Summary of legislative action - Arizona State Senate 31st Legislature 1st Session 1973 |
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\ViL.L.I~~;v! C, ,.JACQUIN May 17, 1973 To: All Senators From: William C. ~Jacquin Re: SLU'ftlnar.ies ···of LegislaLioTl Enact.ed and Revenues Appropr.-iated - First Regular Session Thirty-first Le~islatvre with the assistance of Senate aides and professional staff, my office has prepared the attached material relating to l~gislation enacted and appropriations decisions made during this sessj.on~ For yo6r information I have enclosed the following: 1) A stat.istical summary of action on Senate and Hous.e bills i 2) A summary in bot.h graphic and tabular form of t.he appropriations made to state government agencies including "pie" charts depict~:i.ng total appropr.iations and educational appropriations of the state; 3) A comprehensive summary of all legislat.ion passed during t:h(~ First Regular Session. Please note that this legislation has been divided into t.hree sect ions: legislation on .-.k~.Y. __ public issues, legislation on other issues, and legislation of a corrective nature. Fur~her, within these three sections the smrrn:larTes-of the legislation have been arranged int.o fourteen functional categories to hop~fully provide easy reference. These fourteen categories are: 1) Administration and Revenue, 2) Agriculture; 3) Conunerce and Labor~ 4) Consumer Pro'-tection, 5) Corrections, 6) Education, 7) Elections and Voting, 8) Environmental, 9) Health, 10) Judicial, 11) Local Government, 12) Public Safety, 13) Recreation, 14) Transportation. I hope the material contained herein is useful to you. HCJ/lk Encl SUMMARY OF ACTION ON SENATE AND HOUSE BILLS I. SENATE BILLS A. Senate Bills in the- S-en-at-e l. Introduced in the Senate -3-34- 2. Held in Standing Committees ~ 3. Held in Rules Committee 21 4. Failed in Committee of the Whole 6 5. Failed i.n Third Reading 0 6. Passed the Senate 138 TOTAL 334 B. Senate Bills -. action in the House 1. Introduced in the House 138 2. Held in Standing Committees 38 3. Held in Rules Committee 7 4. Failed in Committee of the Whole 2 5. Failed in Third Reading 2 6. Passed the House 89 TOTAL 138 C. Senate Bills -, Conference Committee action 1. Assigned 28 2. Not Assigned (1) 3. Held 6 4. Reported Out and Passed 22 5. *Reported Out and Failed --0- TOTAL 28 *Either the Conference Committee Report was not adopted or the bill failed on final passage. Percentage 50.6% 6.3% 1. 8% 41.3% 100.%. 27.5% 5.1% 1.45% 1.45% 64.5% 100% 21.4% 78.6% 100% -2- II. HOUSE BILLS A. House Bills in the House 1. Introduced in the House 2. Held in Standing Committees 3. Held in Rules Committee 4. Failed in Committee of the Whole 5. Failed in Third Reading 6. Substituted Senate Bills 7. Passed the House TOTAL B. House Bills - action in the Senate 1. Introduced in the Senate 2. Held in Standing Committees 3. Held in Rules Committee 4. Failed in Committee of the Whole 5. Failed in Third Reading 6. Passed the Senate TOTAL 162 .. 13 5 o 2 137 21 8 3 o 105 C. House Bills _. Conference Committee action 1. Assigned 2. Not Assigned (2) 3. Held 4. Reported Out and Passed 5. *Reported Out and Failed III. ACTION BY THE GOVERNOR A. House Bills: Signed Vetoed B. Senate Bills: Signed Vetoed TOTAL TOTAL 1 18 o 102 o 82 o 319 319 137 137 19 19 184 *Either the Conference Committee Report was not adopted or the bill ~ailed on final passage .. 50.8% 4.1% 1.6% .6% 42.9% 15.4% 5.8% 2.2% 76.6% 5.3% 94.7% 100%' 100% 100% Thirty-first Legislature First Regular Session LEGISLATION ON KEY PUBLIC ISSUES T, ADIvlINISTRATION & REVENUE COLLECTION ~even ue p.epartmen t - (S . B . 10 19L Establi.shes a Department: of Revenue; txansfers all functions of Department of Property Va] uation and Estat.e Tax Commissi.oner, along wit.h selected funct.ions of' State Tax Conunission to the Department of Revenue. Department will be headed by a Direct.or who will appoint a Deputy Director and three Assistant Directors. There will be three divisions headed by the Assistant Directors: Administrative; Income, Transaction, Luxury, Estate Tax; Property Tax. Expands present Property Tax Appeals Board from three to nine me,mbers and renames it the Stat~e Board of Tax Appeals wit.h the members collectively having expertise in all matters of t,axa ti.on . . Appropriates $500, 000 to t:he Department of Finance for purchase of real property in Tucson f6r necessary expansion of state buildings and services. Appropriates $507,036,875 for the maintenance and operation of those State agencies supported by General Fund money. II. AGRICULTURE (None in this Section) III. COMMEHCE & LABOR Bingo Small Game License (H.B.~421 Allows an individual to apply t.o the State 'fax COlmnission for a license to operate bingo small games (gross weekly receipts of less than $300.00). The application fee is $5.00 payable to the local governing body and an annual report of receipts and expenses must be submitted to the State Tax Commission in addi tiOD to 2.5% of the net pI:oceeds. No person or organization who holds a liquor license may be issued a small bingo game license. Parcel Carriers (H.B. 2168) Legislation o~ Key Public Issues Page 2 Exempts common carriers by chartered aircraft in an unscheduled service from this regulatory stipulation and places them in the same cat.egory as ambulances, funeral coaches, and common carriers of farm products. Also, scheduled common carriers by aircraft shall not. be issued a certificate of public convenience and necessity in a route or territory served by another certified carrier unless the existing carrier will not provide services deemed satisfactory by the commission. Real Property Securities (H.B. 2275) Classifies land sale installment contracts secured by unimproved real property as real property securi.ties and would require registration of such securities with the corporation commission. A copy of t.he registrat.ion containing current appraised value of the land must be given to the buyer. Excluded, however, are pro~otional notes executed three years before sale, made in connection with the usual ~osts of lot development or secured by guarantee of t.he U. S. Government. Workmen's Compensation - Agricu}.tural Workers (S.B. 1012) Provides for agricultural workers to receive workmen's compensation benefits and calls for all employers to comply excep t those who employ only domest.ic servant.s. Extended the coverage of workmen's compensation to certain members of working part.nerships; Arizona National Guard; Arizona State Guard, or unorganized militia while act.ivel'y serving t.he state or unde.r competent mili 'lary orders. IV. CONSUMER PRO'llECTION Mechanic's Liens (S. B. 10191. Changes the law as to who has li.en rights for material and labor on a dwelling of an owner-occupant. The present lien law provides that every cont.ractor, subcontractor, archit.ect, builder or other person having charge of the project is the agent. of the owner and the owner is liable for the reasonable value of labor or materials furnished to his agent. The law now allows lien rights only to persons having executed in writing a contract directly with the owner-occupant. The bill also makes it a misdemeanor for the contractor knowingly to provide the owner with false information or to deliberately fail to pay for materials or services for a job for which he received prepayment. Legislation on Key Public Issues Page 3 Motor Vehicle Odometer~~.B.~l~~ Provides that persons involved in motor vehicle odometer fraudulent practices would be guilty of a misdemeanor. Fraudulent practi~es include: selling or installing a device that would cause. an odometer to register other than true mileage; operating a vehicle with a disconnected or non-functional odometer; reducing odometer mileage; or selling a vehicle with incorrect odometer mileage shown. Safety Glazing Materials (H.B. 2161) . Requires use of test cert-ified safety glazing materials for glass doors and other hazardous locations in residential and public buildings. Provides misdemeanor penalty after July 1, 1973 for installation of any other than safety glazing material in "hazardous locations." Sale of Subdivided Land (H.B. 2061) PFohibi ts the ·sale of s·ubdi vided land without provision for The law also requires public disclosure if the Arizona Water Commission finds inadequate on-site supply of water to meet the builder's projected needs. The law also prohibits designated brokers from holding any licenseS a~ a broker other th~n license to act in beh~lf of a corporaticin which he has designated. Subdivision Water Supply - Evaluation (H.B. 2100) Requires subdivider"s to - subm·i t -plans for sub·di vision water supply to the Arizona Water Commission and prove the adequacy of the supply for projected needs. Requires Commission to evaluate plan for supply and issue a report to the Rea.l Estate Commissi.oner. If the Water Commission's evaluation shows an inadequate water supply, the Real Estate Commissioner shall have all promotional material and contracts for the subdivision show the Water Commission's findings. UnifoF~_Landlord , Tenant Act (S_:...~_"!Q961 Outlines the rights and responsibilities of tenants and landlord in a rental or lease relationship of a dwelling unit. Establishes a limit upon the amount of security deposit required and specifies the procedures for seeking remedies through court action by both landlord and tenant for non-compliance with rental agreement provisions. V. CORRECTIONS Appropriation - Employment Security Commission (S.B. 1076) Makes an appropriation of $60,000 to the Employment Security Commission to be immediately available for the purpose of continuing the Arizona model ex-offenders program through June 30, 1973. Criminal Justice System - Family Counseling Programs (H.B. 2079) Provides a one-year appropriation of $250,000 in state match-ing funds to authorize and encourage counties to experiment with family counseling programs. The family counseling programs will be offered as an adjunct service to the present Juvenile Court Delinquency Prevention Program. The bill also requires those counties which establiRh a family counseling program to submit a report back to the Legisl&ture in January 1977 detailing the effectiveness of the progr~m. Legislation on Key Public IS3ues Page 4 Parolee Supervision - Out of State. Hearings (S.B. 1006) P"rov"ides that a person from another sta-te bei"ng supervised under parole or probation in Arizona may be considered for reincarceration by the appropriate judicial bodv when a parole or probation violation occurs. Provides for a hearing to sUbstantiate alleged violations and notification of the persons "homett state as to the outcome of the hearing. Also provides that Arizona parolees and probationees be given similar treatment in other states where they are being supervised. . VI. EDUCATION Appropriations - Capital outlay universities (H.B. 2037) . Appropriat~s $6,700,000 to- the Uriiversity of Arizona for capital improvements including a new university library and a multi-mirror telescope. Appropriates $6,700,000 to Arizona State University for completion of the physical sciences building. Appropriates $2,600,000 to Northern Arizona University for improvements in roads and the athletic facility, construction. of a psychology laboratory and construction of a psychology facility. Federal Health Science funds will be available for matching of state dollars. Bilingual Instruction - Community College System (H.B. 2208) --- Establishes biliilgllal-classesfor childi"en iil-gradesl-- 8 who have difficulty writing, speaking and understanding English and who come from backgrounds where other languages are primarily or exclusively used. Also, provides that children in grades 1 - 4 will receive bilingual programs before those in grades 5 - 8. An appropriation of $200,000 is made to the Department of Education for administration relating to bilingual instruction. Establishes procedures which allow existing community college districts to include themselves in the state community college system. Capital Outlay (H.B. 2315) ----Appropriates$ll-:g million to the different departments and agencies of the state government, excluding the universities, for the purchase of land and the construction and improvement of buildings. Property Tax Relief for 1973 (H.B. 2311) Establishes the first part of a' multiphased program to deemphasize the property tax as the primary source of educational funding. Makes possible continued work in refinancing public school education by utilizing federal revenue sharing funds to ~, provide up to $42 million property tax relief to the homeowners. Provides that no incorporated city or town may increase its property taxes by more than ten percent of the prior year's levy and limits counties to 10% increase plus some additional allowance for education related expenditures. In addition, provides a property tax credit against the 1974 income taxes of low-income elderly who own or rent their home. Legislation on Key Public ~ssues Page 5 Special Education - Required (H.B. 2256) . Requires all sch60l districts to have a plan for education of non-emotionally handicapped children by July 1, 1975 and requires implementation of instruction by September 1, 1976. The law'also creates a special education advisory committee to consult with the State Board of Education concerning implementation of special education in districts. Vouchers issued by the Division of Special Education from the Department of Education may be used by a child to pay tuition in other classes approved by the Department of Education if there is not a special class in his district. The vouchers are valid until September 1976 or whenever a special education program is established in the child's district. The bill appropriates $435,000 to the Special Education Division of the Department of Education for establishing the voucher system. VII. ELECTIONS AND VOTING Appropriation; Secretary of State (H.B. 2317) -. -·-·-Makes a$500, OO'O-'emergency-appropriation' to reimburse the Secretary of State, the County Recorders and the Boards of Supervisors for the costs incurred while preparing for and conducting the special recall election of the Governor. Elections - School Trustees; General (H.B. 2055) --, -'-~eVise-st~~t."pr('~!t1dure~ for :r.~K~,f:)trati ori'--an-~ vo~ing in g~neral' elect]_onst0lT"'R~JLLaeiJcy /requl~~.I"Il~Ilts and ~c;X~o~}_ ~lstrlct electl.on procedure!!; were revised iTO provide~ -for tilt! Ii tty-day residency period prior to voting. (Requi:Fements for deputy registrars were made more specifi~, as were the required questions asked when registering to vote. Instructions for voters, to be publically posted, are prescribed, and ballot forms to be used in the election are also described. A new "questioned ballot" procedure aJlows a person to vote whose name doesn't appear on the precinct register. Challenge procedures and qualifications for write-in candidates are revised. ll> Initiative Referendum and Recall (II. B. 2020) ---Revises procedures for circulation and verification of peti tions for initiative, referendum and recall, and adds new provisions to the statutes governing the receipt and verification of petitions by the Secretary of State. Establishes a one hundred and twenty day limit upon circulation and submittal for verification of recall petitions to the Secretary of State. Establishes penalties for circulators who knowingly allow an unqualified person to sign a petition and penalties for signers who knowingly sign when not qualified. Labor Election Contribution (H.B. 2122) Makes it unlawful for a laboi orginization to make any contribution or expenditure of money or anything of value for the purpose of influencing an election. VIII. ENVIRONMENTAL Legisl.ation on Key Public Issues Page 6 Annual Vehicle Inspection (S.B. 1056) Provides for a report by the Hig:hway DepaTtment to the Legis·lature not later than January 15, 1974, containing arguments for and against the establishment of an annual vehicle inspection program regarding standards for: vehicle safety, emission control, and financial responsibility. This inspection would be applicable to all vehicles prior to registration and would occur annually. The report will include recormnendations as to the adaptability of federal vehicle standards into Arizona law, and estimates of cost of implementation of this program. Arizona Water Commission (S.B. 1104) Appropriates $2,450,-000 for s"elected flood control projects throughout the state. Authorizes the Arizona Water Commissjon to participate financially with the federal government-over the next 15 years in flood control projects in which flood plain regulations have been established by a local government agency. Land Use Planning (S.a. 1014) . ·----"Establlshes-a:" statewide comprehensive and coordinated land use program in the office of the Governor. Appropriates $150,000 to a new Office of Environmental Planning, to be he~ded by a director who will advise the Governor on planning and assist a l5-member environmental planning commission (appointed by the Governor) in development of recommendations for a state land use plan. This legislation expires June 30, 1975. Land Use Policy Guidelines - Study (S.B. 1331) ------Requlres the-State Land-Department-to make a land use policy study of the Arizona Lower Colorado River Resource Are~ to determine desirable lands to trade or receive from those presently held by the federal government. The report is to be submitted with recommendations to the President of the Senate and the Speaker of the House of Representatives by April 15, 1974. An appropriation of $100,000 is provided for this purpose. Urban Environment Management (S.B. 1026) Authorizes incorporated cities and towns to plan, zone and issue subdivision regulations. Presently, only charter cities have such powers under their respective charters, although state law does provide for limited zoning powers. The bill allows for the adoption of zoning ordinances and allows cities and towns extraterritorial jurisdiction if counties do not have zoning, planning or subdivision regulations. The new law is permissive to become effective January 1, 1974 and it will not affect previously adopted plans and ordinances. Water; Floodplain Management (H.B. 2010) Directs the Arizona Water Commission to develop and adopt criteria for establishing fifty and one hundred-year floodplains. Directs the local units of government to establish regulations for use of lands within designated floodplains after public hearings are held. Establishes the time period over which these items must be accomplished. Provides penalty provisions for violations of the regulations. IX. HEALTH Legislation on Key Public Issues Page 7 Abortion Refusal to Act (S.B. 1333) Provides thatno hospital" is-required to perform an abortion. Physicians or hospital employees may not be discharged for refusing on moral or religious grounds to assist in an abortion if advance written notice is given. Department of Health Services - Establishment (H.B. 2004) Consolid'ates the Sta.te Department arHeal tIl: SfateBoard o.f Health, Arizona Health Planning Authority, Crippled Childrens Services, Arizona State Hospital, Arizona Pioneers' Home, State Hospital for Disabled Miners, and the Anatomy Board into a State Department of Health Services. The Department of Health Services is primarily responsible for 1) public health protection, 2) community health servi.ces, such as, mental health, alcohol and drug abuse prevention, maternal and child health and family planning; 3) state health program integration; 4) health services cost reduction; 5) information dissemination to governmental agencies and the public; 6) rep0rt preparation; and 7) recommendations for new legislation. Pr'ovicles for a director who is responsible for the formulation of ruJ.es and regulations and review of administrative decisions; and may appoint deputy and assistant directors within the Department. Establishes an Advisory Health Council to confer with the Department about the implementation of Health Services and related areas. The new Department of Health Services will also be responsible for and make contracts with the state licensing agencies of the Dental Board, Board of Medical Examiners, Board of Nursing, Board of Optometry, Board of Osteopaths, Board of Podiatrists, and Board of Pharmacy. Makes an appropriation of $100,000 for initial administrative costs and implementation must begin not later than March 1, 1974 with the Department in full operation by July 1, 1974. Sets up a legislative committee to work with the Department of Economic Security and to submit to the Legislature in 1974 recommendations for incorporating the Department of Mental Retardation into the Department of Economic Security. Health Care Institutions - Financial Records (H.B. 2008) ---ProvideS-for the-ArizonaHealth PlanningAuthorlty-to prescribe uniform accounting practices for Health Care institutions. Empowers the Authority to audit annual reports from any health institution. Legislation on Key Public Issues Page 8 Insurance - Health Maintenance Organizations (H.B. 2043) Authorizes hospitar-and medicalservlce"-corporations to operate as health maintenance organizations (HMO's) and would make such organizations subject to financial regulation by the State Department of Insurance. In addition, this measure would define an HMO as any organization providing comprehensive health maintenance services to enrolled individuals on a per capita prepayment basis; prescribe the minimum health care service elements to be included in comprehensive health care services; add new reserve requirements and raise the total deposit requirements from $25,000 to $50,000 for hospital and medical service corporations, including non-government financed HMO's (certain government financed HMO's would be exempt from deposit requirements); and place the construction and modification of HMO facilities under the same certification of public need requirements as other health care facilities. Solicitation guidelines are also outlined. Smoking in Public Areas (S.B. 1313) PrahiSl tssmc)king In-a~ny-elev"ator, indoor theater, library, art museum, concert hall, or bus which is open to the public. However, smoking is not prohibited at these sites if confined to specific areas designated for smoking only. Violation of this chapter is a misdemeanor. State Department of Mental Retardation (H.~. 2134) ----ProvicI"esfor -the-transfer-o"Y-the - preselrt-property and hospital facility of the Crippled Childrens Services in Phoenix to the State Department of Mental Retardation for the establishment of an additional mental retardation center to be used for nonambulatory retardates. Transfer of Sanatorium (H.B. 2089) --- Provides for conversion of State Tuberculosis Sanatorium in Tempe to a Crippled Children's Hospital and transfers the former Sanatorium site for use by the Board of Crippled Childrens Services by July 1, 1973. Establishes a tuberculosis care fund and empowers the Heal.th Department Commissioner to use funds to contract care for any tuberculous person whose medical insurance proves insufficient. Designates State Health Department as official agency to handle funds for treatment, prevention and control of tuberculosis. Appropriates $22,917 to the Health Department for administration of act and removal and transfer of patients, equipment, etc. from Sanatorium site. Appropriates $6,000 to the Board of Crippled Childrens Services for transfer of patients, etc. to former Sanatorium site. Reallocates $275,000 to Board of Crippled Childrens Services for conversion of Sanatorium to Crippled Childrens Hospital. X. JUDICIAL Court of Appeals Departments (S.B. 1156) Increases the number of judges in Division 1 of the Arizona Court of Appeals from six to nine. Authorizes the Chief Judge to designate one of the Departments to review, on petition, decisions of the Industri.al Commission. Legislation on Key Pu~lic Issues Page 9 .Qr~imes __ =_Expu!.!:~ing: of Records (S.B. 1201) Allows for the destruction of-anindividual's juvenile record, after a hearing - if the individual is eighteen or not under the jurisdiction of the Juvenile Court or tiepartment of Correcti6ns. Also, allows a person who is wrongfully arrested to petition the Superior Court to insert in all records a notation that the person has been cleared. Equal _Rights (H.B. 2280) Amends the existing statutes of the state in order that both males a~d f~males will have equal rights, privileges, opportunities, and oblIgatIons under the law. The law provides for the elimination o~ discrimination on the basis of sex in such areas as: public rIghts and responsibilities, employment and employment benefits marriage and marital property rights, divorce and separation, c~ild support and custody, wills and probate and criminal laws. _~l_la_,r_ri_8. ._ 'g-' ·_ e _D_i_s_so_l_u_ti_o_Y~ l __. _. r.h::i:l.r~l~ __ .(::1:_'.1 . :1Q:i-:r'~),r~1"~'iLi7 _~f2.c_) ~~T~_ .:1: .()~vf.l7 ")\ Replaces present divorce and child custody-Jaws and directs the court to grant divorce only if a marriage is irretrievably broken. Community property would be divided equally, regardless of fault; maintenance and/or child support could be paid by either spouse; and child custody would be granted in the best interests of the child. In addition, a separate trial is required to determine custody and visitation rights, if either is a contested issue. Probate Code (II.B. 2002) -----Extonsive-Iy~revises the State of Arizona t s probate code. There are new changes in the general provisions such as: new general notice requirements, and provisions to prevent fraud. The're are significant revisions i.n intestate succession and wills, such as changes in the pattern of inheritance when the decedent has no will and the decedent is survived by a spouse and children, limitations on inheritance by only those descended from grandparents; requirements thft an heir surv~ve the decedent for five days in order to inherit;,and that relatIves related through only one common ancestor are treated as natural children for all inheritance purposes. Other provisions include: the exemption of property for the family ahead of creditors; protection to a limited extent of disinheritance; spouses or dependent children are given personal effects up to $3,560 in value; and oral wills are invalid. The new code provides an allowance to the spouse and dependent children for their support while the estate is being 8_dministered; rltself proved wills lt are automatically admitted to probate without having to prove the formalities of execution after death of a testator; a will or a provision of a will would not be invalidated because the will is signed by a person who benefits from the will; provides for recourse of unintentional ommission of a member of the family in a will; separate lists for friends or relatives may be changed without changing the entire will; provides definite rules relating to handling of changes in the form of securities; adopted children are defined as "children" of the decedent; persons can renounce both property given him by the will and property passing to him as an heir. Probate Code (contiE.!:!:ed.2 Legislation on Key Public Issues Page 10 The new code also provides foy revisions in probation of wills and administration of wills. New changes are informal probate of estates when heirs choose to utilize such methods or when heirs do not so choose, they may use formal probate ~ which includes the jurisdiction of the court and annual accounting for estates of incompetents. There are also significant modifications in foreign personal representatives and ancillary administration such as affording protection to Arizona persons who wish to pay funds or deliver property to foreign personal representatives; the c.ode alEio allows suit in Arizona courts against a foreign personal who has filed here or collected money or property by mail. - The code changes provisions of protect jon of persons under disability and their property by providing that guardians coming into possession or control of funds or other property of persons under disability may be required by the court to post bond. There are new provisions in non-probate transfers such as: each depositor of a joint account is presumed to own the account during his lifetime in proportion to his deposits. There are specia.l protections of iinancial iustitutions; 8:1d there are broad provisions preventing provisions for payment or of property after death from being testamentary. The changes in Trust administration include acceptance of a trust administered in Arizona or moving the principal place of admi.nistration here would constitute acts consentjng to jurisdiction of Arizona courts over the trust; and also the code replaces the present rule that the trustee is personally liable in tort and contract with new rules which makes the estate liable, exempting the trustee from personal liability on contracts or tort. XI LOCAL GOVEH}Jp,fENT (None in this Section) XII. PUBLIC SAFETY Degrees of Murder; Punishment (S.B. 1005) Outlines the crime~ of first degrei-for which there is mandatory death or life imprisonment without possibility of parole until after 25 years have been served. Such crimes include torture, premeditated killing, murder while in the course of robbery, burglary, kidnapping, and sexual molestation of a child under 13 years of age. Any person found guilty of first degree murder shall have a separate sentencing hearing to determine the existence or nonextistence of aggravating and mitigating circumstances before death or a Jife sentence is imposed by the trial judge. XIII. RECREATION (None in this Section) XIV. TRANSPORTATION Legislation on Key Public Issues P:lge 11 Commercial Vehicle Weight (S.B. 1183) Replaces existing-un{aden weight "fee rate schedule for commercial vehicles with a gross weight fee scheduJe to be implemented in two parts over the next two years. Increases selected vehicle registration fees and miscellaneous fees and establishes a trust fund where the funds from additional fees will be deposited to be retained until a new distribution formula is determined for all highway user revenues between the state, cities, and counties. Also, reinstates auto lieu tax proVisions and delays implementation of staggered vehicle registration for one moy.e year. Department of Transportation (S.B. 1143) ---·-Es·tabl ish"es -a-D"e}.:mrtIri"en"t-of-Transportation providing for an integrated and balanced state transportation system. The administration of the new D~partment is the responsibility of a Director appointed by the Governor from a list of qualified candidates submitted by the Transportation Board. The Board will consist of seven members appointed by the Governor, one from each of five transportation districts, and two from the state at large. At least three members of the Board shall have experience in aviation. The Department of Transportation will be organized into the following divisions, each with an assistant director as its head: 1) Motor VehicJ.e Division - vehicle registration, driver licensing, revenue and accounting services, enforcement and investigation. 2) Transportation Planning Division - state planning studies, priori ty programming, local government coordinat.ion, transportation safety. 3) Highway Division - building and maintenance of highways, hi.ghway safety. 4) Administrative Services Division - management, operations analysis, financial services, data processing, project scheduling and control, general services, personnel, recruitment training, safety, classification and salary administration, minority employment, records and benefits administration, public information. 5) Aeronautics Division - registr~tion and licensing of aircraft, enforcement. 6) Public Transit Division - public transi~ planning studies, priority programming and coordination. The exclusive control and jurisdiction over state highways, state routes, state airports and all state owned transportation systems is vested in the Department. The authority, functions, records, furnishings and property, equipment, all unexpended and unencumbered funds and personnel of agencies will be transferred to the Department on July 1, 1974. Thirty-first Legislature First Regular Session Page .1. LEGISLATION ON OTHER ISSUES I. ADMINISTRATION & REVENUE COI,LECT JON Claims for ReJ.ief (H.B. 2313) Provide-s-S254-;O·OO-t.o ind'ividuals w.ith claims against: the State. In most cases, warrants had been issued by the State, but had not been presented for pa:,:{ment. wit.hin the t.ime set by law, and the funds reverted to the General Fund. The largest sum, $141,000, goes to five counties for education assistance to school districts. Department of State (H.B. 2151) ----_.- Cr ea Fes a Departme"I1F·-of - Stat e under the Secretary of St.ate; but this measure does not change the pOHers and out.ies of Lhe Secretary of State. Also repeals the position and authority of the Conunissioner of Deeds. Employment Security (fLB. 2114) _·---·-Makes varToushouse}(eeping language changes relating to the Employment: Securi ty Divj~sio~ of the Department. of Economic Security. Also amends various provisions of the law relative to the Department's authority in relation t.o Che state IS uney:ployment cornper:sa t:i on program. The new provisions expand t:he Dc"partment IS authori ty over employer responsibilities under this program. Gross Income Deductions (S.B. 1103) ---.------. S:Lmpl y d.l v-:[des-tFie-·-~length~y-s(~c-tion in exis t.1 ng lav7 concerning i.neome tax deductions into several more conci.se, understandable sections, including deductions for expenses, interest, taxes, losses, and bad debts. The revisions mctke i t. easi(~r to trace down internal references and index tax material more precisely. House and Senate Winqs - Jurisdiction (H.B. 2310) --- Provides tEat the--responsTbI-:r-:n:.~~ for-allccat.ion of space, operation, and alteration of the House and Senate Wings will be transferred from the.Assistant Director of Public Buildings Maintenance to the President of the Senate and the SpeakE,:'r of the House. Rent for space in either building will. be paid to either the President or the Speaker. Also provides that the Buildings Maintenance Assistant Director is no longer responsible for maintenance of buildings of the Game and Fish Depa~tment. Retirement Benefits (S.B. 1212) ---·J)rovfdes- a"--t.en percentcos-t'-of--living increase for certain retired members of the Arizona State Retirement System. Meniliers eligible include those who elected to transfer their membership from the System to the Plan. Provides a continuing annual appropriation of $410,000 to cover the cost of the increased benefits. State Department of Property Valu~tion (S.B. 1022) ------ p l~ 0V ide s--tha t -c OUi1t~ y ci-s-s ess-or-s -s 11·ZiTli1-C;Elfy , -"on HaL'ch 1 0 f e a eh year, all property owners whose assessed valuation has increased or whose property classification has changed from the preceding year. State Insurance (S.B. 1334) Legislation on Other Issues Page 2 Authorizes t.he GovernO'r to provide insurance coverage for all buildings owned by the State, i.ncluding departments, agencies, boards, or commissions of t.he state, as well as State property in buildings leased in whole or in part to the State. $500,000 was appropriated to establi.sh a permanent revolving fund for the payment. of losses sustained by State agencies that are not covered by insurance. Welfare - I.D. Card (S.B. 1320) -'--A""Ilows'-the -nepartment.·-of-Economic Security to issue upon request an identification card to any person receiving financial assistance from t.he Depart.ment.. This I.D. card wi1l aid in cashing assistance checks. II. AGRICULTURE III. Appropriation .... Z\gricultural Employment Relations Board (H.B. 2088) ---Makesasupplem'en talappropr Ia fTon'-of$Tt:;'o-;cH50avaIT:3:ETe-to- the Agricultural Employment Relat.ions Board for administration regarqing employment: relations in agriculture. Seed Law Amendments (H.B. 2173) -Increases fhe-authority-of the Arizona Commission of Agric"ll_lture and Ho~ticulture with respect to seed sold in this State. Raises the license fee for seed dealers from $5 to $10, and specific label-ing requirements are added to existing labeling regulations. COMMEHCE AND LABOR Barber Training, Examinations, Fees (H.B. 2113) -'-----Reqliires that one menlber--ot'-Hle-"St"ate Board of Barber Examiners ' be a lay person and authorizes the Board to regulate and license barber schools. Revises regulations governing out-of-state apprentices by establishing 1250 hours as the graduation requirement for the barbering course. Increases fees charged by the Board for adminis tra b .. on. Consumer Protection (S.B. 1147) .---- Ex t.ends from t\~o-to thre"e---calendar days the time in which a buyer may cancel a purchase made through home solicitation. Makes void any provision that may be contained in a home solicitation contract that purports to waive the buyer's right to cancel such contract. Division of Building Codes - Appropriation (H.B. 2040) Appropria tes $,fs-;Goo-Fo the DivIsion of-BuTTCfIng -Codes for FY 1972-73 for regulation activities relating to the construction of factory-built: buildings, mobile homes, and recreational vehicles. Division of Building Laws (H.B. 2025) Empowers the State Division of Building Codes t.o 0) promulgate rules and regulations governing the installation of mobile homes; (2) require examinations for persons engaging in utility-line hookups and ground anchoring at mobile home par\:s; (3) inspect and charge Legislation on Other Issues Page 3 for inspect.ions relat.ing t.o t.he manufacturing of mobile homes; and (4) requires local ordinances and rules relating to mobile homes, factory-built. homes, and recreat.ional vehicles t.o conform to state standards. Insurance - Departmental Deadline Dat.es (H.B. 2027) Requires that.~ stock insurers ma~'intain- theIr-surpluses at all. times; and t.hat a domestic insurer doing business in another stat~e pay a premium tax to the stat.e of Arizona as if such business were transacted in this state - insurance premium t.axes on surplus l.ines will be due on March 1 of each year. The Direct.or of Insurance is also given the alternative of placing a company in conservatorship before liquidating it, and creditors are given access to deposit funds after t.he policyholders are sufficiently satisfied. State Banking Department. (H.B. 2024) -----Revls"es ad-ffiinistra·tj.ve provIsIons of St.a te BanJd nq Department. Increases fees for annual inspections of financial institutions and allows penalty for failure to pay fees. Increa.ses applicat.ion fee for establishing some financial institutions. Prescribes qualifica-tions for department superintendent and empowers him t.o enforce laws relating to financial institutions. state Mine Inspector (H.B. 2152) -----Abolishes--t.he-existing offIce of the S t.at.e Mine ))us t Eng ineE'r Itlhich is presently ('1 separate division within the office of the State Mine Inspector, and would transfer the duties of the Mine Dust Engineer to the State Mine Inspector. This measure ~lso repeals the statutory provision limiting the State Mine Inspector to the appointment of six deputy inspectors. Workmen'~ Compensation Act (H.B. 2063) --·---Incorporatesfhe"provTslons·of--the occupational disease disa-bili ty act into the exist.ing Workmen I s Compensa tion Act. Expands the definit.ion of "personal injury" cont.ained in the present Workmen's Compensation Act to include occupational diseases which are defined as possessing characteristics of and peculiar to a particular trade, occupation, process, or employment and not tbe ordinary disease to which the general public is exposed. IV. CONSUMER PROTEC'I'ION (None in this section) V. CORRECTIONS Children - Correct.ions Commitment and Discharqe (S.B. 2096) Requires that.- once the juve.niI·e-COur~t has-obt.ainedJurisdiction of a youthful offender, his commitment shall cont:inue unt.il the youthful offender reaches his 21st birthday or unless discharged in accordance with the law. Criminal Justice System - Stipends for Ex-offenders (S.B. 1311) Makes a first-year ap"propriatfon of $36:-000to the State"Department of Economic Security to develop, in conjunct.ion with the state Department of Corrections, a financial assistance program for employable ex-·offenders. Legislation on Other Issues Page 4 Prisoner's Release - Funds; Trust Funds (H.B. 2159) Aut.horizes the Depar"tment of C"orr-:-ections--to-det.ermine t.he amount of money, not less than $50 nor more than $250, to be given a prisoner paroled or discharged. VI. EDUCATION Appropriation _. Department of Economic Security (H.B. 2135) ----- Makesan--appropriationof-$lO~OOO--·to the-Depart.menToI· Economic Security for the purpose of increasing the amount of the Governor's on-the-job training revolving fund. Drugs, Alcohol, Tobacco Affects Instruction (S.B. l203) Requires' tIla t -Inst.rllcTIon-on ffie-harmfuT-a]!f"ect."s-of and the prevention of abuse of alcohol, tobacco, narcotics, and cannabis be givqn in both elementary and high schools. October Third-Grade Reading Tests - Chapter 98 (S.B. 1206) . D y ~T;:;-~;;--~-';-:-~~-:=-~-:;::-:::-;;-t·T=-1-·'::'--·-=-f-~··--+='-,1" -r- a'- -q--r·-::;-d- e-""p-:-J··_·p l'-;l--'::· Ire a d 1 nq" .L..J....\,.-'y . .l..,......t. ........ ..:::> ,LV.l.. LMllC ClllllUo.-L L.e ....... .1-1 y tJ \"-1,1 .. OU:; a. t._ . ..:> ..•• ' -' achievement level each October. It also requires that a copy of the results from each district. be sent to each district. These results shall not be made public until 10 days after each district has received their report. School Board Association Membership Authorized (H.B. 2292) -----RepeaIs -"fhe ArlzonascIlooT-Bo~·rcr I-is·socTa~EIon -as--a-st.at:utorily recognized entity. Authorizes school boards to spend annually twenty··five one hundred thousandths (.00025) of total operating budgets as dues in an association of school districts. Also, restricts district dues to a minimum of $25 and a maxbnum of $10,000 per year. VII. ELECTIONS AND VOTING (None in this section) VIII. ENVIRONMENTAL State Land Department (H.B. 2074) ----.A:ut.horizes the--S--Fate L·aner De·partment. to permit construction and maintenance of certain flood control and soil protective systems on State-owned lands. It also prescribes conditions and limitations upon compensation benefits provided to owners of land adversely affected by such flood control and soil protective systems. State Water Department (S.B. 1271) --~lar·ges the---duEies and power·s of the State h'ater Engineer with respect to the construction and completion of certain dams, establishes the number of members serving on the Board of Review, and redefines the wo:rd "dam" as used in the law. Legislation on Other Issues Page 5 water Commission- Appropriation (S.B. 1152) A"ppropriates-$163-;500to-t.he-Ariz6~wat.er Commission as the first year's appropriation of a six-year program. The program is to provide planning staff assistance to Federal Government agencies involved in flood control projects affecting the Central Arizona Project. IX. HEALTH Midwives (S.B. 1321) --Legislation -~lOuJd authorize a registered nurse certified by the Arizona State Board of Nur sj ng as a qualif ied nur se··michvif e to a"ttend a woman in childbirth. X. J"UDICIAL Superior Courts - Sessions - Chapter 102 (HeB. 2279) _·---j:)rovldes" tha-F-superlor -C-ouit'sessi'onsmay-be--held at" places other than the county· seat. It also provides for a civil action for collection of non-sufficient funds checks . . XI . LOCAL GOVERi.\JMENT Appropriations - County Fair Fund (S.B. 1085) ---- Au·tTlorTzes--cer"t2i"in -C;-ount"y--Boarcfs-C;fSupe-rvisors to appropriate more money for county fairs. Counties with 200,000 or more population will be allowed up to $100,000. Those with 25,000 or more population up to $25,000. Those with less than 25,000 population up to $15,000. Previously all Boards were allowed to appropriate only up to $15,000. Firemen's Retirement - Additional Benefits - Chapter 120 (S.B. 1294) --" AuthorI.zeslull="tIn~paidrnunIcipar-flr·emen-;-retir:ecCpriorto--" July 1, 1968, or their dependents, to petition their last municipal employer for a hardship pension adjustment. The law specifies what the petition shall contain and on what basis the employer shall award the hardship increase. Interest Allocation - Monies Held (S.B. 1302) Provides -forthe apportionment;-on"a -pro rata basis, of int:erest~ achieved on monies held in public deposit among the individual tax funds for which the money was originally collected. Regulation of Light Authority (S.B. 1100) ---p,:uthorizes ci"tles, tmvns-;" and -counties t.o adopt and enforce standards for shielding of light sources near astronomical or meteorological laboratories. XII. PUBLIC SAFETY Legislation on Other Issues Page 6 Animals - CruelJcy and Abandonment (S.B. 1317) -- Makes it.-a mfsd.err:eanor·-offense to· abandon any animal. This includes animals left at a boarding facility or veterinarian's office if the animal is not reclaimed within 30 days after the date of written notice, either by registered or certified mail. Public Safety (S.B. 1131) ---Al1thorizes public airport.s to appoint. airport. policemen t.o assist existing law enforcement agencies. These airport policemen will be fully empowered peace officers of the State if they meet the minimum-training standards of the Law Enforcement Officer Advisory Council. XIII. RECREATION (None in this section) XIV e TR.Al.'JSPORT]~TIOt\J Airstrip Length Restrictions (H.B. 2191) --Prohil:iTE-s-fhe goveining bodIes of cities, towns, and counties from restricting or limiting the length or width of airstrips or runways for the landing and takeoff cf a.iJ:craft. Motor Vehicle Division (S.B. 1141) -·---RequiJ:es·achaut"feur's lic-eDse for t.he operat.:.ion of a tow truck used for moving or transporting wrecked, disabled, or abandoned vehicles. Also requires that tow trucks operating on the highways be in good working order. Thirty-first Legislature First Regular Session Page 1 LEGISLATION OF A COHRECTIVE NATURE 1. ADHINISTRATION & REVENUE COLLECTION Abatement - Certain Unpaid Income Tax (S.B. 1059) -- Authorizes the-Tax Commi ssion-- to abate an individual income tax debt if the Tax Commission determines collection costs would exceed the amount due. Gives corporations and individuals greater flexibility in making installment payments for income tax. Appropriation - Auditor General (H.B. 2206) Makes 3~-supplementalappropriatlon-of-$9, 597 to the Auditor General to be available for office rental charges during the fiscal year ending June 30, 1973. Appropriation - Corporation Commission (H.B. 2146) ----Make-s-suppTemental appr-oprlatloli-of $9,305 to the Tax and Tariff Division of the Corporation Commission for personal services and travel expenses incurred by board members, operating expenses, and capital outlay. Appropriation - Department of Finance (II.B. 2180) ---- lial~-es-an- appropriation-()f-$200~(YOto theDept. of Ftllance for installation of two elevators in the House and Senate wings of the Ca.pi tol . Approprtation - Department of Finance (H.B. 2207) --------KfiIZes-a:-s upp 1 erne n t a faPI)l'oPl' t a:tToli-o f $25;'000 tot he D ep ar tm e n t of Finance for th(~ division of accounts and controls to employ additional staff. Appropriktion - Department of Public Butldings Maintenance (H.B. 2288) ---Makes as-uppIemen-tafapp-roprTa ti"on---of $35-;-00-0-to th-e-Departmen t of ~ublic Buildings Maintenance for moving involved agencies into new buildings in the Capitol complex. Appropriation - Department of Public Buildings Maintenance (H.B. 2307) . Makes a supplemerital appropriatton of $35,000--to-the-Depai~tmentof Public Buildings Maintenance to be available for motor pool es tablishment. Appropriation - Finance Department - Retirement Contributions (H.B. 2291) ---Makes a supplemental approprIation of $17T,-990-t-o-ti1e Departmerlt-of Finance for payment of increased state retirement contributions for the elected state officerfs plan. Appropriation - State Government (H.B. 2148) Repeals A~S:-41-:::507 whic-i~-exempts--approprlations made to the Office of Economic Planning and Development from the lapsing of appropriation provisions of Arizona law. Appropriation - State Personnel Commission (H.B. 2137) Makes supi;lementalappropriation of $57, 900---to re-imburse the Personnel Commission for expenses incurred during the administration of health and accident insurance programs for state officers and employees. Legislation of a Corrective Natu~e Page 2 Appropriation to Legisla!ur~~S.B~20) Makes an emergency appropriation of $250,000 to the Arizona Senate and $180,000 to the Arizona House of Representatives for the purpose of compensating current and contingent expenses incurred by the Legislature. Arizona Atomic Energy Commission (H.B. 2182) ---Provides that COIDJnission members becompensated according to the provisions of A.R.S. 38-611 instead of subsistence and travel expenses as allowed by law for other state officers. The change would have the effect of increasing from $20 to $30 the subsistence and travel expenses for Commission members. , Ar.izo!!a R~vis~_s:L§..:t§:_tutes; Conforming Changes __ (H .~_ 200~1 Conforms existing statutes and provisions that are in conflict in the Arizona Revised Statutes. Contracts for Consultant Services; Requirements(S.B. 1219) --- Presc r-i b 88-1. her)r oc e dilre-i 0 -be-of 0 Tlo\ved-byst a fe-gover nmen t 2.1 agencies in purchasing services from outside consultants. Such services are to be purchased on a competitive bid basis, and contracts will only be awarded to bidding firms fulfilling certain requirements. County Treasurer- Back T2~x Bool~s (H.B. 2297) -----EIImIna tes-ther-equirement -Imposed uporlCounty Trea.surers to maintain an annual "back tax book" in addi tJon to the consolidated "back tax book". Employee Option - Compensation Wjthheld (H.B. 2016) Provides taxpayers -wi th-op-tion- as-to vihether 10% or 20% of the Federal Income Tax deduction will be withheJd for state income tax purposes. Previously, the maximum amount to be withheld was 10% for state income tax purposes. Establishing Certain Revolving Funds (H.B. 2289) Establishes separate, nonlapsing-revolving-funds for: the Arizona Coliseum and Exposition Center Board, $15,000; the Game and Fish Department, $20,000; the State Hospital, $5,000; and the State Treasurer, $5,000. These revolving funds are to be used for payment of postage, C.O.D. packages, travel, and other minor disbursements. Also created under this provision are the Civic Center School Fund and the Consumer Protection - Consumer Fraud Revolving Fund. Finance - Budget Unit Funds Transfer (H.B. 2290) Authorizes the Finance Di~ision of the Department of Administration to make transfers of funds from within a budget unit for purposes of compensating employees. Income Tax Deduction (S.B. 1087) Provides for a tax deduction on an individual's state income tax for education expenses incurred due to upgraded requirements of the taxpayer's occupation or profession. The deduction does not include subbatica1 leave or the minimum education requirements to qualify for a position. Legislation of a Corrective Nature Page 3 Indian Affairs Commission (S.B. 1238) . Enables the Indian Affairs--Commi·ssion to employ staff personnel. Luxury Tax Stamps; Discounted Prices (S.B. 1158) Provides certain disc-ounts~-wholesalers -and retailers for purchase of luxury tax stamps for cigarettes depending on dollar amount purchased per month. Public Employees - Benefits (H.B. 2117) Provides that any benefits an individual is entitled to under any present or prior retirement system, shall not be reduced because the individual is receiving social security benefits. Publication - Disposal of Unclaimed Property (S.B. 1189) ·---He-quires tha-tnot j ce-ofsale--ofunclain1ed propertyheld by the state or other governmental units be published only once rather than six successive weeks as previously required. Real Estate Investment Trusts - Taxation (S.B. 1060) ----Pr Q v i d est hat-bus ines" s tr-us t s-qual i (yi n g"--as--" rea 1 est ate in v e s t"- ment trust" for federal tax purposes will, under certain cond~tions, be allowed an income tax deduction for dividends paid to stockholders. A person receiving dividends from a "qualifying trust" is not allowed to deduct those divj.dends from income tax. Retirement System - Investment Advisory Council (S.B. 1084) ---BE; tab i i Si1e s -EEree -con s e cu t i ve-two=y~e-ar--"te rms-as-t:h e --lTmi t for membership on the Investment Advisory Council of the State Retirement System. The limit was previously two consecutive two-year terms. State Board Property Tax Appeals (S.B. 1328) ----~11powersthe--State-Board o:-CPr-operty-Tax Appeals to employ legal counsel. State Compensation Fund - Examination of (H.B. 2022) ----Allows the Director-of Insurance-to exan1ine the affairs, accounts, etc. of the State Compensation Fund for purposes of advisory recommendations regarding State Compensation Fund operati. ons. State Government Buildings (H.B. 2045) ._- Provid"es"-for-the- expansiono:f-present law requiring publ ic buildings constructed with state and local government funds to provide facilities which would make them more accessible to disabled persons. Stipulates that the requirements for these facilities must be jncorporated into future as well as present building codes. State Tax Commission (S.B. 1118) ---Prov-ides that the five perc"ent penalty assessed each 30 days for either failure to file a state income tax return or failure to file a return on time would be assessed only on that part of the tax still owed by the taxpayer. State Tax Commission (S.B. 1120) Legislation of a Corrective Nature Page 4 ---ProvIdes tha't in the-p'reparation of a state incorne tax return, a taxpayer may round out to the nearest whole dollar any fraction of a dollar. Taxation - Mobile Home Registration Fees (S.B. 1065) -----Nu~lII'f ie'sannual-registrat"ion--'of-mobile-homes and provi des that they be "titled" with the Highway Department. Provides that trailers less than 8 feet in width and 40 feet in length will be subject to a license tax in lieu of ad valorem property taxes. Volunteer Fire Company Funds - Retention (H.B. 2057) ----Pl-:-ovides that surl) Ius Inonies in excess of-- 25%rema ining in the fiscal budget in the "Volunteer F.ire Company Fund" will not revert to the county general fund, but will be retained by the Volunteer Fire Companies. II. AGRICULTURE Appropriation - Livestock Sanitary Board (H.B. 218J) ---- Makes a -"sur~piementaT-approprTationca'-$f6~'500'--~C0 the Li.vestock Sanitary Board for publishing and issuing a brand book. Brucellosis, Tuberculosis Control (H.B. 2104) --'------Yncreases the - al:ithorized-'cla~-Cln-Tor owner- of' a tuberculosis infected animal destroyed by the state from $50 to $100 for a purebred animal and from $25 to $50 for a grade stock animal. Other changes in vaccination authorjty and procedures including the authority to set the exclusionary age for official calfhood vaccination were made. Recording Livestock Earmark (H.B. 2172) -----Allows the recording-of'-earmarksfor range livestock optional rather than mandatory. I I I . COl\IMEHCE AND LABOE Certified Public Accountants (H.B. 2112) '---ReviseS-the make upa-f the-State Board of Accountancy to one lay person and four certified public accountants. The bill also allows applicants to take the C.P.A. exam 90 days before completing necessary higher education upon showing proof that the education will be complete in such period. Clearing Corporation - Definition - Deposit Authority (H.B. 2250) '---C11anges definition of " clQaring corporation." Allows"IO percent of stock in this corporation to be held by individuals where previou~ly all capital stocks had to be held by a registered securities association. Authorizes banks, trust companies, or title insurance companies, when acting in a trust capacity, to deposit securities in clearing corporations. Contractors (H.B. 2273) Legislation of a Corrective Nature Pare 5 '----Relieves the Registrar of Contractors of personal liability for duties relating to the bond and cash deposit requirements if such duties are performed in good faith. Equal Wage Rates for Men and Women (H.B. 2242) ---- Provides that no person can be paTdwages less than those paid to a person of the opposite sex provided that both are employed in the same establishment in the same capacity. Increasing Industrial Commission Authority (H.B. 2121) Pr"ovides that the COlru11ission-may-establIsh -requirements and standards of competency for individuals jnvolved in inspecting, constructing, relocating, altering, dismantling, ma~ntain~ng, or repairing elevators, dumbwaiters, escalators, moving walks, boilers, and pressure vessels. Increasing Inspection Fees (S.B. 1115) ,---- ProvIde"sfor alllnCrease--Tn-thelnspect ion fee charged by the egg inspector. The new fee shall be one and one-half mills per dozen on shell eggs as opposed to the previous one mill rate. Insolvent Insurer - Subrogation (S.B. 1259) ----Provides-that --il member-insurer-of---the-Arizona Insurance Guaranty Association, or any other insurer which pays under its own policy, would have no right of subrogation or recovery against the insured of an insolvent insurer. Installment Sale - Motor Vehicles (S.B. 1089) Clarifies what w-I1T-be -considel~ed a--"moTor vehicle" under the Motor Vehicle Time Sales Disclosure Act. Excludes certain vehicles from retail installment sale provisions and includes certain vehicles in time sales disclosure provisions. Insurance Premium Taxes (S.B. 2237) ,-- Provides the D'irector of Insurance will define what a "home office" is and that domestic insurance firms not maintaining a home office shall pay the one percent tax until January 1, 1975. After this date, the firms must pay the two percent tax or establish a home office. Public Utilities (H.B. 2143) Requires that iny person excavating in a public utility easement must first obtain information concerning the location of any underground facilities. Prescribes procedures for notifying owner of facilities damaged by excavation and establishes liability for damages to underground facilities. State Nursing _Board (S.B. 1170) Repeals the provision which stated that an applicant for a nursing license must be at least 18 years old and be a U.S. citizen or have declared for U.S. citizenship. This law allows a person licensed in another state to be issued a temporary permit in Arizona if the State Nursing Board believes that the person fills the Arizona requirements for a nursing license. Also, the law increases the fee for administering the e~amination from $15 to $25 for out of state applicants. Legislation of a Corrective Nature Page 6 Workmen's Compensation (H.B. 2098) . Provides-to'· an employee the-'ability to bring a civil action against an employer for recovery of unpaid wages in an amount triple the unpaid amount plus reasonable attorney's fees. In addition, existing statutes pertaining to women and minors and their coverage under workmen's compensation were revised to make them coincide with other acts passed relating to equal rights. IV. CONSUMER PROTECTION (None in this Section) V. CORRECTIONS (None in this Section) VI. EDUCATION Communi ty cOLLege Districts _. Personal Property iE. B. 2209) Provides that the inch viduaf-commUrlj~ ty coITeges ·-ra ther tha.n the Board of Community Colleges shall be primarily responsible for possession and disposition of personal property. Previously, .the State Board was saddled with this responsibility. Community College System (H.B. 228E» Repeals s'tatute givTng--authority to establish a junior college that is not within the state community college system. Provides that community colleges established beiore the repeal will continue as though the law is still in effect. Payment for School Em~loyees on a 12-Month Basis (H.B. 2107) ----P-rovides - th'af cer-liticated an-dclerIcal-employeeso-:r-school districts be allowed the option of being paid on a 12-month basis rather than a 9-month basis. Pooled School Purchasing (S.B. 1154) EnableS-The Depar'iment-of-AdnlTnistrati on, Division of F.i.nance and Purchasing to prescribe a procedure through which school districts may jointly solicit bids for supplies, materials and eql1ipment other than transportation equipment and contractual services. School Board Members - Elect (H.B. 2213) Under existing law a -board aT-trustees of a school district may reimburse members of the board for travel on school business. Authorizes a school board to reimburse members-elect of the board for such travel. State School for the Deaf and Blind (S.B. 1099) Changes- requiremen-fs- relating to the minimum entrance age for enrollment in the State School for the Deaf and the Blind. Any person of "suitable capacity" up to the age of six can now be enrolled without charge. Previous law required the child to be at least four years old. Legislation of a Corrective Nature Page 7 VII. ELECTIONS AND VOTING (None in this Section) VIII. ENVIRONMENTAL Amending Department of Health Appropriation (H.B. 2093) Provides that $1,500,000 approprlatedtoIj}-e Health Department in 1972 need not be matched by federal funds in order to construct water pollution control facilities under the grant program provided in the Federal Water Pollution Control Act. Appropriation - Atomic Energy Commission (H.B. 2183) -------j\,Iakes--a--supp lemeii'i-a-l app-i:oprlatToil--tO'-the-ATomic Energy Cmmnis-sion of $50,000 for investigation of a proposed nuclear desalting plant. Extends the lapsing date from June 30, 1973 to June 30, 1975 for an appropriation made in 1972 for the location of a desalting plant site. Fiduciaries - Geothermal Releases (S.B. 1106) -----Al lows--Tnde-finiteI-easlng-- of e-state---property for the harnessing of geothermal resources in excess of the ten year limit previousl~ restricting such leases. Oil and Gas Conservation Commission (H.B. 2131) '-------Provides - Jor - cl}ange~s- i'i1-notTce---requii:-emen'cs relating to the transfer of ownership of an oil or gas well. Authorizes Oil and Gas Comnission to charge for reproducing and publishing maps, rules and regulations and records, and authorizes Commission tb charge more than a $50 hearing fee for persons requesting a hearing if the costs can be justified. Reallocation - State Land Department (H.B. 2085) ,----- Re t urns-un us ed poi:: t i O'nO'£-$ 9 6-:000--£ rom -1isoj~ 1 cons erva t ion district election expenses" to the State Land Department for purposes of providing general assistance to the districts. State Land Department (H.B. 2193) , Revises the S'taTe-LandDepartment' s fee schedule regarding applicatiolls for .leases and uses of state lands. IX. HEALTH Appropriation ~ Crippled Children's Services (H.B. 2316) Provides an emergency supplemental appropriation of $382,062 to the State Board of Crippled Children's Services. Of this appropriation, $55,000 is for physician fees and private hospital costs; $15,000 is for other operating "expenditures; and $312,062 will be used for personal services and related expenses. Med19al Assistance for Aged (S. B. 10_!..§J Enables persons 65 years of age or older to receive increased state medi.cal assistance up to a maximum of the "unpaid deductible" of the costs as determined by the Social Security Administration. Legislation of a Corrective Nature Page 8 Radiotherapy Center Establishment Time Extended (H.B. 2293) Provides that a $2,260,000 approprIation to-t:-he Boardof Regents for es~ablishment of a radiotherapy center at the University of Arizona shall not lapse until January 1, 1976, if not utilized. The previous deadline was January 1, 1974. X. JUDICIAL Civil Action Fees (S.B. 1071) ---Increases-th-ree of the t"ifteen fees chargeable in civil actions served by the sheriff or constable and establishes a minimum charge for mileage traveled by constables when serving the civil acti_ons. County Government - Justice of the Peace (S.D. 1032) -----Incr-eases- thefees co}lected-hy--the Justices of the Peace for servjc~s required in civil action suits. A $10 fee ~j11 be assessed on suits involving more than $500, and for those actions involving less than $500, a $5 fee will be charged. This measure also authorizes a $5 charge for other servi_ces rendered. Court Administration (S.B. 1073) -----Authorlzes sta-fe--a"gencles or boards and poli tieal subdivisions of the state to utilize the services of the American Arbitration Association through contraetural agreement at the time of entering into a contract or by written agreement prior to any eivi1 action between the parties involved. Judges' Retirement Fund (S.B. 1155) ----Prescribe-s-Uieamountof-fees--to be credited to the state judges' retirement fund by clerks of the superior courts, appeals courts and supreme court. Limited Partnership - Formation Requirements (H.B. 2012) --"-RequIres prospe-ctive partners- in" a limi te"-Cl partnership to "acknowledge" rather than "swear to" a certii"Jcate forming a partnership. "Acknowledge" means a person declares it is hJs free act, where "swear to" means to become bound by a duly administered oath. State Department of Health (S.B. 1316) -----P-rovides that if adoptive paren-t--s so reque:;:;t, the name of the facility or street address of a home where the birth of the adopted child took place may be omitted from the birth certificate. State Department of Health (S.B. 1?151 Authorizes the courts to accept consent to adopt forms which have been notarized in the presence of the person granting such consent. Presently, adopt forms are only acceptable if Signed in the presence of at least two credible witnesses. XI. LOCAL GOVERNMENT Legislation of a Corrective Nature Page 9 Change from Town to City (S.B. 1195) Allows ci ties and towns to chitnge their governing arrangements to staggered terms and also allows towns to change to cities by a majority of voters voting at the election for such purpose, rather than a majority of the registered voters. Cities - Incorporation Election-Services (S.B. 1194) Allows t"lle'Bo8"rd of Supervisors to call an election for incor-· poration any time within 120 days after such petition has been filed. Present law prescribes an election for incorporation to take place on the fourth Tuesday after the ~ext following state general election. Also, county rules, regulations and codes would apply within the newly incorporated city or town until the end of the fiscal year, if necessary. County services such as police protection would a.lso be continued until July 1 or until the new city or town could provide such services . .Q.~un !x. __ Bu~ldi_ng_g.2des _-:-_~=~~~_ (H. ~ 20Q~_)_ Authorizes county board of supervisors to charge fees for issuing building permits and making building inspections, and requires that inspections be made at the earliest reasonable time. Local Government - Public Emp]oyees, Tax Deferred Annuity (H.B. 2269) ---1~ u t 110 r i z'e s"'-citTe s ~.-.- C o'llil-:Cre-:-s--;--i1nd-' t h el)1:1bTlc-SaTe t Y--11et i r en1'e il t---'-- System to allow employees to participate in expanded deferred compensation and annuity programs under federal law. Pima County Boundaries (S.B. 1329) ---Correctsthe-Pima-CountYboundary. It 1.8 due south to the southern boundary line of Arizona rather than due south to where the eastern line of range eighteen east intersects the southern boundary of Arizona. XII. PUBLIC SAFETY Appropriation to the National Guard (H.B. 2309) ----MakeS-a.· sup-pTernental appropr ia tion of $42,'250 to the Na tiona1 Guard for payment of utility services and for paving a parking area. Department of Public Safety - Appropriation (H.B. 2039) ----Appropriates $470,600 to the Depa'rtment 'ofPublic -Safety for payment of increased employer contributions to the public safety personnel retirement fund. Funeral Processions - Escort Vehicles (S.B. 1226) Requires pedest'rians and--operatorsof non·_·emergency vehicles to yield right-of-way to funeral processions and outlines registration requirements for escort vehicles. Legislation of a Corrective Nature Page 10 Implied Consent - License (S.B. 1267) --Changes the -pr-ocedlll'e-Yor suspending the drivers li,cense of an individual who refuses to submit tO,the chemical test for intoxication. Provides that suspension shall become effective 15 days after written notice by personal service or certified mail. Also, allows the individual to request in writing, a hearing if received within 15 days after notification of suspension by the Department. The individual may also have the order to suspend his license rescinded by the Department if the Department receives satisfactory proof that a plea of guilty has been entered, and not appealed. Investigation of County Attorney's Office (S.B. 1034) --- Authorizes the- A t-toi::-ney -General to-inves"frgate-before grand juries matters involving county attorneys and use sessions which are closed to the county attorney or anyone on his staff. ~a wEn .!o r c e!lle ~U_g_: B_:.~_!''§JJ Authorizes the issuance of regular llcense plates to authorized governmental agencies if the agency conducts investigations of a confidential nature. Mobile Homes -- Highway Movement (H. B. 2064) ---Pro-v:rcies that-perm-its--:-Eo-nl0ve-on-a:-I1ighway excess size and weight vehicles may be issued if vehicle does not exceed 14 feet in width, 13 feet 6 inchps in height, and 70 feet in length. Din . , Ed [J I' ik& Jt I lImp 01149. Protection of Governor - Responsibility (S.B. 1105) '----Tl:ansfersreSIJOnsTb:Clity-for--pro-viding trai1sporta,tion, securi ty, and protection for the Governor and security alld protection for the Governor's family from the Superintendent of the Highway Patrol to the Dir~ctor of the Department of Safety. Repealing employment limitation (S.B. 1196) ----Prav ides --fha t -ill-en1b e l' s --0 Y-the-St a t"eHTg hw ay P atro 1 Re t i remen t System are eligible for employment with the state or any of its political subdivisions while still receivjng benefits from the Retirement System. Return of Stolen Property (S.B. 1224) Provides that upon satisfactory-proof of ownership, the magistrate shall order stolen property delivered to the owner of such property at no charge or fee. State Department of Public Safety (H.B. 2200) , Provides that the employees oithe Division of Emergency I,1edical Services be subject to the Law Enlorcement Merit System Council's employment classification and Fay scales. These employees are presently subject to State Personnel Commission classification and pay scales. XIII. RECREATION Holidays ,Memorial Day (H. B. 2_246) Reestablishes the last Monday in Mayas Memorial Day. XIV. State Holidays (S.B. 1029) Legislation of a Corrective Nature Page 11 - Estab 1ishes May 30, rather than the las t Monday in May, as Memori~l Day. Prescribes November 11, rather than the fourth Monday in October as Veterans Day. State Parks Board Lapsing Appropriations (H.B. 2086) -- Pl~ovldest-hat-total appropriat{ons-of$235, 000 to the State Parks Board for the purchase of lands in Graham and Ma:rtcopa Counties for state parks shall not lapse unless they remain until June 30, 1975, without utilization. Existing law provided for a lapsing date of June 30, 1973. Theatrical License Tax - Determination (S.B. 1260) -----Repears-sect i on42-"" 1131-;- A"iTzolla-lrevIsed Sta sttes, which requires the payment of a license tax for theatres and other related establishments where concerts, exhibitions, or shows are held. TRANSPORTATION Aeronautics Tax Distribution (S.B. l102} ----pro"victes tha-:C-alTi:ax--funds collected from licensing of aircra ft in Ari~ona will go to the State Aviation Fund for construction, development and improvement of airports. Prevjously, 25% of this money had gone to the State General Fund. Appropriation - Department of Aeronautics (H.B. 2204) ----I1Ta:ke"s--a:-stipp fe-men t aJ:---o:pp-roprJ.-a-:-Clon of $5~T7-0"to"the Arizona Department of Aeronautics in order to provide for a law enforcement officer at preboard screening of ajrline passengers at Grand Canyon Airport. Arizona Highway Department (S.B. 1182) -----Al"it"ho"riz-es- the-H'IghwayC"ommission to use computer devices for information contained in any original records now maintained on photographic film. S.B. 1182 also revised the statutory definition of "engine or serial number" of a vehicle to mean the number 2_ssigned by and stamped on the chassis of the vehicle by the manufacturer. This conforms with the manufacturers' practice of no longer assigning or stamping serial numbers on the vehicle engine. Arizona Highway Department (H.B. 2133) ---Authorizes the Superintendent o"fthe Motor Vebicle Division to prescribe the hours and days, other than those required by law, when the offices of the Department may be open for the transaction of business. Division of Motor Vehicles (S.B. 1140) Provides that any apIJ"frca tron for a license, permit, title or registration made to the Division along with any document required by law or by the Division to accompany such application shall be a public record. When the Vehicle Division or Department is required or authorized to revoke, suspend, or cancel any driver's license or to suspend any vehicle registration, it shall notify the holder in writing. Certified copies of public records designated in this
Object Description
TITLE | Legislative Summary - Arizona State Senate |
CREATOR | Arizona Legislature - Senate |
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TITLE | Summary of legislative action - Arizona State Senate 31st Legislature 1st Session 1973 |
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DATE ORIGINAL | 1973-05-17 |
Time Period |
1970s (1970-1979) |
ORIGINAL FORMAT | Paper |
Source Identifier | LG 2.3:S 85 |
Location | o953701131 |
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Full Text | \ViL.L.I~~;v! C, ,.JACQUIN May 17, 1973 To: All Senators From: William C. ~Jacquin Re: SLU'ftlnar.ies ···of LegislaLioTl Enact.ed and Revenues Appropr.-iated - First Regular Session Thirty-first Le~islatvre with the assistance of Senate aides and professional staff, my office has prepared the attached material relating to l~gislation enacted and appropriations decisions made during this sessj.on~ For yo6r information I have enclosed the following: 1) A stat.istical summary of action on Senate and Hous.e bills i 2) A summary in bot.h graphic and tabular form of t.he appropriations made to state government agencies including "pie" charts depict~:i.ng total appropr.iations and educational appropriations of the state; 3) A comprehensive summary of all legislat.ion passed during t:h(~ First Regular Session. Please note that this legislation has been divided into t.hree sect ions: legislation on .-.k~.Y. __ public issues, legislation on other issues, and legislation of a corrective nature. Fur~her, within these three sections the smrrn:larTes-of the legislation have been arranged int.o fourteen functional categories to hop~fully provide easy reference. These fourteen categories are: 1) Administration and Revenue, 2) Agriculture; 3) Conunerce and Labor~ 4) Consumer Pro'-tection, 5) Corrections, 6) Education, 7) Elections and Voting, 8) Environmental, 9) Health, 10) Judicial, 11) Local Government, 12) Public Safety, 13) Recreation, 14) Transportation. I hope the material contained herein is useful to you. HCJ/lk Encl SUMMARY OF ACTION ON SENATE AND HOUSE BILLS I. SENATE BILLS A. Senate Bills in the- S-en-at-e l. Introduced in the Senate -3-34- 2. Held in Standing Committees ~ 3. Held in Rules Committee 21 4. Failed in Committee of the Whole 6 5. Failed i.n Third Reading 0 6. Passed the Senate 138 TOTAL 334 B. Senate Bills -. action in the House 1. Introduced in the House 138 2. Held in Standing Committees 38 3. Held in Rules Committee 7 4. Failed in Committee of the Whole 2 5. Failed in Third Reading 2 6. Passed the House 89 TOTAL 138 C. Senate Bills -, Conference Committee action 1. Assigned 28 2. Not Assigned (1) 3. Held 6 4. Reported Out and Passed 22 5. *Reported Out and Failed --0- TOTAL 28 *Either the Conference Committee Report was not adopted or the bill failed on final passage. Percentage 50.6% 6.3% 1. 8% 41.3% 100.%. 27.5% 5.1% 1.45% 1.45% 64.5% 100% 21.4% 78.6% 100% -2- II. HOUSE BILLS A. House Bills in the House 1. Introduced in the House 2. Held in Standing Committees 3. Held in Rules Committee 4. Failed in Committee of the Whole 5. Failed in Third Reading 6. Substituted Senate Bills 7. Passed the House TOTAL B. House Bills - action in the Senate 1. Introduced in the Senate 2. Held in Standing Committees 3. Held in Rules Committee 4. Failed in Committee of the Whole 5. Failed in Third Reading 6. Passed the Senate TOTAL 162 .. 13 5 o 2 137 21 8 3 o 105 C. House Bills _. Conference Committee action 1. Assigned 2. Not Assigned (2) 3. Held 4. Reported Out and Passed 5. *Reported Out and Failed III. ACTION BY THE GOVERNOR A. House Bills: Signed Vetoed B. Senate Bills: Signed Vetoed TOTAL TOTAL 1 18 o 102 o 82 o 319 319 137 137 19 19 184 *Either the Conference Committee Report was not adopted or the bill ~ailed on final passage .. 50.8% 4.1% 1.6% .6% 42.9% 15.4% 5.8% 2.2% 76.6% 5.3% 94.7% 100%' 100% 100% Thirty-first Legislature First Regular Session LEGISLATION ON KEY PUBLIC ISSUES T, ADIvlINISTRATION & REVENUE COLLECTION ~even ue p.epartmen t - (S . B . 10 19L Establi.shes a Department: of Revenue; txansfers all functions of Department of Property Va] uation and Estat.e Tax Commissi.oner, along wit.h selected funct.ions of' State Tax Conunission to the Department of Revenue. Department will be headed by a Direct.or who will appoint a Deputy Director and three Assistant Directors. There will be three divisions headed by the Assistant Directors: Administrative; Income, Transaction, Luxury, Estate Tax; Property Tax. Expands present Property Tax Appeals Board from three to nine me,mbers and renames it the Stat~e Board of Tax Appeals wit.h the members collectively having expertise in all matters of t,axa ti.on . . Appropriates $500, 000 to t:he Department of Finance for purchase of real property in Tucson f6r necessary expansion of state buildings and services. Appropriates $507,036,875 for the maintenance and operation of those State agencies supported by General Fund money. II. AGRICULTURE (None in this Section) III. COMMEHCE & LABOR Bingo Small Game License (H.B.~421 Allows an individual to apply t.o the State 'fax COlmnission for a license to operate bingo small games (gross weekly receipts of less than $300.00). The application fee is $5.00 payable to the local governing body and an annual report of receipts and expenses must be submitted to the State Tax Commission in addi tiOD to 2.5% of the net pI:oceeds. No person or organization who holds a liquor license may be issued a small bingo game license. Parcel Carriers (H.B. 2168) Legislation o~ Key Public Issues Page 2 Exempts common carriers by chartered aircraft in an unscheduled service from this regulatory stipulation and places them in the same cat.egory as ambulances, funeral coaches, and common carriers of farm products. Also, scheduled common carriers by aircraft shall not. be issued a certificate of public convenience and necessity in a route or territory served by another certified carrier unless the existing carrier will not provide services deemed satisfactory by the commission. Real Property Securities (H.B. 2275) Classifies land sale installment contracts secured by unimproved real property as real property securi.ties and would require registration of such securities with the corporation commission. A copy of t.he registrat.ion containing current appraised value of the land must be given to the buyer. Excluded, however, are pro~otional notes executed three years before sale, made in connection with the usual ~osts of lot development or secured by guarantee of t.he U. S. Government. Workmen's Compensation - Agricu}.tural Workers (S.B. 1012) Provides for agricultural workers to receive workmen's compensation benefits and calls for all employers to comply excep t those who employ only domest.ic servant.s. Extended the coverage of workmen's compensation to certain members of working part.nerships; Arizona National Guard; Arizona State Guard, or unorganized militia while act.ivel'y serving t.he state or unde.r competent mili 'lary orders. IV. CONSUMER PRO'llECTION Mechanic's Liens (S. B. 10191. Changes the law as to who has li.en rights for material and labor on a dwelling of an owner-occupant. The present lien law provides that every cont.ractor, subcontractor, archit.ect, builder or other person having charge of the project is the agent. of the owner and the owner is liable for the reasonable value of labor or materials furnished to his agent. The law now allows lien rights only to persons having executed in writing a contract directly with the owner-occupant. The bill also makes it a misdemeanor for the contractor knowingly to provide the owner with false information or to deliberately fail to pay for materials or services for a job for which he received prepayment. Legislation on Key Public Issues Page 3 Motor Vehicle Odometer~~.B.~l~~ Provides that persons involved in motor vehicle odometer fraudulent practices would be guilty of a misdemeanor. Fraudulent practi~es include: selling or installing a device that would cause. an odometer to register other than true mileage; operating a vehicle with a disconnected or non-functional odometer; reducing odometer mileage; or selling a vehicle with incorrect odometer mileage shown. Safety Glazing Materials (H.B. 2161) . Requires use of test cert-ified safety glazing materials for glass doors and other hazardous locations in residential and public buildings. Provides misdemeanor penalty after July 1, 1973 for installation of any other than safety glazing material in "hazardous locations." Sale of Subdivided Land (H.B. 2061) PFohibi ts the ·sale of s·ubdi vided land without provision for The law also requires public disclosure if the Arizona Water Commission finds inadequate on-site supply of water to meet the builder's projected needs. The law also prohibits designated brokers from holding any licenseS a~ a broker other th~n license to act in beh~lf of a corporaticin which he has designated. Subdivision Water Supply - Evaluation (H.B. 2100) Requires subdivider"s to - subm·i t -plans for sub·di vision water supply to the Arizona Water Commission and prove the adequacy of the supply for projected needs. Requires Commission to evaluate plan for supply and issue a report to the Rea.l Estate Commissi.oner. If the Water Commission's evaluation shows an inadequate water supply, the Real Estate Commissioner shall have all promotional material and contracts for the subdivision show the Water Commission's findings. UnifoF~_Landlord , Tenant Act (S_:...~_"!Q961 Outlines the rights and responsibilities of tenants and landlord in a rental or lease relationship of a dwelling unit. Establishes a limit upon the amount of security deposit required and specifies the procedures for seeking remedies through court action by both landlord and tenant for non-compliance with rental agreement provisions. V. CORRECTIONS Appropriation - Employment Security Commission (S.B. 1076) Makes an appropriation of $60,000 to the Employment Security Commission to be immediately available for the purpose of continuing the Arizona model ex-offenders program through June 30, 1973. Criminal Justice System - Family Counseling Programs (H.B. 2079) Provides a one-year appropriation of $250,000 in state match-ing funds to authorize and encourage counties to experiment with family counseling programs. The family counseling programs will be offered as an adjunct service to the present Juvenile Court Delinquency Prevention Program. The bill also requires those counties which establiRh a family counseling program to submit a report back to the Legisl&ture in January 1977 detailing the effectiveness of the progr~m. Legislation on Key Public IS3ues Page 4 Parolee Supervision - Out of State. Hearings (S.B. 1006) P"rov"ides that a person from another sta-te bei"ng supervised under parole or probation in Arizona may be considered for reincarceration by the appropriate judicial bodv when a parole or probation violation occurs. Provides for a hearing to sUbstantiate alleged violations and notification of the persons "homett state as to the outcome of the hearing. Also provides that Arizona parolees and probationees be given similar treatment in other states where they are being supervised. . VI. EDUCATION Appropriations - Capital outlay universities (H.B. 2037) . Appropriat~s $6,700,000 to- the Uriiversity of Arizona for capital improvements including a new university library and a multi-mirror telescope. Appropriates $6,700,000 to Arizona State University for completion of the physical sciences building. Appropriates $2,600,000 to Northern Arizona University for improvements in roads and the athletic facility, construction. of a psychology laboratory and construction of a psychology facility. Federal Health Science funds will be available for matching of state dollars. Bilingual Instruction - Community College System (H.B. 2208) --- Establishes biliilgllal-classesfor childi"en iil-gradesl-- 8 who have difficulty writing, speaking and understanding English and who come from backgrounds where other languages are primarily or exclusively used. Also, provides that children in grades 1 - 4 will receive bilingual programs before those in grades 5 - 8. An appropriation of $200,000 is made to the Department of Education for administration relating to bilingual instruction. Establishes procedures which allow existing community college districts to include themselves in the state community college system. Capital Outlay (H.B. 2315) ----Appropriates$ll-:g million to the different departments and agencies of the state government, excluding the universities, for the purchase of land and the construction and improvement of buildings. Property Tax Relief for 1973 (H.B. 2311) Establishes the first part of a' multiphased program to deemphasize the property tax as the primary source of educational funding. Makes possible continued work in refinancing public school education by utilizing federal revenue sharing funds to ~, provide up to $42 million property tax relief to the homeowners. Provides that no incorporated city or town may increase its property taxes by more than ten percent of the prior year's levy and limits counties to 10% increase plus some additional allowance for education related expenditures. In addition, provides a property tax credit against the 1974 income taxes of low-income elderly who own or rent their home. Legislation on Key Public ~ssues Page 5 Special Education - Required (H.B. 2256) . Requires all sch60l districts to have a plan for education of non-emotionally handicapped children by July 1, 1975 and requires implementation of instruction by September 1, 1976. The law'also creates a special education advisory committee to consult with the State Board of Education concerning implementation of special education in districts. Vouchers issued by the Division of Special Education from the Department of Education may be used by a child to pay tuition in other classes approved by the Department of Education if there is not a special class in his district. The vouchers are valid until September 1976 or whenever a special education program is established in the child's district. The bill appropriates $435,000 to the Special Education Division of the Department of Education for establishing the voucher system. VII. ELECTIONS AND VOTING Appropriation; Secretary of State (H.B. 2317) -. -·-·-Makes a$500, OO'O-'emergency-appropriation' to reimburse the Secretary of State, the County Recorders and the Boards of Supervisors for the costs incurred while preparing for and conducting the special recall election of the Governor. Elections - School Trustees; General (H.B. 2055) --, -'-~eVise-st~~t."pr('~!t1dure~ for :r.~K~,f:)trati ori'--an-~ vo~ing in g~neral' elect]_onst0lT"'R~JLLaeiJcy /requl~~.I"Il~Ilts and ~c;X~o~}_ ~lstrlct electl.on procedure!!; were revised iTO provide~ -for tilt! Ii tty-day residency period prior to voting. (Requi:Fements for deputy registrars were made more specifi~, as were the required questions asked when registering to vote. Instructions for voters, to be publically posted, are prescribed, and ballot forms to be used in the election are also described. A new "questioned ballot" procedure aJlows a person to vote whose name doesn't appear on the precinct register. Challenge procedures and qualifications for write-in candidates are revised. ll> Initiative Referendum and Recall (II. B. 2020) ---Revises procedures for circulation and verification of peti tions for initiative, referendum and recall, and adds new provisions to the statutes governing the receipt and verification of petitions by the Secretary of State. Establishes a one hundred and twenty day limit upon circulation and submittal for verification of recall petitions to the Secretary of State. Establishes penalties for circulators who knowingly allow an unqualified person to sign a petition and penalties for signers who knowingly sign when not qualified. Labor Election Contribution (H.B. 2122) Makes it unlawful for a laboi orginization to make any contribution or expenditure of money or anything of value for the purpose of influencing an election. VIII. ENVIRONMENTAL Legisl.ation on Key Public Issues Page 6 Annual Vehicle Inspection (S.B. 1056) Provides for a report by the Hig:hway DepaTtment to the Legis·lature not later than January 15, 1974, containing arguments for and against the establishment of an annual vehicle inspection program regarding standards for: vehicle safety, emission control, and financial responsibility. This inspection would be applicable to all vehicles prior to registration and would occur annually. The report will include recormnendations as to the adaptability of federal vehicle standards into Arizona law, and estimates of cost of implementation of this program. Arizona Water Commission (S.B. 1104) Appropriates $2,450,-000 for s"elected flood control projects throughout the state. Authorizes the Arizona Water Commissjon to participate financially with the federal government-over the next 15 years in flood control projects in which flood plain regulations have been established by a local government agency. Land Use Planning (S.a. 1014) . ·----"Establlshes-a:" statewide comprehensive and coordinated land use program in the office of the Governor. Appropriates $150,000 to a new Office of Environmental Planning, to be he~ded by a director who will advise the Governor on planning and assist a l5-member environmental planning commission (appointed by the Governor) in development of recommendations for a state land use plan. This legislation expires June 30, 1975. Land Use Policy Guidelines - Study (S.B. 1331) ------Requlres the-State Land-Department-to make a land use policy study of the Arizona Lower Colorado River Resource Are~ to determine desirable lands to trade or receive from those presently held by the federal government. The report is to be submitted with recommendations to the President of the Senate and the Speaker of the House of Representatives by April 15, 1974. An appropriation of $100,000 is provided for this purpose. Urban Environment Management (S.B. 1026) Authorizes incorporated cities and towns to plan, zone and issue subdivision regulations. Presently, only charter cities have such powers under their respective charters, although state law does provide for limited zoning powers. The bill allows for the adoption of zoning ordinances and allows cities and towns extraterritorial jurisdiction if counties do not have zoning, planning or subdivision regulations. The new law is permissive to become effective January 1, 1974 and it will not affect previously adopted plans and ordinances. Water; Floodplain Management (H.B. 2010) Directs the Arizona Water Commission to develop and adopt criteria for establishing fifty and one hundred-year floodplains. Directs the local units of government to establish regulations for use of lands within designated floodplains after public hearings are held. Establishes the time period over which these items must be accomplished. Provides penalty provisions for violations of the regulations. IX. HEALTH Legislation on Key Public Issues Page 7 Abortion Refusal to Act (S.B. 1333) Provides thatno hospital" is-required to perform an abortion. Physicians or hospital employees may not be discharged for refusing on moral or religious grounds to assist in an abortion if advance written notice is given. Department of Health Services - Establishment (H.B. 2004) Consolid'ates the Sta.te Department arHeal tIl: SfateBoard o.f Health, Arizona Health Planning Authority, Crippled Childrens Services, Arizona State Hospital, Arizona Pioneers' Home, State Hospital for Disabled Miners, and the Anatomy Board into a State Department of Health Services. The Department of Health Services is primarily responsible for 1) public health protection, 2) community health servi.ces, such as, mental health, alcohol and drug abuse prevention, maternal and child health and family planning; 3) state health program integration; 4) health services cost reduction; 5) information dissemination to governmental agencies and the public; 6) rep0rt preparation; and 7) recommendations for new legislation. Pr'ovicles for a director who is responsible for the formulation of ruJ.es and regulations and review of administrative decisions; and may appoint deputy and assistant directors within the Department. Establishes an Advisory Health Council to confer with the Department about the implementation of Health Services and related areas. The new Department of Health Services will also be responsible for and make contracts with the state licensing agencies of the Dental Board, Board of Medical Examiners, Board of Nursing, Board of Optometry, Board of Osteopaths, Board of Podiatrists, and Board of Pharmacy. Makes an appropriation of $100,000 for initial administrative costs and implementation must begin not later than March 1, 1974 with the Department in full operation by July 1, 1974. Sets up a legislative committee to work with the Department of Economic Security and to submit to the Legislature in 1974 recommendations for incorporating the Department of Mental Retardation into the Department of Economic Security. Health Care Institutions - Financial Records (H.B. 2008) ---ProvideS-for the-ArizonaHealth PlanningAuthorlty-to prescribe uniform accounting practices for Health Care institutions. Empowers the Authority to audit annual reports from any health institution. Legislation on Key Public Issues Page 8 Insurance - Health Maintenance Organizations (H.B. 2043) Authorizes hospitar-and medicalservlce"-corporations to operate as health maintenance organizations (HMO's) and would make such organizations subject to financial regulation by the State Department of Insurance. In addition, this measure would define an HMO as any organization providing comprehensive health maintenance services to enrolled individuals on a per capita prepayment basis; prescribe the minimum health care service elements to be included in comprehensive health care services; add new reserve requirements and raise the total deposit requirements from $25,000 to $50,000 for hospital and medical service corporations, including non-government financed HMO's (certain government financed HMO's would be exempt from deposit requirements); and place the construction and modification of HMO facilities under the same certification of public need requirements as other health care facilities. Solicitation guidelines are also outlined. Smoking in Public Areas (S.B. 1313) PrahiSl tssmc)king In-a~ny-elev"ator, indoor theater, library, art museum, concert hall, or bus which is open to the public. However, smoking is not prohibited at these sites if confined to specific areas designated for smoking only. Violation of this chapter is a misdemeanor. State Department of Mental Retardation (H.~. 2134) ----ProvicI"esfor -the-transfer-o"Y-the - preselrt-property and hospital facility of the Crippled Childrens Services in Phoenix to the State Department of Mental Retardation for the establishment of an additional mental retardation center to be used for nonambulatory retardates. Transfer of Sanatorium (H.B. 2089) --- Provides for conversion of State Tuberculosis Sanatorium in Tempe to a Crippled Children's Hospital and transfers the former Sanatorium site for use by the Board of Crippled Childrens Services by July 1, 1973. Establishes a tuberculosis care fund and empowers the Heal.th Department Commissioner to use funds to contract care for any tuberculous person whose medical insurance proves insufficient. Designates State Health Department as official agency to handle funds for treatment, prevention and control of tuberculosis. Appropriates $22,917 to the Health Department for administration of act and removal and transfer of patients, equipment, etc. from Sanatorium site. Appropriates $6,000 to the Board of Crippled Childrens Services for transfer of patients, etc. to former Sanatorium site. Reallocates $275,000 to Board of Crippled Childrens Services for conversion of Sanatorium to Crippled Childrens Hospital. X. JUDICIAL Court of Appeals Departments (S.B. 1156) Increases the number of judges in Division 1 of the Arizona Court of Appeals from six to nine. Authorizes the Chief Judge to designate one of the Departments to review, on petition, decisions of the Industri.al Commission. Legislation on Key Pu~lic Issues Page 9 .Qr~imes __ =_Expu!.!:~ing: of Records (S.B. 1201) Allows for the destruction of-anindividual's juvenile record, after a hearing - if the individual is eighteen or not under the jurisdiction of the Juvenile Court or tiepartment of Correcti6ns. Also, allows a person who is wrongfully arrested to petition the Superior Court to insert in all records a notation that the person has been cleared. Equal _Rights (H.B. 2280) Amends the existing statutes of the state in order that both males a~d f~males will have equal rights, privileges, opportunities, and oblIgatIons under the law. The law provides for the elimination o~ discrimination on the basis of sex in such areas as: public rIghts and responsibilities, employment and employment benefits marriage and marital property rights, divorce and separation, c~ild support and custody, wills and probate and criminal laws. _~l_la_,r_ri_8. ._ 'g-' ·_ e _D_i_s_so_l_u_ti_o_Y~ l __. _. r.h::i:l.r~l~ __ .(::1:_'.1 . :1Q:i-:r'~),r~1"~'iLi7 _~f2.c_) ~~T~_ .:1: .()~vf.l7 ")\ Replaces present divorce and child custody-Jaws and directs the court to grant divorce only if a marriage is irretrievably broken. Community property would be divided equally, regardless of fault; maintenance and/or child support could be paid by either spouse; and child custody would be granted in the best interests of the child. In addition, a separate trial is required to determine custody and visitation rights, if either is a contested issue. Probate Code (II.B. 2002) -----Extonsive-Iy~revises the State of Arizona t s probate code. There are new changes in the general provisions such as: new general notice requirements, and provisions to prevent fraud. The're are significant revisions i.n intestate succession and wills, such as changes in the pattern of inheritance when the decedent has no will and the decedent is survived by a spouse and children, limitations on inheritance by only those descended from grandparents; requirements thft an heir surv~ve the decedent for five days in order to inherit;,and that relatIves related through only one common ancestor are treated as natural children for all inheritance purposes. Other provisions include: the exemption of property for the family ahead of creditors; protection to a limited extent of disinheritance; spouses or dependent children are given personal effects up to $3,560 in value; and oral wills are invalid. The new code provides an allowance to the spouse and dependent children for their support while the estate is being 8_dministered; rltself proved wills lt are automatically admitted to probate without having to prove the formalities of execution after death of a testator; a will or a provision of a will would not be invalidated because the will is signed by a person who benefits from the will; provides for recourse of unintentional ommission of a member of the family in a will; separate lists for friends or relatives may be changed without changing the entire will; provides definite rules relating to handling of changes in the form of securities; adopted children are defined as "children" of the decedent; persons can renounce both property given him by the will and property passing to him as an heir. Probate Code (contiE.!:!:ed.2 Legislation on Key Public Issues Page 10 The new code also provides foy revisions in probation of wills and administration of wills. New changes are informal probate of estates when heirs choose to utilize such methods or when heirs do not so choose, they may use formal probate ~ which includes the jurisdiction of the court and annual accounting for estates of incompetents. There are also significant modifications in foreign personal representatives and ancillary administration such as affording protection to Arizona persons who wish to pay funds or deliver property to foreign personal representatives; the c.ode alEio allows suit in Arizona courts against a foreign personal who has filed here or collected money or property by mail. - The code changes provisions of protect jon of persons under disability and their property by providing that guardians coming into possession or control of funds or other property of persons under disability may be required by the court to post bond. There are new provisions in non-probate transfers such as: each depositor of a joint account is presumed to own the account during his lifetime in proportion to his deposits. There are specia.l protections of iinancial iustitutions; 8:1d there are broad provisions preventing provisions for payment or of property after death from being testamentary. The changes in Trust administration include acceptance of a trust administered in Arizona or moving the principal place of admi.nistration here would constitute acts consentjng to jurisdiction of Arizona courts over the trust; and also the code replaces the present rule that the trustee is personally liable in tort and contract with new rules which makes the estate liable, exempting the trustee from personal liability on contracts or tort. XI LOCAL GOVEH}Jp,fENT (None in this Section) XII. PUBLIC SAFETY Degrees of Murder; Punishment (S.B. 1005) Outlines the crime~ of first degrei-for which there is mandatory death or life imprisonment without possibility of parole until after 25 years have been served. Such crimes include torture, premeditated killing, murder while in the course of robbery, burglary, kidnapping, and sexual molestation of a child under 13 years of age. Any person found guilty of first degree murder shall have a separate sentencing hearing to determine the existence or nonextistence of aggravating and mitigating circumstances before death or a Jife sentence is imposed by the trial judge. XIII. RECREATION (None in this Section) XIV. TRANSPORTATION Legislation on Key Public Issues P:lge 11 Commercial Vehicle Weight (S.B. 1183) Replaces existing-un{aden weight "fee rate schedule for commercial vehicles with a gross weight fee scheduJe to be implemented in two parts over the next two years. Increases selected vehicle registration fees and miscellaneous fees and establishes a trust fund where the funds from additional fees will be deposited to be retained until a new distribution formula is determined for all highway user revenues between the state, cities, and counties. Also, reinstates auto lieu tax proVisions and delays implementation of staggered vehicle registration for one moy.e year. Department of Transportation (S.B. 1143) ---·-Es·tabl ish"es -a-D"e}.:mrtIri"en"t-of-Transportation providing for an integrated and balanced state transportation system. The administration of the new D~partment is the responsibility of a Director appointed by the Governor from a list of qualified candidates submitted by the Transportation Board. The Board will consist of seven members appointed by the Governor, one from each of five transportation districts, and two from the state at large. At least three members of the Board shall have experience in aviation. The Department of Transportation will be organized into the following divisions, each with an assistant director as its head: 1) Motor VehicJ.e Division - vehicle registration, driver licensing, revenue and accounting services, enforcement and investigation. 2) Transportation Planning Division - state planning studies, priori ty programming, local government coordinat.ion, transportation safety. 3) Highway Division - building and maintenance of highways, hi.ghway safety. 4) Administrative Services Division - management, operations analysis, financial services, data processing, project scheduling and control, general services, personnel, recruitment training, safety, classification and salary administration, minority employment, records and benefits administration, public information. 5) Aeronautics Division - registr~tion and licensing of aircraft, enforcement. 6) Public Transit Division - public transi~ planning studies, priority programming and coordination. The exclusive control and jurisdiction over state highways, state routes, state airports and all state owned transportation systems is vested in the Department. The authority, functions, records, furnishings and property, equipment, all unexpended and unencumbered funds and personnel of agencies will be transferred to the Department on July 1, 1974. Thirty-first Legislature First Regular Session Page .1. LEGISLATION ON OTHER ISSUES I. ADMINISTRATION & REVENUE COI,LECT JON Claims for ReJ.ief (H.B. 2313) Provide-s-S254-;O·OO-t.o ind'ividuals w.ith claims against: the State. In most cases, warrants had been issued by the State, but had not been presented for pa:,:{ment. wit.hin the t.ime set by law, and the funds reverted to the General Fund. The largest sum, $141,000, goes to five counties for education assistance to school districts. Department of State (H.B. 2151) ----_.- Cr ea Fes a Departme"I1F·-of - Stat e under the Secretary of St.ate; but this measure does not change the pOHers and out.ies of Lhe Secretary of State. Also repeals the position and authority of the Conunissioner of Deeds. Employment Security (fLB. 2114) _·---·-Makes varToushouse}(eeping language changes relating to the Employment: Securi ty Divj~sio~ of the Department. of Economic Security. Also amends various provisions of the law relative to the Department's authority in relation t.o Che state IS uney:ployment cornper:sa t:i on program. The new provisions expand t:he Dc"partment IS authori ty over employer responsibilities under this program. Gross Income Deductions (S.B. 1103) ---.------. S:Lmpl y d.l v-:[des-tFie-·-~length~y-s(~c-tion in exis t.1 ng lav7 concerning i.neome tax deductions into several more conci.se, understandable sections, including deductions for expenses, interest, taxes, losses, and bad debts. The revisions mctke i t. easi(~r to trace down internal references and index tax material more precisely. House and Senate Winqs - Jurisdiction (H.B. 2310) --- Provides tEat the--responsTbI-:r-:n:.~~ for-allccat.ion of space, operation, and alteration of the House and Senate Wings will be transferred from the.Assistant Director of Public Buildings Maintenance to the President of the Senate and the SpeakE,:'r of the House. Rent for space in either building will. be paid to either the President or the Speaker. Also provides that the Buildings Maintenance Assistant Director is no longer responsible for maintenance of buildings of the Game and Fish Depa~tment. Retirement Benefits (S.B. 1212) ---·J)rovfdes- a"--t.en percentcos-t'-of--living increase for certain retired members of the Arizona State Retirement System. Meniliers eligible include those who elected to transfer their membership from the System to the Plan. Provides a continuing annual appropriation of $410,000 to cover the cost of the increased benefits. State Department of Property Valu~tion (S.B. 1022) ------ p l~ 0V ide s--tha t -c OUi1t~ y ci-s-s ess-or-s -s 11·ZiTli1-C;Elfy , -"on HaL'ch 1 0 f e a eh year, all property owners whose assessed valuation has increased or whose property classification has changed from the preceding year. State Insurance (S.B. 1334) Legislation on Other Issues Page 2 Authorizes t.he GovernO'r to provide insurance coverage for all buildings owned by the State, i.ncluding departments, agencies, boards, or commissions of t.he state, as well as State property in buildings leased in whole or in part to the State. $500,000 was appropriated to establi.sh a permanent revolving fund for the payment. of losses sustained by State agencies that are not covered by insurance. Welfare - I.D. Card (S.B. 1320) -'--A""Ilows'-the -nepartment.·-of-Economic Security to issue upon request an identification card to any person receiving financial assistance from t.he Depart.ment.. This I.D. card wi1l aid in cashing assistance checks. II. AGRICULTURE III. Appropriation .... Z\gricultural Employment Relations Board (H.B. 2088) ---Makesasupplem'en talappropr Ia fTon'-of$Tt:;'o-;cH50avaIT:3:ETe-to- the Agricultural Employment Relat.ions Board for administration regarqing employment: relations in agriculture. Seed Law Amendments (H.B. 2173) -Increases fhe-authority-of the Arizona Commission of Agric"ll_lture and Ho~ticulture with respect to seed sold in this State. Raises the license fee for seed dealers from $5 to $10, and specific label-ing requirements are added to existing labeling regulations. COMMEHCE AND LABOR Barber Training, Examinations, Fees (H.B. 2113) -'-----Reqliires that one menlber--ot'-Hle-"St"ate Board of Barber Examiners ' be a lay person and authorizes the Board to regulate and license barber schools. Revises regulations governing out-of-state apprentices by establishing 1250 hours as the graduation requirement for the barbering course. Increases fees charged by the Board for adminis tra b .. on. Consumer Protection (S.B. 1147) .---- Ex t.ends from t\~o-to thre"e---calendar days the time in which a buyer may cancel a purchase made through home solicitation. Makes void any provision that may be contained in a home solicitation contract that purports to waive the buyer's right to cancel such contract. Division of Building Codes - Appropriation (H.B. 2040) Appropria tes $,fs-;Goo-Fo the DivIsion of-BuTTCfIng -Codes for FY 1972-73 for regulation activities relating to the construction of factory-built: buildings, mobile homes, and recreational vehicles. Division of Building Laws (H.B. 2025) Empowers the State Division of Building Codes t.o 0) promulgate rules and regulations governing the installation of mobile homes; (2) require examinations for persons engaging in utility-line hookups and ground anchoring at mobile home par\:s; (3) inspect and charge Legislation on Other Issues Page 3 for inspect.ions relat.ing t.o t.he manufacturing of mobile homes; and (4) requires local ordinances and rules relating to mobile homes, factory-built. homes, and recreat.ional vehicles t.o conform to state standards. Insurance - Departmental Deadline Dat.es (H.B. 2027) Requires that.~ stock insurers ma~'intain- theIr-surpluses at all. times; and t.hat a domestic insurer doing business in another stat~e pay a premium tax to the stat.e of Arizona as if such business were transacted in this state - insurance premium t.axes on surplus l.ines will be due on March 1 of each year. The Direct.or of Insurance is also given the alternative of placing a company in conservatorship before liquidating it, and creditors are given access to deposit funds after t.he policyholders are sufficiently satisfied. State Banking Department. (H.B. 2024) -----Revls"es ad-ffiinistra·tj.ve provIsIons of St.a te BanJd nq Department. Increases fees for annual inspections of financial institutions and allows penalty for failure to pay fees. Increa.ses applicat.ion fee for establishing some financial institutions. Prescribes qualifica-tions for department superintendent and empowers him t.o enforce laws relating to financial institutions. state Mine Inspector (H.B. 2152) -----Abolishes--t.he-existing offIce of the S t.at.e Mine ))us t Eng ineE'r Itlhich is presently ('1 separate division within the office of the State Mine Inspector, and would transfer the duties of the Mine Dust Engineer to the State Mine Inspector. This measure ~lso repeals the statutory provision limiting the State Mine Inspector to the appointment of six deputy inspectors. Workmen'~ Compensation Act (H.B. 2063) --·---Incorporatesfhe"provTslons·of--the occupational disease disa-bili ty act into the exist.ing Workmen I s Compensa tion Act. Expands the definit.ion of "personal injury" cont.ained in the present Workmen's Compensation Act to include occupational diseases which are defined as possessing characteristics of and peculiar to a particular trade, occupation, process, or employment and not tbe ordinary disease to which the general public is exposed. IV. CONSUMER PROTEC'I'ION (None in this section) V. CORRECTIONS Children - Correct.ions Commitment and Discharqe (S.B. 2096) Requires that.- once the juve.niI·e-COur~t has-obt.ainedJurisdiction of a youthful offender, his commitment shall cont:inue unt.il the youthful offender reaches his 21st birthday or unless discharged in accordance with the law. Criminal Justice System - Stipends for Ex-offenders (S.B. 1311) Makes a first-year ap"propriatfon of $36:-000to the State"Department of Economic Security to develop, in conjunct.ion with the state Department of Corrections, a financial assistance program for employable ex-·offenders. Legislation on Other Issues Page 4 Prisoner's Release - Funds; Trust Funds (H.B. 2159) Aut.horizes the Depar"tment of C"orr-:-ections--to-det.ermine t.he amount of money, not less than $50 nor more than $250, to be given a prisoner paroled or discharged. VI. EDUCATION Appropriation _. Department of Economic Security (H.B. 2135) ----- Makesan--appropriationof-$lO~OOO--·to the-Depart.menToI· Economic Security for the purpose of increasing the amount of the Governor's on-the-job training revolving fund. Drugs, Alcohol, Tobacco Affects Instruction (S.B. l203) Requires' tIla t -Inst.rllcTIon-on ffie-harmfuT-a]!f"ect."s-of and the prevention of abuse of alcohol, tobacco, narcotics, and cannabis be givqn in both elementary and high schools. October Third-Grade Reading Tests - Chapter 98 (S.B. 1206) . D y ~T;:;-~;;--~-';-:-~~-:=-~-:;::-:::-;;-t·T=-1-·'::'--·-=-f-~··--+='-,1" -r- a'- -q--r·-::;-d- e-""p-:-J··_·p l'-;l--'::· Ire a d 1 nq" .L..J....\,.-'y . .l..,......t. ........ ..:::> ,LV.l.. LMllC ClllllUo.-L L.e ....... .1-1 y tJ \"-1,1 .. OU:; a. t._ . ..:> ..•• ' -' achievement level each October. It also requires that a copy of the results from each district. be sent to each district. These results shall not be made public until 10 days after each district has received their report. School Board Association Membership Authorized (H.B. 2292) -----RepeaIs -"fhe ArlzonascIlooT-Bo~·rcr I-is·socTa~EIon -as--a-st.at:utorily recognized entity. Authorizes school boards to spend annually twenty··five one hundred thousandths (.00025) of total operating budgets as dues in an association of school districts. Also, restricts district dues to a minimum of $25 and a maxbnum of $10,000 per year. VII. ELECTIONS AND VOTING (None in this section) VIII. ENVIRONMENTAL State Land Department (H.B. 2074) ----.A:ut.horizes the--S--Fate L·aner De·partment. to permit construction and maintenance of certain flood control and soil protective systems on State-owned lands. It also prescribes conditions and limitations upon compensation benefits provided to owners of land adversely affected by such flood control and soil protective systems. State Water Department (S.B. 1271) --~lar·ges the---duEies and power·s of the State h'ater Engineer with respect to the construction and completion of certain dams, establishes the number of members serving on the Board of Review, and redefines the wo:rd "dam" as used in the law. Legislation on Other Issues Page 5 water Commission- Appropriation (S.B. 1152) A"ppropriates-$163-;500to-t.he-Ariz6~wat.er Commission as the first year's appropriation of a six-year program. The program is to provide planning staff assistance to Federal Government agencies involved in flood control projects affecting the Central Arizona Project. IX. HEALTH Midwives (S.B. 1321) --Legislation -~lOuJd authorize a registered nurse certified by the Arizona State Board of Nur sj ng as a qualif ied nur se··michvif e to a"ttend a woman in childbirth. X. J"UDICIAL Superior Courts - Sessions - Chapter 102 (HeB. 2279) _·---j:)rovldes" tha-F-superlor -C-ouit'sessi'onsmay-be--held at" places other than the county· seat. It also provides for a civil action for collection of non-sufficient funds checks . . XI . LOCAL GOVERi.\JMENT Appropriations - County Fair Fund (S.B. 1085) ---- Au·tTlorTzes--cer"t2i"in -C;-ount"y--Boarcfs-C;fSupe-rvisors to appropriate more money for county fairs. Counties with 200,000 or more population will be allowed up to $100,000. Those with 25,000 or more population up to $25,000. Those with less than 25,000 population up to $15,000. Previously all Boards were allowed to appropriate only up to $15,000. Firemen's Retirement - Additional Benefits - Chapter 120 (S.B. 1294) --" AuthorI.zeslull="tIn~paidrnunIcipar-flr·emen-;-retir:ecCpriorto--" July 1, 1968, or their dependents, to petition their last municipal employer for a hardship pension adjustment. The law specifies what the petition shall contain and on what basis the employer shall award the hardship increase. Interest Allocation - Monies Held (S.B. 1302) Provides -forthe apportionment;-on"a -pro rata basis, of int:erest~ achieved on monies held in public deposit among the individual tax funds for which the money was originally collected. Regulation of Light Authority (S.B. 1100) ---p,:uthorizes ci"tles, tmvns-;" and -counties t.o adopt and enforce standards for shielding of light sources near astronomical or meteorological laboratories. XII. PUBLIC SAFETY Legislation on Other Issues Page 6 Animals - CruelJcy and Abandonment (S.B. 1317) -- Makes it.-a mfsd.err:eanor·-offense to· abandon any animal. This includes animals left at a boarding facility or veterinarian's office if the animal is not reclaimed within 30 days after the date of written notice, either by registered or certified mail. Public Safety (S.B. 1131) ---Al1thorizes public airport.s to appoint. airport. policemen t.o assist existing law enforcement agencies. These airport policemen will be fully empowered peace officers of the State if they meet the minimum-training standards of the Law Enforcement Officer Advisory Council. XIII. RECREATION (None in this section) XIV e TR.Al.'JSPORT]~TIOt\J Airstrip Length Restrictions (H.B. 2191) --Prohil:iTE-s-fhe goveining bodIes of cities, towns, and counties from restricting or limiting the length or width of airstrips or runways for the landing and takeoff cf a.iJ:craft. Motor Vehicle Division (S.B. 1141) -·---RequiJ:es·achaut"feur's lic-eDse for t.he operat.:.ion of a tow truck used for moving or transporting wrecked, disabled, or abandoned vehicles. Also requires that tow trucks operating on the highways be in good working order. Thirty-first Legislature First Regular Session Page 1 LEGISLATION OF A COHRECTIVE NATURE 1. ADHINISTRATION & REVENUE COLLECTION Abatement - Certain Unpaid Income Tax (S.B. 1059) -- Authorizes the-Tax Commi ssion-- to abate an individual income tax debt if the Tax Commission determines collection costs would exceed the amount due. Gives corporations and individuals greater flexibility in making installment payments for income tax. Appropriation - Auditor General (H.B. 2206) Makes 3~-supplementalappropriatlon-of-$9, 597 to the Auditor General to be available for office rental charges during the fiscal year ending June 30, 1973. Appropriation - Corporation Commission (H.B. 2146) ----Make-s-suppTemental appr-oprlatloli-of $9,305 to the Tax and Tariff Division of the Corporation Commission for personal services and travel expenses incurred by board members, operating expenses, and capital outlay. Appropriation - Department of Finance (II.B. 2180) ---- lial~-es-an- appropriation-()f-$200~(YOto theDept. of Ftllance for installation of two elevators in the House and Senate wings of the Ca.pi tol . Approprtation - Department of Finance (H.B. 2207) --------KfiIZes-a:-s upp 1 erne n t a faPI)l'oPl' t a:tToli-o f $25;'000 tot he D ep ar tm e n t of Finance for th(~ division of accounts and controls to employ additional staff. Appropriktion - Department of Public Butldings Maintenance (H.B. 2288) ---Makes as-uppIemen-tafapp-roprTa ti"on---of $35-;-00-0-to th-e-Departmen t of ~ublic Buildings Maintenance for moving involved agencies into new buildings in the Capitol complex. Appropriation - Department of Public Buildings Maintenance (H.B. 2307) . Makes a supplemerital appropriatton of $35,000--to-the-Depai~tmentof Public Buildings Maintenance to be available for motor pool es tablishment. Appropriation - Finance Department - Retirement Contributions (H.B. 2291) ---Makes a supplemental approprIation of $17T,-990-t-o-ti1e Departmerlt-of Finance for payment of increased state retirement contributions for the elected state officerfs plan. Appropriation - State Government (H.B. 2148) Repeals A~S:-41-:::507 whic-i~-exempts--approprlations made to the Office of Economic Planning and Development from the lapsing of appropriation provisions of Arizona law. Appropriation - State Personnel Commission (H.B. 2137) Makes supi;lementalappropriation of $57, 900---to re-imburse the Personnel Commission for expenses incurred during the administration of health and accident insurance programs for state officers and employees. Legislation of a Corrective Natu~e Page 2 Appropriation to Legisla!ur~~S.B~20) Makes an emergency appropriation of $250,000 to the Arizona Senate and $180,000 to the Arizona House of Representatives for the purpose of compensating current and contingent expenses incurred by the Legislature. Arizona Atomic Energy Commission (H.B. 2182) ---Provides that COIDJnission members becompensated according to the provisions of A.R.S. 38-611 instead of subsistence and travel expenses as allowed by law for other state officers. The change would have the effect of increasing from $20 to $30 the subsistence and travel expenses for Commission members. , Ar.izo!!a R~vis~_s:L§..:t§:_tutes; Conforming Changes __ (H .~_ 200~1 Conforms existing statutes and provisions that are in conflict in the Arizona Revised Statutes. Contracts for Consultant Services; Requirements(S.B. 1219) --- Presc r-i b 88-1. her)r oc e dilre-i 0 -be-of 0 Tlo\ved-byst a fe-gover nmen t 2.1 agencies in purchasing services from outside consultants. Such services are to be purchased on a competitive bid basis, and contracts will only be awarded to bidding firms fulfilling certain requirements. County Treasurer- Back T2~x Bool~s (H.B. 2297) -----EIImIna tes-ther-equirement -Imposed uporlCounty Trea.surers to maintain an annual "back tax book" in addi tJon to the consolidated "back tax book". Employee Option - Compensation Wjthheld (H.B. 2016) Provides taxpayers -wi th-op-tion- as-to vihether 10% or 20% of the Federal Income Tax deduction will be withheJd for state income tax purposes. Previously, the maximum amount to be withheld was 10% for state income tax purposes. Establishing Certain Revolving Funds (H.B. 2289) Establishes separate, nonlapsing-revolving-funds for: the Arizona Coliseum and Exposition Center Board, $15,000; the Game and Fish Department, $20,000; the State Hospital, $5,000; and the State Treasurer, $5,000. These revolving funds are to be used for payment of postage, C.O.D. packages, travel, and other minor disbursements. Also created under this provision are the Civic Center School Fund and the Consumer Protection - Consumer Fraud Revolving Fund. Finance - Budget Unit Funds Transfer (H.B. 2290) Authorizes the Finance Di~ision of the Department of Administration to make transfers of funds from within a budget unit for purposes of compensating employees. Income Tax Deduction (S.B. 1087) Provides for a tax deduction on an individual's state income tax for education expenses incurred due to upgraded requirements of the taxpayer's occupation or profession. The deduction does not include subbatica1 leave or the minimum education requirements to qualify for a position. Legislation of a Corrective Nature Page 3 Indian Affairs Commission (S.B. 1238) . Enables the Indian Affairs--Commi·ssion to employ staff personnel. Luxury Tax Stamps; Discounted Prices (S.B. 1158) Provides certain disc-ounts~-wholesalers -and retailers for purchase of luxury tax stamps for cigarettes depending on dollar amount purchased per month. Public Employees - Benefits (H.B. 2117) Provides that any benefits an individual is entitled to under any present or prior retirement system, shall not be reduced because the individual is receiving social security benefits. Publication - Disposal of Unclaimed Property (S.B. 1189) ·---He-quires tha-tnot j ce-ofsale--ofunclain1ed propertyheld by the state or other governmental units be published only once rather than six successive weeks as previously required. Real Estate Investment Trusts - Taxation (S.B. 1060) ----Pr Q v i d est hat-bus ines" s tr-us t s-qual i (yi n g"--as--" rea 1 est ate in v e s t"- ment trust" for federal tax purposes will, under certain cond~tions, be allowed an income tax deduction for dividends paid to stockholders. A person receiving dividends from a "qualifying trust" is not allowed to deduct those divj.dends from income tax. Retirement System - Investment Advisory Council (S.B. 1084) ---BE; tab i i Si1e s -EEree -con s e cu t i ve-two=y~e-ar--"te rms-as-t:h e --lTmi t for membership on the Investment Advisory Council of the State Retirement System. The limit was previously two consecutive two-year terms. State Board Property Tax Appeals (S.B. 1328) ----~11powersthe--State-Board o:-CPr-operty-Tax Appeals to employ legal counsel. State Compensation Fund - Examination of (H.B. 2022) ----Allows the Director-of Insurance-to exan1ine the affairs, accounts, etc. of the State Compensation Fund for purposes of advisory recommendations regarding State Compensation Fund operati. ons. State Government Buildings (H.B. 2045) ._- Provid"es"-for-the- expansiono:f-present law requiring publ ic buildings constructed with state and local government funds to provide facilities which would make them more accessible to disabled persons. Stipulates that the requirements for these facilities must be jncorporated into future as well as present building codes. State Tax Commission (S.B. 1118) ---Prov-ides that the five perc"ent penalty assessed each 30 days for either failure to file a state income tax return or failure to file a return on time would be assessed only on that part of the tax still owed by the taxpayer. State Tax Commission (S.B. 1120) Legislation of a Corrective Nature Page 4 ---ProvIdes tha't in the-p'reparation of a state incorne tax return, a taxpayer may round out to the nearest whole dollar any fraction of a dollar. Taxation - Mobile Home Registration Fees (S.B. 1065) -----Nu~lII'f ie'sannual-registrat"ion--'of-mobile-homes and provi des that they be "titled" with the Highway Department. Provides that trailers less than 8 feet in width and 40 feet in length will be subject to a license tax in lieu of ad valorem property taxes. Volunteer Fire Company Funds - Retention (H.B. 2057) ----Pl-:-ovides that surl) Ius Inonies in excess of-- 25%rema ining in the fiscal budget in the "Volunteer F.ire Company Fund" will not revert to the county general fund, but will be retained by the Volunteer Fire Companies. II. AGRICULTURE Appropriation - Livestock Sanitary Board (H.B. 218J) ---- Makes a -"sur~piementaT-approprTationca'-$f6~'500'--~C0 the Li.vestock Sanitary Board for publishing and issuing a brand book. Brucellosis, Tuberculosis Control (H.B. 2104) --'------Yncreases the - al:ithorized-'cla~-Cln-Tor owner- of' a tuberculosis infected animal destroyed by the state from $50 to $100 for a purebred animal and from $25 to $50 for a grade stock animal. Other changes in vaccination authorjty and procedures including the authority to set the exclusionary age for official calfhood vaccination were made. Recording Livestock Earmark (H.B. 2172) -----Allows the recording-of'-earmarksfor range livestock optional rather than mandatory. I I I . COl\IMEHCE AND LABOE Certified Public Accountants (H.B. 2112) '---ReviseS-the make upa-f the-State Board of Accountancy to one lay person and four certified public accountants. The bill also allows applicants to take the C.P.A. exam 90 days before completing necessary higher education upon showing proof that the education will be complete in such period. Clearing Corporation - Definition - Deposit Authority (H.B. 2250) '---C11anges definition of " clQaring corporation." Allows"IO percent of stock in this corporation to be held by individuals where previou~ly all capital stocks had to be held by a registered securities association. Authorizes banks, trust companies, or title insurance companies, when acting in a trust capacity, to deposit securities in clearing corporations. Contractors (H.B. 2273) Legislation of a Corrective Nature Pare 5 '----Relieves the Registrar of Contractors of personal liability for duties relating to the bond and cash deposit requirements if such duties are performed in good faith. Equal Wage Rates for Men and Women (H.B. 2242) ---- Provides that no person can be paTdwages less than those paid to a person of the opposite sex provided that both are employed in the same establishment in the same capacity. Increasing Industrial Commission Authority (H.B. 2121) Pr"ovides that the COlru11ission-may-establIsh -requirements and standards of competency for individuals jnvolved in inspecting, constructing, relocating, altering, dismantling, ma~ntain~ng, or repairing elevators, dumbwaiters, escalators, moving walks, boilers, and pressure vessels. Increasing Inspection Fees (S.B. 1115) ,---- ProvIde"sfor alllnCrease--Tn-thelnspect ion fee charged by the egg inspector. The new fee shall be one and one-half mills per dozen on shell eggs as opposed to the previous one mill rate. Insolvent Insurer - Subrogation (S.B. 1259) ----Provides-that --il member-insurer-of---the-Arizona Insurance Guaranty Association, or any other insurer which pays under its own policy, would have no right of subrogation or recovery against the insured of an insolvent insurer. Installment Sale - Motor Vehicles (S.B. 1089) Clarifies what w-I1T-be -considel~ed a--"moTor vehicle" under the Motor Vehicle Time Sales Disclosure Act. Excludes certain vehicles from retail installment sale provisions and includes certain vehicles in time sales disclosure provisions. Insurance Premium Taxes (S.B. 2237) ,-- Provides the D'irector of Insurance will define what a "home office" is and that domestic insurance firms not maintaining a home office shall pay the one percent tax until January 1, 1975. After this date, the firms must pay the two percent tax or establish a home office. Public Utilities (H.B. 2143) Requires that iny person excavating in a public utility easement must first obtain information concerning the location of any underground facilities. Prescribes procedures for notifying owner of facilities damaged by excavation and establishes liability for damages to underground facilities. State Nursing _Board (S.B. 1170) Repeals the provision which stated that an applicant for a nursing license must be at least 18 years old and be a U.S. citizen or have declared for U.S. citizenship. This law allows a person licensed in another state to be issued a temporary permit in Arizona if the State Nursing Board believes that the person fills the Arizona requirements for a nursing license. Also, the law increases the fee for administering the e~amination from $15 to $25 for out of state applicants. Legislation of a Corrective Nature Page 6 Workmen's Compensation (H.B. 2098) . Provides-to'· an employee the-'ability to bring a civil action against an employer for recovery of unpaid wages in an amount triple the unpaid amount plus reasonable attorney's fees. In addition, existing statutes pertaining to women and minors and their coverage under workmen's compensation were revised to make them coincide with other acts passed relating to equal rights. IV. CONSUMER PROTECTION (None in this Section) V. CORRECTIONS (None in this Section) VI. EDUCATION Communi ty cOLLege Districts _. Personal Property iE. B. 2209) Provides that the inch viduaf-commUrlj~ ty coITeges ·-ra ther tha.n the Board of Community Colleges shall be primarily responsible for possession and disposition of personal property. Previously, .the State Board was saddled with this responsibility. Community College System (H.B. 228E» Repeals s'tatute givTng--authority to establish a junior college that is not within the state community college system. Provides that community colleges established beiore the repeal will continue as though the law is still in effect. Payment for School Em~loyees on a 12-Month Basis (H.B. 2107) ----P-rovides - th'af cer-liticated an-dclerIcal-employeeso-:r-school districts be allowed the option of being paid on a 12-month basis rather than a 9-month basis. Pooled School Purchasing (S.B. 1154) EnableS-The Depar'iment-of-AdnlTnistrati on, Division of F.i.nance and Purchasing to prescribe a procedure through which school districts may jointly solicit bids for supplies, materials and eql1ipment other than transportation equipment and contractual services. School Board Members - Elect (H.B. 2213) Under existing law a -board aT-trustees of a school district may reimburse members of the board for travel on school business. Authorizes a school board to reimburse members-elect of the board for such travel. State School for the Deaf and Blind (S.B. 1099) Changes- requiremen-fs- relating to the minimum entrance age for enrollment in the State School for the Deaf and the Blind. Any person of "suitable capacity" up to the age of six can now be enrolled without charge. Previous law required the child to be at least four years old. Legislation of a Corrective Nature Page 7 VII. ELECTIONS AND VOTING (None in this Section) VIII. ENVIRONMENTAL Amending Department of Health Appropriation (H.B. 2093) Provides that $1,500,000 approprlatedtoIj}-e Health Department in 1972 need not be matched by federal funds in order to construct water pollution control facilities under the grant program provided in the Federal Water Pollution Control Act. Appropriation - Atomic Energy Commission (H.B. 2183) -------j\,Iakes--a--supp lemeii'i-a-l app-i:oprlatToil--tO'-the-ATomic Energy Cmmnis-sion of $50,000 for investigation of a proposed nuclear desalting plant. Extends the lapsing date from June 30, 1973 to June 30, 1975 for an appropriation made in 1972 for the location of a desalting plant site. Fiduciaries - Geothermal Releases (S.B. 1106) -----Al lows--Tnde-finiteI-easlng-- of e-state---property for the harnessing of geothermal resources in excess of the ten year limit previousl~ restricting such leases. Oil and Gas Conservation Commission (H.B. 2131) '-------Provides - Jor - cl}ange~s- i'i1-notTce---requii:-emen'cs relating to the transfer of ownership of an oil or gas well. Authorizes Oil and Gas Comnission to charge for reproducing and publishing maps, rules and regulations and records, and authorizes Commission tb charge more than a $50 hearing fee for persons requesting a hearing if the costs can be justified. Reallocation - State Land Department (H.B. 2085) ,----- Re t urns-un us ed poi:: t i O'nO'£-$ 9 6-:000--£ rom -1isoj~ 1 cons erva t ion district election expenses" to the State Land Department for purposes of providing general assistance to the districts. State Land Department (H.B. 2193) , Revises the S'taTe-LandDepartment' s fee schedule regarding applicatiolls for .leases and uses of state lands. IX. HEALTH Appropriation ~ Crippled Children's Services (H.B. 2316) Provides an emergency supplemental appropriation of $382,062 to the State Board of Crippled Children's Services. Of this appropriation, $55,000 is for physician fees and private hospital costs; $15,000 is for other operating "expenditures; and $312,062 will be used for personal services and related expenses. Med19al Assistance for Aged (S. B. 10_!..§J Enables persons 65 years of age or older to receive increased state medi.cal assistance up to a maximum of the "unpaid deductible" of the costs as determined by the Social Security Administration. Legislation of a Corrective Nature Page 8 Radiotherapy Center Establishment Time Extended (H.B. 2293) Provides that a $2,260,000 approprIation to-t:-he Boardof Regents for es~ablishment of a radiotherapy center at the University of Arizona shall not lapse until January 1, 1976, if not utilized. The previous deadline was January 1, 1974. X. JUDICIAL Civil Action Fees (S.B. 1071) ---Increases-th-ree of the t"ifteen fees chargeable in civil actions served by the sheriff or constable and establishes a minimum charge for mileage traveled by constables when serving the civil acti_ons. County Government - Justice of the Peace (S.D. 1032) -----Incr-eases- thefees co}lected-hy--the Justices of the Peace for servjc~s required in civil action suits. A $10 fee ~j11 be assessed on suits involving more than $500, and for those actions involving less than $500, a $5 fee will be charged. This measure also authorizes a $5 charge for other servi_ces rendered. Court Administration (S.B. 1073) -----Authorlzes sta-fe--a"gencles or boards and poli tieal subdivisions of the state to utilize the services of the American Arbitration Association through contraetural agreement at the time of entering into a contract or by written agreement prior to any eivi1 action between the parties involved. Judges' Retirement Fund (S.B. 1155) ----Prescribe-s-Uieamountof-fees--to be credited to the state judges' retirement fund by clerks of the superior courts, appeals courts and supreme court. Limited Partnership - Formation Requirements (H.B. 2012) --"-RequIres prospe-ctive partners- in" a limi te"-Cl partnership to "acknowledge" rather than "swear to" a certii"Jcate forming a partnership. "Acknowledge" means a person declares it is hJs free act, where "swear to" means to become bound by a duly administered oath. State Department of Health (S.B. 1316) -----P-rovides that if adoptive paren-t--s so reque:;:;t, the name of the facility or street address of a home where the birth of the adopted child took place may be omitted from the birth certificate. State Department of Health (S.B. 1?151 Authorizes the courts to accept consent to adopt forms which have been notarized in the presence of the person granting such consent. Presently, adopt forms are only acceptable if Signed in the presence of at least two credible witnesses. XI. LOCAL GOVERNMENT Legislation of a Corrective Nature Page 9 Change from Town to City (S.B. 1195) Allows ci ties and towns to chitnge their governing arrangements to staggered terms and also allows towns to change to cities by a majority of voters voting at the election for such purpose, rather than a majority of the registered voters. Cities - Incorporation Election-Services (S.B. 1194) Allows t"lle'Bo8"rd of Supervisors to call an election for incor-· poration any time within 120 days after such petition has been filed. Present law prescribes an election for incorporation to take place on the fourth Tuesday after the ~ext following state general election. Also, county rules, regulations and codes would apply within the newly incorporated city or town until the end of the fiscal year, if necessary. County services such as police protection would a.lso be continued until July 1 or until the new city or town could provide such services . .Q.~un !x. __ Bu~ldi_ng_g.2des _-:-_~=~~~_ (H. ~ 20Q~_)_ Authorizes county board of supervisors to charge fees for issuing building permits and making building inspections, and requires that inspections be made at the earliest reasonable time. Local Government - Public Emp]oyees, Tax Deferred Annuity (H.B. 2269) ---1~ u t 110 r i z'e s"'-citTe s ~.-.- C o'llil-:Cre-:-s--;--i1nd-' t h el)1:1bTlc-SaTe t Y--11et i r en1'e il t---'-- System to allow employees to participate in expanded deferred compensation and annuity programs under federal law. Pima County Boundaries (S.B. 1329) ---Correctsthe-Pima-CountYboundary. It 1.8 due south to the southern boundary line of Arizona rather than due south to where the eastern line of range eighteen east intersects the southern boundary of Arizona. XII. PUBLIC SAFETY Appropriation to the National Guard (H.B. 2309) ----MakeS-a.· sup-pTernental appropr ia tion of $42,'250 to the Na tiona1 Guard for payment of utility services and for paving a parking area. Department of Public Safety - Appropriation (H.B. 2039) ----Appropriates $470,600 to the Depa'rtment 'ofPublic -Safety for payment of increased employer contributions to the public safety personnel retirement fund. Funeral Processions - Escort Vehicles (S.B. 1226) Requires pedest'rians and--operatorsof non·_·emergency vehicles to yield right-of-way to funeral processions and outlines registration requirements for escort vehicles. Legislation of a Corrective Nature Page 10 Implied Consent - License (S.B. 1267) --Changes the -pr-ocedlll'e-Yor suspending the drivers li,cense of an individual who refuses to submit tO,the chemical test for intoxication. Provides that suspension shall become effective 15 days after written notice by personal service or certified mail. Also, allows the individual to request in writing, a hearing if received within 15 days after notification of suspension by the Department. The individual may also have the order to suspend his license rescinded by the Department if the Department receives satisfactory proof that a plea of guilty has been entered, and not appealed. Investigation of County Attorney's Office (S.B. 1034) --- Authorizes the- A t-toi::-ney -General to-inves"frgate-before grand juries matters involving county attorneys and use sessions which are closed to the county attorney or anyone on his staff. ~a wEn .!o r c e!lle ~U_g_: B_:.~_!''§JJ Authorizes the issuance of regular llcense plates to authorized governmental agencies if the agency conducts investigations of a confidential nature. Mobile Homes -- Highway Movement (H. B. 2064) ---Pro-v:rcies that-perm-its--:-Eo-nl0ve-on-a:-I1ighway excess size and weight vehicles may be issued if vehicle does not exceed 14 feet in width, 13 feet 6 inchps in height, and 70 feet in length. Din . , Ed [J I' ik& Jt I lImp 01149. Protection of Governor - Responsibility (S.B. 1105) '----Tl:ansfersreSIJOnsTb:Clity-for--pro-viding trai1sporta,tion, securi ty, and protection for the Governor and security alld protection for the Governor's family from the Superintendent of the Highway Patrol to the Dir~ctor of the Department of Safety. Repealing employment limitation (S.B. 1196) ----Prav ides --fha t -ill-en1b e l' s --0 Y-the-St a t"eHTg hw ay P atro 1 Re t i remen t System are eligible for employment with the state or any of its political subdivisions while still receivjng benefits from the Retirement System. Return of Stolen Property (S.B. 1224) Provides that upon satisfactory-proof of ownership, the magistrate shall order stolen property delivered to the owner of such property at no charge or fee. State Department of Public Safety (H.B. 2200) , Provides that the employees oithe Division of Emergency I,1edical Services be subject to the Law Enlorcement Merit System Council's employment classification and Fay scales. These employees are presently subject to State Personnel Commission classification and pay scales. XIII. RECREATION Holidays ,Memorial Day (H. B. 2_246) Reestablishes the last Monday in Mayas Memorial Day. XIV. State Holidays (S.B. 1029) Legislation of a Corrective Nature Page 11 - Estab 1ishes May 30, rather than the las t Monday in May, as Memori~l Day. Prescribes November 11, rather than the fourth Monday in October as Veterans Day. State Parks Board Lapsing Appropriations (H.B. 2086) -- Pl~ovldest-hat-total appropriat{ons-of$235, 000 to the State Parks Board for the purchase of lands in Graham and Ma:rtcopa Counties for state parks shall not lapse unless they remain until June 30, 1975, without utilization. Existing law provided for a lapsing date of June 30, 1973. Theatrical License Tax - Determination (S.B. 1260) -----Repears-sect i on42-"" 1131-;- A"iTzolla-lrevIsed Sta sttes, which requires the payment of a license tax for theatres and other related establishments where concerts, exhibitions, or shows are held. TRANSPORTATION Aeronautics Tax Distribution (S.B. l102} ----pro"victes tha-:C-alTi:ax--funds collected from licensing of aircra ft in Ari~ona will go to the State Aviation Fund for construction, development and improvement of airports. Prevjously, 25% of this money had gone to the State General Fund. Appropriation - Department of Aeronautics (H.B. 2204) ----I1Ta:ke"s--a:-stipp fe-men t aJ:---o:pp-roprJ.-a-:-Clon of $5~T7-0"to"the Arizona Department of Aeronautics in order to provide for a law enforcement officer at preboard screening of ajrline passengers at Grand Canyon Airport. Arizona Highway Department (S.B. 1182) -----Al"it"ho"riz-es- the-H'IghwayC"ommission to use computer devices for information contained in any original records now maintained on photographic film. S.B. 1182 also revised the statutory definition of "engine or serial number" of a vehicle to mean the number 2_ssigned by and stamped on the chassis of the vehicle by the manufacturer. This conforms with the manufacturers' practice of no longer assigning or stamping serial numbers on the vehicle engine. Arizona Highway Department (H.B. 2133) ---Authorizes the Superintendent o"fthe Motor Vebicle Division to prescribe the hours and days, other than those required by law, when the offices of the Department may be open for the transaction of business. Division of Motor Vehicles (S.B. 1140) Provides that any apIJ"frca tron for a license, permit, title or registration made to the Division along with any document required by law or by the Division to accompany such application shall be a public record. When the Vehicle Division or Department is required or authorized to revoke, suspend, or cancel any driver's license or to suspend any vehicle registration, it shall notify the holder in writing. Certified copies of public records designated in this |