A city that holds nonpartisan elections may set the minimum number of signatures required on the nominating petition for mayor or other office elected at-large to be either 1,000 or 5% of "the vote in the city," but in no case more than 10% of the vote. Formerly, the minimum number of signatures required was 5%.

First sponsor: Rep. Reagan
Others: Rep. Ableser, Rep. Barnes, Sen. C. Allen, Sen. Burton Cahill, Sen. Tibshraeny

The state equalization assistance property tax, suspended since 2006 but scheduled to resume in 2009, is repealed.

First sponsor: Rep. Biggs
Others: Rep. Adams, Rep. Antenori, Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Boone, Rep. Burges, Rep. Court, Rep. Crandall, Rep. Crump, Rep. Driggs, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Jones, Rep. Kavanagh, Rep. Lesko, Rep. Mason, Rep. McComish, Rep. McLain, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Pratt, Rep. Quelland, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Tobin, Rep. Jim Weiers, Rep. Jerry Weiers, Rep. Williams, Rep. Yarbrough, Sen. Gorman

Changes in statutes pertaining to payment of construction contracts by owners. A contractor may submit a bill for final payment upon final completion (defined as the earlier of the date of final inspection and written acceptance by the governmental entity responsible or when the work (or a designated portion of the work) has been completed in accordance with the contract. The bill is deemed to have been certified and approved if the owner does not issue a written statement of why the work is not complete. Owners must pay contractors within 7 days after the bill for final payment has been certified and approved. More.

First sponsor: Rep. Reagan
Others: Rep. Cloves Campbell, Rep. Chabin, Rep. Crandall, Rep. Schapira

The statutory population threshold above which a county is required to have a five-member board of supervisors is lowered to 175,000 from 200,000 persons. For a county whose population is between 100,000 and 175,000, the requirements and procedures by which it may change from a three-member board to a five-member board or from a five-member board to a three-member board are unchanged. Counties with a 2000 census population greater than 175,000 that still have three-member board shall take steps to implement a five-member board to be elected at the 2010 general election. The initial term of office for the two new members elected at that time shall be two year. [Capitol Reports note: affects only Pinal County.] AS SIGNED BY GOVERNOR.

First sponsor: Rep. Williams
Others: Rep. Pratt, Sen. Melvin

The classification of the crime of human smuggling is increased to a class 3 felony from a class 4 felony. Additionally, the classification of the crime of forgery is increased to a class 3 violation from a class 4 if the forgery is used to secure a drop house for human smuggling.

First sponsor: Rep. Sinema
Others: Rep. Barto, Rep. Chad Campbell, Rep. Farley, Rep. Kavanagh, Rep. Lujan, Rep. Meyer, Rep. Reagan, Rep. Waters, Sen. Paton

The Department of Transportation shall coordinate a transportation district working group to study and recommend measures related to dividing the state into six transportation districts. Members of the working group shall include representatives from the councils of government and metro planning organizations. Session law only, does not change statute.

First sponsor: Rep. Biggs

The time period during which the buyer of a newly constructed dwelling may file a complaint with the Registrar of Contractors (ROC) against the homebuilder is changed to two years after the close of escrow or actual occupancy, whichever occurs first, instead of 2 years after the commission of a violation. The list of actions for which a contractor may have his/her contractors’ license revoked or suspended is changed to delete the commission of “wrongful acts” (the commission of fraudulent acts remains a cause for suspension or revocation). Language requiring the use of ten-point type in a contract to explain a customer’s rights to file a complaint with the Registrar is changed to state “at least” ten point type. Instances when the contractors must use the ROC license number are clarified. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Antenori

Domestic water improvement districts must charge rates or fees for water and related services that are “just and reasonable” and do not require one class or category of water user to bear a disproportionate share of the costs of water.

First sponsor: Rep. Konopnicki

Minor change in title 32 (professions & occupations), relating to indemnity agreements in construction contracts. Apparent striker bus.

First sponsor: Rep. Konopnicki

The list of official reasons that may be given by a county board of health or local health or environmental department for entering a premises without permission or warrant is expanded to include investigation of a source of filth or cause of sickness. AS PASSED HOUSE.

First sponsor: Rep. Barnes

The permitted uses of municipal and county development fees is expanded to include public transportation.

First sponsor: Rep. Farley
Others: Rep. Chad Campbell, Rep. Chabin, Rep. Young Wright

Regulations are established for private property towers (defined as any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle and uses a vehicle designed for or adapted to perform these services), including enforcement powers, appeals, hearings and criminal and civil penalties.  The Department of Public Safety is required to establish rules for the administration and enforcement of these regulations.  Rates charged by such towers shall be set by the Dept.  Sunsets on July 1, 2019.   

First sponsor: Rep. Ableser
Others: Rep. Biggs

State agencies are prohibited from making any new rule that would impose increased monetary or regulatory costs on other state agencies, political subdivisions, persons, or individuals.  Exemptions for rule-making done to avoid a violation of a federal law or court order that could result in sanctions or to prevent an imminent threat to public health or safety.  Self-repeals July 1, 2010.  Emergency clause. AS PASSED HOUSE.

First sponsor: Rep. Tobin

Various changes to the statute governing municipal development fees, including a prohibition against imposition of a new fee or an increased portion of a modified development fee for 24 months after the municipality's final approval of the project. [Capitol Reports note: the automatic annual adjustment based on a national index currently permitted by statute is not included in this prohibition.] Effective on Jan. 1, 2010.  

First sponsor: Rep. Biggs
Others: Rep. Quelland, Sen. Paton

Counties and municipalities are prohibited from adopting any code or ordinance that either prohibits or requires installation of fire sprinklers in a single family detached residence or any residential building that contains fewer than 3 residences.

First sponsor: Rep. Crump
Others: Rep. Barto, Rep. Biggs, Rep. Burges, Rep. Murphy, Rep. Pratt

If a rented residential property is being foreclosed, notification must be given to the tenants in a form substantially similar to what is given in this bill. Once title of the property is conveyed, the rights of the tenant to the property or to whatever prepaid rent or security may have been tendered are terminated. The information required for recordation of a sheriff's deed (when a property is sold for back taxes) is expanded to include the purchaser's name, address and the state or country in which the purchaser is chartered or licensed. AS PASSED HOUSE.

First sponsor: Rep. Crump

Employers may not take deductions from employers' paychecks for political purposes (defined) unless the employee annually provides written authorization to do so. If a deduction is made for multiple purposes, the employer may not take a deduction in excess of the percentage to which the total deduction is used for political purposes without written authorization of the employee. The short title of this act is "Protect Arizona Employees' Paychecks from Politics" Act. Severability clause.

First sponsor: Rep. Crump
Others: Rep. Barto, Rep. Boone, Rep. Crandall, Rep. Driggs, Rep. Murphy, Rep. Seel, Rep. Jerry Weiers

The list of duties of the JLBC is expanded to include an analysis of state debt, terms of financing, the impact of the debt on taxes and expenditures, the appropriate revenue streams dedicated for repayment and the total amount of state debt. The Department of Revenue must provide directly to the JLBC that portion of the Dec. 15 annual report to the Governor and Legislature on outstanding indebtedness and debt limitations that pertain to the state's debt and expenditures.

First sponsor: Rep. Kavanagh
Others: Rep. Antenori, Rep. Barnes, Rep. Barto, Rep. Boone, Rep. Burges, Rep. Court, Rep. Crump, Rep. Driggs, Rep. Gowan, Rep. Lesko, Rep. McLain, Rep. Murphy, Rep. Nichols, Rep. Pratt, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Williams

The maximum amount of the Residential Contractors Recovery Fund that the Registrar of Contractors may use to obtain equipment and services to monitor and process claims against the fund is changed to 14% of the amount deposited in the fund during the previous fiscal year from 10% of the fund balance. Emergency clause.

First sponsor: Rep. Hendrix
Others: Rep. Jones, Rep. Murphy, Rep. Reagan

Any time after a court enters a judgment, the prevailing party may request that the court issue a notice of writ of execution, which describes the judgment and may be served by the sheriff, a constable or a process server.

First sponsor: Rep. Driggs

Circumstances are prescribed under which counties and municipalities are authorized to designate renewable energy incentive districts. If formed, the county or municipality must adopt a plan to encourage the construction and operation of renewable energy equipment, including expedited zoning procedures and permitting and a waiver or abatement of certain fees.  AS SIGNED BY GOVERNOR.  

First sponsor: Rep. Mason
Others: Rep. Ableser, Rep. Boone, Rep. Chabin, Rep. Farley, Rep. Goodale, Rep. Jones, Rep. Miranda, Rep. Patterson

Numerous changes to statutes relating to energy standards. By July 1, 2015, all state agencies, universities and school districts must purchase at least 10% of their energy requirements in public buildings from renewable energy sources. All state buildings constructed on or after July 1, 2010 must conform to green building rating standards. For property tax purposes, energy efficient building components and renewable energy equipment are considered to add no value to a property. Voluntary statewide goals are established for energy efficiency in construction.  The Dept of Administration is authorized to enter into energy performance contracts for state buildings if the cost savings will be at least sufficient to cover any debt service and fees associated with project financing. Statutes allowing the Dept of Administration to keep some of the savings from renewable energy performance contracting are deleted.  Municipalities and counties are required to annually report to the Dept of Commerce information on energy efficient buildings (defined). School districts and charter schools are authorized to establish an energy and water savings account that designates capital investment monies to fund specified energy or water saving projects in school facilities, and regulations are established for deposits to and expenditures from the account.  Beginning January 1, 2012, energy efficiency standards are established for portable electric spas and residential pool pumps.  AS PASSED HOUSE.

First sponsor: Rep. Mason
Others: Rep. Ableser, Rep. Chad Campbell, Rep. Chabin, Rep. Deschene, Rep. Farley, Rep. Goodale, Rep. Lopes, Rep. Miranda, Rep. Patterson

Within 30 days of entering into a lease of property eligible for reduced taxes under a government property lease excise tax (GPLET), the government lessor must submit information about the lease to the county treasurer and Department of Revenue, the latter of which must maintain a public database of all leases subject to a GPLET tax.

First sponsor: Rep. Murphy

Effective Oct. 1, 2009, municipalities that impose an increase in the  tax rate for construction contracting that is higher than the majority of other tax rates imposed by the municipality must wait at least 120 days after the governing body votes to approve the increase for implementation. AS PASSED HOUSE.

First sponsor: Rep. Murphy

The list of factors that determine the amount of benefits a person receives from workers' compensation is expanded to include whether the worker committed any misconduct (defined as absence from work, intoxication, failure to pass or refusal to take a drug test, insubordination, dishonesty, etc).

First sponsor: Rep. Reagan
Others: Rep. McComish

The list of items for which it is illegal to discriminate in matters of housing or employment is expanded to include age, creed, disability, marital status, sex, gender identity or expression, sexual orientation or physical characteristic.

First sponsor: Rep. Cloves Campbell
Others: Rep. Heinz, Rep. Patterson

A landlord of a residential property that is the subject of foreclosure must provide each tenant with written notice of the foreclosure sale at least 60 days prior to the sale. A form for the notice is prescribed. Foreclosure terminates the lease agreement, and the tenant is not responsible for rent, utility or other obligations after the completion of the foreclosure. Legal remedies for the tenant are stipulated.

First sponsor: Rep. McGuire
Others: Rep. Ableser, Rep. Barnes, Rep. Burges, Rep. Deschene, Rep. Farley, Rep. Fleming, Rep. Garcia, Rep. Heinz, Rep. Lujan, Rep. Schapira, Rep. Waters, Sen. Garcia

Providers of construction or architect-engineering services are permitted to be indemnified against liability for loss or damage resulting from their negligence if they purchase an insurance policy or post a performance bond. They are not to be held harmless beyond the current statutory limitations nor can an insurer be excused from its duty to pay on behalf of its insureds.

First sponsor: Rep. Schapira
Others: Rep. Cloves Campbell, Rep. Chad Campbell, Rep. Hendrix, Rep. Reagan

The state Attorney General or a county attorney is specifically authorized to take all legal steps to enforce the prohibition against employers hiring illegal aliens, including issuing subpoenas. The defense of entrapment is not available to a defendant who was "predisposed" to hire an illegal and law enforcement "merely" provided the defendant an opportunity to violate the law. An employer is not entrapped if law enforcement used a ruse or otherwise concealed their identity. An employer who does not use E-Verify to verify the immigration status of employees is not eligible for licensing in this state. If an employer gets a failed verification result from E-Verify, the employer is required to notify federal immigration officials and the county attorney. A violation is punishable by a civil penalty (amount is left blank in original).

First sponsor: Rep. Seel
Others: Rep. Crump, Rep. Montenegro, Rep. Stevens, Sen. Pearce

The definition of "person injured" in statutes dealing with who has standing to file a claim with the Residential Contractors' Recovery Fund is changed to include owners of property used for residential rentals. The new definition also specifically excludes owners of residential property that is being leased if it is currently classified as owner-occupied. AS PASSED HOUSE.

First sponsor: Rep. McComish

The tax on prime contracting is suspended for three years, beginning July 1, 2009. Emergency clause.

First sponsor: Rep. Tobin

If a lender on a mortgage fails to negotiate in good faith with the owner of a residence subject to foreclosure regarding restructuring the terms of the loan (including providing contact information for housing counselors), the property will not be foreclosed upon for one year after the notice of foreclosure sale is recorded.

First sponsor: Rep. Meza
Others: Rep. Chad Campbell, Rep. Fleming

Minor change in Title 23 (labor) pertaining to the employment of illegal aliens. Apparent striker bus.

First sponsor: Rep. Konopnicki
Others: Rep. Lopes

Municipalities with a population of 75,000 or more must adopt ordinances encouraging recycling and require owners of multihousing units to take steps to implement curbside recycling. In addition, any of these cities that do not currently operate a curbside recycling program for single family residences must do so by 2012 and for multihousing units by 2013. Those that do currently operate curbside recycling for single family residences must expand the program to multihousing units by 2010.  

First sponsor: Rep. Garcia
Others: Rep. Ableser, Rep. Bradley, Sen. Miranda

When the owner of a property receives notice of a foreclosure sale pending on the property, the owner, if eligible according to a set of prescribed criteria, may request a postponement of the sale for a minimum of 60 days. The trustee must agree to the postponement during which the owner shall have the opportunity to renegotiate the terms of the loan. The trustee must assist in providing information and facilitating meetings between the owner and the lender. Self-repeals on July 1, 2012. Severability clause.  

First sponsor: Rep. Patterson
Others: Rep. Bradley, Rep. Cajero Bedford, Rep. Cloves Campbell, Rep. Chad Campbell, Rep. Garcia, Rep. Heinz, Rep. Lopes, Rep. McGuire, Rep. Miranda, Rep. Pancrazi, Rep. Sinema, Rep. Tovar, Sen. Alvarez, Sen. Garcia, Sen. Landrum Taylor, Sen. Lopez, Sen. Rios

Makes various changes to the main appropriations bill (S1188: budget; general appropriations; FY09-10). Among the changes are the sweep of university auxiliary funds is deleted. States legislative intent that federal stimulus funds be used for stated purposes, including correctional officer salaries, CPS and other child-related services and community health centers. Much more. Enactment conditional on S1188 becoming law. AS SIGNED BY GOVERNOR WITH MULTIPLE LINE ITEM EXCEPTIONS, including vetoes of provisions that: would have stated legislative intent to use specific amounts of federal stimulus money for specific purposes. Also vetoed are lump sum reductions to the depts of Economic Security, Environmental Quality, Health Services and universities. Also vetoed are all appropriations for basic and additional state aid for K-12 education and the transfer of $43 million in VLT revenue from the Highway Fund to the General Fund. GOVERNOR'S MESSAGE repeated the reasons cited in the line-item vetoes of S1188.

First sponsor: Rep. Adams
Others: Rep. McComish, Rep. Tobin

Would have made various changes to S1036 (budget reconciliation; general revenues; FY09-10), including authorizing the Corporation Commission to adjust annual registration fees for securities dealers and salesmen. County distribution of VLT revenue to local schools would have been eliminated. Municipal distribution of VLT revenue to schools would have been reduced to $22 million from $42 million. The 10% flat-rate assessment ratio across all property categories for secondary taxes approved after June 20, 2009, would have been modified to state that the assessment ratio for Class One property will be 15% beginning in tax year 2012. Would have permitted various boards and offices to increase fees with the new revenue appropriated to the assessing board or office. Much more. GOVERNOR'S VETO MESSAGE says the bill does not balance the state budget, would prevent the proper functioning of state government and undermines efforts to develop a prosperous future.

First sponsor: Rep. Adams
Others: Rep. McComish, Rep. Tobin

Would have made various changes to S1036 (budget reconciliation; general government; FY09-10), including repealing requirement that the Dept of Administration must rebid the state telecommunications contract. The moratorium on collection of impact fees would have been repealed and replaced with a two-year cap on existing fees. Would have repealed the transfer of operations and control of the Department of Library Archives and Public Records to the Secretary of State from the Legislature. Would have permitted county offices to institute a compressed work week. Much more. GOVERNOR'S VETO MESSAGE says the bill does not balance the state budget, would prevent the proper functioning of state government and undermines efforts to develop a prosperous future.

First sponsor: Rep. Adams
Others: Rep. McComish, Rep. Tobin

The Legislature urges Congress to protect the right of Arizona workers to use secret ballots in any union organizing election. [Capitol Reports note: this measure is meant to oppose pending legislation that would obviate the requirement to hold a secret ballot election if a majority of employees in a bargaining unit sign cards authorizing the formation of a union. The "card check" provision being considered by Congress would still require a secret ballot election if less than a majority of workers sign authorization forms.] AS SENT TO SECRETARY OF STATE.

First sponsor: Rep. McComish
Others: Rep. Ash, Rep. Barnes, Rep. Crandall, Rep. Driggs, Rep. Gowan, Rep. Kavanagh, Rep. McLain, Rep. Murphy, Rep. Nichols, Rep. Tobin, Rep. Williams, Sen. C. Allen, Sen. Burns, Sen. Gorman, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Leff, Sen. Verschoor

The 2010 general election ballot is to carry the question of whether to amend the state Constitution by adding Section 2 to Article XXVII stating that no rule or law shall require citizens to participate in any health care system or to be penalized for doing so. AS SENT TO SECRETARY OF STATE.

First sponsor: Rep. Barto

The 2010 general election ballot is to carry the question of whether to amend the state Constitution to prohibit preferential treatment for or against any individual or group on the basis of race, sex, color, ethnicity or national origin in the areas of public employment, public education or public contracting. AS SENT TO SECRETARY OF STATE.

First sponsor: Rep. Montenegro
Others: Rep. Antenori, Rep. Gowan

The state equalization assistance property tax, suspended since 2006 but scheduled to resume in 2009, is repealed.

First sponsor: Sen. Harper

Establishes a 22-member Federal Sex Offender Registration Notification Act Study Committee to examine the effectiveness of the state’s current sex offender laws and the impact of adopting the federal standards of the Adam Walsh Child Protection and Safety Act of 2006 (specifically the act's Title 1 regarding sex offender notification). A report of the committee’s findings must be submitted to the governor and Legislature by December 31, 2009. Sunsets on January 1, 2011. [Note: session law only; does not change statutes.] Also clarifies in statute that the monthly fee assessed adult probationers is not subject to any surcharge. Effective July 13, 2009. AS SIGNED BY GOVERNOR.

First sponsor: Sen. L. Gray

The definition of domestic violence under the criminal code is expanded to include acts where there is or was a romantic or sexual relationship between the victim and the perpetrator. In order to determine the nature of the relationship, the court can consider the type and length of the relationship, the frequency of interaction, and, if the relationship was terminated, the length of time since the termination. The Legislature intends that this act shall be known is "Kaity's Law." AS SIGNED BY GOVERNOR.

First sponsor: Sen. Paton

The state equalization assistance property tax, suspended since 2006 but scheduled to resume in 2009, is repealed.

First sponsor: Sen. Waring
Others: Rep. Ash, Rep. Barto, Rep. Lesko, Sen. S. Allen, Sen. Burns, Sen. Gorman, Sen. Gould, Sen. C. Gray, Sen. Harper, Sen. Huppenthal, Sen. Leff, Sen. Pierce

Landlords must provide tenants with notice of any foreclosure action against the property. Additionally, the landlord must provide 30-day's notice before the date of any scheduled foreclosure sale. Failure to do so is a class 1 (highest) misdemeanor.

First sponsor: Sen. Landrum Taylor
Others: Sen. Aguirre, Sen. Alvarez, Sen. Burton Cahill, Sen. Garcia, Sen. Lopez, Sen. McCune Davis, Sen. Rios

County planning and zoning statutes are rewritten. Impossible to determine specific changes without a line by line comparison. 111 pages.

First sponsor: Sen. Paton

Cities and towns are prohibited from holding elections for candidates for which there is any indication on the ballot of the source of the candidacy or for the support of the candidate. [Capitol Reports note: the effect of this language is to prohibit municipalities from holding partisan elections.] In cities and towns that elect council members by districts, only those voters who are qualified electors of that district are eligible to vote for that council member candidate in a primary, general, runoff or other election. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Paton
Others: Rep. Antenori, Rep. Gowan, Rep. Stevens, Rep. Williams, Sen. Melvin

The authority of the Supreme Court to increase justice court fees to keep pace with inflation is deleted.

First sponsor: Sen. Paton

With stipulated exceptions, a county or municipality is prohibited from adopting an ordinance, regulation or provision or from imposing as a condition for approving a building permit any requirement that has the effect of establishing a sales or lease price for a housing unit or that requires a housing unit or parcel to be designated for sale or lease to a particular class or group of purchasers.

First sponsor: Sen. Paton

No state agency shall adopt or enforce a state or regional program to regulate the emission of greenhouse gases or vehicle fuel economy standards without express legislative authorization. The state Dept of Environmental Quality must inform the Legislature, governor and Corporation Commission on any proposed program addressing fuel economy standards or greenhouse gas emissions. AS PASSED SENATE.

First sponsor: Sen. S. Allen
Others: Rep. Barto, Rep. Biggs, Rep. Burges, Rep. Kavanagh, Rep. McGuire, Rep. Seel, Sen. Gould, Sen. L. Gray, Sen. C. Gray, Sen. Harper, Sen. Melvin, Sen. Pearce, Sen. Pierce, Sen. Verschoor

Counties and municipalities are prohibited from assessing development fees for costs associated with building schools (district or charter). The prohibition extends to the costs of streets and utilities, except development fees to defray costs directly related to the physical connection of the school to the utility are allowed. .

First sponsor: Sen. L. Gray

An illegal alien commits the crime of trespassing by being in this state. A first offense is a class one (highest) misdemeanor and results in a transfer to federal jurisdiction. Subsequent violations are a class 4 felony and are subject to the maximum incarceration allowed by law. Also, the person must pay jail costs and a further assessment of $500 for a first offense or $1,000 for subsequent offenses. Additional penalty enhancements are provided if the person was in possession of weapons, drugs or precursor chemicals.

First sponsor: Sen. Pearce
Others: Rep. Burges, Rep. Kavanagh, Rep. Lesko, Rep. Montenegro, Rep. Seel, Sen. Gorman, Sen. Harper

The statute governing change of venue requests for justice courts is repealed and rewritten. Among the changes is a requirement that a request must be supported by the affidavit of two other credible persons of the county. If a change is ordered, the case may be transferred to any other justice court in the county rather than being limited to court in the adjacent precinct.

First sponsor: Sen. Pearce
Others: Sen. Gorman, Sen. C. Gray

With some exceptions, the state may not impose a new rule that would impose an increased monetary or regulatory cost on businesses, other state agencies, political subdivisions or individuals. Self-repeals on July 1, 2010.

First sponsor: Sen. Pearce
Others: Rep. Court, Sen. S. Allen, Sen. Gorman, Sen. C. Gray, Sen. Verschoor

Public housing authorities must require applicants to prove lawful presence in this country. Public housing shall not be offered to anyone who cannot prove lawful presence.

First sponsor: Sen. Pearce

It is illegal for an illegal alien to apply for work, solicit work in a public place or perform work as an employee or independent contractor. Similarly, it is illegal for an employer to intentionally or willingly hire a person without first requiring completion of an employment application and present at least one form of ID. It is also illegal for a person to transport, conceal or shelter an illegal alien. If a law enforcement officer finds that a vehicle is being used to transport an illegal, the officer is authorized to impound the vehicle. Finally, the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) must establish a unit to investigate fraudulent ID documents.

First sponsor: Sen. Pearce

Various requirements are placed on a towing company related to the release of a vehicle from its impound lot, including that the company may not charge a person for access to personal property within the vehicle if done during business houses and it must provide a detailed written statement of all charges. Towing operators must notify the driver of a vehicle being towed that was disabled due to an accident that any repair shop may be chosen and must disclose any commonality of ownership between the towing company and a repair shop. Further, a towing company may not remove a vehicle from its lot without prior permission of the vehicle owner or insurance company.  AS SIGNED BY GOVERNOR.

First sponsor: Sen. Nelson

The list of notifications required of a trustee in preparation for a trustee's sale of property is expanded to include mailing a copy of the notice of sale to the property and to any other mailing address for the property.

First sponsor: Sen. Miranda

For purposes of determining compensation in cases where an employee who is entitled to workers' compensation as a result of an injury sustained on the job whose employment has been terminated for reasons unrelated to the industrial accident, the Industrial Commission is authorized to consider the wages the person could have earned from continued employment. [Capitol Reports note: an intent section says the above provision is in response to an adverse decision in Arizona Dept of Public Safety v. Industrial Commission.] Other changes in this act include: upon request a physician prescribing for a person receiving workers' comp benefits off-label use of a controlled substance must submit a treatment plan for monitoring and prevention of abuse. Insurance carriers are not responsible for payment for off-label use of medication until such information and treatment plan are submitted. Lowers the amount of damages that may be collected by an insurer from an employer who willfully misrepresents employee and payroll information from ten times the difference in premiums to three times the difference. Additionally, the annual date on which workers’ comp rates become effective is changed to Jan 1 from Oct 1. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Leff

Provisions in workers' compensation statutes that allow denial of a claim for work-related injury or death if the accident was due to the impairment of the employee due to alcohol or drugs are deleted. [Capitol Reports note: language deleted by this act was deemed unconstitutional by the Arizona Supreme Court decision in Grammatico and Komalestewa v. The Industrial Commission.] AS SIGNED BY GOVERNOR.

First sponsor: Sen. Leff

The provision that if 20% of the property owners within an area to be rezoned protest the change, the board of supervisors must approve the change by a 3/4 majority is deleted. Effect is to require a majority vote for approval of zoning changes in all cases.

First sponsor: Sen. Pierce
Others: Rep. Tobin, Sen. S. Allen, Sen. Melvin

The circumstances under which a foreclosed one- or two-family dwelling is sold at auction for less than the amount of the loan and the lender is prevented from entering into an action against the former owner (the "trustor") to recover the difference (officially termed the "deficiency") are changed to require that the trustor must have lived in the property for a minimum of six consecutive months. [Formerly there was no requirement that the trustor had occupied the property for any length of time.] The trustor is responsible for demonstrating the property was used as a residence for the required time. AS SIGNED BY GOVERNOR.

First sponsor: Sen. S. Allen
Others: Rep. Brown, Rep. Konopnicki, Rep. McGuire

In every property deed recorded, if the new owner is a financial institution, corporation or partnership, certain information is required, including, the grantee's name, address and state (or country) where the grantee is chartered or incorporated.

First sponsor: Sen. L. Gray

The list of actions that may result in a landlord terminating a rental agreement is expanded to include off premises events such as homicide, prostitution, criminal gang activities, or sale/manufacture of a controlled substance.

First sponsor: Sen. Leff

The list of state agencies exempt from provisions regarding rule making is expanded to include the Dept of Housing unless otherwise required by law. The department must adopt guidelines for notice and opportunity for comment on proposed rules.

First sponsor: Sen. Nelson

Prescribes conditions under which those who exhaust their unemployment insurance benefits may qualify for extended benefits. Generally, if the state unemployment rate exceeds 6.5% but is less than 8%, extended benefits are available for a maximum of 13 weeks. If the state unemployment rate exceeds 8%, extended benefits are available for a maximum of 20 weeks. [Note: the federal American Recovery and Reinvestment Act of 2009 temporarily provides for 100% federal funding of these extended benefits, rather than the current 50-50 split between the state and the federal government.] The changes in extended benefits as provided in this bill expire on the later of either Dec 12, 2009, or the expiration of the federal program. Effective April 24, 2009. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Leff
Others: Sen. Harper

The state Attorney General or a county attorney is specifically authorized to take all legal steps to enforce the prohibition against employers hiring illegal aliens, including issuing subpoenas. The defense of entrapment is not available to a defendant who was "predisposed" to hire an illegal and law enforcement "merely" provided the defendant an opportunity to violate the law. An employer is not entrapped if law enforcement used a ruse or otherwise concealed their identity. An employer who does not use E-Verify to verify the immigration status of employees is not eligible for licensing in this state. If an employer gets a failed verification result from E-Verify, the employer is required to notify federal immigration officials and the county attorney. A violation is punishable by a civil penalty (amount is left blank in original).

First sponsor: Sen. Pearce
Others: Rep. Antenori, Rep. Crump, Rep. Gowan, Rep. Kavanagh, Rep. Montenegro, Rep. Nichols, Rep. Seel, Rep. Stevens, Sen. S. Allen, Sen. Gould, Sen. L. Gray, Sen. Harper, Sen. Melvin, Sen. Verschoor

Removes the requirement that an ASRS member's agreement to terminate must be in writing in order to receive a termination incentive.

First sponsor: Sen. Gould

No municipality may prohibit a private company from delivering commercial recycling services or industrial sold waste management services within its borders.

First sponsor: Sen. Gould

Real estate brokers or salespersons may complete up to 24 credit hours of continuing education every 4 years by assisting the Department of Financial Institutions in fraud investigations.

First sponsor: Sen. C. Gray

Various changes to statutes governing government property lease excise tax, including redefining “government lessor” to include the state, school districts, community college districts, and special taxing districts (in addition to previous definition of municipalities, counties, and county stadium districts). Specified per square foot tax rates for types of property uses are deleted, and the Department of Revenue is authorized to prescribe standard rates of taxation per square foot of building or parking space. Discount tax rates are established for current leases for tax periods beginning January 1, 2010 through December 31, 2039. More. Effective January 1, 2010.

First sponsor: Sen. Cheuvront
Others: Sen. L. Gray, Sen. Miranda, Sen. Pearce

For tax years 2010 through 2015, tax incentives, including income tax credits and changes to a property tax classification with a lower assessment ratio, are allowed for expanding or locating qualified renewable energy operations (defined) in Arizona. Criteria for income tax and property tax breaks are prescribed. Generally, income tax breaks are conferred depending on compliance with a set of salary and benefits requirements. Aggregate income tax credits in one year cannot exceed $70 million. Property tax breaks are conferred if certain levels of capital investment are made and salary requirements are met. AS SIGNED BY GOVERNOR. 

First sponsor: Sen. Leff
Others: Rep. Crandall, Rep. Driggs, Rep. Mason, Rep. Reagan

A separate license is created for commercial mortgage brokers (defined). Commercial mortgage brokers must have 3 years of experience in the commercial mortgage broker business and provide financial information to apply for a license. Commercial mortgage brokers are not subject to continuing education requirements, but are otherwise subject to statutory requirements for mortgage brokers. Employees or responsible individuals of financial institutions who are licensed as mortgage brokers or bankers are exempt from loan originator licensing requirements if they only originate commercial mortgage loans.

First sponsor: Sen. Waring
Others: Sen. Paton

Landlords are required to provide tenants with written notice of any foreclosure action against the property. On completion of any foreclosure sale of the property, the new owner becomes the landlord, is bound by landlord-tenant statutes, and is required to give the tenant a 90 day lease and 30 days notice of termination of a lease. Tenants may recover the greater of actual damages or one month’s rent and security deposit, in addition to reasonable attorney fees and costs, if a landlord fails to provide notice or honor a rental agreement according to this legislation.

First sponsor: Sen. McCune Davis
Others: Rep. Ableser, Rep. Brown, Rep. Chad Campbell, Rep. Farley, Rep. Lujan, Rep. Meza, Rep. Pancrazi, Rep. Schapira, Rep. Sinema

The 2010 general election ballot is to carry the question of whether to amend the state Constitution to add an article guaranteeing the right of persons to vote by secret ballot in elections of public officers, ballot measures or union representation. AS SENT TO SECRETARY OF STATE.  

First sponsor: Sen. Paton
Others: Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Biggs, Rep. Burges, Rep. Court, Rep. Crandall, Rep. Crump, Rep. Driggs, Rep. Goodale, Rep. Gowan, Rep. Hendrix, Rep. Kavanagh, Rep. Konopnicki, Rep. Lesko, Rep. McLain, Rep. Montenegro, Rep. Murphy, Rep. Nichols, Rep. Pratt, Rep. Quelland, Rep. Reagan, Rep. Seel, Rep. Stevens, Rep. Tobin, Rep. Yarbrough, Sen. S. Allen, Sen. Gould, Sen. L. Gray, Sen. Harper, Sen. Huppenthal, Sen. Leff, Sen. Melvin, Sen. Pierce, Sen. Verschoor, Sen. Waring