Suspension of pension payments for retired members of the Corrections Officer Retirement Plan (CORP) who return to work applies only to those who return within 12 months of retirement or those whose new position does not involve substantial inmate contact. A retired member of CORP may be employed by a member employer and still receive a pension if the re-employment occurs at least 12 months after retirement and the employment involves "substantial" inmate contact. The person does not accrue additional credited service and does not contribute to the fund. AS PASSED HOUSE.

First sponsor: Rep. Konopnicki

Prohibition against counties with a population of less than 300,000 from using public funds to pay for all or a part of the health insurance for retired employees who are members of one of the four state retirement plans is repealed.

First sponsor: Rep. Konopnicki

The list of exemptions from licensure for an interpreter for the deaf and hard of hearing is expanded to include interpreters who work in a community college district in a county with a population of fewer than 500,000.

First sponsor: Rep. Konopnicki

The requirement that to be a member of the Correction Officer Retirement Plan an employee must work for at least 40 hours per week for 6 months a year is relaxed for certain positions (including probation and juvenile detention) to include those who customarily work at least 20 hours a week for at least 20 weeks in a fiscal year. Effective on July 1 of the fiscal year following a determination that CORP is 100% funded. Emergency clause.

First sponsor: Rep. Konopnicki

The list of persons eligible to attend defensive driving school is expanded to include those who fail to respond to or those who contest a violation issued by the state photo enforcement system.

First sponsor: Rep. Biggs
Others: Rep. Burges

Certain specified positions at the Arizona State Hospital (ASH) are designated as qualified to participate in the Corrections Officer Retirement Plan. An ASH employee is eligible for normal CORP retirement after 25 years of service. Provides for joinder and the purchase of credited service. Effective on July 1 of the year following determination that CORP is 100% funded.

First sponsor: Rep. Farley
Others: Rep. Chabin

Beginning Jan 1, 2010, the list of unlawful acts as applied to charitable organizations and which serve as sufficient cause for the attorney general to open an investigation is expanded to include knowingly failing to post a notice at donated-item drop-off locations like thrift shops stating whether the collection site is owned by the charity or by a for-profit entity. Ownership is determined by whether a private entity receives at least 51% of the proceeds generated by the retail sale of the donated items received at the collection site. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Reagan
Others: Rep. Barto, Rep. Konopnicki, Rep. Lujan, Sen. McCune Davis, Sen. Tibshraeny

Various changes to the Elected Officials Retirement Plan, the Corrections Officer Retirement Plan and the Public Safety Personnel Retirement System to comply with changes in federal regulations. Changes include: a cap to member compensation at $150K from 1-1-96 to 12-31-01; the cap increases to $200K beginning 1-1-02. Sets new annual limits to the amount of pensions (the limit beginning in 2002 is $160K). Also makes various changes for members who were called to military duty and then returned to employment. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Boone

The Dept of Health Services is required to cease operations of the office of behavioral health licensure and any activities conducted by that office cannot be assumed by any other agency or division in the Dept. 

First sponsor: Rep. Ableser

AHCCCS and the Department of Economic Security are permitted to enter into contracts with a private entity to provide fraud reduction technology that has the ability to identify cases of multiple users of social security numbers, review property records, and use other screening mechanisms to determine eligibility for services. The agencies are authorized to request pilot testing of the technologies at no cost to the state. If either agency determines significant cost savings would result, it is authorized to enter into a contract in accordance with standard procurement requirements. AS PASSED HOUSE. 

First sponsor: Rep. Seel
Others: Rep. Antenori, Rep. Barto, Rep. Burges, Rep. Crump, Rep. Gowan, Rep. Jones, Rep. Kavanagh, Rep. Lesko, Rep. Montenegro, Rep. Quelland, Rep. Stevens, Rep. Jerry Weiers, Sen. S. Allen, Sen. Gorman, Sen. Gould, Sen. L. Gray, Sen. Harper, Sen. Melvin, Sen. Pearce, Sen. Verschoor

A pilot program allowing certified nursing assistants to administer certain medications originally scheduled to expire on Oct 1, 2009 is extended for two years to October 1, 2011. Session law only; no change to statutes. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Goodale
Others: Rep. Ableser, Rep. Barto, Rep. Mason, Rep. McLain

Changes language in the statutory definition of theft to exclude cases in which a vulnerable adult's assets are not used in a manner consistent with the adult’s best interest if the superior court gives approval or if the transaction is a gift consistent with a pattern of gift giving (defined in this act) by the adult before becoming vulnerable.  If the adult is a client of Adult Protective Services, the exemptions are for actions for which the Superior Court has given prior approval and those authorized in a valid durable power of attorney or trust instrument executed by the vulnerable adult. Language describing the remedies available to the court in cases of financial exploitation of a vulnerable adult is changed to include revocation of powers exercised by the exploiter or severance of the interests of the adult and the exploiter. References to "incapacitated or vulnerable adult" are changed throughout to "vulnerable adult" with incapacitated adult being redefined as a vulnerable adult. AS SIGNED BY GOVERNOR. 

First sponsor: Rep. Mason
Others: Rep. Jones, Rep. Pancrazi

An allegation that a defendant committed a “dangerous crime against an incapacitated or vulnerable adult” (defined) must be charged in the indictment or information and admitted or found by the court. A person convicted of a dangerous crime against an incapacitated or vulnerable adult is not eligible for suspension of sentence, probation, pardon or release from confinement until the sentence has been served or commuted.

First sponsor: Rep. Mason
Others: Rep. Goodale, Rep. Jones

An entity that acquires an automated external defibrillator no longer needs to have an agreement with a physician t0 oversee training, testing, use protocols and deployment strategies. The physicians' responsibilities are limited to overseeing "the aspects of public access" to the device. Actions related to training and testing formerly performed by the physician are now the responsibility of the person or entity that acquires the device. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Barto

A nursing care institution is prohibited from charging a patient or the patient's insurance for services it provides as a result of or to correct a "mistake or a preventable error" (defined) caused by the institution.

First sponsor: Rep. Quelland

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 chapter is added to statutes regulating reverse mortgages (defined).

First sponsor: Rep. Konopnicki
Others: Rep. Brown, Rep. Crandall, Rep. Driggs, Rep. Mason, Rep. Sinema, Rep. Tovar

Organizations that solicit contributions in the name of American veterans must be registered with and regulated by the Dept of Veterans' Affairs.

First sponsor: Rep. Deschene
Others: Rep. Antenori, Rep. Chabin, Rep. Heinz, Rep. Pancrazi, Rep. Young Wright, Sen. Hale

Provides separate regulation for consumer loans of between $200 and $3,000. Allows lenders to charge both an acquisition fee of between $15 and $75 and an interest fee of between 1% and 4%, depending on the amount of the loan. The minimum term is five months; the maximum term is 24 months (for loans of between $1,500 and $3,000). The loan may be renewed up to three times per calendar year. A late fee of the greater of $10 or 10% is assessed after a payment is 10 days overdue. This act sunsets on July 1, 2017. 

First sponsor: Rep. Biggs
Others: Rep. Goodale, Rep. McLain, Sen. Gould, Sen. Verschoor

A new chapter is added in public health statutes regulating in-home personal care services agencies. The regulations apply to agencies that provide services such as ambulation, transfers, personal hygiene, feeding, etc but not skilled medical services. Effective Jan 1, 2010.  

First sponsor: Rep. Chad Campbell
Others: Rep. Lujan, Rep. Pancrazi, Rep. Tovar

The list of information required in a petition presented to a court requesting appointment of a guardian for an allegedly incapacitated person is expanded to include a statement whether the guardian has the authority to withhold life-sustaining treatment (including administration of artificial food and fluids). Health care providers are indemnified against liability if a guardian' s petition did not contain the statement. Language prohibiting a surrogate (a person authorized to make health care decisions for someone who is incapacitated) from making decisions to withdraw food of fluid is changed to state that a surrogate shall not consent to withdrawal of food or fluid. If a patient does not have a living will or other directive to the contrary, there is a rebuttable presumption that the patient has directed health care providers to sustain life. Conditions that may be used to rebut this presumption are prescribed. Provisions are placed in statue to delay any decision or court order to withhold life-sustaining treatment pending judicial review. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Murphy
Others: Rep. Antenori, Rep. Ash, Rep. Barnes, Rep. Barto, Rep. Burges, Rep. Court, Rep. Crandall, Rep. Crump, Rep. Driggs, Rep. Kavanagh, Rep. Lesko, Rep. Mason, Rep. McLain, Rep. Nichols, Rep. Quelland, Rep. Seel, Rep. Tobin, Rep. Yarbrough, Sen. L. Gray, Sen. Harper, Sen. Huppenthal, Sen. Melvin, Sen. Nelson, Sen. Verschoor

The list of items required to be included in a notice to parents pertaining to the taking of a child into temporary custody is expanded to include a statement that the parent/guardian must immediately provide names and contact information for relatives or other persons who have a "significant relationship" with the child. The notice to parents must also include a statement that similar information will be required to be produced at the preliminary protective hearing to review the temporary custody. At the hearing, the court must order the parent/guardian to produce that information. The parent/guardian must be prepared to provide similar information at a dependency hearing convened to determine if the child is a dependent (and should be returned to the parent/guardian). While a child is in temporary custody of an entity other than its parent/guardian, the court must also determine that Child Protective Services is attempting to assess placement of the child with a grandparent or other person that has a significant relationship with the child. When the court convenes a hearing to determine the permanent legal status of the child, it must determine whether permanent placement with a grandparent or other person is in the best interests of the child. Effective January 1, 2010. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Chabin
Others: Rep. Antenori, Rep. Barnes, Rep. Barto, Rep. Burges, Rep. Court, Rep. Miranda, Rep. Murphy, Rep. Nichols

If two license handicapped license plates are issued for a vehicle, one must be attached to the rear of the vehicle and one to the wheel chair carrier or lift when it is attached to the vehicle. AS PASSED HOUSE. 

First sponsor: Rep. Gowan
Others: Rep. Antenori, Rep. Barto, Rep. Court, Rep. Goodale, Rep. Montenegro, Rep. Nichols, Rep. Pratt, Rep. Seel, Rep. Stevens, Rep. Jim Weiers, Rep. Jerry Weiers, Rep. Young Wright, Sen. S. Allen, Sen. Gould, Sen. L. Gray, Sen. Harper, Sen. Melvin, Sen. Pearce

The "feed bill" for fiscal 2009-10. Highlights include the following lump sum reductions: $9.9 million for the Dept of Administration, $226 million for AHCCCS; $6.6 million for the Attorney General; $3.3 million for the Dept of Commerce; $25.9 million for the Dept of Corrections; $120 million for various programs within DES [some of these reductions may be back-filled with federal stimulus money]; $7.8 million from ADEQ; $70.5 million from DHS; $10.5 million from the judiciary; and $5 million from State Parks. Funds sweeps include: $30 million from the Arizona Job Training Fund of the Dept of Commerce; $15 million from the Arts Endowment Fund; $9.1 million from the lottery advertising fund; $4.7 million from the State Lake Improvement Fund; $25 million from the auxiliary funds at the state universities. There are provisions for up to $1.5 billion in federal stimulus funding with corresponding reductions in General Fund expenditures. In changes to FY08-09 fund sweeps: $560K is restored to the Board of Appraisal Fund and $1.7 million is restored to the Military Installation Fund of the Dept of Veterans' Services. Much more.

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

Makes various appropriations for capital expenditures for FY10, including $215 million to the Dept of Transportation; $4.3 million for building renewal; $4.3 million to the Game and Fish Dept for various capital projects; and $10 million in Highway User Revenue Funds to be deposited in the Statewide Transportation Acceleration Needs account in each of the next two fiscal years. All session law.

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

Makes statutory and session law changes related to general revenues in the FY09-10 budget, including redirecting licensing and other revenue associated with racing to the state General Fund; redirecting proceeds from the sale of abandoned property from the Housing Trust Fund to the state General Fund; redirects unclaimed lottery prizes from the Court Appointed Special Advocate Fund to the state General Fund; requires that the state General Fund receive a minimum of $57 million from lottery proceeds; permanently repeals the state equalization property tax; establishes a maximum distribution of sales tax revenue generated at a "multipurpose facility" operated by a county stadium district and makes various other changes in statutes pertaining to county stadium districts. Permanently repeals the state contribution to the Rio Nuevo multipurpose district in Tucson except for the state share of debt service. Authorizes cities and towns to use impact fees for general fund purposes and that those that chose to do so must remit a pro rata portion of $210 million to the state. Mandates that Maricopa County transfer $66.1 million and Pima County transfer $16.8 million to the state General Fund. More.

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

Makes statutory and session law changes related to general government operations for fiscal 09-10, including authorizing counties to furlough classified employees without violating personnel policies which otherwise would permit an employee to appeal a salary reduction; permits state agency directors to require covered employees to work reduced hours; eliminates the $25 million appropriation to the Twenty-First Century Fund previously authorized for FY09-10; stipulates that appropriations for all state agencies may be for one fiscal year (currently a number of smaller agencies have biennial budgets); and authorizes increased contribution rates for state retirement plans other than ASRS. Unrestricted federal monies received during the fiscal year shall be deposited in the state general Fund to pay for "essential government services."

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

Requires that the state sell one piece of real property (located at 2422 W. Holly in Phoenix) and two DPS aircraft (one helicopter and one twin engine fixed wing). The sales must be completed by the end of the fiscal year, and proceeds must be deposited in the state General Fund. Session law only; no change to statutes.  

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

Makes statutory and session law changes related to the criminal justice system for the fiscal year 2009-10. Suspends the requirement for fiscal year that a number of funds submit annual reports and requires that when reports are reinstated in fiscal 2010-11 they be submitted electronically. Increases various fees associated with probation and increases the maximum workload of probation officers. Requires that up to $2 million in court diversion surcharges be deposited in the state General Fund; revenue in excess of $2 million must go to the Crime Lab Operations Fund. Continues for the fiscal year the current state-county split of salaries of justices of the peace whereby the state pays 38.5% and counties pay the remainder.  

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

Makes various statutory and session law changes related to K-12 education for the 2009-10 fiscal year. Establishes base level support at a level JLBC says maintains funding at the same level as the preceding fiscal year [{note: this is necessary for the state to qualify for federal stimulus funding]. Reduces soft capital funding to districts by $175 million and permits districts to use remaining soft capital monies for any purpose; increases the Transportation Support Level by 2%; and prescribes the Qualifying Tax Rate for FY09-10 and FY-10-11. County assessors must place a value on property owned by a government but leased to private sector businesses (and subject to the Government Property Lease Excise Tax). Values must be reported to the Dept of Education and must be used to compute the tax base in calculating funding under Basic State Aid formulas. Defers two monthly payments of state aid, saving the state $602.6 million in this fiscal year. Sweeps $255 million from schools in unspent year-end cash balances. Eliminates the pilot status for Technology Assisted Project Based Instruction (TAPBI) programs. Funds Joint Technology Education Districts (JTEDs) at 91% of what would otherwise be provided, and prohibits JTEDs not in operation during FY08-09 from receiving any state aid. Phases out the Career Ladder Program over 11 years. Suspends the Building Renewal Formula for the fiscal year. Caps schools desegregation budgets at the FY08-09 level, and eliminates rapid decline funding. More.   

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

Makes statutory and session law changes to universities and community colleges for the fiscal year 2009-10, including suspending capital funding for community colleges for the year. Requires than state universities use a uniform accounting and reporting system. ASU East and West must be accounted for as separate budget units. Permits the Board of Medical Student Loans to use less than half of its available loan funds for students attending private medical schools. More.

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

Makes statutory and session law changes related to health and welfare in the FY09-10 budget, including eliminating KidsCare Parents and denture coverage under AHCCCS, Prohibits an increase in AHCCS provider reimbursement rates and permits a 5% reduction in rates. Sets county contributions for acute care and for long-term care. Permits the Dept of Economic Security to reduce maximum income eligibility levels for all child care programs. Adds a chapter on making a false medical claim to statutes pertaining to civil proceedings. More.

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

Makes various statutory and session law changes related to the environment in the fiscal 2009-10 budget, including transferring $3 million from the State Parks Heritage Fund to the Fire Suppression Revolving Fund with any money unused by the end of the fiscal year reverting to the Heritage Fund. Continues to permit the monies in the State Parks Enhancement Fund to be used for park operations. Requires the State Land Dept to transfer $7 million over the next two fiscal years to the state General Fund. Permits the Legislature to suspend an otherwise required $5 million appropriation to the Water Protection Fund. More.

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

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

Would have made various changes to S1028 (budget reconciliation; criminal justice; FY09-10), including modifying provisions dealing with prison privatization and the use of state prisons as security for loan financing. Would have repealed provisions requiring a rebid of food service contracts for the Dept of Corrections. Would have added a requirement that the Dept of Corrections issue an RFP for 5,000 new private prison beds. More. Enactment conditional upon S1028 becoming law. 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 S1187 (budget reconciliation; K-12 education; FY09-10), including the reduction in soft capital funding of $175 million as contained in S1187 to be made effective beginning Jan 1, 2010. Funding would have been restored if sufficient revenue is experienced. Would have made additional changes to funding provisions for transportation and additional assistance. Much more. Enactment conditional upon S1187 becoming law. 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 numerous changes to S1029 (budget reconciliation; higher ed; FY09-10) including the restoration of the Arizona Board of Regents (ABOR) authority for lease-to-own bonding to $800 million for capital improvements and new facilities. The requirement that ABOR's annual report on the progress of the universities to be sent to JLBC as well as to the governor and that the report be expanded to include a list of all invited paid speakers and their associated costs would have been changed to require the speaker list be sent as a standalone report to JLBC. More. Enactment conditional upon S1029 becoming law. 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 S1145 (budget reconciliation; health & welfare; FY09-10), including deleting the provision in S1145 that called for a 5% across-the-board reduction in AHCCCS reimbursement rates. Would have placed a freeze on hospital rates charged to AHCCCS but would have permitted AHCCCS to reduce specified rates up to 5% for the contract year beginning Oct 1, 2009. The one-month deferral in capitation payments to large AHCCCS plans (greater than 100,000 members) would have been changed to defer 50% of the payment; affected companies would have received 0.5% interest. All counties would have had to pay 100% of Restoration to Competency costs for the fiscal year.  Would have required counties and municipalities to pay 25% of the costs associated with treatment and confinement of sexually violent persons for the fiscal year. Would have changed eligibility thresholds for various benefits and services. Would have repealed statutory language that specify fees for various health care institutions, replacing it with authority for the Dept of Health Services to establish and collect fees. Ten percent of health care licensing collections would have been deposited in the state General Fund. More. Enactment conditional upon S1145 becoming law. 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 S1258 (budget reconciliation; environment; FY09-10) including repealing the elimination of the Arizona Agricultural Protection Act and provisions pertaining to adopting best practices for managing PM-10 pollution from ag sources in air quality non-attainment areas. Would have expanded to counties the authorization granted to certain political jurisdictions to accept Water Infrastructure Finance Authority loans from stimulus money without an election that would have otherwise been required. Would have transferred $600K in fee revenue generated in FY09-10 from state trust land to the trust land management fund. Enactment conditional upon S1258 becoming law. 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

Minor change in Title 41 (state government). Probable striker bus for a budget trailer bill.

First sponsor: Rep. Tobin

Minor change in Title 37 (public lands). Probable striker bus for a budget trailer bill.

First sponsor: Rep. Adams
Others: Rep. McComish, Rep. Murphy, Rep. Tobin, Sen. Huppenthal

The Legislature urges Congress to award a Purple Heart medal to any Vietnam War veteran who is suffering serious health issues as a result of exposure to Agent Orange.

First sponsor: Rep. Mason
Others: Rep. Ableser, Rep. Barto, Rep. Chabin, Rep. Farley, Rep. Goodale, Rep. Jones, Rep. Miranda, Rep. Pancrazi, Rep. Reagan

The 2010 general election ballot is to carry the question of whether to amend the state Constitution to increase the mandatory retirement age for judges and justices to 75 from 70.

First sponsor: Rep. Driggs
Others: Rep. Barto, Rep. Crandall, Rep. Crump, Rep. Goodale

Minor change in Article IX of the state Constitution pertaining to aircraft license taxes. Probable striker bus for a budget trailer bill.

First sponsor: Rep. Tobin

Requires the purchase, training and usage of on-line Web and video conference software by statewide governmental agencies, municipalities, counties, school districts, state universities and community college districts. Software functionality must include capability to calculate cost savings from using Web and video conferencing software. Establishes a Web and Video Conferencing Savings Committee consisting of three members from both the House of Representatives and Senate, and five members appointed by the governor to collect and compile the reported cost savings of each government entity. Self-repeals on January 1, 2014. [Note: session law only; does not change statutes.]

First sponsor: Sen. Waring

The retirement age for the state adjutant general (who by statute is the director of the Dept of Emergency and Military Affairs) is changed from 64 to the age provided by federal law relating to state adjutants general. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Waring

The good cause exception that may be granted to an applicant for employment who is otherwise required by statute to obtain a fingerprint clearance card from the Board of Fingerprinting may be denied if the applicant fails to appear at a good cause exception hearing before the Board. Also, in order to determine whether an applicant has been successfully rehabilitated, the Board may ask for disclosure of evidence regarding substantiated cases of abuse or neglect of vulnerable adults. Formerly, the Board was permitted to ask for disclosure only of instances of child abuse or neglect. AS SIGNED BY GOVERNOR.

First sponsor: Sen. L. Gray

The list of special license plates exempt from the $25 annual fee is expanded to include veteran special plates if the registrant also qualifies for a handicapped special plate due to a disability suffered during active military service. AS PASSED SENATE.

First sponsor: Sen. Harper

The list of ambulance services covered by AHCCCS or ALTCS (long-term care) is restricted to "medically necessary" emergencies. Additionally, non-ambulance transportation is no longer covered.

First sponsor: Sen. Harper

Eligibility for the Arizona Long Term Care System (ALTCS) is restricted to those with income no more than 50% of the federal poverty guideline. All other eligibility criteria formerly in place are rescinded. Additionally, agency personnel shall not advise applicants on ways to spend down assets in order to qualify.  

First sponsor: Sen. Harper

Makes various appropriations for capital expenditures for FY2009-10, including $188 million from the State Highway Fund to the Dept of Transportation for state highway construction; $27 million from the State Aviation Fund for airport planning and development; and $4.3 million from various non-General Fund sources to the Game & Fish Dept for various projects. Appropriates $4.5 million for building renewal projects for specific state buildings. Eliminates a previous appropriation of $450,000 for costs associated with the renovation of the state capitol complex. AS SIGNED BY GOVERNOR 

First sponsor: Sen. Pearce

Would have made various statutory and session law changes related to the criminal justice system for the fiscal year 2009-10, including requiring the Dept of Administration to request information from vendors interested in operating a state prison or prisons, including a maximum security prison. The privatization process would continue with an RFP for an agreement to last 50 years whereby a private entity would operate a state prison at a lower cost than what the state has been spending. Efficiency savings would have been split evenly between the vendor and the state. The Legislature intended to realize upfront revenue from this privatization of at least $100 million by May 1, 2010. Further, state prisons would have been used as collateral for $495 million lease-purchase arrangement with repayment to have taken place over 20 years. Additionally, written reports of various criminal justice agencies and programs to the governor and Legislature would have been suspended until July 1, 2011, when they were to be made electronically. The maximum average caseload of adult probation officers in any one county would have been increased to 65 persons from 60 persons. The minimum monthly fee paid by a person under intensive probation would have increased to $75 from $50; the entire amount to be used for probation dept programs including salaries. The fee paid by persons under non-intensive probation or parole would also have been increased. The state share of justice of the peace compensation (currently 40%) would have been decreased to 19.25% for FY2009-10, and beginning July 1, 2010, the state share would have fallen to zero. The $45 surcharge collected from participants in the defensive driving school diversion program would have been directed to the State Crime Lab Operations Fund (established by this act) rather than to the state General Fund. Would have clarified that salary paid to a member of the Public Safety Personnel Retirement System (PSPRS) by third-party contractors was not to be used to calculate retirement benefits. Eligibility of full-time dispatchers to join the PSPRS would have been limited  to those who were employed as a full-time dispatcher before Oct.1, 2009, and whose employer enters into a joinder agreement prior to that date. The appropriation in 2007 of $3.5 million to the DNA ID system would have been reduced to $1 million. By May 1, 2010, the Dept of Corrections would have been required to privatize all correctional health services with a contracted cost below the FY2007-08 level. The Attorney General would have been authorized to use unexpended monies in the Consumer Fraud Revolving Fund for any purpose in the office. 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: Sen. Pearce

Would have made various statutory and session law changes to funding and policy related to universities and community colleges as part of the budget for fiscal 2009-10. Each community college governing board would have been required to post a copy of its proposed budget on its website. A community college would have no longer been held harmless in terms of state aid if its enrollment fell; state aid is now tied directly to enrollment even if enrollment declines. Capital funding for community colleges would have been suspended for the fiscal year; as would the 20% cap on the amount of capital funds community colleges may use for operations. The Board of Regents would have been required to adopt a uniform accounting and reporting system to be used by all universities. Would have subjected all tuition paid to universities to legislative appropriation. The Board of Regents annual report would have been expanded to include a list of invited paid speakers and associated costs for those speakers. Would have repealed authority for the Regents to issue $623.3 million of a previously authorized $800 million in lease-to-own capital improvement bonds. Also would have repealed the requirement that funding for construction at the Phoenix Biomedical Campus be done with bonds. As session law, would have suspended the following requirements: that each dollar raised for the Financial Aid Trust Fund from the surcharge on student registration be matched by two dollars appropriated by the Legislature and that 50% of the monies in the Medical Student Loan Fund be apportioned for students attending private medical schools. Would have made provision to pay the $100 million in appropriation to the universities in fiscal 2010-11 that is being delayed in fiscal 2009-10. 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: Sen. Pearce

Would have made session law changes related to state assets as part of the fiscal 2009-10 budget, requiring that the state sell an agricultural lab at 2422 W. Holly St. in Phoenix and two aircraft (a helicopter and a fixed wing craft) used by the Dept of Public Safety. Both sales were to have been completed (and revenue booked) before the end June, 2010. Proceeds were to be deposited in the General Fund. 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: Sen. Pearce

Would have made various statutory and session law changes related to general government operations for fiscal 09-10, including requiring recipients of federal public benefits to prove lawful presence in the country. (Formerly only state-sponsored benefits required proof of lawful presence). A list of acceptable documentation was provided. Would have made a number of changes to local government's authority to levy development fees including imposing a three-year moratorium on development fees. Also would have placed a three-year moratorium on a municipality's ability to modify or enact new building codes. Also, for a three-year period, cities would have been prohibited from increasing the tax imposed on construction contracting without a vote of the people. Would have authorized counties to furlough classified employees without violating personnel policies which otherwise would permit an employee to appeal a salary reduction; and as session law would have permitted state agency directors to require covered employees to work reduced hours. Would have eliminated the $25 million appropriation to the Twenty-First Century Fund previously authorized for FY09-10. Authority over the Dept of Library Archives and Public Records would have been transferred to the Secretary of State from the Legislature. The building at 14 North 18th Ave currently occupied by the Secretary of State would have been sold or leased by the end of June 2010. Would have stipulated that appropriations for all state agencies may be for one fiscal year (currently a number of smaller agencies have biennial budgets). The state telecommunications contract ostensibly in effect until Jan 2012 would have been rebid with a new contract in effect by Sept 30, 2009. Unrestricted federal monies received during the fiscal year would have been deposited in the state General Fund to pay for "essential government services." 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: Sen. Pearce

Would have made statutory and session law changes related to general revenues in the FY09-10 budget, including repeal of the state equalization property tax. The assessment ratio for all classes of property for future secondary tax purposes (used to pay bonds and overrides) would have been set at 10%. Counties would have been required to distribute $53 million in VLT revenue to local schools; municipalities would have been required to distribute $42 million in VLT revenue to local schools. Counties could have made this distribution from any revenue source, including taxes levied from a countywide special district for which the county board of supervisors serves as the district board of directors. As session law, city development fees that otherwise must be used for libraries, open space or park development may have been used for general municipal operations. Maricopa County would have been required to transfer $24 million and Pima County $3.8 million to the state. Would have deleted the repeal of the school tuition organization tax credit, making the credit program permanent.  Would have transferred the authority over taxation, regulation and licensing of tobacco products to the Dept of Liquor Licenses and Control from the Dept of Revenue. Would have redirected licensing and other revenue associated with racing to the state General Fund and  $13 million in lottery proceeds that had been statutorily appropriated to the Water Supply Development Fund and the Community Protection Initiative Fund to the General Fund. Would have shortened the time period before an asset may be presumed abandoned and transferred proceeds from the sale of abandoned property from the Housing Trust Fund to the state General Fund. Would have limited the money paid to the Rio Nuevo Multipurpose Facility District and made changes in board membership and other provisions. 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: Sen. Pearce

Creates a higher level fingerprint clearance card (Level I) specifically for teachers, foster parents, prospective foster and adoptive parents, state employees and volunteers who provide services to the developmentally disabled, home- and community-based service providers, adult developmental home licensees, child care facility licensees and employees, child care facility licensees and employees, child care group home licensees and employees, Child Protective Services workers, day care home employees, child care home providers and members of the fingerprinting board.  Anyone whose employment requires a standard level fingerprint clearance may apply for and receive a Level I clearance. New hires at governmental entities who are required to have Level I clearance must submit valid fingerprint cards to their employer within seven working days of beginning work (shortened from 20 days). Numerous changes in the lists of offenses for which conviction or impending trial precludes a person from receiving a fingerprint clearance card. Also reduces the sentencing classification of criminal damage of between $250 and $2,000 to a class 1 (highest) misdemeanor from a class 6 (lowest) felony. Effective June 29, 2009. [Capitol Reports note: this act is in part necessary to comply with the federal Adam Walsh Child Protection and Safety Act.] AS SIGNED BY GOVERNOR.

First sponsor: Sen. L. Gray

In a statute that describes the responsibility of health care providers with respect to a patient's health care directives, a direct care worker who provides support services for disabled persons is specifically excluded from the definition of health care provider.

First sponsor: Sen. C. Allen

Fees charged by the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers are removed from statute and replaced by language permitting the board to set fees by rule. The list of actions for which the board may charge a fee is expanded.

First sponsor: Sen. C. Allen

Would have made statutory and session law changes related to health and welfare in the FY09-10 budget, including eliminating KidsCare Parents, denture coverage under AHCCCS and the Temporary Medical Coverage Program; reducing eligibility for AHCCCS to those making no more than 150% of federal poverty level (current eligibility is 200% of FPL); prohibiting an increase in AHCCCS provider reimbursement rates and permitting a 5% reduction in rates. Would have set county contributions for acute care and for long-term care. Would have permitted the Dept of Economic Security to reduce maximum income eligibility levels for all child care programs. Would have provided for the Arizona Poison Control Program to be comprised of two facilities: one in Maricopa County and one in Pima County at the Arizona College of Pharmacy to serve the remaining 14 counties in the state. Would have made various additional reductions to appropriations for various agencies, including $2.2 million from the Government Information Technology Agency, $4.6 million from the State Parks Board, $7.6 million from the Dept of Administration, and $83.3 million from the Dept of Economic Security. As session law, recipients of Temporary Assistance for Needy Families that are suspected of drug use would have been required to pass a drug screening to be eligible for benefits. As session law, June capitation payments by AHCCCS to health care providers would have been delayed for either 15 or 30 days, depending on the number of members enrolled. 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: Sen. S. Allen

If a retired member of the Public Safety Personnel Retirement System is re-hired by the same employer in any capacity within 30 days of the member's retirement or becomes employed in the same position with the previous employer at any time after retirement, the person's retirement benefit payments are suspended. They will resume after termination of the re-employment but at the rate to which the person was entitled before re-employment.

First sponsor: Sen. Pearce
Others: Rep. Burges, Rep. Kavanagh, Rep. Konopnicki, Rep. Reagan, Rep. Tobin, Sen. Gorman, Sen. Harper, Sen. Verschoor

Minor change in Title 5 (amusements & sports) pertaining to boating and water sports. Apparent striker bus.

First sponsor: Sen. Burns

Would have made various statutory and session law changes related to K-12 education for the 2009-10 fiscal year. Would have limited the Early Graduation Scholarship Program to those who graduate at least one full year ahead of their scheduled graduation (formerly, those who graduated one semester early were also eligible) and placed a one-year moratorium on new participants. The amount of state additional assistance for charter schools would have been increased 4.6% [Note: according to legislative staff: this increase makes the year-over-year change in this category of state aid for charters a net decline of $5 million.] Otherwise, would have established base level support for K-12 at a level JLBC says would have maintained funding at a level necessary to qualify for federal stimulus funding. Charters would have been authorized to charge tuition for students who are not residents of the state, in the same manner as district schools. Charters would have been prohibited from adopting personnel policies that give retention priority to teachers on the basis of tenure or seniority. Would have deleted the requirement that a school districts maintain its schools for a minimum number of days each year. The program whereby school districts may sell advertising on school buses would have been expanded to include at district athletic facilities and on the district's website. Revenue from advertising sales would have no longer been limited to funding energy conservation measures. Would have placed restrictions on the primary property tax rate for districts if the rate exceeded certain stated levels. Would have eliminated the special 5% budget override option available to districts for special programs dedicated to grades K-3  and recalculated the maximum percentage in excess of its revenue control limit for which a district may request a budget override. Would have required that public school teachers who lobby during school hours must reimburse their districts for the cost of hiring substitute teachers. Would have deleted from statute the deadline dates in the spring of each year by which districts must notify teachers as to whether they will be offered contracts for the following school year. Would have eliminated the pilot status for Technology Assisted Project Based Instruction (TAPBI) programs and renamed it the Arizona Online Instruction Program. Would have funded Joint Technology Education Districts (JTEDs) at 91% of what would otherwise be provided, and prohibited JTEDs not in operation during FY08-09 from receiving any state aid. School districts would not have been permitted to budget desegregation expenses in an amount greater than was budgeted by the district for fiscal 2008-09. Would have eliminated the 4000 minimum student count eligibility threshold for permitting a school district to apply to the Board of Education to perform its own accounting duties currently performed by the county school superintendent.  Would have eliminated the adjustment in state aid available to districts that experience rapid enrollment decline. Would have increased the Transportation Support Level by 2%. County assessors would have been required to place a value on property owned by a government but leased to private sector businesses (and subject to the Government Property Lease Excise Tax). The Local Education Accountability Program would have been repealed. Would have suspended for the year disbursements from the Building Renewal Fund. Would have placed a moratorium on new school construction. Would have reduced soft capital funding to districts by $175 million and permitted districts to use remaining soft capital monies for any purpose. 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: Sen. Burns

The "feed bill" for fiscal 2009-10, generally making further lump sum reductions to agency budgets and fund sweeps as well as appropriating general fund monies to agencies and programs for fiscal 2009-10. Highlights include restoring funding to the appraisal board and the Dept of Veterans' Services previously subjected to fund sweeps. Further delays the payment of May and June 2009 installments of basic state aid to schools to no later than Aug 29, 2009, from the earlier established deferral date of July 1, 2009. Transfers $7 million in interest earnings from the Early Childhood Development and Health Fund (First Things First) to the General Fund. Makes provisions to use federal stimulus funds and to revert a corresponding amount back from program budgets to the General Fund. More. AS SIGNED BY GOVERNOR WITH MULTIPLE LINE ITEM EXCEPTIONS, including vetoes of provisions that: would have appropriated $2.8 billion for K-12 education; would have reduced the appropriation to DES by $120 million by, among other savings, reducing the agency workforce by 352 FTEs; would have deferred $25 million in payment to DES providers from the current fiscal year to fiscal 2009-10; would have made a lump sum reduction of $7.8 million in the appropriation to the Dept of Environmental Quality, would have made a lump sum reduction of $66.4 million in the appropriation to the Dept of Health Services; would have made various lump sum reductions in appropriation to the state's three universities; and would have re-directed $76.8 million in vehicle license tax revenue from the State Highway Fund to the state General Fund. Also vetoed are legislative intent sections that state uses for federal stimulus funds. GOVERNOR'S MESSAGE said: the magnitude of some of the agency lump sum reductions are an "unacceptable hit to critical agencies; elimination of the entire K-12 appropriation is necessary to ensure an acceptable level of funding, and attempts to direct federal funds are not within the authority of the Legislature.  

First sponsor: Sen. Burns

With some stated exceptions, records related to prescription information that contain patient-identifiable and prescriber-identifier data shall not be used or sold for any commercial purpose.

First sponsor: Sen. Burton Cahill
Others: Rep. Ableser, Rep. Lopes

With certain stated exceptions, prescription records that contain patient-identifiable or prescriber-identifier information may not be used or sold for any commercial purpose  

First sponsor: Sen. Burton Cahill
Others: Rep. Ableser, Rep. Lopes, Rep. Schapira

Members of a county sheriff's volunteer posse or reserve organization who have received firearms training approved by the Peace Officer Standards and Training Board may be authorized by the sheriff to carry a deadly weapon without a permit while on duty.  Law enforcement officers with at least 10 consecutive years of service who possess photo identification from a law enforcement agency are authorized to carry a concealed weapon without a permit.  The list of officers authorized to carry concealed weapons without a permit, manufacture or transport a weapon, or carry a weapon in specified public places is expanded to include community correctional officers, detention officers, special investigators, and wardens and officers in the department of juvenile corrections.  Misconduct involving weapons in furtherance of an act of terrorism is a class 2 felony instead of a class 3 felony. The list of persons exempt from completing a firearms safety training program prior to obtaining a concealed weapon permit is expanded to include a person who is a full authority Arizona Peace Officer Standards and Training Board certified reserve peace officer.  Effective July 13, 2009. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Pearce
Others: Rep. Ash, Rep. Barnes, Rep. Burges, Rep. Crump, Rep. Goodale, Rep. Gowan, Rep. Kavanagh, Rep. McGuire, Rep. McLain, Rep. Montenegro, Rep. Nichols, Rep. Williams, Sen. S. Allen, Sen. Alvarez, Sen. Gould, Sen. C. Gray, Sen. Harper, Sen. Nelson, Sen. Verschoor

Would have made various statutory and session law changes related to the environment in the fiscal 2009-10 budget. Up to 10% of the annual proceeds from leases of trust land and from sales of timber and other natural resources located on trust land would have been deposited in the Trust Land Management Fund established by this act. The funds would have been legislatively appropriated and used exclusively to manage trust land. The Land Dept would have been required to transfer $7 million to the state General Fund over the next two fiscal years. Investment earnings from the state Parks Board's Land Conservation Fund in excess of $500,000 would have been permanently appropriated to the board for operation of state parks. The Dept of Water Resources would have had to include a separate accounting of the Nevada Interstate Water Banking Subaccount in its annual budget request. The duties of the Agricultural Best Management Practices Committee would have been expanded to include adopting by rule best practices for PM-10 particulate emissions including those from agricultural enterprises. Rules adopted would have superseded those adopted by counties in an area not designated as a PM-10 nonattainment area. Would have transferred $3 million during both the current and the next fiscal years from the State Parks Heritage Fund to the Fire Suppression Revolving Fund with any money unused by the end of the fiscal year reverting to the Heritage Fund. Would have required that livestock inspections be completed within 48 hours (formerly 12 hours) of the time the Dept of Agriculture is advised that livestock is subject to inspection. Would have repealed the Agricultural Protection Act (A.R.S. 4-3301 et.seq. which was enacted in 2002 to enable the creation of agricultural easements). 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: Sen. S. Allen

The age at which a person may request permanent exclusion from jury service is lowered to 72 from 75.

First sponsor: Sen. Tibshraeny

If a health care provider determines a patient has a terminal illness, and if the patient requests it, the provider must provide the patient with information and counseling on end-of-life options. A list of information that will satisfy this provision is prescribed.

First sponsor: Sen. Lopez
Others: Rep. Cloves Campbell, Rep. Chad Campbell, Rep. Farley, Rep. Miranda, Rep. Sinema, Rep. Waters, Sen. Aguirre, Sen. C. Allen, Sen. Alvarez, Sen. Burton Cahill, Sen. Landrum Taylor, Sen. Miranda, Sen. Rios

The restriction placed on a dental hygienist employed by or contracted to provide services to a public agency prohibiting them from working on persons younger than 19 is deleted. Additional limitations placed on the hygienist include: the hygienist may not continue to provide treatment to a person who has not seen a licensed dentist within 12 months of seeing the hygienist; persons 65 and older must be seen by a dentist after treatment by the hygienist; and if a patient presents with a "complex medical history," the dentist must be called in for a consult before any treatment by the hygienist. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Verschoor
Others: Rep. Bradley, Rep. Goodale, Rep. Tobin

The Legislature proclaims the week of Nov. 1, 2009, as Health Care Decisions Week and encourages all citizens to talk with their loved ones about their wishes for advance directives and other issues concerning their medical care in the event of incapacitating illness or injury.

First sponsor: Sen. Lopez
Others: Rep. Cloves Campbell, Rep. Chad Campbell, Rep. Farley, Rep. Heinz, Rep. Miranda, Rep. Sinema, Rep. Waters, Sen. Aguirre, Sen. C. Allen, Sen. Alvarez, Sen. Burton Cahill, Sen. Hale, Sen. Landrum Taylor, Sen. Miranda, Sen. Rios

The Legislature resolves that March 29 be proclaimed Vietnam Veterans' Day in Arizona.

First sponsor: Sen. Gould
Others: Sen. Harper

The 2010 general election ballot is to carry the question of whether to amend Article IX, Section 2, of the state Constitution to replace current provisions that allow for a partial exemption from property taxation for veterans and disabled veterans with a total exemption from property taxation for the primary residence of a totally disabled veteran or the spouse of a deceased veteran who was totally disabled.

First sponsor: Sen. Melvin
Others: Rep. Antenori, Rep. Gowan, Rep. Pratt, Rep. Quelland, Sen. Pierce