Legislative Summary - Arizona State Senate

              \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