from a federal agency if necessary forimplementation, and allows the Dept to delay imple-mentation until the waiver or authorization is granted.First Sponsor: Rep. Lesko ARS Titles Affected: 8

H 2393 TPT; USE TAX; FOUNDATIONSThe list of exemptions from use tax is expanded toinclude structural foundations employed in connectionwith manufacturing, refining, mining, telecommunica-tions, and various other activities used to meet orexceed rules or regulations adopted by the federalgovernment, the Department of EnvironmentalQuality or a political subdivision to prevent or controlland, water or air pollution. Also blends multipleenactments. First Sponsor: Rep. Lesko ARS TitlesAffected: 42

H 2394 WORKERS’ COMP; DEVIATIONRATEFor the purpose of calculating any workers’ compen-sation tax or assessment to be paid after 2015, a self-insured employer or workers’ compensation pool mustdetermine the deviation rate by either submitting itsunderwriting to the Industrial Commission forapproval or using an average of the deviation rate filedby the top three insurance carriers as measured bymarket share. First Sponsor: Rep. Lesko OtherSponsors: Sen. McComish, Rep. Petersen, ARSTitles Affected: 23

H 2395 PROPERTY TAX CALCULATIONS;SCHOOL DISTRICTSThe Property Tax Oversight Commission is givenoversight responsibility for school district property taxlevies and rates. The county school superintendent isrequired to recompute the equalization assistance foreducation for each school district, compute the addi-tional amount to be levied using property values pro-vided by the county assessor, and certify theseamounts by July 10 of each year to the Commission.First Sponsor: Rep. Lesko ARS Titles Affected: 1542

H 2396 VEHICLE WINDSHIELD TINTINGRegulations on materials or objects placed on wind-shields do not apply to windshields that have a sub-stance or material in conjunction with glazing materialthat has a light transmission of 33 percent plus orminus 3 percent and a luminous reflectance of 35 per-cent plus or minus 3 percent. First Sponsor: Rep.Dial ARS Titles Affected: 28

H 2397 U.S. CONSTITUTION; CONVENTION;DELEGATESA delegate from Arizona to a convention for pro-posing amendments for ratification to the U.S.Constitution is prohibited from voting to allow consid-eration of or to approve an amendment that variesfrom the exact text of the amendment contained in theArticle V application or is outside of the subjectmatter of any legislative instruction. Each delegateand alternate is required to take an oath swearing tothis requirement. A knowing violation of the oath is aclass 6 (lowest) felony. First Sponsor: Rep. DialARS Titles Affected: 16

H 2398 CHILD WELFARE; REPORTINGREQUIREMENTSThe semiannual child welfare report compiled by theDepartment of Economic Security must include thereason each unsubstantiated report of abuse was con-sidered unsubstantiated. First Sponsor: Rep. SaldateARS Titles Affected: 8

H 2399 PROSTITUTION; CHILDREN;TRAFFICKINGIt is a class 1 (highest) misdemeanor to knowinglyenter a house of prostitution or engage a prostitutionenterprise for the purpose of paying money or otherconsideration for sexual conduct. It is no longer aclass 1 misdemeanor to knowingly be an employee ata house of prostitution or prostitution enterprise. Aminor who is a victim of child prostitution cannot becharged with a violation of prostitution or child prosti-tution. First Sponsor: Rep. Saldate ARS TitlesAffected: 13

H 2400 PUBLIC RECORDS; ATTORNEYFEESThe court is prohibited from awarding attorney fees toa public officer or public body in an action underpublic records law. First Sponsor: Rep. Saldate ARSTitles Affected: 39

H 2401 CHILDREN; ASSESSMENT;INVESTIGATION PROTOCOLS; REPORTSThe list of people that Child Protective Servicesannual reports on child safety assessments and investi-gations must be transmitted to is expanded to includethe chairmen and members of the Senate and House ofRepresentatives Committees on Health or their suc-cessor committees, and the Attorney General. FirstSponsor: Rep. Robson ARS Titles Affected: 8

H 2402 MILITARY RETIREES; PENSIONEXCLUSION AMOUNTThe list of subtractions from Arizona gross income forincome tax purposes is modified to include benefits,annuities and pensions totaling up to $3,000 receivedfrom retired or retainer pay of the U.S. uniformedservices. This subtraction is in lieu of the subtractionallowed for a list of other retirement benefits whichcan be deducted in an amount totaling up to $2,500.Retroactive to tax years beginning January 1, 2014.First Sponsor: Rep. Stevens Other Sponsors: Rep.Barton, Sen. Burges, Rep. Cardenas, Sen. Crandell,Sen. Driggs, Rep. Fann, Rep. Gallego, Rep. Gowan,Sen. Griffin, Rep. Kavanagh, Rep. Kwasman, Rep.Livingston, Sen. McComish, Sen. McGuire, Sen.Melvin, Rep. Montenegro, Sen. Murphy, Sen. Reagan,Rep. Seel, Sen. Shooter, Rep. Smith, Rep. Thorpe,Sen. Ward, Sen. Worsley, Sen. Yarbrough, Sen. Yee,Sen. D. Farnsworth, ARS Titles Affected: 43

H 2403 STATE PARKS; DISABLEDVETERAN’S PASSThe Arizona State Parks Board is authorized to issue adisabled veteran’s pass at no charge to an Arizona res-ident who submits satisfactory evidence that theperson is a veteran with a service-connected disabilityof at least 30 percent. The pass must grant parkentrance to all state parks. First Sponsor: Rep.Stevens Other Sponsors: Rep. Barton, Sen. Burges,Rep. Cardenas, Sen. Crandell, Sen. Driggs, Rep. Fann,Rep. Gallego, Rep. Gowan, Sen. Griffin, Rep.Kavanagh, Rep. Kwasman, Rep. Livingston, Sen.McComish, Sen. McGuire, Sen. Melvin, Rep.Montenegro, Sen. Murphy, Sen. Reagan, Rep. Seel,Sen. Shooter, Rep. Smith, Rep. Thorpe, Sen. Ward,Sen. Worsley, Sen. Yarbrough, Sen. Yee, Sen. D.Farnsworth, ARS Titles Affected: 41

H 2404 AGENCIES; THIRD-PARTYELECTRONIC SERVICE PROVIDERSAny state agency is permitted to authorize any personto be a “third-party electronic service provider”(defined). Requirements for these providers are speci-fied. First Sponsor: Rep. Stevens Other Sponsors:Rep. Gowan, ARS Titles Affected: 41

H 2405 GOVERNMENT INFO TECH;AUTHENTICATED ACCOUNTSAny budget unit that allows a third party to have lim-ited access to raw data through networks is required toestablish authentication services to allow users to signin with a username and password. First Sponsor:Rep. Stevens Other Sponsors: Rep. Gowan, ARSTitles Affected: 41

H 2406 STATE COMPUTERS; NOTICEBeginning July 1, 2015, the Department ofAdministration must require budget units to provide anotice on every state owned or leased computer that issubstantially similar to a specified notice. The com-puter user must accept the terms and conditions of thenotice before logging in to the system. First Sponsor:

Rep. Stevens Other Sponsors: Rep. Gowan, Sen.Griffin, ARS Titles Affected: 41

H 2407 CAMPAIGN FINANCE; CENTRALFILINGS; ENFORCEMENTThe statements, designations and reports required tobe filed under campaign finance law are required to befiled with the Secretary of State for all candidates,instead of only candidates for statewide or legislativeoffices. Campaign finance reports are no longer filedwith county or municipal officers. The county attorneyis authorized to use enforcement authority otherwiseprescribed for the Attorney General for enforcementof campaign finance law violations referred to thecounty attorney. Due to voter protection, some sec-tions of this bill require the affirmative vote of at least3/4 of each house of the Legislature for passage. FirstSponsor: Rep. Stevens Other Sponsors: Rep.Gowan, Sen. Griffin, ARS Titles Affected: 15 16

H 2408 FINANCIAL DISCLOSURES;ELECTRONIC FILINGAnnual financial disclosures the public officers arerequired to file with the Secretary of State must befiled electronically. First Sponsor: Rep. StevensOther Sponsors: Rep. Gowan, Sen. Griffin, ARSTitles Affected: 38

H 2409 CANDIDATE SIGS; CHALLENGEPERIOD; SUPPLEMENTIf a candidate files supplemental petition signatures,any action challenging those signatures must be filedby 5:00 PM of the tenth business day after the day thatthe supplemental signatures are filed. First Sponsor:Rep. Stevens ARS Titles Affected: 16

H 2410 INFO TECH AUTHORIZATIONCOMMITTEE; MEMBERSHIPThe following members of the InformationTechnology Authorization Committee are permitted toappoint a designee for the Committee: four privateindustry members, two state agency directors, and twomembers from either private industry or state govern-ment. First Sponsor: Rep. Stevens Other Sponsors:Rep. Gowan, Sen. Griffin, ARS Titles Affected: 41

H 2411 SMALL-SCALE COMPUTINGSYSTEMSThe Dept of Administration is required to implement astudy of the state’s current use of and costs of small-scale computing systems and the potential cost sav-ings from and consequences of employing othersmall-scale computing systems that are available inthe marketplace. Various items that must be consid-ered in the study are specified. The Dept is alsorequired to study the number of public documents thatare available on the internet and the potential cost sav-ings that could be obtained by making more docu-ments available on the internet. By October 1, 2016,the Dept must report its findings and recommenda-tions to the Governor and the Legislature. FirstSponsor: Rep. Stevens Other Sponsors: Rep.Gowan, ARS Titles Affected: 41

H 2412 FIREARMS; SCHOOLS; SAFETYDESIGNEE PROGRAMEstablishes the Optional School Safety DesigneeProgram in the Attorney General’s office. TheAttorney General is required to provide training to aschool district or charter school employee who hasbeen approved and designated by the school board orcharter school governing body to store a firearm onthe school campus for the purpose of defending thecampus. Requirements for the Program are specified.The prohibition on the possession of firearms onschool grounds does not apply to a firearm possessedby a person who has completed the Program. The pro-gram terminates on July 1, 2024. First Sponsor: Rep.Stevens Other Sponsors: Rep. Gowan, ARS TitlesAffected: 13 41

H 2413 SCHOOLS; BONDING LEVELINCREASE; REPEALRepeals session law passed in 2011 that increased thelimitation on bonded indebtedness for common orunion high school districts to 10 percent of the dis-trict’s net assessed valuation (NAV) and for unifiedschool districts to 20 percent of the NAV for anybonds approved before April 15, 2011. First Sponsor:Rep. Stevens Other Sponsors: Rep. Gowan, Sen.Griffin, ARS Titles Affected: 13

H 2414 INFO TECH; PROFESSIONALDEVELOPMENT; STAFFThe Department of Administration is required to pro-vide direction for the professional development ofinformation technology staff of budget units andoversee the professional development of Dept staff.First Sponsor: Rep. Stevens ARS Titles Affected: 41

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Page 14: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

H 2415 INFORMATION TECHNOLOGY;INTEROPERABLE RADIOCOMMUNICATIONSFor the purpose of government information tech-nology statutes, the definition of “information tech-nology” is expanded to include interoperable radiocommunications systems. First Sponsor: Rep.Stevens ARS Titles Affected: 41

H 2416 UNCLAIMED PERSONALPROPERTY; DONATIONA municipality must retain unclaimed personal prop-erty in its custody for at least 100 days, increased from90 days, before donating the property to nonprofitcharitable organizations. First Sponsor: Rep. StevensARS Titles Affected: 9

H 2417 SANITARY DISTRICTS; BIDS;CONTRACTORThe board of directors of a sanitary district is per-mitted to adopt a resolution within 30 days after thetime fixed for opening bids, increased from 10 days,to order that the proposed contract not be entered intoand that the sanitary district perform the work itself.First Sponsor: Rep. Stevens ARS Titles Affected: 48

H 2418 TECH CORRECTION; PUBLICRECORDSMinor change in Title 41 (State Government) relatedto state finance. Apparent striker bus. First Sponsor:Rep. Stevens ARS Titles Affected: 41

H 2419 TECH CORRECTION; TAXEXEMPTIONMinor change in Title 35 (Public Finances) related toindustrial development bonds. Apparent striker bus.First Sponsor: Rep. Stevens ARS Titles Affected: 35

H 2420 TECH CORRECTION; REBATE SET-ASIDEMinor change in Title 35 (Public Finances) related tofederal income tax considerations. Apparent strikerbus. First Sponsor: Rep. Stevens ARS TitlesAffected: 35

H 2421 TECH CORRECTION; BONDCONTRACTSMinor change in Title 35 (Public Finance) related tostate bond contracts. Apparent striker bus. FirstSponsor: Rep. Stevens ARS Titles Affected: 35

H 2422 TECH CORRECTION; JOINTSCHOOL DISTRICTSMinor change in Title 15 (Education) related to jointcommon school districts. Apparent striker bus. FirstSponsor: Rep. Stevens ARS Titles Affected: 15

H 2423 TECH CORRECTION; RULEMAKING; NOTICEMinor change in Title 41 (State Government) relatedto notice of proposed rulemaking. Apparent strikerbus. First Sponsor: Rep. Stevens ARS TitlesAffected: 41

H 2424 TECH CORRECTION; VOTINGMACHINESMinor change in Title 16 (Elections) related to votingmachines. Apparent striker bus. First Sponsor: Rep.Stevens ARS Titles Affected: 16

H 2425 TECH CORRECTION; LOTTERY;MINORS; PROHIBITIONMinor change in Title 5 (Amusements and Sports)related to purchase of lottery tickets by minors.Apparent striker bus. First Sponsor: Rep. StevensARS Titles Affected: 5

H 2426 TECH CORRECTION; CHILDHEARING PROGRAMSMinor change in Title 36 (Public Health) related tochild hearing programs. Apparent striker bus. FirstSponsor: Rep. Stevens ARS Titles Affected: 36

H 2427 TECH CORRECTION; STATEBUILDINGS; DEFIBRILLATORSMinor change in Title 34 (Public Buildings) related todefibrillators in state buildings. Apparent striker bus.First Sponsor: Rep. Stevens ARS Titles Affected: 34

H 2428 APPROP; ADE; READING PROGRAMGRANTSAppropriates $500,000 from the general fund inFY2014-15 to the Department of Education to providegrants to school districts and charter schools to fundreading intensive programs. Grant requirements arespecified. First Sponsor: Rep. Cardenas OtherSponsors: Sen. Ableser, Rep. Alston, Rep. Barton,Rep. Borrelli, Sen. Bradley, Rep. Brophy McGee, Sen.Cajero Bedford, Rep. Campbell, Rep. Coleman, Rep.Contreras, Rep. Dalessandro, Rep. Hernandez, Sen.Driggs, Rep. Escamilla, Rep. Fann, Rep. Gabaldon,Sen. Gallardo, Rep. Gallego, Rep. Gonzales, Rep.Gray, Rep. Hale, Sen. Hobbs, Rep. Kavanagh, Sen.

Landrum Taylor, Rep. Larkin, Rep. Mach, Rep.McCune Davis, Sen. McGuire, Rep. Mendez, Rep.Meyer, Rep. Miranda, Rep. Orr, Rep. Otondo, Sen.Pancrazi, Rep. Peshlakai, Sen. S. Pierce, Rep. Pratt,Rep. Quezada, Rep. Saldate, Rep. Sherwood, Rep.Shope, Rep. Steele, Rep. Thorpe, Rep. Tobin, Sen.Tovar, Rep. Wheeler, Sen. Begay, Sen. D. Farnsworth,ARS Titles Affected: 15 41

H 2429 TECH CORRECTION; ABANDONEDVEHICLES; MONIESMinor change in Title 28 (Transportation) related toabandoned vehicle administration monies. Apparentstriker bus. First Sponsor: Rep. Fann ARS TitlesAffected: 28

H 2430 COMBINATION VEHICLES; SIZE;WEIGHT; LOADThe Department of Transportation or a local authorityis authorized to issue special permits for any combina-tion of truck/tractor/semitrailer if the overall length ofthe cargo carrying unit does not exceed 95 feet and theoverall gross weight of the vehicle combination doesnot exceed 129,000 pounds. Previously, the specialpermits could be issued for vehicle combinations of atruck or truck tractor, semitrailer and one full trailerthat did not exceed 111,000 of gross vehicle weight.Special permits may be issued for 30 days, in additionto the previously allowed one year. First Sponsor:Rep. Fann ARS Titles Affected: 28

H 2431 DOMESTIC FARM WINERIES;PRODUCTION CAPThe maximum amount of wine a domestic farmwinery may produce in a calendar year is changed toan unspecified amount (blank in original), instead of40,000 gallons. First Sponsor: Rep. Fann ARS TitlesAffected: 4

H 2432 TAX CREDIT; INSURANCE;INVESTMENT FUNDEstablishes an insurance premium tax credit forinvestments by the insurer in the newly establishedTechnology Business Investment Fund, to be adminis-tered by the Arizona Commerce authority to makeinvestments in technology businesses headquarteredin Arizona. If the amount of the credit exceeds tax lia-bility, the amount not used to offset the tax may becarried forward as a tax credit for up to 15 tax years.The credits must be approved by the Authority, andthe maximum amounts of credits the Authority mayapprove are specified. First Sponsor: Rep. ThorpeOther Sponsors: Rep. Borrelli, Rep. Brophy McGee,Rep. Cardenas, Rep. Contreras, Rep. Dial, Rep.Gowan, Rep. Livingston, Rep. Orr, Rep. Pratt, Rep.Saldate, Sen. Shooter, Rep. Shope, Rep. Stevens,ARS Titles Affected: 20 41

H 2433 CONVENTION; DELEGATES;LIMITATIONS; OATHA delegate from Arizona to a convention for pro-posing amendments for ratification to the U.S.Constitution are prohibited from voting to allow con-sideration of or to approve an amendment that is out-side of the subject matter of the Article V application,the call to an Article V convention or any legislativeinstruction. Each delegate and alternate is required totake an oath swearing to this requirement. A violationof the oath is a class 2 misdemeanor. First Sponsor:Rep. Thorpe Other Sponsors: Sen. Barto, Rep.Barton, Rep. Borrelli, Rep. Boyer, Sen. Burges, Sen.Crandell, Rep. Fann, Rep. Gowan, Sen. Griffin, Rep.Kwasman, Rep. Livingston, Sen. Melvin, Rep.Montenegro, Rep. Olson, Rep. Orr, Rep. Petersen,Rep. Seel, Sen. Shooter, Rep. Smith, Rep. Stevens,Rep. Townsend, Sen. Ward, Sen. D. Farnsworth, ARSTitles Affected: 1

H 2434 WATER INFRASTRUCTUREFINANCE AUTHORITY; REPORTThe deadline for the Water Infrastructure FinanceAuthority Board’s annual report to be submitted to theGovernor and the Legislature is moved to January 31,from January 1. First Sponsor: Rep. Thorpe ARSTitles Affected: 49

H 2435 TECH CORRECTION; FOODSTANDARDSMinor change in Title 36 (Public Health) related tofood control standards. Apparent striker bus. FirstSponsor: Rep. Thorpe ARS Titles Affected: 36

H 2436 FOOD HANDLER TRAINING;COURSES; CERTIFICATIONIf a county requires food handler training and certifi-cation for employment in the food service industry,the certification training course must be accredited bya national organization that develops training coursesand must address specified topics. A county-issuedfood handler certificate or identification card is valid

in any county that requires a certification or card.First Sponsor: Rep. Shope ARS Titles Affected: 11

H 2437 PUBLIC COMMITTEES; REPEAL;SUNSETThe statutory termination of July 1, 2016 for the StateCommission on Civic Education and CivicEngagement is repealed. Adds a termination date ofJuly 1, 2024 for the Compliance Advisory Panel andthe Education Commission of the States. Repeals theOrganizing Board for the Upper San Pedro WaterDistrict. First Sponsor: Rep. Gowan OtherSponsors: Sen. Biggs, Sen. Driggs, Rep. Gray, Sen.Griffin, Sen. McComish, Rep. Mesnard, Rep. Tobin,ARS Titles Affected: 41 48

H 2438 SCHOOLS; TRANSPORTINGDISTRICT CONVERSIONA qualified elector of a school district that has had lessthan 100 students enrolled for the past three years ispermitted to submit to the county school superin-tendent a petition signed by at least 10 percent of theelectors of the district requesting the superintendent tocall a special election to determine whether the schooldistrict should be converted into a “transportingschool district.” Procedures for the special election arespecified. If approved by the voters, the transportingschool district is required to transport its entire studentpopulation to one or more other school districts and isprohibited from educating any students in school facil-ities located in the transporting district. FirstSponsor: Rep. Gowan Other Sponsors: Sen. Griffin,Rep. Stevens, Rep. Thorpe, ARS Titles Affected: 15

H 2439 COSMETOLOGY; REGULATIONElectrolysis is no longer exempt from regulation bythe Board of Cosmetology. The minimum age for aperson to qualify for a cosmetologist, nail technician,aesthetician’s or instructor license is decreased to 16,from 23. Statute allowing aestheticians to performcosmetic laser procedures and specifying require-ments that the person must meet in order to performthose procedures are expanded to include cosmetolo-gists. A cosmetology school must be recognized as apostsecondary educational institution if the schooladmits only individuals who have earned a highschool diploma or equivalent or who are beyond theage of compusory education and the school is licensedby the Board to offer one or more training programsbeyond the secondary school level. First Sponsor:Rep. Gowan Other Sponsors: Rep. Cardenas, Rep.Forese, Rep. Gray, Rep. Livingston, Rep.Montenegro, Rep. Orr, Rep. Stevens, Rep. Thorpe,ARS Titles Affected: 32

H 2440 GAMBLING; RAFFLEMANAGEMENT; SALES; OPERATIONSState agencies are authorized to participate directly orindirectly in the management, sales or operation of araffle if the net proceeds of the raffle return to the stateagency or one of the agency’s programs. FirstSponsor: Rep. Gowan Other Sponsors: Rep.Contreras, Sen. Griffin, Rep. Kwasman, Rep. Larkin,Rep. Livingston, Rep. Orr, Sen. Pancrazi, Sen. S.Pierce, Rep. Pratt, Rep. Shope, Rep. Smith, Rep.Stevens, Rep. Thorpe, ARS Titles Affected: 13

H 2441 LINE SITING COMMITTEE;MEMBERSHIPThe State Land Comissioner and the Director of theGame and Fish Commission or their designees areadded to the membership of the Power Plant andTransmission Line Siting Committee. First Sponsor:Rep. Gowan Other Sponsors: Rep. Livingston, Rep.Orr, Sen. S. Pierce, Rep. Pratt, Rep. Shope, Rep.Smith, Rep. Stevens, Rep. Thorpe, ARS TitlesAffected: 40

H 2442 AIR QUALITY; BEGIN ACTUALCONSTRUCTIONFor the purpose of air quality regulations, the defini-tion of “begin actual construction” is modified.Deletes the conditional enactment of 2010 amend-ments to air quality regulation definitions, retroactiveto October 1, 2013. First Sponsor: Rep. GowanOther Sponsors: Sen. Griffin, Rep. Shope, Rep.Stevens, Rep. Thorpe, ARS Titles Affected: 49

H 2443 HUNTING & FISHING LICENSES;MILITARYAny active duty member of the U.S. armed forces sta-tioned in Arizona for either permanent or temporaryduty is permitted to purchase a residential license per-mitting the taking of wildlife. Previously, the memberwas required to be stationed in Arizona for a period of30 days immediately preceding the date of applicationfor the license. First Sponsor: Rep. Gowan OtherSponsors: Rep. Borrelli, Rep. Contreras, Sen. Griffin,Rep. Kwasman, Rep. Larkin, Rep. Livingston, Rep.

Orr, Sen. Pancrazi, Sen. S. Pierce, Rep. Pratt, Rep.Shope, Rep. Smith, Rep. Stevens, Rep. Thorpe, ARSTitles Affected: 17

H 2444 FIREFIGHTER SPECIAL PLATESThe Department of Transportation is authorized toissue special firefighter license plates if a person pays$32,000 in start-up costs by December 31, 2013. Ofthe $25 annual fee, $8 is an administrative fee and $17is a donation to the newly established FirefighterSpecial Plate Fund, to be allocated to a nonprofit cor-poration that has a mission of leading, serving andcollaborating to mobilize enduring philanthropy for abetter state. First Sponsor: Rep. Gowan OtherSponsors: Rep. Borrelli, Rep. Cardenas, Rep.Contreras, Sen. Griffin, Rep. Larkin, Rep. Livingston,Rep. Montenegro, Rep. Orr, Sen. Pancrazi, Rep. Pratt,Rep. Shope, Rep. Stevens, Rep. Thorpe, ARS TitlesAffected: 28

H 2445 RESTORATION; RIGHTS; OTHERJURISDICTIONSThe presiding judge of the superior court in the countywhere the person now resides may restore a person’scivil rights that were lost or suspended in a jurisdic-tion outside of Arizona. First Sponsor: Rep. GowanARS Titles Affected: 13

H 2446 SCRAP METAL SELLERS; AGEREQUIREMENTScrap metal sellers are required to be at least 17 yearsof age, increased from 16. First Sponsor: Rep.Gowan ARS Titles Affected: 44

H 2447 CRIMINAL RESTITUTION WRITS;TIME LIMITThe garnishee is required to answer a writ of criminalrestitution in the court issuing the writ within sevendays, decreased from ten days, after being served.First Sponsor: Rep. Gowan ARS Titles Affected: 13

H 2448 TECH CORRECTION; LEGALOPINIONS; SCHOOLSMinor change in Title 15 (Education) related to legalopinions on school matters. Apparent striker bus. FirstSponsor: Rep. Gowan ARS Titles Affected: 15

H 2449 TECH CORRECTION; DECEPTIVEMAILINGSMinor change in Title 19 (Initiative, Referendum andRecall) related to deceptive mailings. Apparent strikerbus. First Sponsor: Rep. Gowan ARS TitlesAffected: 19

H 2450 TECH CORRECTION; PREPAIDLEGAL INSURANCEMinor change in Title 20 (Insurance) related to pre-paid legal insurance contracts. Apparent striker bus.First Sponsor: Rep. Gowan ARS Titles Affected: 20

H 2451 TECH CORRECTION; OVERTAKINGBICYCLESMinor change in Title 28 (Transportation) related toovertaking bicycles. Apparent striker bus. FirstSponsor: Rep. Gowan ARS Titles Affected: 28

H 2452 TECH CORRECTION; BONDS; TAXCONSIDERATIONSMinor change in Title 35 (Public Finances) related tofederal income tax considerations. Apparent strikerbus. First Sponsor: Rep. Gowan ARS TitlesAffected: 35

H 2453 SYNTHETIC DRUGS; REPORTINGFor the purpose of the Criminal Code, the definitionsof “dangerous drug” and “narcotic drugs” areexpanded to include specified substances. An entitywho sells or otherwise furnishes any precursor chem-ical or regulated chemical to any person in Arizonaand is required transactions to report to a federalagency is no longer required to submit a report of thetransactions to the Department of Public Safety.Emergency clause. First Sponsor: Rep. E.Farnsworth ARS Titles Affected: 13

H 2454 HUMAN TRAFFICKING;PROSTITUTIONVarious changes relating to human trafficking. Forcases where the minor is 15, 16 or 17 years of age, theminimum, presumptive and maximum sentences areincreased for a person who commits child prostitutionby causing a minor to engage in prostitution orfinancing, controlling or owning prostitution activityinvolving a minor. It is child prostitution to engage inprostitution with a minor who the person should haveknown, instead of only who the person knows, is 15,16 or 17 years of age. The list of acts constitutingaggravating circumstances for sentencing felony sextrafficking is expanded to include that the defendantrecruited, enticed or obtained the victim from a shelter

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Page 15: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

designed to serve victims of human trafficking,domestic violence or sexual assault, or runaways,foster children or the homeless. Child prostitution, sextrafficking, and trafficking of persons for forced laboror services are added to the list of acts that constituteracketeering. If a person committed acts of prostitu-tion as a direct result of being a victim of sex traf-ficking, it is an affirmative defense to prosecution forprostitution. First Sponsor: Rep. E. Farnsworth ARSTitles Affected: 13

H 2455 WORKERS’ COMPENSATIONINSURANCE; CLAIM PROCESSINGThe remedies specified in statute are the sole andexclusive administrative and judicial remedies avail-able for all complaints and causes of action arising outof workers’ compensation claim processing. In orderto award a claimant a benefit penalty, the IndustrialCommission must find that the claimant sustainedeconomic damage or greater permanent disability as aresult of the wrongful claim processing. Establishescivil penalties that the Commission may impose incases of wrongful claim processing, and factors theCommission must consider in assessing an appropriatepenalty. First Sponsor: Rep. E. Farnsworth ARSTitles Affected: 23

H 2456 RULEMAKING; RESTRICTIONSState agencies are prohibited from adopting any newrule that would increase existing regulatory restraintsor burdens on the free exercise of property rights orthe freedom to engage in an otherwise lawful businessor occupation, unless the rule is a component of acomprehensive effort to reduce regulatory restraints orburdens or is strictly ministerial in implementing leg-islation standards. Any person subject to a civil orcriminal proceeding arising from the enforcement of arule in violation has a defense to the enforcementaction. First Sponsor: Rep. E. Farnsworth ARSTitles Affected: 41

H 2457 MENTAL HEALTH; VETERANSCOURTS; ESTABLISHMENTThe presiding judge of the superior court in eachcounty is authorized to establish a veterans court andmental health court. The judge must establish the eli-gibility criteria for referral to these courts. FirstSponsor: Rep. E. Farnsworth ARS Titles Affected:22

H 2458 BUILDING PERMITS; PROPERTYRIGHTS; WAIVERMunicipalities are prohibited from requesting orrequiring a person who applies for or receives abuilding permit to waive any right the person maypossess under the Private Property Rights ProtectionAct. First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 9

H 2459 CONSPIRACY; HOMICIDE; STATUTEOF LIMITATIONA prosecution for any conspiracy to commit homicidemay be commenced at any time. First Sponsor: Rep.E. Farnsworth ARS Titles Affected: 13

H 2460 PROBATION; COMMUNITYSUPERVISION; SEARCH; SEIZUREThe court is prohibited from placing a defendant whois convicted of a felony offense on probation unlessthe defendant agrees in writing to allow a peaceofficer, with or without a warrant, to conduct a searchor seizure of the person based on reasonable suspicionat any time of the day or night. Prior to releasing aprisoner to a term of community supervision, theDepartment of Corrections must require the prisonerto agree in writing offense on probation unless thedefendant agrees in writing to allow a peace officer,with or without a warrant, to conduct a search orseizure of the person based on reasonable suspicion atany time of the day or night. First Sponsor: Rep. E.Farnsworth ARS Titles Affected: 13 41

H 2461 PROBATION OFFICERS;AUTHORITYStatute allowing probation officers to serve warrants,make arrests and bring persons before the court applyin all counties, instead of only in counties with a pop-ulation of more than 2 million (Maricopa County).First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 12

H 2462 LIFE SENTENCE; PAROLEELIGIBILITYA person who was convicted of murder for an offensecommitted before August 8, 1973 and who was sen-tenced to life in prison is eligible for parole afterserving 25 calendar years. Within 30 days after theeffective date of this legislation, the Department ofCorrections is required to notify all persons who areeligible for parole under this legislation. Contains a

legislative intent section. Emergency clause. FirstSponsor: Rep. E. Farnsworth ARS Titles Affected:13

H 2463 ARIZONA SENTENCINGCOMMISSIONEstablishes the Arizona Sentencing Commission tocollect data and evaluate the effectiveness ofArizona’s sentencing practices and policies.Commission membership, initial terms, and powersand duties are specified. The Commission is requiredto annually submit a report to the chairpersons of theJudiciary Committees of the House of Representativesand the Senate. The Commission terminates on July 1,2024. First Sponsor: Rep. E. Farnsworth ARS TitlesAffected: 41

H 2464 CAPITAL GAINS; TAX; PHASE OUTThe following amounts of capital gain included in fed-eral adjusted gross income are subtracted fromArizona individual and corporate income taxes: 40percent of net capital gain in tax year 2016, rr percentin tax year 2017, 70 percent in tax year 2018, 85 per-cent in tax year 2019, and 100 percent beginning intax year 2020. First Sponsor: Rep. Mesnard OtherSponsors: Rep. Allen, Rep. Borrelli, Rep. Boyer, Rep.Fann, Rep. E. Farnsworth, Rep. Forese, Rep. Gowan,Rep. Gray, Rep. Kwasman, Rep. Livingston, Rep.Lovas, Rep. Mitchell, Rep. Montenegro, Rep. Olson,Rep. Orr, Rep. Petersen, Rep. J. Pierce, Rep. Shope,Rep. Smith, Rep. Thorpe, Rep. Tobin, Rep. Ugenti,Sen. Ward, Sen. Yarbrough, Sen. Yee, ARS TitlesAffected: 43

H 2465 ONLINE TPT; INCOME TAXREDUCTIONThe Department of Revenue is required to determinethe amount of additional revenue collected during thefirst full taxable year following the date the Deptbegins collecting, as a result of a “qualifying federallaw” (defined), transaction privilege and use taxesfrom out-of-state retailers on purchases made byArizona residents. After the Dept makes this determi-nation, the Dept is required to determine the amountthat individual income taxes may be reduced in thefollowing tax year in order to decrease individualincome tax revenue by the amount of TPT collected.The Dept must certify these determinations to theGovernor and the Legislature and must specify in thecertification that the new tax rates take effect in thefollowing tax year. First Sponsor: Rep. MesnardOther Sponsors: Rep. Borrelli, Rep. Dial, Rep. E.Farnsworth, Rep. Gray, Rep. Kwasman, Rep. Lesko,Rep. Livingston, Rep. Lovas, Rep. Mitchell, Rep.Montenegro, Rep. Orr, Rep. J. Pierce, Rep. Shope,Rep. Smith, Rep. Thorpe, Rep. Tobin, Sen. Ward, Sen.Yee, ARS Titles Affected: 43

H 2466 LEGISLATIVE SESSION;ADJOURNMENTThe Legislature is required to adjourn sine die eachregular session by May 1 of each year. First Sponsor:Rep. Mesnard Other Sponsors: Rep. Barton, Rep.Borrelli, Rep. Boyer, Rep. Fann, Rep. Forese, Rep.Gray, Rep. Lovas, Rep. Mitchell, Rep. Olson, Rep. J.Pierce, Rep. Shope, Rep. Thorpe, ARS TitlesAffected: 41

H 2467 CONFIDENTIAL TAX INFO; TAXCREDITSLegislative staff is added to the list of persons towhom the Department of Revenue may disclose statis-tical information gathered from confidential tax infor-mation. First Sponsor: Rep. Mesnard ARS TitlesAffected: 42

H 2468 CAMPAIGNS; INDEPENDENTEXPENDITURES; COORDINATEDCOMMUNICATIONSFor the purpose of campaign finance regulations, anexpenditure is not an independent expenditure if itwould constitute a coordinated communication asdefined in federal law. Deletes a list of circumstancesthat were previously used to determine that an expen-diture was not an independent expenditure. FirstSponsor: Rep. Mesnard ARS Titles Affected: 16

H 2469 TECH CORRECTION; ESTATESMinor change in Title 14 (Trusts and Estates) relatedto estates. Apparent striker bus. First Sponsor: Rep.Mesnard ARS Titles Affected: 14

H 2470 TECH CORRECTION; SCHOOLDISTRICT BOARDSMinor change in Title 15 (Education) related to schooldistrict governing boards. Apparent striker bus. FirstSponsor: Rep. Mesnard ARS Titles Affected: 15

H 2471 TECH CORRECTION; FALSECLAIMS; AGRICULTUREMinor change in Title 3 (Agriculture) related to falseclaims. Apparent striker bus. First Sponsor: Rep.Mesnard ARS Titles Affected: 3

H 2472 TECH CORRECTION; SMITH-LEVERACTMinor change in Title 3 (Agriculture) related to theSmith-Lever Act. Apparent striker bus. FirstSponsor: Rep. Mesnard ARS Titles Affected: 3

H 2473 TECH CORRECTION;AGRICULTURAL EXTENSIONMinor change in Title 3 (Agriculture) related to agri-cultural extension work. Apparent striker bus. FirstSponsor: Rep. Mesnard ARS Titles Affected: 3

H 2474 MARIJUANA; SENTENCE; CIVILPENALTY; FINESReduces the criminal classification for possession oruse of marijuana with a specified weight as follows:less than one ounce is subject to a civil penalty of upto $100, from a class 6 (lowest) felony; at least oneounce but less than two pounds is reduced to a pettyoffense, from a class 6 felony; two pounds or more toa class 3 (mid-level) misdemeanor, from either a class4 or 5 felony. Reduces the criminal classification forimporting, transporting for sale or selling marijuanawith a specified weight as follows: less than twopounds to a class 3 misdemeanor, from a class 5(second-lowest) felony; at least two pounds but lessthan four pounds to a class 6 felony, from a class 4felony; more than four pounds to a class 5 felony,from a class 3 felony. The court must order a juvenilewho is adjudicated delinquent for a first violation ofthese marijuana related violations to complete at least10 hours of community restitution in lieu of otherpenalties. If the community restitution is not completewithin one year, the juvenile is subject to all otherpenalties prescribed by law. First Sponsor: Rep.Cardenas Other Sponsors: Rep. Alston, Rep.Campbell, Rep. Dalessandro, Rep. Gabaldon, Rep.Gallego, Rep. Gonzales, Rep. Mendez, Sen. Pancrazi,Rep. Quezada, Rep. Saldate, Rep. Steele, Rep.Wheeler, ARS Titles Affected: 13 41

H 2475 TAX CREDITS; VETERANSFor tax years 2014 through 2016, an individual andcorporate income tax credit is established for a tax-payer who hires an employee who is a veteran of theU.S. armed forces and who is collecting unemploy-ment benefits at the time of hiring, if the employee’scompensation is at least equal to the median annualwage in Arizona. The amount of the credit is thelowest of either 10 percent of the employee’s salary,$1,200 for an employee, or $2,400 for an employeewith a specified disability. If the amount of the creditexceeds taxes due, the taxpayer may carry forward theunused amount for up to five consecutive taxableyears. The tax credits self-repeal on January 1, 2017.Effective January 1, 2015, the Department ofAdministration is required to establish a veteran-owned business participation goal of awarding stateprocurement contracts to veteran-owned businesses.The goal applies to the overall dollar amount spenteach year on state procurement contracts, and must beat least 1.5 percent during the first year and increase to3 percent or more for every year after. First Sponsor:Rep. Cardenas Other Sponsors: Rep. Alston, Rep.Borrelli, Rep. Campbell, Rep. Carter, Rep. Contreras,Rep. Dalessandro, Rep. Hernandez, Rep. Escamilla,Sen. Farley, Rep. Gabaldon, Rep. Gallego, Rep.Gonzales, Rep. Gowan, Rep. Hale, Rep. Larkin, Rep.Lesko, Rep. Livingston, Sen. McGuire, Rep. Mendez,Sen. Meza, Rep. Miranda, Rep. J. Pierce, Rep.Quezada, Rep. Saldate, Rep. Sherwood, Rep. Shope,Rep. Steele, Rep. Thorpe, Sen. Tovar, Rep. Wheeler,ARS Titles Affected: 41 43

H 2476 LABOR ORGANIZATIONS;WITHHOLDING OF WAGESThe state, counties, municipalities, school districts andother political subdivisions are prohibited fromdiverting any portion of an employee’s wages to payfor labor organization dues unless the employer has aprior written authorization from the employee dated inthe same tax year as the date of withholding. FirstSponsor: Rep. Kwasman Other Sponsors: Rep.Allen, Rep. E. Farnsworth, Rep. Livingston, Rep.Mitchell, Rep. Olson, Rep. Petersen, Rep. Seel, Rep.Smith, Rep. Thorpe, Rep. Ugenti, ARS TitlesAffected: 23

H 2477 HOAS; TRANSFER FEES;EXEMPTIONHomeowners and condo associations are prohibitedfrom charging a fee for a transfer of property if the

parties to a transaction can conclusively demonstratethat the conveyance of property is exempt fromrecording an affidavit of value for specified reasons.First Sponsor: Rep. Petersen Other Sponsors: Sen.Barto, Rep. Barton, Rep. Borrelli, Rep. Boyer, Rep.Coleman, Rep. Gowan, Rep. Kavanagh, Rep.Livingston, Rep. Lovas, Sen. Melvin, Rep. Mitchell,Rep. Montenegro, Rep. Olson, Rep. Shope, Rep.Smith, Rep. Thorpe, Rep. Ugenti, Sen. Worsley, Sen.D. Farnsworth, ARS Titles Affected: 33

H 2478 TAX CREDIT; PUBLIC SCHOOLSBeginning in tax year 2014, the maximum amount ofthe individual income tax credit for contributions to apublic school for the support of extracurricular activi-ties or character education programs is increased to$300 for a single individual and $600 for a marriedcouple filing jointly, from $200 for a single individualand $400 for a married couple filing jointly. FirstSponsor: Rep. Cardenas Other Sponsors: Rep.Alston, Rep. Borrelli, Rep. Campbell, Rep. Contreras,Rep. Hernandez, Rep. Escamilla, Sen. Farley, Rep.Gabaldon, Rep. Gallego, Rep. Gonzales, Rep. Hale,Rep. Larkin, Rep. Livingston, Sen. McGuire, Sen.Meza, Rep. Miranda, Rep. Orr, Rep. Otondo, Rep.Petersen, Rep. Quezada, Rep. Saldate, Rep.Sherwood, Rep. Steele, Rep. Thorpe, Sen. Tovar, Rep.Wheeler, ARS Titles Affected: 43

HCM 2001 POWS; MIAS; CONGRESSIONALCOMMITTEEThe House of Representatives states it is fitting andproper that the U.S. attempt to determine the fate ofmembers of the American Armed Forces who weretaken prisoner or who went missing from various warmissions, and urges Congress to establish a SelectCommittee on POW and MIA Affairs in the U.S.House of Representatives. The Secretary of State isdirected to transmit copies of this memorial to thePresident of the U.S. Senate, the Speaker of the U.S.House and each member of Congress from Arizona.First Sponsor: Rep. Borrelli Other Sponsors: Rep.Boyer, Rep. Goodale, Sen. D. Farnsworth, ARSTitles Affected: 41

HCM 2002 NAVAJO CODE TALKER TRAIL;HIGHWAYThe Legislature urges the Department ofTransportation to designate the portion of Interstate 40located between the New Mexico state line andFlagstaff as the “Navajo Code Talker Trail.” TheSecretary of State is directed to transmit copies of thismemorial to the Dept and the President of the NavajoNation. First Sponsor: Rep. Peshlakai OtherSponsors: Rep. Contreras, Rep. Dalessandro, Rep.Fann, Rep. Gabaldon, Rep. Gallego, Rep. Gonzales,Rep. Hale, Rep. Larkin, Rep. Mach, Rep. Miranda,Rep. Saldate, Rep. Steele, Rep. Wheeler, Sen. Begay,ARS Titles Affected: 41

HCM 2003 NATIVE AMERICAN CODETALKER HIGHWAYThe Legislature urges the Department ofTransportation to designate the portion of StateHighway 264 located between Tuba City and WindowRock as the “Native American Code Talker Highway.”The Secretary of State is directed to transmit copies ofthis memorial to the Dept and the President of theNavajo Nation. First Sponsor: Rep. Peshlakai OtherSponsors: Rep. Contreras, Rep. Dalessandro, Rep.Fann, Rep. Gabaldon, Rep. Gallego, Rep. Gonzales,Rep. Hale, Rep. Larkin, Rep. Mach, Rep. Miranda,Rep. Saldate, Rep. Steele, Rep. Wheeler, Sen. Begay,ARS Titles Affected: 41

HCM 2004 NATIVE AMERICAN WOMENVETERANS HIGHWAYThe Legislature urges the Department ofTransportation to designate the portion of U.S. Route160 located between the New Mexico state line andthe junction of U.S. Route 89 as the “Native AmericanWomen Veterans Highway.” The Secretary of State isdirected to transmit copies of this memorial to theDept and the President of the Navajo Nation. FirstSponsor: Rep. Peshlakai Other Sponsors: Rep.Contreras, Rep. Dalessandro, Rep. Fann, Rep.Gabaldon, Rep. Gallego, Rep. Gonzales, Rep. Hale,Rep. Larkin, Rep. Miranda, Rep. Saldate, Rep. Steele,Rep. Wheeler, Sen. Begay, ARS Titles Affected: 41

HCM 2005 NATIVE AMERICAN VETERANSHIGHWAYThe Legislature urges the Department ofTransportation to designate the portion of U.S. Route89 located between the Utah state line and Flagstaff asthe “Native American Veterans Highway.” TheSecretary of State is directed to transmit copies of this

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Page 16: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

memorial to the Dept and the President of the NavajoNation. First Sponsor: Rep. Peshlakai OtherSponsors: Rep. Contreras, Rep. Dalessandro, Rep.Fann, Rep. Gabaldon, Rep. Gallego, Rep. Gonzales,Rep. Hale, Rep. Larkin, Rep. Miranda, Rep. Saldate,Rep. Steele, Rep. Wheeler, Sen. Begay, ARS TitlesAffected: 41

HCM 2006 URGING EXTENSION;RATIFICATION DEADLINE; ERAThe Legislature urges the U.S. Congress to removethe Equal Rights Amendment ratification deadline onthe national level. The Secretary of State is directed totransmit copies of this memorial to the President ofthe U.S. Senate, the Speaker of the U.S. House andeach member of Congress from Arizona. FirstSponsor: Rep. Steele Other Sponsors: Rep. Alston,Rep. Campbell, Rep. Cardenas, Rep. Hernandez, Rep.Fann, Rep. Gabaldon, Rep. Gallego, Sen. Hobbs, Rep.McCune Davis, Rep. Mendez, Rep. Meyer, Sen.Pancrazi, Rep. Quezada, Rep. Saldate, Sen. Tovar,Rep. Townsend, Rep. Wheeler, Sen. Begay, ARSTitles Affected: 99

HCM 2007 TECH CORRECTION; DEPT OFAGRICULTUREThe Legislature urges the U.S. Department ofAgriculture to take unspecified action (blank in orig-inal). Apparent striker bus. First Sponsor: Rep.Gowan ARS Titles Affected: 99

HCM 2008 TECH CORRECTION; URGINGTHE PRESIDENTThe Legislature urges the President of the U.S. to takeunspecified action (blank in original). Apparent strikerbus. First Sponsor: Rep. Gowan ARS TitlesAffected: 99

HCM 2009 TECH CORRECTION;MEMORIAL; URGING CONGRESSThe Legislature urges the U.S. Congress to takeunspecified action (blank in original). Apparent strikerbus. First Sponsor: Rep. Gowan ARS TitlesAffected: 99

HCR 2001 PUBLIC RETIREMENT SYSTEMSThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution to pro-vide that the Constitutional provision prohibitingpublic retirement system benefits from being dimin-ished or impaired does not prohibit increases inmember contributions or reductions in member bene-fits that are consistent with generally accepted actu-arial standards and that are in the interest of the finan-cial stability of the system. First Sponsor: Rep.Kavanagh ARS Titles Affected: 98

HCR 2002 DEATH RESOLUTION; BENMIRANDAThe members of the Legislature sincerely regret thepassing of former Representative Ben Miranda andextend their deepest sympathies to his family andfriends. First Sponsor: Rep. Miranda OtherSponsors: Sen. Ableser, Rep. Allen, Rep. Alston, Sen.Barto, Sen. Biggs, Rep. Borrelli, Rep. Boyer, Sen.Bradley, Rep. Brophy McGee, Sen. Burges, Sen.Cajero Bedford, Rep. Campbell, Rep. Cardenas, Rep.Coleman, Rep. Contreras, Sen. Crandell, Rep.Dalessandro, Rep. Hernandez, Sen. Driggs, Rep.Escamilla, Rep. Fann, Sen. Farley, Rep. Forese, Rep.Gabaldon, Rep. Gonzales, Rep. Gowan, Rep. Hale,Sen. Hobbs, Rep. Kavanagh, Sen. Landrum Taylor,Rep. Larkin, Rep. Lesko, Rep. Livingston, Rep.Mach, Rep. McCune Davis, Sen. McGuire, Rep.Mesnard, Sen. Meza, Sen. Murphy, Rep. Orr, Rep.Otondo, Sen. Pancrazi, Rep. Peshlakai, Rep. Petersen,Rep. J. Pierce, Rep. Quezada, Sen. Reagan, Rep.Robson, Rep. Saldate, Rep. Seel, Rep. Shope, Rep.Smith, Rep. Steele, Rep. Thorpe, Rep. Tobin, Sen.Tovar, Rep. Townsend, Rep. Ugenti, Sen. Ward, Rep.Wheeler, Sen. Yee, Sen. Begay, Sen. D. Farnsworth,ARS Titles Affected: 99

HCR 2003 EARLY CHILDHOOD FUND;PROTECTIVE SERVICESThe 2014 general election ballot is to carry the ques-tion of whether to amend state statute to require atleast 25 percent of the monies expended in each fiscalyear from the Program Account of the EarlyChildhood Education Development and Health Fundto be used to fund programs and services for childrenin the Child Protective Services program and theirfamilies. First Sponsor: Rep. Kavanagh ARS TitlesAffected: 99

HCR 2004 LEGISLATORS; ARRESTPRIVILEGE; REPEALThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution torepeal the provision making members of the

Legislature privileged from arrest in all cases excepttreason, felony and breach of the peace. FirstSponsor: Rep. Quezada Other Sponsors: Rep.Cardenas, Rep. Dalessandro, Sen. Gallardo, ARSTitles Affected: 98

HCR 2005 INVESTIGATIONAL DRUGS;BIOLOGICAL PRODUCTS; DEVICESThe 2014 general election ballot is to carry the ques-tion of whether to amend state statute to enact aTerminal Patients’ Compassionate Care Act allowingdrug manufacturers to make investigational drugs,biological products or devices available to “eligiblepatients” (defined). Severability clause. FirstSponsor: Rep. Lovas Other Sponsors: Rep. Allen,Rep. Borrelli, Rep. Boyer, Rep. Brophy McGee, Rep.Cardenas, Rep. Dial, Rep. Forese, Rep. Kwasman,Rep. Lesko, Rep. Livingston, Rep. Mesnard, Rep. Orr,Rep. Otondo, Rep. Petersen, Rep. Seel, Rep. Shope,Rep. Townsend, Rep. Wheeler, ARS Titles Affected:99

HCR 2006 HOPI & USPHS; SMOKE-FREEWORKPLACESThe members of the Legislature acknowledge theleadership of the Hopi Tribe and the U.S. PublicHealth Service in initiating the smoke-free movementin hospitals and workplaces. First Sponsor: Rep.Hale Other Sponsors: Sen. Biggs, Rep. Hernandez,Rep. Gallego, Rep. Gonzales, Rep. Otondo, Rep.Saldate, Rep. Steele, Rep. Wheeler, ARS TitlesAffected: 99

HCR 2007 HEALTH CARE EXCHANGE;PROHIBITIONThe 2014 general election ballot is to carry the ques-tion of whether to amend state statute to prohibit thestate from establishing or administering a state-basedhealth care exchange. First Sponsor: Rep. Seel ARSTitles Affected: 97

HCR 2008 AHCCCS; EXPANSION;PROHIBITIONThe 2014 general election ballot is to carry the ques-tion of whether to amend state statute to prohibit theany statutory or administrative expansion of AHCCCSeligibility from taking effect until the Joint LegislativeBudget Committee certifies to the Governor, thePresident of the Senate, and the Speaker of the Houseof Representatives that expansion will be budget neu-tral for the next 20 fiscal years. First Sponsor: Rep.Seel ARS Titles Affected: 97

HCR 2009 AHCCCS; CHILDLESS ADULTS;PROHIBITIONThe 2014 general election ballot is to carry the ques-tion of whether to amend state statute to prohibit theAHCCCS Administration from using any AHCCCSmonies or general fund monies to fund services tochildless adults. First Sponsor: Rep. Seel ARS TitlesAffected: 97

HCR 2010 STATE MILITIA; AGEREQUIREMENTThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution todelete the age limit of 45 years for persons in themilitia of the state of Arizona and replace it with arequirement that persons be capable of bearing arms.First Sponsor: Rep. Seel Other Sponsors: Rep.Smith, ARS Titles Affected: 98

HCR 2011 PRIMARY ELECTIONS; CAUCUS;CONVENTIONThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution toallow the nomination of candidates to occur at a polit-ical party caucus, convention or by some othermethod instead of a direct primary election. Politicalparties that choose to nominate a candidate for publicoffice may also determine whether to allow personswho are not members of that party to participate in thenomination process. First Sponsor: Rep. Seel ARSTitles Affected: 98

HCR 2012 LEGISLATURE; SIXTY HOUSEDISTRICTSThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution torequire each state Senate district to consist of exactlytwo entire state House districts that are separate fromone another and contained completely in that Senatedistrict. One member of the House of Representativeswill be elected from each of 60 House districts,instead of two members from each of 30 districts.Applies for the redistricting of legislative districts thatbegins in 2021 and must be fully applicable for thelegislative districts used in the 2022 general electionand all subsequent legislative elections. First

Sponsor: Rep. Shope Other Sponsors: Rep.Cardenas, Rep. Wheeler, ARS Titles Affected: 98

HCR 2013 STATE BOARD OF EDUCATION;ELECTED MEMBERSThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution to addthree lay members to the State Board of Educationand require all seven lay members to be elected in themanner prescribed by law. First Sponsor: Rep. J.Pierce ARS Titles Affected: 98

HCR 2014 RIGHTS; UNREASONABLESEARCH & SEIZUREThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution to pro-hibit unreasonable search or seizure, and to prohibitsearch warrants from being issued without probablycause, a description of the place to be search or theperson or thing to be seized, and support by writtenoath or affirmation. First Sponsor: Rep. BartonOther Sponsors: Sen. Crandell, Rep. Thorpe, ARSTitles Affected: 98

HCR 2015 PREVENTION OF VIOLENCE;SUPPORTThe members of the Legislature commit to workingtogether with Arizona families, schools, businessesand other community organizations to empower allArizonans, especially Arizona youth, to prevent vio-lence before it begins. First Sponsor: Rep. MendezARS Titles Affected: 99

HCR 2016 RATIFICATION; EQUAL RIGHTSAMENDMENTRatifies the Equal Rights Amendment to the U.S.Constitution. The Secretary of State is directed totransmit copies of this resolution to the President ofthe U.S. Senate and the Speaker of the U.S. House.First Sponsor: Rep. Steele Other Sponsors: Rep.Alston, Rep. Campbell, Rep. Cardenas, Rep.Hernandez, Rep. Fann, Rep. Gabaldon, Rep. Gallego,Sen. Hobbs, Rep. McCune Davis, Rep. Mendez, Rep.Meyer, Rep. Miranda, Rep. Orr, Sen. Pancrazi, Rep.Quezada, Rep. Saldate, Sen. Tovar, Rep. Townsend,Rep. Ugenti, Rep. Wheeler, Sen. Begay, ARS TitlesAffected: 99

HCR 2017 CONVENTION; AMENDMENTS;BALANCED FEDERAL BUDGETPursuant to Article V of the U.S. Constitution, theArizona State Legislature formally applies to the U.S.Congress to call a convention for the purpose of pro-posing an amendment to the U.S. Constitutionrequiring that in the absence of a national emergency,the total of all federal appropriations made by theCongress for any fiscal year cannot exceed the total ofall estimated federal revenue for that fiscal year. TheSecretary of State is directed to transmit copies of thisresolution to the President and Secretary of the U.S.Senate, the Speaker and Clerk of the U.S. House andthe presiding officers of each house of the severalstate legislatures. First Sponsor: Rep. Thorpe OtherSponsors: Sen. Barto, Rep. Barton, Rep. Borrelli,Rep. Boyer, Sen. Crandell, Rep. Gowan, Rep.Kwasman, Rep. Livingston, Sen. Melvin, Rep. Olson,Rep. Orr, Sen. Shooter, Rep. Smith, Rep. Stevens,Rep. Townsend, Sen. Ward, ARS Titles Affected: 99

HCR 2018 FUNDING BALLOT MEASURES;REAUTHORIZATIONThe 2014 general election ballot is to carry the ques-tion of whether to amend Article IV, Part 1, of thestate Constitution to place an eight-year limit on anyinitiative or referendum that authorizes or requires theexpenditure of state monies. After the eight-yearperiod expires, the measure must be re-referred to theballot for a vote of the people. All current ballot meas-ures that authorize or require an expenditure of statemonies and that were originally voted on more thaneight years before this amendment is certified shall beplaced on the 2016 general election ballot for reautho-rization. First Sponsor: Rep. Boyer Other Sponsors:Rep. Allen, Sen. Crandell, Sen. Griffin, Rep.Kwasman, Rep. Olson, Rep. Petersen, Rep. J. Pierce,Rep. Thorpe, Sen. Ward, Sen. D. Farnsworth, ARSTitles Affected: 98

HCR 2019 TECH CORRECTION; ILLEGALALIENSProposes a minor change in Article II, Section 35, ofthe state Constitution related to illegal aliens.Apparent striker bus for a proposition to be referred tothe ballot at the next general election. First Sponsor:Rep. Gowan ARS Titles Affected: 98

HCR 2020 TECH CORRECTION; BONDELECTIONSProposes a minor change in Article VII, Section 13, ofthe state Constitution related to admission bond elec-

tions. Apparent striker bus for a proposition to bereferred to the ballot at the next general election. FirstSponsor: Rep. Gowan ARS Titles Affected: 98

HCR 2021 TECH CORRECTION; MILITARYPERSONNELProposes a minor change in Article VII, Section 6, ofthe state Constitution related to military personnel sta-tioned in Arizona. Apparent striker bus for a proposi-tion to be referred to the ballot at the next generalelection. First Sponsor: Rep. Gowan ARS TitlesAffected: 98

HCR 2022 PERSONAL PROPERTY TAX;EXEMPTIONThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution to pro-hibit the Legislature from levying a tax on the fullcash value of the first $2.4 million of assessed cashvalue of personal property that is initially acquiredduring or after tax year 2015 and that is used for agri-cultural purposes or in trade or business. TheLegislature is required to provide by law an increaseto the full cash value of the first $2.4 millionaccording to annual variations in a designated nationalinflation index. First Sponsor: Rep. Mesnard OtherSponsors: Rep. Allen, Rep. Borrelli, Rep. Boyer, Rep.Brophy McGee, Rep. Fann, Rep. E. Farnsworth, Rep.Forese, Rep. Gowan, Rep. Gray, Rep. Kwasman, Rep.Livingston, Rep. Lovas, Rep. Mitchell, Rep.Montenegro, Rep. Orr, Rep. Petersen, Rep. J. Pierce,Rep. Shope, Rep. Smith, Rep. Thorpe, Rep. Tobin,Rep. Ugenti, Sen. Yarbrough, Sen. Yee, ARS TitlesAffected: 98

HCR 2023 CITIZENS CLEAN ELECTIONSACT; REPEALThe 2014 general election ballot is to carry the ques-tion of whether to repeal the Citizens Clean ElectionsAct. First Sponsor: Rep. Mesnard Other Sponsors:Rep. Allen, Rep. Borrelli, Rep. Boyer, Rep. BrophyMcGee, Rep. Fann, Rep. Gray, Rep. Kwasman, Rep.Livingston, Rep. Lovas, Rep. Mitchell, Rep. Olson,Rep. Petersen, Rep. Shope, Rep. Thorpe, Sen. Ward,Sen. Yee, ARS Titles Affected: 99

HCR 2024 TECH CORRECTION;LEGISLATORS’ QUALIFICATIONSProposes a minor change in Article IV, Section 4, ofthe state Constitution related to disqualification formembership in the Legislature. Apparent striker busfor a proposition to be referred to the ballot at the nextgeneral election. First Sponsor: Rep. Mesnard ARSTitles Affected: 98

HCR 2025 TECH CORRECTION; RACINGCOMMISSION; PROHIBITIONProposes a minor change in Title 5 (Amusements andSports)related to horse and dog racing. Apparentstriker bus for a proposition to be referred to the ballotat the next general election. First Sponsor: Rep.Mesnard ARS Titles Affected: 99

HCR 2026 CITIZENS UNITED DECISION;REPEALThe Legislature supports the inclusion on theNovember 2014 ballot of a proposal that would allowArizona’s citizens to instruct their congressional repre-sentatives to propose an amendment to the U.S.Constitution that would repeal the U.S. SupremeCourt decision in Citizens United v. Federal ElectionCommission. First Sponsor: Rep. McCune DavisOther Sponsors: Rep. Alston, Rep. Campbell, Rep.Dalessandro, Rep. Hernandez, Rep. Gallego, Rep.Mendez, Rep. Quezada, Sen. Tovar, ARS TitlesAffected: 99

HM 2001 AGENT ORANGE EXPOSURE;VIETNAM VETERANSThe House of Representatives urges the U.S.Congress to restore the presumption of a service con-nection between Agent Orange exposure and subse-quent illnesses to U.S. Vietnam War veterans whoserved in the waters defined as the combat zone and inthe airspace over the combat zone. The Secretary ofState is directed to transmit copies of this memorial tothe President of the U.S. Senate, the Speaker of theU.S. House and each member of Congress fromArizona. First Sponsor: Rep. Borrelli OtherSponsors: Rep. Gowan, Rep. Larkin, Rep. Lesko,Rep. Mesnard, Rep. Shope, Rep. Stevens, Rep. Tobin,Rep. Townsend, ARS Titles Affected: 99

HR 2001 ASH FORK; FLAGSTONE CAPITALThe members of the House of Representatives supportthe designation of Ash Fork, Arizona as the“Flagstone Capital.” First Sponsor: Rep. Tobin ARSTitles Affected: 99

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Page 17: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

HR 2002 TECH CORRECTION; AZCONSTITUTION DAYThe members of the House of Represenatives pro-claim December 9, 2014 as Arizona Constitution Day.The body of the resolution is blank in the original.Apparent striker bus. First Sponsor: Rep. GowanARS Titles Affected: 99

HR 2003 TECH CORRECTION; ARIZONASTATEHOOD DAYThe members of the House of Represenatives pro-claim February 14, 2014 as Arizona Statehood Day.The body of the resolution is blank in the original.Apparent striker bus. First Sponsor: Rep. GowanARS Titles Affected: 99

HR 2004 TECH CORRECTION; GRANDCANYON DAYThe members of the House of Represenatives pro-claim February 26, 2014 as Grand Canyon NationalPark Day. The body of the resolution is blank in theoriginal. Apparent striker bus. First Sponsor: Rep.Gowan ARS Titles Affected: 99

S 1001 TECH CORRECTION; TOBACCOTAX; TRIBESMinor change in Title 42 (Taxation) related to Indianreservation tobacco taxes. Apparent striker bus. FirstSponsor: Sen. Begay ARS Titles Affected: 42

S 1002 TECH CORRECTION; STATE TRUSTLANDSMinor change in Title 37 (Public Lands) related tostate trust land. Apparent striker bus. First Sponsor:Sen. Begay ARS Titles Affected: 37

S 1003 TECH CORRECTION; MUNICIPALPLATTINGMinor change in Title 9 (Cities and Towns) related tomunicipal plat amendments. Apparent striker bus.First Sponsor: Sen. Begay ARS Titles Affected: 9

S 1004 TECH CORRECTION; REVENUEDEPTMinor change in Title 42 (Taxation) related toDepartment of Revenue employees. Apparent strikerbus. First Sponsor: Sen. Begay ARS Titles Affected:42

S 1005 TECH CORRECTION; GAME & FISHMinor change in Title 17 (Game and Fish) related toinmate labor. Apparent striker bus. First Sponsor:Sen. Begay ARS Titles Affected: 17

S 1006 TECH CORRECTION; PUBLICROADWAYSMinor change in Title 28 (Transportation) related todisposition of public roadways. Apparent striker bus.First Sponsor: Sen. Begay ARS Titles Affected: 28

S 1007 TECH CORRECTION; EDUCATION;INTERSTATE COMPACTSMinor change in Title 15 (Education) related to inter-state compacts. Apparent striker bus. First Sponsor:Sen. Begay ARS Titles Affected: 15

S 1008 TECH CORRECTION; BINGOLICENSE; TRANSFERMinor change in Title 5 (Amusements and Sports)related to bingo licenses. Apparent striker bus. FirstSponsor: Sen. Begay ARS Titles Affected: 5

S 1009 SPOUSAL MAINTENANCEThe list of factors the court must consider when deter-mining spousal maintenance is expanded to include aspouse’s history of committing acts of domestic vio-lence against the other spouse. First Sponsor: Sen.Ableser ARS Titles Affected: 25

S 1010 REGIONAL BEHAVIORAL HEALTHAUTHORITIESBeginning January 1, 2015, all behavioral treatmentservices provided by the Department of HealthServices are transferred to regional behavioral healthauthorities (RBHAs). RBHAs are prohibited fromcontracting with networks or other administrative enti-ties and are required to use a Dept approvedaccounting methodology. In counties with more than800,000 persons (Maricopa and Pima), the Dept isrequired to contract with at least two contractors to actas RBHAs. First Sponsor: Sen. Ableser ARS TitlesAffected: 36

S 1011 PSYCHOLOGISTS; PRESCRIPTIONAUTHORITYThe Board of Psychological Examiners is authorizedto certify licensed psychologists to prescribe medica-tion for the treatment of behavioral health conditions.The Board is required to establish by rule a formularyof medications that psychologists may prescribe,training, education and supervision requirements, andcertification application and renewal fees. FirstSponsor: Sen. Ableser ARS Titles Affected: 32

S 1012 COMMUNITY COLLEGES;BACCALAUREATE DEGREESBeginning in an unspecified fiscal year (blank in orig-inal), community college districts are authorized tooffer four-year baccalaureate degrees. Establishes a 7-member Community College Baccalaureate DegreeStudy Committee to determine the baccalaureatedegrees that may be offered by community collegedistricts. The Committee is required to submit a reportto the Governor and the Legislature by December 31,2014. The Committee self-repeals October 1, 2015.First Sponsor: Sen. Ableser ARS Titles Affected: 15

S 1013 STATE EMPLOYEES; AUDITORS;COVERED STATUSOn or after the effective date of this legislation, the listof state employees included in the definition of “cov-ered employee” for the state personnel system isexpanded to include employees of the AuditorGeneral’s office, employees of any state agency whohave audit functions as a primary responsibility andemployees of the Department of Revenue who areinvolved in revenue collection. These employees mayvoluntarily elect to become an at will uncoveredemployee. First Sponsor: Sen. Ableser ARS TitlesAffected: 41

S 1014 DRUG POSSESSION; MEDICALASSISTANCE; PROBATIONThe court is required to place a person convicted ofpossession or use of a controlled substance or drugparaphernalia on probation if the court finds that evi-dence for the possession charge was obtained as aresult of the person seeking medical assistance forthemself or another person. If the person successfullycompletes probation, the court must automatically setaside the judgment of guilt. First Sponsor: Sen.Ableser ARS Titles Affected: 13

S 1015 PARENTING TIME; DECISION-MAKING; ASSAULT; PROHIBITIONIf a child is conceived as the result of a sexual assaultand the person convicted of the sexual assault is thenatural father of the child, the father has no right tolegal decision-making of the child or parenting timewith the child. First Sponsor: Sen. Ableser ARSTitles Affected: 25

S 1016 SCHOOLS; SUICIDE PREVENTIONTRAININGBy January 1, 2015, the State Board of Education isrequired to adopt rules to require, beginning in the2015-16 school year, all public school personnel toreceive at least 2 hours of suicide awareness and pre-vention training within 12 months after their initialhiring date and subsequently at least every 5 years. Aperson does not have a cause of action for any loss ordamage caused by any act or omission resulting fromany training or lack of training required by this legis-lation. First Sponsor: Sen. Ableser ARS TitlesAffected: 15

S 1017 LIQUOR LICENSES; BEERFESTIVALS; BEER FAIRSThe Department of Liquor Licenses is authorized toissue beer festival licenses for sampling of domesticmicrobrewery products on the beer festival premises,and to issue beer fair licenses for sampling on the fairpremises. Due to a potential increase in state revenue,this bill requires the affirmative vote of at least 2/3 ofeach house of the Legislature for passage. FirstSponsor: Sen. Ableser ARS Titles Affected: 4

S 1018 HIGH SCHOOLS; NUTRITIONSTANDARDSBy July 1, 2015, the Department of Education isrequired to develop nutrition standards for highschools. The standards must meet at least federalguidelines and regulations. Culinary education pro-grams are exempt. Beginning July 15, 2015, new con-tracts and renewal contracts for food and/or beveragesare required to limit the selection of teas, carbonatedbeverages, isotonic drinks or juice drinks that containless than 50 percent fruit or vegetable juice to no morethan 50 percent of vending machine capacity locatedon high school campuses. All other foods of minimalnutritional value must be expressly prohibited on highschool campuses during the normal school day. FirstSponsor: Sen. Ableser ARS Titles Affected: 15

S 1019 NUTRITIONAL INFO; CHAINRESTAURANTSChain restaurants or food establishments (defined asone of at least ten such restaurants or establishmentsin the U.S. and one of at least five in the state) arerequired to list specified nutritional information on thestandard printed menu in a clear and conspicuousmanner. First Sponsor: Sen. Ableser ARS TitlesAffected: 36

S 1020 HEALTH PROFESSIONALS;SUNRISE PROCESSHealth professions are no longer required to completethe sunrise process with the Joint Legislative AuditCommittee when proposing to increase the scope ofpractice of the profession. First Sponsor: Sen.Ableser ARS Titles Affected: 32

S 1021 SUNRISE REVIEW; ELIMINATIONThe sunrise process with the Joint Legislative AuditCommittee is repealed for health professions and non-health professions and occupations. First Sponsor:Sen. Ableser ARS Titles Affected: 11 20 32

S 1022 DISCRIMINATION; ENFORCEMENT;DAMAGESIncreases the statute of limitations on filing employ-ment discrimination charges to 2 years from 1 year.Allows the recovering party in unlawful employmentpractice cases to recover punitive or compensatorydamages if specified conditions are met. FirstSponsor: Sen. Ableser ARS Titles Affected: 41

S 1023 MINING & MINERAL MUSEUM;RESTORATIONControl of the Arizona Mining and Mineral Museumis transferred to the Arizona Geological Survey fromthe Arizona Historical Society. Also removes the StateGeologist from the Centennial Museum AdvisoryCouncil. First Sponsor: Sen. Ableser ARS TitlesAffected: 27 28 32 33 41

S 1024 UNLAWFUL TERMINATION; FAMILYEMERGENCYIt is unlawful for an employer to terminate or threatento terminate an employee for being notified by aschool or law enforcement officer of an emergencyregarding the employee’s child or for leaving work toattend to the child’s emergency, except in cases ofexcessive abuse of this protection. First Sponsor:Sen. Ableser ARS Titles Affected: 23

S 1025 STUDY COMMITTEE;INDIVIDUALIZED EDUCATION PROGRAMSEstablishes an 11-member Individualized EducationProgram Study Committee to design a system inwhich an individualized education program is devel-oped for every student enrolled in a public school inArizona. The Committee is required to submit a reportto the Governor and the Legislature by December 31,2014. Self-repeals October 1, 2015. First Sponsor:Sen. Ableser ARS Titles Affected: 15

S 1026 RESIDENTIAL MORTGAGES;MORTGAGE BROKER DUTIESPrescribes prohibited acts for mortgage brokers,including making a residential mortgage loan withoutverifying the borrower’s reasonable ability to pay orwith the intent that the loan will not be repaid, makinga residential mortgage loan that is of a lower invest-ment grade than the borrower’s credit score indicateswithout informing the borrower, and influencing theindependent judgment of an appraiser. First Sponsor:Sen. Ableser ARS Titles Affected: 6

S 1027 PHOENIX AIRPORT; STUDYCOMMITTEEEstablishes a Phoenix Sky Harbor InternationalAirport Study Committee consisting of four legislatorsand three public members to study the future of theairport and report to the Governor and the Legislatureby November 1, 2016. Self-repeals on October 1,2017. First Sponsor: Sen. Ableser ARS TitlesAffected: 28

S 1028 APPROPRIATION; D & F SCHOOLSAppropriates $40 million from the general fund inFY2014-15 to the Department of Education for distri-bution to schools that have been assigned a lettergrade of D or F for the purpose of improving perform-ance. First Sponsor: Sen. Ableser ARS TitlesAffected: 15

S 1029 TPT EXEMPTION; FOUR-INCH PIPE;REPEALEffective January 1, 2015, pipes or valves at least fourinches in diameter used to transport oil, natural gas,water or coal slurry are removed from the list of itemsexempt from transaction privilege taxes. The StateTreasurer is required to pay the amount received fromtransaction privilege taxes on these pipes and valvesto the Department of Education for adult educationand adult literacy programs. First Sponsor: Sen.Farley ARS Titles Affected: 42 43

S 1030 SOLAR SCHOOL GRANT PROGRAMBeginning with tax year 2015, a tax on deliveringelectricity for consumption is levied at a rate of .05cents per kilowatt hour for residential consumptionand .07 cents per kilowatt hour for all other consump-tion. Tax revenue is deposited in the newly established

Solar School Grant Program Fund and used to fundgrants for school districts for solar education programsin schools that use solar technology. Due to a potentialincrease in state revenue, this legislation requires theaffirmative vote of at least 2/3 of each house of theLegislature for passage. First Sponsor: Sen. FarleyARS Titles Affected: 15 41

S 1031 LICENSE PLATE COVERS;PROHIBITIONUnless authorized by the Department ofTransportation, it is illegal to apply any covering orsubstance to a license plate or use an electronic deviceor film that obscures from any angle the numbers,characters, year validating tabs or name of the juris-diction issuing a license plate. First Sponsor: Sen.Farley ARS Titles Affected: 28

S 1032 SPECIAL LICENSE PLATES;STANDARD DESIGNAll special license plates must have a standard designwith one three-inch square area on the plate that is setaside for a logo or message. Contains a legislativeintent section. First Sponsor: Sen. Farley ARS TitlesAffected: 28

S 1033 LARGE ELECTRONICS RECYCLINGPROGRAMA recycling program for “covered electronic devices”(defined as computers, computer monitors and televi-sions) is established within the Department ofEnvironmental Quality. The program terminates July1, 2024. First Sponsor: Sen. Farley ARS TitlesAffected: 49

S 1034 FINANCIAL DISCLOSURE; MODELLEGISLATION; LOBBYINGThe information that must be disclosed in publicofficer financial disclosure statements is expanded toinclude a description of any benefit received by thepublic officer or any member of his/her household orany of his/her relatives if the benefit is in the form oftravel, lodging or registration fees related to a confer-ence or other event. The Secretary of State is requiredto post information from financial disclosure state-ments on the website. For the purpose of lobbyist reg-istration and regulations, the definition of lobbyingincludes communicating with or assisting a legislatorwith respect to or promoting the passage of draft, pro-posed or model legislation, whether at a conference orother event occurring at a location other than theLegislature or while at the Legislature. The descrip-tions of persons exempt from lobbyist regulations aremodified. The information that must be contained inlobbyist expenditure reports is expanded to includeregistration fees paid for a conference or other event.First Sponsor: Sen. Farley ARS Titles Affected: 3841

S 1035 DOGS; LICENSING; VACCINATIONSCounty boards of supervisors are authorized to requirea dog with a medical condition precluding vaccinationagainst rabies to be licensed. Before the license can beissued, the owner or veterinarian must present a copyof the animal health document verifying the medicalcondition to the county enforcement agent along withother specified information. A person who knowinglyfails to vaccinate a dog within 15 days after writtennotice from the county is guilty of a petty offense,unless there is a medical condition precluding vacci-nation. The county enforcement agent is authorized toallow unvaccinated dogs that bite a person to be con-fined and quarantined at the home of the owner or in aboarding facility. Also reduces the classification ofknowingly failing to obtain a license for a dogrequired to be licensed or counterfeiting an officialdog tag to a petty offense, from a class 2 misde-meanor. First Sponsor: Sen. Melvin ARS TitlesAffected: 11

S 1036 RACKETEERING; ANIMALFIGHTING; COCKFIGHTINGFor the purpose of the criminal code, the definition of“racketeering” is expanded to include animal fightingor cockfighting. First Sponsor: Sen. Farley OtherSponsors: Rep. Sherwood, ARS Titles Affected: 13

S 1037 ANIMAL ABUSER REGISTRATION;REGISTRYAn adult who has been convicted of cruelty to animalsor other related offenses must register with the countysheriff within 10 days after the conviction or afterentering and remaining in that county. TheDepartment of Public Safety is required to maintain acentral animal abuser registry with the names and reg-istration information of every person required to reg-ister. First Sponsor: Sen. Farley Other Sponsors:Rep. Sherwood, ARS Titles Affected: 13

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Page 18: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

S 1038 PARENTING TIME; CHILDRELOCATIONA party with legal decision-making, parenting time orvisitation is required to provide a party entitled tocourt-ordered legal decision-making with a notice ofchange of residential address at least 45 days beforerelocating a child any distance, instead of only forrelocating more than 100 miles or relocating outsidethe state. The notice must include specified informa-tion, including whether or not the change requiresmodification of a court order with respect to legaldecision-making, parenting time or visitation. Thenotice must be made by certified mail or anothermethod that gives actual written notice. Some excep-tions. If a partys change in address will result in a sig-nificant impact (defined) to a court order with respectto legal decision-making, parenting time or visitation,the party is also required to file and serve either a peti-tion for modification or a stipulated order signed byall parties that meets specified requirements. The courtis required to adjust the parenting plan or visitationarrangement to minimize the loss for the party who isnot changing address. A party who is required to relo-cate in fewer than 45 days because of health, safety,employment or an involuntary change of residence ispermitted to temporarily move with the child if bothparties execute a written agreement, the party obtainsa court order, or the change will not have a significantimpact. There is a rebuttable presumption that movesunder two miles do not result in a significant impact.Effective January 1, 2015. First Sponsor: Sen. BartoARS Titles Affected: 25

S 1039 BD OF CHIROPRACTIC EXAMINERS;MEMBERSHIPChiropractic members of the State Board ofChiropractic Examiners are no longer prohibited frombeing graduates of the same school or college of chi-ropractic. First Sponsor: Sen. Barto ARS TitlesAffected: 32

S 1040 LEAVE OF ABSENCE; AUXILIARYMEMBERSState and political subdivision officers and employeesmust be granted leaves of absences from their dutieswithout loss of time, pay or efficiency rating on alldays during which they are employed with any auxil-iary of the U.S. armed forces for a period of up to 30days in any 2 consecutive years. First Sponsor: Sen.Barto ARS Titles Affected: 38

S 1041 BOARD OF PHARMACY;CONTINUATIONThe statutory life of the Arizona State Board ofPharmacy is extended 8 years to July 1, 2022.Retroactive to July 1, 2014. First Sponsor: Sen.Barto ARS Titles Affected: 41

S 1042 HEALTH PROFESSIONALS;SPECIALTY STATUS CLAIMSIt is unprofessional conduct for a health professionalto claim board certification as a specialist if this is nottrue or the status is not current, or to fail to supply thename of the entity granting the certification whenmaking a claim of board certification in any form ofadvertisement. First Sponsor: Sen. Barto ARS TitlesAffected: 32

S 1043 NATUROPATHS; PRESCRIPTIONAUTHORITY; PHARMACY BOARDThe State Board of Pharmacy must require applicantsfor initial licensure to submit fingerprints for the pur-pose of obtaining a state and federal criminal recordscheck. The Board is no longer required to establish byrule a list of drugs that cannot be used by dispensingpharmacists as generic equivalents for substititon, orto adopt rules for implementing regulations on“legend drugs” (defined). For the purpose of statutesregulating naturopathic physicians, the definition of“drug” is modified to exclude any drug that is reclassi-fied from schedule III to schedule II after January 1,2014. First Sponsor: Sen. Barto ARS TitlesAffected: 23 32

S 1044 AHCCCS; CHIROPRACTICSERVICESBeginning October 1, 2014, the list of medically nec-essary health and medical services that AHCCCS con-tractors are required to provide is expanded to includechiropractic services that are ordered by a primarycare physician to treat a specific diagnosed conditionand that meet other specified limitations. FirstSponsor: Sen. Barto ARS Titles Affected: 36

S 1045 INSURANCE; EQUIVALENT COST-SHARING REQUIREMENTSHealth insurers are prohibited from charging theinsured person a higher copayment, coinsurance ordeductible amount for services provided without a

referral by licensed chiropractors or physical thera-pists than the copayment, coinsurance or deductibleamount charged for the same medically necessarytreatment or condition provided by any other licensedhealth care provider. First Sponsor: Sen. Barto ARSTitles Affected: 20

S 1046 FINANCIAL TRANSACTIONS;OMNIBUSNumerous changes to statutes relating to financialtransactions, including establishing regulations for“derivative transactions” (defined). Modifies variousrules relating to collateral and filing of financing state-ments for secured transactions. Adds a new article tothe uniform commercial code regulating financingstatements for secured transactions, which applies to atransaction or lien within its scope even if the transac-tion or lien was entered into or created before theeffective date of this legislation, except as otherwisespecified. More. Emergency clause. First Sponsor:Sen. Yarbrough Other Sponsors: Rep. BrophyMcGee, Rep. Livingston, ARS Titles Affected: 6 3547 48

S 1047 CLOSING PROTECTION LETTERS;ESCROW AGENTSTitle insurers are authorized to provide a closing pro-tection letter to any party to a title insurance policytransaction. Closing protection letters may indemnifyan insured against a loss resulting from specifiedactions of a policy-issuing title insurance agent orother settlement service provider, including theft ormisappropriation of settlement monies. Title insurersare required to charge a party receiving a closing pro-tection letter a fee of at least $25. Emergency clause.First Sponsor: Sen. Yarbrough Other Sponsors:Rep. Brophy McGee, ARS Titles Affected: 6

S 1048 TAX CREDITS; STOS;PREAPPROVAL; ENTITIESEstablishes an individual income tax credit for the prorata amount of contributions made by a business toschool tuition organizations (STO). Co-owners of abusiness may each claim the pro rata share of the cor-porate income tax credit allowed based on the tax-payer’s ownership interest. The total of the creditsallowed by all the owners cannot exceed the amountthat would have been allowed a sole owner of a busi-ness. If the credit exceeds taxes due, the taxpayer maycarry the amount of the claim not used to offset taxesfor up to five consecutive tax years. The tax credit isnot allowed if the business designates the contributionto an STO for the direct benefit of any dependent ofthe taxpayer or designates a student beneficiary as acondition of the contribution to an STO. Retroactiveto tax years beginning January 1, 2014. FirstSponsor: Sen. Yarbrough Other Sponsors: Rep.Allen, Rep. Borrelli, Rep. Dial, Rep. Lesko, Rep.Livingston, Rep. Mesnard, Sen. Murphy, Sen.Shooter, Sen. D. Farnsworth, ARS Titles Affected:43

S 1049 DUTY TO REPORT ABUSE;RECORDSSchools are permitted, rather than required, to main-tain a written record of incidents where a physicalinjury to a minor in elementary school occurs acciden-tally in the course of typical playground activityduring a school day and is reported to the child’sparent or guardian. First Sponsor: Sen. Griffin OtherSponsors: Rep. Gowan, Rep. Livingston, Rep.Stevens, ARS Titles Affected: 13

S 1050 TELEMEDICINE; NATUROPATHSFor the purpose of statutes regulating telemedicine,persons licensed by the Naturopathic PhysiciansMedical Board are added to the definition of “healthcare provider.” First Sponsor: Sen. Griffin ARSTitles Affected: 36

S 1051 TECH CORRECTION; MILITARYAFFAIRSMinor change in Title 26 (Military Affairs) related toviolations. Apparent striker bus. First Sponsor: Rep.Barton ARS Titles Affected: 26

S 1052 TECH CORRECTION; DEAF; BLINDSCHOOLSMinor change in Title 15 (Education) related to theArizona State Schools for the Deaf and Blind.Apparent striker bus. First Sponsor: Sen. Barto ARSTitles Affected: 15

S 1053 TECH CORRECTION; PRIVATEPOSTSECONDARY EDUCATIONMinor change in Title 32 (Professions andOccupations) related to application for vocationallicenses. Apparent striker bus. First Sponsor: Sen.Barto ARS Titles Affected: 32

S 1054 TECH CORRECTION; REGENTS;OFFICERSMinor change in Title 15 (Education) related to theBoard of Regents. Apparent striker bus. FirstSponsor: Sen. Barto ARS Titles Affected: 15

S 1055 TECH CORRECTION; MANDATORYVEHICLE INSURANCEMinor change in Title 28 (Transportation) related tomandatory motor vehicle insurance. Apparent strikerbus. First Sponsor: Sen. S. Pierce ARS TitlesAffected: 28

S 1056 TECH CORRECTION; CERTIFICATEOF TITLEMinor change in Title 28 (Transportation) related tocertificate of title and registration. Apparent strikerbus. First Sponsor: Sen. S. Pierce ARS TitlesAffected: 28

S 1057 TECH CORRECTION; DESIGNATEDREPMinor change in Title 28 (Transportation) related tothe multistate highway transportation agreement.Apparent striker bus. First Sponsor: Sen. S. PierceARS Titles Affected: 28

S 1058 TECH CORRECTION; ELECTRICGENERATION SUPPLIERSMinor change in Title 40 (Public Utilities) related toelectric generation suppliers. Apparent striker bus.First Sponsor: Sen. S. Pierce ARS Titles Affected:40

S 1059 TECH CORRECTION; STATEEMPLOYEES; RECOGNITIONMinor change in Title 41 (State Government) relatedto gifts and donations for state employee recognition.Apparent striker bus. First Sponsor: Sen. S. PierceARS Titles Affected: 41

S 1060 LOBBYING; SPORTS TICKETS;SPECIAL EVENTSIt is unlawful for lobbyists, principals, public bodies,or public lobbyists to make expenditures for legisla-tors for athletic events or other entertainment.Entertainment in connection with a special event orthat is incidental to a speaking engagement are nolonger exempt from the ban on entertainment expendi-tures made by lobbyists for state officers oremployees. First Sponsor: Sen. Reagan OtherSponsors: Sen. Gallardo, Sen. Griffin, Sen. Meza,Sen. Worsley, ARS Titles Affected: 41

S 1061 PATERNITYA potential or putative father who does not file apaternity action or claim of paternity as required bylaw is prohibited from bringing or maintaining anaction to assert an interest in the child, including apaternity action. Service on a mother of a paternityaction may be accepted by an attorney or agency rep-resenting the mother, and a mother is permitted toomit her address from the affidavit and notice topotential fathers if the address of her attorney or theagency is provided in the affidavit. Previously, amother was required to show to a court’s satisfactionthat omission of her address was necessary to protecther safety. First Sponsor: Sen. Barto OtherSponsors: Sen. Bradley, Sen. Murphy, ARS TitlesAffected: 8 25

S 1062 EXERCISE OF RELIGION; STATEACTIONFor the purpose of statutory protection of exercise ofreligion, the definition of “exercise of religion” isexpanded to mean any practice or observance of reli-gion, and the definition of “person” is expanded toinclude any individual, association, partnership, cor-poration, church, estate, trust, foundation or otherlegal entity (in addition to religious assembly or insti-tution). A person whose religious exercise is burdenedin violation of statute may assert that violation as aclaim or defense in a judicial proceeding even if thegovernment is not a party to the proceeding, and mayobtain appropriate relief from parties other than thegovernment. The prohibition on government substan-tially burdening a person’s exercise of religion is mod-ified to prohibit “state action” (defined as any actionby the government or the implementation or applica-tion of any law by the government or nongovern-mental persons) from doing so. First Sponsor: Sen.Yarbrough Other Sponsors: Sen. Barto, Sen.Worsley, ARS Titles Affected: 41

S 1063 MISCONDUCT INVOLVINGWEAPONS; FIREARM STORAGEIt is not misconduct involving weapons to enter apublic establishment or attend a public event whilecarrying a deadly weapon after a reasonable requestby the operator or sponsor of the event to remove the

weapon and place it in temporary and secure storage ifthe public establishment or event is not in full compli-ance with statutory firearm storage requirements.First Sponsor: Sen. Murphy Other Sponsors: Sen.Barto, Rep. Barton, Rep. Borrelli, Sen. Burges, Sen.Crandell, Rep. Fann, Sen. Griffin, Rep. Kavanagh,Rep. Kwasman, Rep. Livingston, Rep. Mitchell, Rep.Montenegro, Rep. Petersen, Rep. Seel, Sen. Shooter,Rep. Smith, Rep. Thorpe, Sen. Ward, Sen. Yarbrough,Sen. D. Farnsworth, ARS Titles Affected: 13

S 1064 FIREARM; DEFINITIONModifies the statutory definition of “firearm” toexclude weapons manufactured before January 1,1899, weapons that may readily be converted to expela projectile by expanding gases, and firearms that areincapable of being fired without mechanical repair bythe use of tools or the replacement of parts, instead ofexcluding firearms in permanently inoperable condi-tion. First Sponsor: Sen. Murphy Other Sponsors:Sen. Barto, Rep. Barton, Rep. Borrelli, Sen. Burges,Sen. Crandell, Rep. Fann, Sen. Griffin, Rep.Kavanagh, Rep. Kwasman, Rep. Livingston, Rep.Mitchell, Rep. Montenegro, Rep. Petersen, Rep. Seel,Sen. Shooter, Rep. Smith, Rep. Thorpe, Sen. Ward,Sen. Yarbrough, ARS Titles Affected: 13 15

S 1065 ARIZONA TWENTY-FIRST CENTURYINITIATIVE; PRIORITYBusinesses in Arizona with 12 or fewer employees areentitled to receive first preference of the financialassistance from the Arizona 21st Century InitiativeFund. First Sponsor: Sen. Ableser Other Sponsors:Sen. Bradley, Sen. Farley, Sen. Gallardo, Sen. Hobbs,Sen. McGuire, Rep. Mendez, Sen. Meza, Sen.Pancrazi, Rep. Sherwood, Sen. Tovar, ARS TitlesAffected: 41

S 1066 GREEN PUBLIC SCHOOLS TASKFORCEEstablishes an 11-member Green Public Schools TaskForce to recommend a model green cleaning policyfor public schools. The Task Force must submit areport to the Governor and the Legislature byNovember 1, 2015 and self-repeals January 1, 2016.First Sponsor: Sen. Ableser Other Sponsors: Sen.Bradley, Sen. Farley, Sen. Gallardo, Sen. Hobbs, Sen.McGuire, Rep. Mendez, Sen. Meza, Sen. Pancrazi,Rep. Sherwood, Sen. Tovar, ARS Titles Affected: 99

S 1067 DEATH PENALTY; REPEALRepeals the death penalty, the Capital PostconvictionPublic Defender Office, and all related statutes.Crimes currently punishable by death are punishableby natural life imprisonment. If the court imposes anatural life sentence, the court is required to order thatthe defendant not be released on any basis for theremainder of the defendant’s natural life. As sessionlaw, the Supreme Court is required to remand eachcase in which a sentence of death was imposed beforethe effective date of this legislation to the court in theappropriate county, where that court must strike thedeath sentence and enter in its place a sentence of nat-ural life, which is not subject to commutation, parole,community supervision, work furlough or workrelease. First Sponsor: Sen. Ableser OtherSponsors: Sen. Bradley, Sen. Gallardo, Sen. Hobbs,Rep. Mendez, Sen. Meza, ARS Titles Affected: 1213 21 25 31 41

S 1068 LEISLATORS; DISCLOSURE OFINTERESTLegislators casting a vote on legislation in which thelegislator has a direct financial interest (defined) mustprepare a written statement on the interest and file thestatement with the Chief Clerk of the House orSecretary of the Senate. Some exceptions. The state-ment must be posted on the Legislature’s website.Violations are a class 1 misdemeanor. First Sponsor:Sen. Ableser Other Sponsors: Sen. Bradley, Sen.Farley, Sen. Gallardo, Sen. Hobbs, Rep. Mendez, Sen.Meza, Sen. Pancrazi, Rep. Sherwood, Sen. Tovar,ARS Titles Affected: 41

S 1069 DISCLOSURES; LOBBYISTS;SPECIAL EVENTS; GIFTSLobbyists are prohibited from making an expenditurefor a gift for a state officer or employee, and state offi-cers and employees are prohibited from accepting agift from a lobbyist. The exemptions for certain typesof special events and entertainment are deleted. Forthe purpose of financial disclosures for public officersand candidates, the definition of “gift” is modified.First Sponsor: Sen. Ableser Other Sponsors: Sen.Bradley, Sen. Farley, Sen. Gallardo, Sen. Hobbs, Rep.Mendez, Sen. Meza, Sen. Pancrazi, Rep. Sherwood,Sen. Tovar, ARS Titles Affected: 41

Section B • 18 ARIZONA CAPITOL TIMES • AzCapitolTimes.com January 24, 2014

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Page 19: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

S 1070 TECH CORRECTION; IMMIGRATION;NATIONALITY LAWMinor change in Title 12 (Courts) related to the immi-gration and nationality law practice act. Apparentstriker bus. First Sponsor: Sen. Biggs ARS TitlesAffected: 12

S 1071 TOWING; MOTOR VEHICLESEstablishes regulations for private property trespasstowers (defined). Beginning July 1, 2015, theDepartment of Transportation is required to set ratecaps for towing, storage and other services providedby towers. Establishes requirements for records oftowed vehicles, notification of law enforcement,insurance coverage, posting of towing and storagerates and charges, and the release of towed orimpounded vehicles. Also includes unlawful practicesand civil and criminal penalties for violations. Theseregulations self-repeal on July 1, 2024. Fees collectedby the Dept for processing abandoned vehicle reportsare no longer capped at $10 and must be used to payfor enforcement of these regulations. First Sponsor:Sen. Ableser Other Sponsors: Rep. Mendez, Rep.Sherwood, ARS Titles Affected: 28

S 1072 ENERGY CONSERVATION; SCHOOLBUILDINGSBy July 1, 2019, all state agencies, universities, schooldistricts, and community college districts must pur-chase at least 10 percent of their energy from “greensources” (defined) and all existing state buildings thatare more than 50,000 square feet must conform to theleadership in energy and environmental design(LEED) existing building standards. All new or leasedstate buildings must conform to the LEED greenbuilding rating system. The Department ofAdministration, Department of Transportation, andAZ Board of Regents must reduce energy use inpublic buildings they administer by 20 percent persquare foot by July 1, 2021, using FY2002 as thebaseline year. Establishes the Energy and WaterEfficiency Fund for public facilities to be adminis-tered by the AZ Commerce Authority. The Fund willprovide loans to finance energy and water efficiencymeasures for public facilities. By December 31, 2015,school districts and charter schools are required toadopt a green cleaning policy and purchase and useenvironmentally sensitive cleaning products. Alsoestablishes an 11-member Green Public Schools TaskForce to recommend a model green cleaning policyfor public schools. The Task Force must submit areport to the Governor and the Legislature byNovember 1, 2015 and self-repeals January 1, 2016.First Sponsor: Sen. Ableser Other Sponsors: Sen.Bradley, Sen. Farley, Sen. Gallardo, Sen. Hobbs, Rep.Mendez, Sen. Meza, Sen. Pancrazi, Rep. Sherwood,Sen. Tovar, ARS Titles Affected: 15 34 41

S 1073 GREEN TECH & MANUFACTURINGINCENTIVESEstablishes individual and corporate income taxcredits for net increases in qualified employment posi-tions by a green manufacturing business. The amountof the credit is a percentage of the taxable wages paidto qualified employees who are Arizona residents.Requirements that a business must meet in order toqualify for the credit are specified. Also classifiesproperty and improvements comprising a certifiedgreen manufacturing business as class 6 property forproperty tax purposes. Effective January 1, 2015.First Sponsor: Sen. Ableser Other Sponsors: Sen.Bradley, Sen. Farley, Sen. Gallardo, Sen. Hobbs, Rep.Mendez, Sen. Meza, Sen. Pancrazi, Rep. Sherwood,Sen. Tovar, ARS Titles Affected: 41 42 43

S 1074 ENERGY CONSERVATION; PUBLICBUILDINGSBy July 1, 2019, all state agencies, universities, schooldistricts, and community college districts must pur-chase at least 10 percent of their energy from “greensources” (defined) and all existing state buildings thatare more than 50,000 square feet must conform to theleadership in energy and environmental design(LEED) existing building standards. All new or leasedstate buildings must conform to the LEED greenbuilding rating system. First Sponsor: Sen. AbleserOther Sponsors: Sen. Bradley, Sen. Farley, Sen.Gallardo, Sen. Hobbs, Sen. McGuire, Rep. Mendez,Sen. Meza, Sen. Pancrazi, Rep. Sherwood, Sen. Tovar,ARS Titles Affected: 34

S 1075 WORKERS’ COMP; PHYSICIAN-DISPENSED MEDICATIONSA workers’ compensation carrier, self-insuredemployer or the Industrial Commission are not liablefor payment for medications that a physician dis-penses unless the physician dispenses the medicationwithin 72 hours after the employee’s accident and dis-

penses no more than a single 7-day supply of the med-ication. First Sponsor: Sen. Reagan Other Sponsors:Sen. McComish, Sen. Ward, ARS Titles Affected: 23

S 1076 PROVISIONAL COMMUNITYCOLLEGES; WORKFORCE DEVELOPMENTProvisional community college districts are no longerexempt from the requirement for each community col-lege district to annually receive $200,000 from theworkforce development fund. First Sponsor: Sen.Crandell Other Sponsors: Rep. Barton, Sen.McGuire, Rep. Pratt, Rep. Shope, Rep. Thorpe, ARSTitles Affected: 15

S 1077 BEHAVIORAL HEALTHPROFESSIONALS; RECIPROCAL LICENSESThe Board of Behavioral Health Examiners is requiedto issue a licensed to a person who held a reciprocallicense on September 12, 2013, meets other statutoryrequirements, pays all applicable fees and submits acompleted application by October 1, 2016. Self-repeals July 1, 2020. Emergency clause. FirstSponsor: Sen. Barto Other Sponsors: Rep. Boyer,Sen. Bradley, Rep. Carter, Sen. Hobbs, Rep. Meyer,Rep. Steele, Sen. Ward, ARS Titles Affected: 99

S 1078 DEPARTMENT OF CHILD SERVICESEstablishes the Department of Child Services toencompass the children and families programs of thestate, including Child Protective Services, services tochildren in the juvenile corrections system, licensingand regulation of child care programs and fosterhomes, and adoption certification. The Director of theDept is appointed by the Governor, and the powersand duties of the Director are established. The Deptterminates on July 1, 2025. Session law provides thatthe Dept succeeds to the authority, powers, duties andresponsibilities of the Department of EconomicSecurity and the Department of Health Services forthe functions specified. Effective July 1, 2015. FirstSponsor: Sen. Bradley Other Sponsors: Sen. CajeroBedford, Sen. Landrum Taylor, ARS Titles Affected:8 41

S 1079 EPINEPHRINE AUTO-INJECTORS;AUTHORIZED USE; ENTITIESHealth care providers are authorized to prescribe epi-nephrine auto-injectors in the name of an “authorizedentity” (defined as any entity or organization at whichallergens capable of causing anaphylaxis may bepresent), and authorized entities are permitted toacquire and stock a supply of epinephrine auto-injec-tors and designate employees or agents who aretrained to be responsible for the injectors. Trainedemployees or agents are authorized to provide oradminister an epinephrine auto-injector to any indi-vidual s/he believes in good faith is experiencing ana-phylaxis. Training requirements are specified. FirstSponsor: Sen. Bradley Other Sponsors: Sen. CajeroBedford, Sen. Ward, ARS Titles Affected: 36

S 1080 ARIZONA SENTENCINGCOMMISSIONEstablishes the Arizona Sentencing Commission tocollect data and evaluate the effectiveness ofArizona’s sentencing practices and policies.Commission membership, initial terms, and powersand duties are specified. The Commission is requiredto annually submit a report to the chairpersons of theJudiciary Committees of the House of Representativesand the Senate. The Commission terminates on July 1,2024. First Sponsor: Sen. Bradley Other Sponsors:Sen. Cajero Bedford, Sen. Begay, ARS TitlesAffected: 41

S 1081 TAX CREDIT; EXCISE; SSNFor taxable years beginning January 1, 2015, any taxreturn or form for the tax credit for increased excisetaxes paid is required to have a social security numberthat is valid for employment for the claimant, theclaimant’s spouse and any qualifying children of theclaimant. Due to voter protection, this bill requires theaffirmative vote of at least 3/4 of each house of theLegislature for passage. First Sponsor: Sen.Yarbrough ARS Titles Affected: 43

S 1082 ASRS; EMPLOYEE BACKGROUNDCHECKSThe Arizona State Retirement System Director isauthorized to conduct criminal records checks for cur-rent or prospective ASRS employees, and to conductcredit checks for accounting, investment and otherfinance-related ASRS employees. First Sponsor: Sen.Yarbrough ARS Titles Affected: 38

S 1083 ASRS; APPLICABLE INTERESTRATE; DEFINITIONFor specified actuarial adjustments for Arizona StateRetirement System benefits, the stability period duringwhich the “applicable interest rate” (defined) remains

constant is the plan year, and the look-back month thatis used to determine the applicable interest rate is thethird full calendar month preceding the first day of thestability period. First Sponsor: Sen. Yarbrough ARSTitles Affected: 38

S 1084 ASRS; LONG-TERM DISABILITYCOMPENSATIONFor the purpose of the Arizona State RetirementSystem Long-Term Disability Program, the definitionof “monthly compensation” is modified to mean theamount determined by taking the six pay periodsimmediately preceding the date of the member’s dis-ability, disregarding the highest two and lowest two,and deriving the median of the two remaining payperiods. If the member was employed for fewer thansix pay periods, the median of the number of payperiods the member worked in that fiscal year is used.First Sponsor: Sen. Yarbrough ARS Titles Affected:38

S 1085 ASRS; LONG-TERM DISABILITYPROGRAMFor a member of the Arizona State Retirement SystemLong-Term Disability Program whose disability com-mences on or after January 1, 2015, monthly LTDProgram benefits for a member who has received ben-efits for 24 months within a 5-year period and who isunable to perform any work for compnesation arereduced to 60 percent, from 2/3, of a member’smonthly compensation. First Sponsor: Sen.Yarbrough ARS Titles Affected: 38

S 1086 TECH CORRECTION; CPS; INFODISCLOSUREMinor change in Title 8 (Children) related to ChildProtective Services. Apparent striker bus. FirstSponsor: Sen. Tovar ARS Titles Affected: 8

S 1087 TECH CORRECTION;ENVIRONMENTAL EDUCATIONMinor change in Title 15 (Education) related toinstruction in environmental education. Apparentstriker bus. First Sponsor: Sen. Tovar ARS TitlesAffected: 15

S 1088 TECH CORRECTION; LICENSING;PATENT; INCOMEMinor change in Title 15 (Education) related toArizona State University’s licensing and patentincome. Apparent striker bus. First Sponsor: Sen.Tovar ARS Titles Affected: 15

S 1089 INSURANCE HOLDING COMPANIES;ENTERPRISE RISKNumerous changes to statutes regulating insuranceholding company systems. The information that mustbe contained in every insurers registration statementon file with the Department of Insurance is expandedto include financial statements and any other informa-tion required by the Dept by rule. The Dept is author-ized to order registered insurers to produce variousrecords and information in order to determine compli-ance with statutory regulations. The Dept is requiredto enter into written agreements with the NationalAssociation of Insurance Commissioners that governthe sharing and use of information provided byinsurers, and the agreements must meet a list of speci-fied requirements. The Dept is authorized to partici-pate in a supervisory college for any domestic insurerthat is part of an insurance holding company withinternational operations. The officers and directors ofan insurer cannot be relieved of any obligation or lia-bility to which they are subject by law. Standards fortransactions, definitions, and various notice andreporting requirements are modified. More. FirstSponsor: Sen. Yarbrough ARS Titles Affected: 20

S 1090 BEER CONTAINERS; REMOVALFROM PREMISESThe prohibition on a liquor licensee allowing spiri-tuous liquor to be removed from the licensed premisesdoes not apply to a bar, beer and wine bar, liquorstore, beer and wine store or domestic microbrewerylicensee who dispenses beer only in a clean containerdesigned for the purpose of holding dispensed beer,instead of only in a clean glass container, and thatmeets other specified requirements. First Sponsor:Sen. S. Pierce ARS Titles Affected: 4

S 1091 SUNRISE; COMMITTEESS OFREFERENCE; REFERRALThe Joint Legislative Audit Committee is removedfrom the sunrise process for the regulation of newhealth professions and nonhealth professions andoccupations, and sunrise reports are submit directly tothe President of the Senate and the Speaker of theHouse of Representatives. First Sponsor: Sen.Crandell Other Sponsors: Rep. Barton, Rep. Seel,

Rep. Shope, Rep. Thorpe, Sen. Ward, ARS TitlesAffected: 32

S 1092 SCHOOL FINANCE; FUNDINGSYSTEMEstablishes the Arizona K-12 Education Fund, to beadministered by the Department of Education, con-sisting of monies generated by the qualifying tax ratefor equalization assistance and monies appropriatedfrom the general fund for basic state aid and additionalstate aid for schools. The State Treasurer is required todeposit $150 million from county school district taxlevies in the Classroom Site Fund. Monies in theClassroom Site Fund that are transferred to the Fundfrom county school district tax levies must be distrib-uted to school districts on a per pupil basis and usedfor “educational enhancements.” These monies mustbe held in a separate trust fund account and cannot becomingled with any other monies in the state treasuryexcept for investment purposes. Surplus monies donot revert to the general fund. Session law establishesqualifying tax rate changes for property not located ina school district and property in a school district that isnot eligible for equalization assistance for FY2013-14through FY2018-19, as an increasing percentage ofthe applicable qualifying tax rate prescribed by statute.Session law also requires county treasurers to transmita portion of the monies received from the qualifyingtax rate for deposit in the Classroom Site Fund in thefollowing amounts: $0 in FY2013-14, $30 million inFY2014-15, $60 million in FY2015-16, $90 million inFY2016-17, $120 million in FY2017-18, and $150million in FY2018-19 and after. Due to voter protec-tion, this bill requires the affirmative vote of at least3/4 of each house of the Legislature for passage. FirstSponsor: Sen. Crandell Other Sponsors: Rep.Barton, Rep. Mitchell, Rep. J. Pierce, Rep. Seel, Rep.Shope, Rep. Thorpe, Sen. Ward, Sen. Yarbrough, Sen.D. Farnsworth, ARS Titles Affected: 15

S 1093 FEDERAL AGENCIES;REGISTRATION WITH SHERIFFAny federal agency that comes into a county to con-duct authorized business is required to register itspresence with a present a warrant that complies withthe fourth amendment to the U.S. Constitution to thecounty sheriff. The sheriff is authorized to impose afee on the federal agency for completing the registra-tion application. The federal agency is required to for-ward all monies collected as a result of fines, fees orpenalties within the county to the county board ofsupervisors. The board of supervisors is required toforward 50 percent of the monies to the state treasurerfor deposit in the state general fund. First Sponsor:Sen. Crandell Other Sponsors: Rep. Barton, Sen.Griffin, Rep. Mitchell, Rep. Seel, Rep. Shope, Rep.Thorpe, Sen. Ward, Sen. D. Farnsworth, ARS TitlesAffected: 11

S 1094 SCHOOL EMPLOYEES; PAYCHECKDEDUCTIONS; AUTHORIZATIONSchool boards and school district superintendents areprohibited from deducting any third party paymentfrom an employee’s paycheck unless the employeeannually provides advance express written or elec-tronic authorization. Some exceptions. Violations aresubject to a civil penalty of at least $10,000, to bedeposited in the state general fund. Severabilityclause. Emergency clause. First Sponsor: Sen.Crandell Other Sponsors: Rep. Barton, Sen. Griffin,Rep. Mitchell, Rep. Seel, Rep. Shope, Rep. Thorpe,Sen. Ward, ARS Titles Affected: 15

S 1095 WITHDRAWAL FROM PARCCThe state is required to withdraw from the Partnershipfor Assessment of Readiness for College and Careers(PARCC) and is prohibited from implementing theassessments aligned to the common core standards byPARCC. The state is prohibited from entering into orrenewing an agreement with any outside entity thatdevelops academic standards and assessments for usein multiple states unless the Board of Education noti-fies the Speaker of the House of Representatives andthe President of the Senate in writing during a legisla-tive session. First Sponsor: Sen. Crandell OtherSponsors: Rep. Seel, Rep. Thorpe, Sen. Ward, ARSTitles Affected: 15

S 1096 LEGAL TENDER; ESCROW AGENTSLegal tender in Arizona consists of legal tenderauthorized by Congress, specie coin issued by theU.S. government, and any other “specie” (defined ascoin or bullion having gold or silver content) that acourt of competent jurisdiction rules to be within thescope of state authority to make a legal tender. Aperson cannot compel another person to tender oraccept specie legal tender, except as expressly pro-

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Page 20: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

vided by contract. The exchange of one form of legaltender for another does not give rise to liability for anytype of tax. Legal tender is money and is not subjectto taxation or regulation as property other than money.The Attorney General is required to enforce this legis-lation without prejudice to an individual’s right ofjudicial action. Adds a new article to statute to author-izing escrow agents to provide legal tender services,including exchanging money in one legal tender classfor money in another legal tender class. In deter-mining the amount of tax for specie legal tender, a tax-payer is required to use the most recent paper dollarLondon fixing price for the specie legal tender used bythe purchaser. The Department of Revenue is requiredto prescribe by rule a method for determining theamount of tax due if the paper dollar London fixingprice is not available for a particular day. Effectivefrom and after 90 days after the 52nd Legislature, 1stRegular Session adjourns sine die. First Sponsor:Sen. Crandell Other Sponsors: Rep. Barton, Rep.Borrelli, Rep. E. Farnsworth, Rep. Kwasman, Rep.Livingston, Rep. Mitchell, Rep. Seel, Rep. Thorpe,Rep. Townsend, Sen. Ward, ARS Titles Affected: 642

S 1097 SILVER ALERT NOTIFICATIONSYSTEMThe Department of Public Safety is required to estab-lish the silver alert notification system as a quickresponse system designed to issue and coordiate alertsfollowing the report of a missing person who is 65year of age or older under specified conditions. FirstSponsor: Sen. Griffin Other Sponsors: Sen. Ableser,Sen. Barto, Rep. Barton, Sen. Biggs, Rep. Borrelli,Sen. Bradley, Sen. Burges, Sen. Cajero Bedford, Sen.Crandell, Sen. Driggs, Sen. Farley, Sen. Gallardo,Rep. Gowan, Sen. Hobbs, Rep. Kwasman, Sen.Landrum Taylor, Rep. Lesko, Rep. Livingston, Rep.McCune Davis, Sen. McGuire, Sen. Melvin, Sen.Meza, Rep. Mitchell, Sen. Murphy, Sen. Pancrazi,Rep. Petersen, Rep. J. Pierce, Sen. S. Pierce, Rep.Pratt, Sen. Reagan, Sen. Shooter, Rep. Smith, Rep.Stevens, Rep. Thorpe, Sen. Tovar, Sen. Ward, Sen.Worsley, Sen. Yarbrough, Sen. Yee, Sen. Begay, Sen.D. Farnsworth, ARS Titles Affected: 41

S 1098 OFFICE OF FILM & MEDIAEstablishes the Governor’s Office of Film and Mediato promote film and media production in Arizona, andrequires the Governor to appoint a Director of theOffice. Appropriates $612,500 from the general fundin FY2014-15 to the Office. First Sponsor: Sen.Begay Other Sponsors: Sen. Ableser, Rep. Borrelli,Sen. Bradley, Sen. Cajero Bedford, Rep. Cardenas,Rep. Hernandez, Sen. Driggs, Rep. Gabaldon, Sen.Gallardo, Rep. Gonzales, Rep. Hale, Sen. Hobbs, Sen.Landrum Taylor, Sen. McComish, Sen. McGuire, Sen.Melvin, Rep. Miranda, Rep. Orr, Sen. Pancrazi, Rep.Peshlakai, Sen. S. Pierce, Rep. Shope, Rep. Steele,Sen. Tovar, ARS Titles Affected: 41

S 1099 NAVAJO CODE TALKERS’ DAYAugust 14 of each year is designated as Navajo CodeTalkers’ Day, which is not a legal holiday. FirstSponsor: Sen. Begay Other Sponsors: Sen. Ableser,Sen. Barto, Sen. Biggs, Rep. Borrelli, Sen. Bradley,Sen. Burges, Sen. Cajero Bedford, Rep. Cardenas,Sen. Crandell, Sen. Driggs, Sen. Gallardo, Rep.Gonzales, Sen. Griffin, Rep. Hale, Sen. Hobbs, Sen.Landrum Taylor, Sen. McComish, Sen. McGuire, Sen.Melvin, Sen. Murphy, Sen. Pancrazi, Rep. Peshlakai,Rep. Petersen, Sen. S. Pierce, Rep. Pratt, Sen. Shooter,Rep. Steele, Sen. Tovar, Sen. Ward, Sen. Worsley,Sen. Yarbrough, Sen. Yee, Sen. D. Farnsworth, ARSTitles Affected: 1

S 1100 SCHOOLS; UNUSED ORUNDERUSED BUILDINGSBy July 1 of each year, school districts are required toreport to the Department of Education any buildingsthat were unused during a school year. In 2014, schooldistricts must report any buildings that were vacant inschool years 2011-12, 2012-13 and 2013-14 and thatremain vacant. If a school district building was unusedduring the 2012-13 school year or was operating at 50percent or less capacity in 2011-12 and 2012-13, thedistrict is required to make the unused school buildingavailable for lease or sale to charter schools and pri-vate schools. If the district does not receive a bid orenter into an agreement within one year, the district isrequired to sell the building to the highest bidder.Establishes requirements for leases or purchases bycharter schools or private schools. First Sponsor:Sen. Yee Other Sponsors: Sen. Barto, Rep. Gray,Sen. Griffin, Rep. Lesko, Rep. Livingston, Sen.Melvin, Rep. Montenegro, Sen. Murphy, Rep. Pratt,Rep. Townsend, Sen. Ward, Sen. Worsley, Sen.

Yarbrough, Sen. D. Farnsworth, ARS TitlesAffected: 15

S 1101 APPROP; ADE; ECONOMICEDUCATION GRANTSAppropriates $150,000 from the general fund inFY2014-15 to the Department of Education to issue agrant to a statewide council on economic educationfor the purpose of providing professional developmentto teachers in economic education. First Sponsor:Sen. Yee Other Sponsors: Sen. Bradley, Sen.Crandell, Rep. Livingston, Sen. Murphy, Sen. Ward,Sen. Begay, ARS Titles Affected: 41

S 1102 SCHOOL FACILITIES BOARDREVISIONSSchool districts are required to report to the SchoolFacilities Board (SFB) the nature and cost of majorrepairs or improvements to building systems or equip-ment that were made in the previous year and thatwere paid for either with local monies or monies pro-vided by the SFB from the Building Renewal GrantFund. Districts must also report any school or schoolbuildings that have been closed, leased to anotherentity or that operate as a charter school. If a schooldistrict converts space to be used for administrativepurposes, the district is responsible for any costs asso-ciated with the conversion, maintenance and replace-ment of that space. Provides a process and formula forthe SFB to adjust the age of a school facility that issignificantly upgraded or remodeled. First Sponsor:Sen. Yee Other Sponsors: Sen. Bradley, Sen.Crandell, Rep. Lesko, Rep. Livingston, Sen. McGuire,Sen. Melvin, Sen. Murphy, Sen. Ward, Sen. Begay,Sen. D. Farnsworth, ARS Titles Affected: 15

S 1103 REGISTRAR OF CONTRACTORS;CONTINUATIONThe statutory life of the Registrar of Contractors isextended 10 years to July 1, 2024. Retroactive to July1, 2014. First Sponsor: Sen. Worsley OtherSponsors: Sen. Farley, Sen. McComish, Sen. S.Pierce, Sen. Reagan, ARS Titles Affected: 41

S 1104 STATE EMPLOYEES; BACKFILLING;REWARD INCENTIVESThe Department of Administration is authorized toadopt rules to provide incentive rewards to stateemployees for backfilling vacant positions. The headof each governmental unit is authorized to usevacancy savings to provide incentive rewards foremployees who backfill vacant positions in an amountof up to 1/3 of the vacancy savings realized for thatposition for up to 5 years. The other 2/3 of thevacancy savings reverts to the fund from which it wasappropriated. First Sponsor: Sen. Worsley OtherSponsors: Sen. Farley, Sen. McComish, Sen. S.Pierce, Sen. D. Farnsworth, ARS Titles Affected: 38

S 1105 JLBC; ECONOMIC IMPACTFiscal notes prepared by the Joint Legislative BudgetCommittee on pending legislation are required, ifpractical, to reflect any significant fiscal impact oflegislation on the state’s private sector economy. FirstSponsor: Sen. Worsley Other Sponsors: Sen. Driggs,Sen. Farley, Sen. McComish, Sen. S. Pierce, Sen. D.Farnsworth, ARS Titles Affected: 41

S 1106 VIRTUAL BORDER FENCE;APPROPRIATIONStatute authorizing the Governor to enter into an inter-state compact to build a border fence is modified toinstead allow construction and maintenance of a vir-tual fence within 20 miles of the Arizona-Mexicoborder. Appropriates $30 million from the generalfund in FY2014-15 to the Joint Border SecurityAdvisory Committee for the construction of the vir-tual border fence. First Sponsor: Sen. Worsley OtherSponsors: Sen. Driggs, Rep. Livingston, Sen.McComish, Sen. S. Pierce, Sen. Reagan, Sen. D.Farnsworth, ARS Titles Affected: 41

S 1107 SCHOOLS; ACADEMIC CREDIT;ONLINE COURSESIf a student enrolled full time in a school district orcharter school concurrently takes online courses froman accredited postsecondary institution, the school dis-trict or charter school is required to accept the coursecredits earned if the student achieves a passing scoreon an end-of-course assessment. First Sponsor: Sen.Worsley Other Sponsors: Rep. Brophy McGee, Rep.Coleman, Sen. Crandell, Sen. McComish, Sen.Melvin, Rep. Montenegro, Rep. Petersen, Sen. S.Pierce, Rep. Thorpe, Sen. D. Farnsworth, ARS TitlesAffected: 15

S 1108 TECH CORRECTION; REGENTS;LAND FUNDSMinor change in Title 15 (Education) related to expen-diture of land funds by the Arizona Board of Regents.

Apparent striker bus. First Sponsor: Sen. ShooterARS Titles Affected: 15

S 1109 TECH CORRECTION; PUBLICEMPLOYEES; EXPENSESMinor change in Title 38 (Public Officers andEmployees) related to public employee travelexpenses. Apparent striker bus. First Sponsor: Sen.Shooter ARS Titles Affected: 38

S 1110 TECH CORRECTION; JURY;EXPENSESMinor change in Title 21 (Juries) related to juryexpenses. Apparent striker bus. First Sponsor: Sen.Shooter ARS Titles Affected: 21

S 1111 TECH CORRECTION; NONPROBATETRANSFERSMinor change in Title 14 (Trusts and Estates) relatedto nonprobate transfers of securities. Apparent strikerbus. First Sponsor: Sen. Shooter ARS TitlesAffected: 14

S 1112 TECH CORRECTION; GUARDIANSMinor change in Title 1 (Trusts and Estates) related tomilitary member power of attorney. Apparent strikerbus. First Sponsor: Sen. Shooter ARS TitlesAffected: 14

S 1113 TECH CORRECTION; LIQUOR;LIABILITYMinor change in Title 4 (Alcoholic Beverages) relatedto liquor liability. Apparent striker bus. FirstSponsor: Sen. Shooter ARS Titles Affected: 4

S 1114 SCHOOLS; COMPULSORYATTENDANCE AGE; INCREASESchool attendance is mandatory for children if theyare between six and 18 years of age (formerly,between six and 16) unless the child has obtain a highschool diploma or G.E.D. or has graduated from ahome school program. First Sponsor: Sen. McGuireOther Sponsors: Sen. Ableser, Rep. Alston, Rep.Cardenas, Sen. Farley, Sen. Gallardo, Sen. Hobbs,Sen. Meza, Sen. Pancrazi, Rep. Pratt, Rep. Quezada,Sen. Tovar, Sen. Begay, ARS Titles Affected: 15

S 1115 SEAT BELTS; SCHOOL BUSESBeginning January 1, 2015, each school bus pur-chased in Arizona must be equipped with lap belts.First Sponsor: Sen. McGuire Other Sponsors: Sen.Ableser, Rep. Alston, Rep. Cardenas, Sen. Farley, Sen.Gallardo, Sen. Hobbs, Sen. Meza, Sen. Pancrazi, Rep.Quezada, Sen. Begay, ARS Titles Affected: 28

S 1116 COUNTY SEAL; BOARD APPROVALA person is permitted to use, display or otherwiseemploy a copy or other resemblance of the county sealonly after obtaining approval from the county board ofsupervisors. The board of supervisors may grantapproval to any person showing good cause for aproper purpose, and may adopt rules for the use of thecounty seal. Knowing violations are a class 3 (mid-level) misdemeanor. First Sponsor: Sen. McGuireOther Sponsors: Rep. Alston, Sen. Burges, Rep.Cardenas, Sen. Crandell, Sen. Driggs, Sen. Gallardo,Sen. Hobbs, Sen. Landrum Taylor, Rep. Mach, Sen.McComish, Sen. Meza, Sen. Pancrazi, Rep. Pratt,Rep. Quezada, Sen. Reagan, Sen. Ward, Sen. Worsley,Sen. Yarbrough, Sen. Yee, Sen. D. Farnsworth, ARSTitles Affected: 11

S 1117 UNEMPLOYMENT INSURANCE;ELIGIBILITY; FULL-TIME STUDENTSThe Department of Economic Security is prohibitedfrom presuming an individual is unavailable for workand disqualify the individual from receiving unem-ployment insurance benefits on the basis of the indi-vidual attending school as a full-time student. FirstSponsor: Sen. McGuire Other Sponsors: Rep.Alston, Sen. Farley, Sen. Gallardo, Sen. Hobbs, Sen.Meza, Sen. Pancrazi, Rep. Quezada, ARS TitlesAffected: 23

S 1118 HUNTING ON PRIVATE LAND;TRESPASSINGThe list of circumstances under which the entry of aperson for the taking of wildlife is grounds for anaction for criminal trespassing is expanded to includethat the person knowingly remains unlawfully on theproperty after a reasonable request to leave by a lawenforcement officer acting at the request of the owner.First Sponsor: Sen. S. Pierce Other Sponsors: Rep.Gowan, Sen. Pancrazi, Rep. Pratt, ARS TitlesAffected: 17

S 1119 HEALTH INSURANCE; INTERSTATEPURCHASEHealth and disability insurers that issue policies andhold a certificate of authority in another state areauthorized to issue health or sickness insurance inArizona, and a person is permitted to purchase a

policy, if the insurer registers with and provides speci-fied information to the Department of Insurance. Anypolicy issued under this authorization must meet thebenefit requirements of other policies issued in thestate where the insurer holds a certificate of authority.Circumstances under which the Dept may revoke aninsurer’s registration are specified. First Sponsor:Sen. S. Pierce ARS Titles Affected: 20

S 1120 HOSPITAL STAFF PRIVILEGES;PROHIBITIONHospital governing boards are prohibited fromrequiring a licensed physician to be a participatingprovider under Titla 18 or 19 of the social security actas a condition for eligibility for staff privileges. FirstSponsor: Sen. Ward Other Sponsors: Rep. Borrelli,Rep. Boyer, Sen. Burges, Rep. Livingston, Sen.Murphy, Sen. Yee, ARS Titles Affected: 36

S 1121 HIGH SCHOOL GRADUATION;TESTS; MORATORIUMSchool districts and charter schools are prohibitedfrom administering a standardized test during the2014-15, 2015-16 and 2016-17 school years to anystudent if the student is required to obtain a passingscore on that test in order to graduate from highschool. First Sponsor: Sen. Ward Other Sponsors:Sen. Ableser, Rep. Borrelli, Rep. Boyer, Sen. Burges,Rep. Livingston, ARS Titles Affected: 15

S 1122 MARIJUANA; DEFINITIONFor the purpose of the Criminal Code, the definitionof “marijuana” does not include the plant cannabissativa L and any part of the plant. First Sponsor: Sen.Ward Other Sponsors: Rep. Borrelli, Sen. Yee, ARSTitles Affected: 13

S 1123 PROPERTY; LIABILITY; SCHOOLS;RECREATIONAL USERSFor the purpose of statute limiting the liability of aproperty owner to a recreational user, the definition of“recreational user” no longer excludes a student whois on the way to or from school. First Sponsor: Sen.Ward Other Sponsors: Rep. Borrelli, Rep. Boyer,Rep. Livingston, Sen. Yee, ARS Titles Affected: 33

S 1124 CONTROLLED SUBSTANCESPRESCRIPTION MONITORING PROGRAMUpdates the version of the standard implementationguide that dispensers of controlled substances mustuse for the Controlled Substances PrescriptionMonitoring Program, and expands the list of personswho may receive data collected by the Program toinclude a delegate who is authorized by a prescriber ordispenser. First Sponsor: Sen. Ward OtherSponsors: Sen. Ableser, Rep. Borrelli, Sen. Bradley,Sen. Burges, Rep. Livingston, ARS Titles Affected:36

S 1125 TECH CORRECTION; MAIL BALLOTELECTIONSMinor change in Title 16 (Elections) related to mailballot elections. Apparent striker bus. First Sponsor:Sen. Melvin ARS Titles Affected: 16

S 1126 TECH CORRECTION; EDUCATION;FEDERAL FUNDSMinor change in Title 15 (Education) related to dis-bursement of federal funds. Apparent striker bus. FirstSponsor: Sen. Melvin ARS Titles Affected: 15

S 1127 TECH CORRECTION; WAGE RATESMinor change in Title 23 (Labor) related to wagerates. Apparent striker bus. First Sponsor: Sen.Melvin ARS Titles Affected: 23

S 1128 TECH CORRECTION; CHILDCUSTODYMinor change in Title 25 (Domestic Relations) relatedto child custody. Apparent striker bus. First Sponsor:Sen. Melvin ARS Titles Affected: 25

S 1129 TECH CORRECTION; BOATINGRULESMinor change in Title 5 (Amusements and Sports)related to boating and water sports. Apparent strikerbus. First Sponsor: Sen. Melvin ARS TitlesAffected: 5

S 1130 TECH CORRECTION; EARLYVOTINGMinor change in Title 15 (Education) related to schoolelections. Apparent striker bus. First Sponsor: Sen.Melvin ARS Titles Affected: 15

S 1131 COUNTY TREASURER; LIABILITYSpecifies that disbursing county money as providedby law discharges the county treasurer from any fur-ther liability for the monies or application of themonies. First Sponsor: Sen. Griffin Other Sponsors:

Section B • 20 ARIZONA CAPITOL TIMES • AzCapitolTimes.com January 24, 2014

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Page 21: Arizona Capitol Times · 1/1/2014  · January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 1 LEGISLATIVE BILL SUMMARIES 51st Legislature Second Regular Session

Legislative Bill Summaries As of 11:20 a.m. January 22COPYRIGHT BY ARIZONA CAPITOL REPORTS, LLC

Rep. Gowan, Rep. Livingston, Rep. Stevens, ARSTitles Affected: 11

S 1132 MOBILE HOMES; RELOCATIONEXPENSESIncreases the maximum amount of relocation assis-tance a mobile home owner may receive from theMobile Home Relocation Fund under specified cir-cumstances to $1,500, from $1,000. The payment ofrelocation expenses must be made on completion ofthe relocated mobile or manufactured home installa-tion, instead of at or before the time of relocation.First Sponsor: Sen. Griffin Other Sponsors: Rep.Gowan, Rep. Livingston, Rep. Stevens, ARS TitlesAffected: 33 41

S 1133 BUILIDING CODE MORATORIUM;REPEALRepeals the moratorium on new or modified residen-tial or commercial building codes that was in effectfrom June 30, 2009 to June 30, 2011. First Sponsor:Sen. Griffin ARS Titles Affected: 9

S 1134 SALES TAX; REDUCED REPORTINGREQUIREMENTSTaxpayers with annual transaction privilege tax lia-bility between $2,000 and $8,000 are required to payTPT on a quarterly basis (instead of a monthly basis),and taxpayers with annual TPT liability of less than$2,000 are required to pay on an annual basis.(Previously, taxpayers with less than $500 annual TPTliability were permitted to pay annually, and taxpayerswith between $500 and $1,250 annual TPT liabilitywere permitted to pay quarterly). First Sponsor: Sen.Farley Other Sponsors: Sen. Burges, Rep. Cardenas,Rep. Gallego, Sen. Griffin, Sen. Hobbs, Rep.Kwasman, Rep. Lesko, Rep. Livingston, Sen.McGuire, Sen. Meza, Rep. Orr, Rep. J. Pierce, Sen.Reagan, Rep. Shope, Rep. Thorpe, Sen. Worsley, Sen.Yarbrough, Sen. D. Farnsworth, ARS TitlesAffected: 42

S 1135 QUALIFIED IMMUNITY; NONPROFITCLINICSStatute exempting health professionals providing carewithin the scope of their licensure at a nonprofit clinicfrom liability in a medical malpractice action isexpanded to include medical or dental screening andoptometric treatment or screening. Also adds a defini-tion of “nonprofit clinic” for the purpose of the immu-nity. First Sponsor: Sen. Barto ARS Titles Affected:12

S 1136 ACUPUNCTURE BOARD OFEXAMINERSVarious changes relating to the Acupuncture Board ofExaminers. Applicants for licensure are required todisclose all other active and past professional healthcare licenses and certificates issued to the applicant inthis or another state. In leiu of certification by a

licensing body, an applicant may pass specified mod-ules offered by the National Certification Commissionfor Acupuncture in order to qualify for licensure.Beginning July 1, 2016, Board licensees are requiredto have a valid fingerprint clearance card. All Boardmembers, instead of only consumer members, are eli-gible to receive compensation and reimbursement ofexpenses. First Sponsor: Sen. Barto ARS TitlesAffected: 32

S 1137 AFRICAN-AMERICAN AFFAIRSFUND; APPROPAppropriates $125,000 from the general fund inFY2014-15 to the Arizona Commission of African-American Affairs Fund. First Sponsor: Sen. LandrumTaylor Other Sponsors: Sen. Cajero Bedford, Sen.Shooter, Sen. Begay, ARS Titles Affected: 41

S 1138 TECH CORRECTION; PARENTASSISTANCE HOTLINEMinor change in Title 8 (Children) related to theparent assistance program. Apparent striker bus. FirstSponsor: Sen. Landrum Taylor ARS Titles Affected:8

S 1139 TECH CORRECTION; COUNTYLIBRARY DISTMinor change in Title 11 (Counties) related to countylibrary districts. Apparent striker bus. First Sponsor:Sen. Landrum Taylor ARS Titles Affected: 11

S 1140 TECH CORRECTION; TAX COURT;DECISIONSMinor change in Title 12 (Courts) related to tax courtdecisions. Apparent striker bus. First Sponsor: Sen.Landrum Taylor ARS Titles Affected: 12

S 1141 TECH CORRECTION;PRESENTATION OF CLAIMMinor change in Title 11 (Counties) related to presen-tation of claims against a county. Apparent striker bus.First Sponsor: Sen. Landrum Taylor ARS TitlesAffected: 11

S 1142 TECH CORRECTION; COUNTYFISCAL PROVISIONSMinor change in Title 11 (Counties) related to countyfiscal provisions. Apparent striker bus. First Sponsor:Sen. Landrum Taylor ARS Titles Affected: 11

S 1143 TECH CORRECTION; CHANGE OFVENUEMinor change in Title 12 (Courts) related to change ofvenue by consent. Apparent striker bus. FirstSponsor: Sen. Landrum Taylor Other Sponsors: Sen.Shooter, ARS Titles Affected: 12

S 1144 APPROP; K-3 READING PROGRAMAppropriates $40 million from the general fund inFY2014-15 to the Department of Education to providefunding for intervention and remedial reading strate-gies for students in grades K-3. First Sponsor: Sen.

Landrum Taylor Other Sponsors: Sen. CajeroBedford, Sen. Begay, ARS Titles Affected: 15 41

S 1145 TECH CORRECTION; EVIDENCE;MEDICAL MALPRACTICEMinor change in Title 12 (Courts) related to evidencein medical malpractice actions. Apparent striker bus.First Sponsor: Sen. Landrum Taylor ARS TitlesAffected: 12

S 1146 TAX CREDIT; ACCOUNTINGSERVICESFor tax years 2015 through 2019, establishes an indi-vidual income tax credit for up to 50 percent of theamount of expenses for professional accounting orbookkeeping services incurred by a taxpayer whoreports income or loss from a business operated orprofession practiced as a sole proprietor on scheduleC. The maximum amount of the credit is $500 peryear. Self-repeals January 1, 2020. First Sponsor:Sen. Farley Other Sponsors: Sen. Reagan, Sen.Tovar, ARS Titles Affected: 43

S 1147 TEXT MESSAGING WHILE DRIVING;PROHIBITIONIt is a nonmoving civil traffic violation to use a wire-less communication device to send or receive awritten message while operating a motor vehicle.Some exceptions. Violations are subject to a civilpenalty of $100 for a first violation and $300 for asecond or subsequent violation, or $300 if the personis involved in a motor vehicle accident. FirstSponsor: Sen. Farley Other Sponsors: Rep.Cardenas, Sen. Gallardo, Rep. Kavanagh, Sen.McComish, Sen. McGuire, Rep. Orr, Sen. Pancrazi,Sen. Shooter, Rep. Steele, Sen. Tovar, Sen. Begay,ARS Titles Affected: 28

S 1148 TECH CORRECTION; AHCCCS;CAPITATION RATESMinor change in Title 36 (Public Health) related toAHCCCS capitation rate adjustments. Apparentstriker bus. First Sponsor: Sen. D. Farnsworth ARSTitles Affected: 36

S 1149 TECH CORRECTION; PRISONEREDUCATION; BUDGETMinor change in Title 31 (Prisons and Prisoners)related to prisoner education services budget.Apparent striker bus. First Sponsor: Sen. D.Farnsworth ARS Titles Affected: 31

S 1150 SEWER CONNECTION; COUNTYISLANDS; PROHIBITIONMunicipalities are prohibited from requiring a prop-erty owner in the municipal planning area to connectto the municipal sewer system if the property islocated in a county island. This prohibition preemptsall local laws, ordinances and charter provisions to thecontrary. First Sponsor: Sen. D. Farnsworth Other

Sponsors: Sen. Barto, Rep. Borrelli, Rep. Boyer, Sen.Crandell, Rep. Gowan, Sen. Griffin, Rep. Lesko, Rep.Livingston, Sen. Meza, Rep. Mitchell, Rep.Montenegro, Sen. Murphy, Rep. Petersen, Sen.Reagan, Sen. Shooter, Rep. Thorpe, Rep. Townsend,Sen. Ward, Sen. Yarbrough, Sen. Yee, ARS TitlesAffected: 9

S 1151 FOWL REGULATION; PROHIBITIONMunicipalities are prohibited from adopting a zoningordinance that prohibits a resident of a single-familydetached residence from keeping fowl in the backyardof the property. Municipalities may restrict thenumber of fowl. This legislation preempts all locallaws, ordinances and charter provisions to the con-trary. First Sponsor: Sen. D. Farnsworth OtherSponsors: Rep. Borrelli, Rep. Boyer, Sen. Burges,Sen. Crandell, Sen. Farley, Sen. Hobbs, Rep.Livingston, Sen. Meza, Rep. Mitchell, Rep.Montenegro, Sen. Murphy, Rep. Petersen, Sen.Reagan, Rep. Seel, Sen. Shooter, Rep. Steele, Rep.Stevens, Rep. Townsend, Sen. Ward, Sen. Yee, Sen.Begay, ARS Titles Affected: 9

S 1152 TRANSPORTATION SAFETY ZONES;PASSENGER AREASMunicipalities are prohibited from establishing pas-senger convenience areas and taxi and livery vehiclelanes within a transportation safety zone.Municipalities are authorized to establish a transporta-tion safety zone if specified conditions are met. FirstSponsor: Sen. Crandell Other Sponsors: Rep.Alston, Rep. Fann, Sen. Hobbs, Rep. Kavanagh, Rep.Meyer, ARS Titles Affected: 41

SCR 1001 TECH CORRECTION; STATETRUST LANDSThe 2014 general election ballot is to carry the ques-tion of whether to make a minor change in Article X,section 4 of the state Constitution related to state trustlands. Apparent striker bus. First Sponsor: Sen.Griffin ARS Titles Affected: 98

SCR 1002 DEATH PENALTY; PROHIBITIONThe 2014 general election ballot is to carry the ques-tion of whether to amend the state Constitution to pro-hibit the death penalty in Arizona. First Sponsor:Sen. Ableser Other Sponsors: Sen. Bradley, Sen.Gallardo, Sen. Hobbs, Rep. Mendez, Sen. Meza,ARS Titles Affected: 22 23

SR 1001 VALERIE SCANLAN; DEATHRESOLUTIONThe members of the Senate express regret at thepassing of Valerie Scanlan, former Rotary DistrictGovernor for Southern Arizona, and extend theirdeepest sympathies to her husband, family membersand many friends. First Sponsor: Sen. Griffin ARSTitles Affected: 99

January 24, 2014 ARIZONA CAPITOL TIMES • AzCapitolTimes.com Section B • 21

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