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STATE OF ARIZONA *********** JOURNAL of the SENATE 2008 Published by: Arizona State Senate Arizona Legislative Council TABLE OF CONTENTS Page SECOND REGULAR SESSION Daily Journal ............................................................................................................................ 1 SUPPLEMENT Governor's Action after Adjournment Sine Die.................................................................. 460 Messages from the House .................................................................................................... 464 Joint Protocol Session .......................................................................................................... 465 EXECUTIVE APPOINTMENTS AND CONFIRMATIONS.................................................. 469 INDEX OF SENATORS.......................................................................................................... 480 ALPHABETICAL INDEX........................................................................................................ 531 HISTORY OF SENATE AND HOUSE BILLS Senate Bill History ............................................................................................................... 657 House Bill History................................................................................................................ 777 MISCELLANEOUS House Bills Not Received by the Senate............................................................................. 866 Bills Not Reported by Committees ..................................................................................... 889 Bills Enacted into Law (Chapter Numbers) ........................................................................ 899 Bills Vetoed .......................................................................................................................... 908 Bills Became Law Without the Governor’s Signature ........................................................ 908 Strike Everything Amendments........................................................................................... 909 Recapitulation (Summary of Bills) ...................................................................................... 922 Senate Rules ......................................................................................................................... 928 TABLE OF CONTENTS COMMITTEES Index of Committees............................................................................................................ 946 Statutory/Study Committees ............................................................................................... 948 Ad Hoc Committees............................................................................................................. 966 Committees of Reference..................................................................................................... 970 Senate Standing Committees .............................................................................................. 973 House Standing Committees ............................................................................................... 975 SENATE EMPLOYEES Senate Employee Listing...................................................................................................... 978 ARIZONA ELECTED STATE OFFICIALS Governor .....................................................................................................JANET NAPOLITANO Secretary of State...........................................................................................JANICE K. BREWER Attorney General..............................................................................................TERRY GODDARD Treasurer ................................................................................................................DEAN MARTIN Superintendent of Public Instruction.......................................................................TOM HORNE Mine Inspector................................................................................................................ JOE HART Corporation Commission Chairman..............................................................................................................MIKE GLEASON Commissioner .............................................................................................JEFF HATCH-MILLER Commissioner .................................................................................................KRISTIN K. MAYES Commissioner .........................................................................................WILLIAM A. MUNDELL Commissioner .......................................................................................................... GARY PIERCE Supreme Court Chief Justice ................................................................................................RUTH V. McGREGOR Vice Chief Justice................................................................................ REBECCA WHITE BERCH Justice ................................................................................................................W. SCOTT BALES Justice ..................................................................................................... ANDREW D. HURWITZ Justice ..............................................................................................................MICHAEL D. RYAN ARIZONA ELECTED U. S. OFFICIALS Senator ...............................................................................................................................JON KYL Senator ....................................................................................................................JOHN McCAIN Representative (District 1) ......................................................................................... RICK RENZI Representative (District 2) ..................................................................................TRENT FRANKS Representative (District 3) .................................................................................JOHN SHADEGG Representative (District 4) ..........................................................................................ED PASTOR Representative (District 5) .............................................................................HARRY MITCHELL Representative (District 6) ...........................................................................................JEFF FLAKE Representative (District 7) ..................................................................................RAUL GRIJALVA Representative (District 8) ...................................................................... GABRIELLE GIFFORDS MEMBERS OF THE SENATE FORTY-EIGHTH LEGISLATURE – 2008 SECOND REGULAR SESSION STATE OF ARIZONA SENATE LEADERSHIP President...................................................................................................................Timothy S. Bee Majority Leader.................................................................................................... Thayer Verschoor Majority Whip ...................................................................................................... John Huppenthal Democratic Leader............................................................................................... Marsha Arzberger Assistant Democratic Leader .................................................................................Jorge Luis Garcia Democratic Whip ........................................................................................................ Rebecca Rios President Pro Tempore and Parliamentarian............................................................Robert Blendu HOUSE LEADERSHIP Speaker.................................................................................................................... James P. Weiers Majority Leader.............................................................................................................. Tom Boone Majority Whip ........................................................................................................John McComish Minority Leader ............................................................................................................... Phil Lopes Assistant Minority Leader ......................................................................................... Jack A. Brown Minority Whip.....................................................................................................Steve M. Gallardo Speaker Pro Tempore ....................................................................................................Bob Robson Parliamentarian……………………………………………………………………… Norman L. Moore MEMBERS OF THE SENATE FORTY-EIGHTH LEGISLATURE – 2008 SECOND REGULAR SESSION STATE OF ARIZONA OFFICERS Timothy S. Bee .................................................................................................................. President Charmion Billington .......................................................................................................... Secretary Tina Scott............................................................................................................Assistant Secretary Joe Kubacki ............................................................................................................Sergeant at Arms DISTRICT SENATOR PARTY HOME CITY 1 O’HALLERAN, Tom R Sedona 2 HALE, Albert D Window Rock 3 GOULD, Ron R Lake Havasu City 4 HARPER, Jack R Surprise 5 FLAKE, Jake* ALLEN, Sylvia R Snowflake 6 GORMAN, Pamela R Anthem 7 WARING, Jim R Phoenix 8 ALLEN, Carolyn S. R Scottsdale 9 BURNS, Robert “Bob” R Peoria 10 GRAY, Linda R Glendale 11 LEFF, Barbara R Paradise Valley 12 BLENDU, Robert R Litchfield Park 13 MIRANDA, Richard D Tolleson 14 McCUNE DAVIS, Debbie D Phoenix 15 CHEUVRONT, Ken D Phoenix 16 LANDRUM TAYLOR, Leah D Phoenix 17 BURTON CAHILL, Meg D Tempe 18 JOHNSON, Karen S. R Mesa 19 GRAY, Chuck R Mesa 20 HUPPENTHAL, John R Chandler 21 TIBSHRAENY, Jay R Chandler 22 VERSCHOOR, Thayer R Gilbert 23 RIOS, Rebecca D Apache Junction 24 AGUIRRE, Amanda D Yuma 25 ARZBERGER, Marsha D Willcox 26 PESQUIERA, Charlene D Tucson 27 GARCIA, Jorge Luis D Tucson 28 ABOUD, Paula D Tucson 29 SOLTERO, Victor D Tucson 30 BEE, Timothy S. R Tucson *Jake Flake deceased June 8, 2008. Sylvia Allen sworn in June 16, 2008. MEMBERS OF THE HOUSE OF REPRESENTATIVES FORTY-EIGHTH LEGISLATURE - 2008 SECOND REGULAR SESSION STATE OF ARIZONA OFFICERS James P. Weiers ....................................................................................................................Speaker Norman L. Moore........................................................................ Chief Clerk and Parliamentarian Cheryl A. Laube .............................................................................................. Assistant Chief Clerk Ron Gill ..................................................................................................................Sergeant at Arms DISTRICT REPRESENTATIVE PARTY HOME CITY 1 MASON, Lucy R Prescott TOBIN, Andy R Paulden 2 CHABIN, Thomas E. D Flagstaff TOM, Albert D Chambers 3 GROE, Trish R Lake Havasu City McLAIN, Nancy G. R Bullhead City 4 BOONE, Tom R Peoria BURGES, Judy M. R Skull Valley 5 BROWN, Jack A. D St. Johns KONOPNICKI, Bill R Safford 6 CLARK, Doug R Anthem CRUMP, Sam R Anthem 7 BARNES, Ray R Phoenix BARTO, Nancy K. R Phoenix 8 KAVANAGH, John R Fountain Hills REAGAN, Michele R Scottsdale 9 MURPHY, Rick A. R Glendale STUMP, Bob R Peoria 10 THRASHER, Jackie D Phoenix WEIERS, James P. R Phoenix 11 FUNKHOUSER III, David E.* D Phoenix DRIGGS, Adam R Phoenix 12 NELSON, John B. R Litchfield Park WEIERS, Jerry R Glendale 13 GALLARDO, Steve M. D Phoenix GARCIA, Martha D Phoenix DISTRICT REPRESENTATIVE PARTY HOME CITY 14 CAMPBELL, Chad D Phoenix MEZA, Robert D Phoenix 15 LUJAN, David M. D Phoenix SINEMA, Kyrsten D Phoenix 16 CAMPBELL, Jr. Cloves C. D Phoenix MIRANDA, Ben R. D Phoenix 17 ABLESER, Ed D Tempe SCHAPIRA, David D Tempe 18 ANDERSON, Mark R Mesa PEARCE, Russell K. R Mesa 19 ADAMS, Kirk R Mesa CRANDALL, Rich R Mesa 20 McCOMISH, John R Phoenix ROBSON, Bob R Chandler 21 NICHOLS, Warde V. R Gilbert YARBROUGH, Steven R Chandler 22 BIGGS, Andy R Gilbert FARNSWORTH, Eddie R Gilbert 23 RIOS, Pete D Hayden McGUIRE, Barbara D Kearny 24 PANCRAZI, Lynne D Yuma ULMER, Theresa D Yuma 25 ALVAREZ, Manuel V. “Manny” D Elfrida BURNS, Jennifer J. R Tucson 26 HERSHBERGER, J. Peter R Tucson YOUNG WRIGHT, NANCY** D Tucson 27 CAJERO BEDFORD, Olivia D Tucson LOPES, Phil D Tucson 28 BRADLEY, David T. D Tucson FARLEY, Steve D Tucson 29 LOPEZ, Linda J. D Tucson PREZELSKI, Tom D Tucson 30 McCLURE, Marian A. R Tucson PATON, Jonathan R Tucson *Sworn in on August 26, 2008 to replace Mark DeSimone who resigned effective July 24, 2008. **Sworn in on January 22, 2008 to replace L ena S. Saradnik who resigned effective January 7, 2008. JOURNAL of the SENATE FORTY-EIGHTH LEGISLATURE of the STATE OF ARIZONA SECOND REGULAR SESSION - 2008 - SESSION CONVENED MONDAY, JANUARY 14, 2008, 12:00 NOON SESSION ADJOURNED SINE DIE FRIDAY, JUNE 27, 2008, 10:09 P.M. JOURNAL OF THE SENATE FORTY-EIGHTH LEGISLATURE SECOND REGULAR SESSION Monday, January 14, 2008 First Day The second Monday in January being the date prescribed by the Constitution of Arizona for the annual meeting of the Legislature, the Second Regular Session of the Forty-eighth Legislature convened this day. The Senate session scheduled to assemble in its chamber at 12:00 noon was called to order at 12:13 p.m. The President, Timothy S. Bee, of Pima County, called the Senate to order. Vernon P. Harms, Chaplain, Arizona Department of Public Safety, offered prayer. Presentation of the Colors was led by Fort Huachuca Honor Guard. Pledge of Allegiance to the Flag was led by the children of President Bee. The National Anthem was performed by Imperial Percussion-Students from Empire and Cienega High Schools under the direction of Russel Potter, Empire High School, Vail School District. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--30 PRIVILEGES OF THE FLOOR Privileges of the floor were extended to former State Senators Linda Aguirre, Gus Arzberger, Keith Bee and Bill Brotherton. BUSINESS ON THE PRESIDENT’S DESK RULES Senator Verschoor stated that in view of the fact that during the First Regular Session of the Forty-eighth Legislature, the Senate adopted Rules for the operation of the entire Forty-eighth Legislature, the Senate of the Second Regular Session of the Forty-eighth Legislature was properly organized. READING OF BILLS BY NUMBER, SHORT TITLE AND TITLE ONLY Senator Verschoor moved that unless otherwise ordered, an emergency be declared, Rules be suspended and that during the Second Regular Session of the Forty-eighth Legislature all bills, resolutions and memorials under the Order of Business First Reading and Second Reading of Bills be read by number and short title only, and that all bills, resolutions and memorials under the Order of Business Third Reading and Final Reading of Bills be read by number and title only. President Bee announced that the motion required a two-thirds vote for its passage. The motion carried. COMMITTEE TO NOTIFY HOUSE AND GOVERNOR ON ORGANIZATION Senator Verschoor moved that a committee be appointed to notify the House that the Senate was organized and ready for the transaction of business and to act with a like committee from the House to notify the Governor that the Second Regular Session of the Forty-eighth Legislature was organized and ready to receive any communication she may wish to deliver. The motion carried and the President appointed Senators Johnson, Flake and Soltero as members of that committee. JOURNAL OF THE SENATE Monday, January 14, 2008 2 COMMITTEE FROM THE HOUSE The Sergeant at Arms, Joe Kubacki, announced the arrival of the Committee from the House of Representatives consisting of Members Alvarez, Chabin, Lopez, Hershberger, McClure, Meza, Nelson and Robson. The committee informed the Senate that the House of Representatives was organized and ready for the transaction of business. RECESS At 12:54 p.m. the Senate stood at recess subject to the sound of the gavel to receive remarks from Richard H. Carmona, M.D., M.P.H., FACS; 17th Surgeon General of the United States, 2002-2006; Vice Chairman, Canyon Ranch. The Senate remained at recess subject to the sound of the gavel following the Joint Session. JOINT SESSION The Senate and House of Representatives assembled in Joint Session at 1:38 p.m. in the House Chamber. President of the Senate, Timothy S. Bee called the Joint Session of the Forty-eighth Legislature, Second Regular Session to order. The Joint Organization Committee consisting of Senators Johnson, Flake and Soltero and Representatives Hershberger, Alvarez, Chabin, Lopez, McClure, Meza, Nelson and Robson escorted the Governor of Arizona, the Honorable Janet Napolitano into the House Chamber. The Governor was introduced by the President of the Senate. STATE OF THE STATE ADDRESS 48TH ARIZONA LEGISLATURE SECOND REGULAR SESSION GOVERNOR JANET NAPOLITANO JANUARY 14, 2008 President Bee, Speaker Weiers, Honorable Senators and Representatives, Chief Justice McGregor and members of the Supreme Court, tribal leaders, honored guests and my fellow Arizonans: My message to you today is clear: the state of Arizona is strong. And together, we are writing the story of its future. To do that, we must build on the already-written chapters of Arizona’s past, the story of the men and women who came before us – the Hohokam and Anasazi, the pioneers, the Buffalo soldiers, the many who moved here from other states and other countries. And we will continue to build on the work we began five years ago. During that time, we have been dedicated and consistent, focusing the story on issues that matter most to the people of Arizona: our children – educating them and preparing them for their futures; building safe and strong communities; and reaffirming our heritage as a state where hard work and good ideas lead to prosperity. We’ve made progress on every score, and in doing so, we’ve restored Arizonans’ confidence that ours is a state that’s going places. Today, our duty is to keep this momentum going, even as we confront the challenges of our current budget. Arizona is young and vital. Our extraordinary growth propels us toward a new, dynamic time of transition, where bold ideas can take root, and where we can fully embrace what it means to build our future. With our heads up and with full steam ahead, let’s get to work, and keep this powerful narrative moving. I see it as a story with five interlocking chapters. Chapter One, for me, will always be education. I believe education is the most important chapter for our future. Look where we stood just five years ago. There was no plan to give Arizona’s children the early start they JOURNAL OF THE SENATE Monday, January 14, 2008 3 need and deserve. Teacher pay was lagging, and we weren’t doing what was necessary to support our new teachers and keep our best educators in the classroom. Phoenix was the largest city in the nation without a university-based medical school and our state was not graduating enough students with college degrees to keep up with our growth. Fast-forward to today. We’ve created a new grade level by making full-day kindergarten available to every Arizona family. We’ve made historic investments in early childhood education and in teacher pay. We’ve broken ground on an all-new medical campus, tripled our contribution to student financial aid, and built up our universities. This is progress, and it is precisely where we needed to go. Now, we must move quickly – this year – to implement the voter-approved initiative aimed at early childhood. Beginning with our youngest children, we must focus on preschool and quality child care, so that children are fully prepared for the all-day kindergarten we now provide. For older students, we set the tone last month when the State Board of Education raised expectations and standards to require more math and science in high school. I believe – and our educators believe – these new standards are key to what must be the central goal of an Arizona education: giving our students the skills they need to succeed in the high-tech, high-knowledge world of the 21st century. And now that we’ve changed the graduation standards, tests need to be changed to match. For example, students now will have had four years of math, taking them to the Algebra II level. It makes no sense to test them to a level they completed two years earlier. So we need to look at everything – including AIMS – to make sure we’re testing for the right things, at the right times, and for the right reasons. It’s also time to end the fiction that a high school diploma is the final goal of education or that a student should be allowed to drop out at the age of 16. An Arizona diploma should demonstrate that a student is fully prepared for higher education, whether in a technical or vocational setting, a community college, or a university. Yes, we should make reasonable alternatives available for students who can’t succeed in a regular classroom. And the dropout age should be raised to 18 years old. Higher standards for students mean we must sustain a higher-quality corps of math and science teachers by expanding teacher loan forgiveness, scholarships, and incentives. Last year, you took a big step in this direction by providing initial funding for these incentives, and by funding more math and science teachers; I ask you to do the same this year. We’ve added rigor to the curriculum and raised expectations. But high standards must come with strong support, which you should provide; and we must also reward our students when they succeed. Given our budget constraints, we cannot do as much – immediately – as we would like. But we can look to the future. The eighth graders of today are the high school class of 2012 – Arizona’s centennial class. I say, let’s make a contract with these Centennial Scholars, and with all the classes that follow. Let’s agree that any eighth grader who pledges to stay out of trouble and maintains at least a “B” average in high school will be guaranteed free tuition at any of our community colleges or state universities. Let’s act now for the class of 2012, and for every class thereafter, because the promise of these Centennial Scholars is the promise of Arizona’s next 100 years. Rewarding students who are excelling is a good step, but we must recognize that higher education is something that all Arizona children will need to succeed. It’s a pathway to prosperity and, in Arizona, it’s also supposed to be affordable. I propose that, beginning next year, all Arizona universities guarantee that when a student begins college, his or her tuition will not be raised for four years – period. Times change and tuition will rise, but it shouldn’t go up once you’ve started your coursework. Call it a “fixed-rate” loan on the best investment we can make in Arizona’s future – our children. JOURNAL OF THE SENATE Monday, January 14, 2008 4 We also need to educate and train more health care professionals. To achieve that end, the new university medical campus in Phoenix, which will bring more doctors, nurses, pharmacists and other health care professionals to Arizona, is paramount. My budget asks you to authorize the funding necessary for this project, which will make Arizona a world leader in cutting-edge medical education and health care. While we invest in these medical degrees, let’s remember that Arizona has to increase the number of students who earn bachelor’s degrees. In the past five years, that number has grown, and our community colleges are granting associate degrees at a very competitive rate. But we need to do more. I call on our higher education institutions to work together and double the number of bachelor’s degrees they produce by the year 2020. To do this, our universities have to increase graduation rates, retain more students, create more options for students in rural areas, enroll more first-generation students, and boost the number of students coming from community colleges. This Legislature needs to support them now in these critical tasks. Before I leave this chapter on education, I will remind you of a critically important fact: 15 percent of students come from families that do not speak English. These students must learn to read, write and speak in English as soon as possible. I put this challenge to legislative leadership: take our tax dollars out of court and put them back in the classroom, where they belong. Our education system is linked to the needs of Arizona’s economic future. There is no separation. We need more teachers. We need more engineers, scientists, urban planners, water specialists and entrepreneurs. We have worked ardently, from preschool to community college and university, to increase the quality of an Arizona education, and then to align education as a whole to the needs of Arizona’s economy. We are still writing the education chapter of our Arizona story, but the direction we have taken is the right one. This takes me to Chapter Two: economic prosperity and a diverse, knowledge-based economy. While entrepreneurs have long found success in Arizona, five years ago, our economic development strategy was haphazard and uncoordinated. Too few leaders were thinking beyond the housing economy. We were making scant efforts to foster businesses in areas where Arizona can lead the world – like solar power, optics, or personalized medicine. In the past five years, we’ve added more than a half million new jobs. We’ve become a top state in the country for attracting and retaining jobs and companies. We’ve made historic investments in rural economic development – including the important tourism industry – provided tax relief for innovative high-tech companies, increased Arizona’s exports and foreign investment, and retooled the state Department of Commerce to do even more. And in the last year, we’ve created an entirely new model for guiding economic development efforts in Arizona. The Arizona Economic Resources Organization – AERO – unites the public sector, the private sector, the education community, and the philanthropic community to target economic development efforts in Arizona. Success in the future economy will depend on innovation – so we are being innovative in our own approach. International trade will be an important part of our economic future. While public debate has focused on illegal immigration, billions of dollars of lawful commerce cross Arizona’s border each year. Right now, delays at the border tie up trade that is vital to Arizona’s well being. I have already named former Congressman Jim Kolbe to head Arizona’s effort to build strong commercial corridors through our state. Today, I have also asked him to update Arizona’s ongoing strategy for improving our ports of entry, so that we can support a system that works for Arizona. As we take our economic development efforts to the next level, we also have to continue to find ways to maximize our research dollars. We did this together by creating and funding Science Foundation Arizona, which has turned out to be a wise and remarkably effective decision. Science Foundation Arizona’s mission is to meld government, industry and education into a new business model that emphasizes innovation and discovery. JOURNAL OF THE SENATE Monday, January 14, 2008 5 Our investment has already paid us back in breakthroughs. Science Foundation Arizona has funded significant research, ranging from the development of targeted, personalized cancer treatments, to the creation of a brand-new source of biofuel. The Foundation’s Competitive Advantage Awards program provides seed money for basic research throughout our state. Their grants to programs throughout Arizona last year brought in $9 in federal funds for every $1 invested. And the $25 million you appropriated for this year has been matched by another $25 million in private dollars. This is an outstanding return on investment, and it’s an investment we need to continue. Switching to personal investments for a moment, let’s talk about Arizonans stuck in the subprime-lending debacle. I have met with the major lenders in our state. We have agreed that buyers should have the chance to work out their loans with lenders and to stay in their homes; yet, they must still meet their obligations to the businesses that lent them money. Now, it’s our job to keep this mess from happening again. To do this, I’ve created a three-step plan. First, the Department of Real Estate, at my direction, has created the Homebuyers’ Bill of Rights. It is available now, on the Web and in print, and it gives homebuyers information about roads, water, police and fire services and more. It’s a tool for making educated financial decisions, and it’s step one. For step two, you need to pass the Arizona Home Equity Theft Protection Act, to license “equity purchasers.” There are some in this category who prey on vulnerable homeowners and use deceptive practices to cheat them out of their homes. Let’s pass the bill and put the bad guys out of work. The third step is to license loan officers. When an Arizonan sits down to talk about buying a home – usually the biggest investment they’ll ever make – the person on the other side of the table should be experienced, educated and ethical. Once they’re licensed, that license can be removed for behavior that violates the law or the ethical rules of the profession. Our state’s lenders want high standards in their field, so let’s work with them and get this done this year. We will live through this housing-market downturn, and we will mitigate those that come in the future. It’s all part of protecting Arizona; which brings me to Chapter Three in this story of Arizona’s future: our security and public safety. Five years ago, our state lacked adequate counter-terrorism resources. Arizonans didn’t have a central place to go for information if a disaster struck. And while border crime was escalating, local communities didn’t have the tools or manpower they needed, and the issue was not even on the federal agenda. Today, we have a 24-hour terrorism intelligence center and a statewide 2-1-1 system to disseminate public safety information. In five years, we’ve increased DPS funding by more than 60 percent. We are entering the third year of a four-year plan to ensure that every person who needs shelter from domestic violence can get it. We’ve deployed the National Guard at the border at federal expense, cracked down on border gangs, drug smugglers and human traffickers, and we’ve become the leading state in the nation in confronting America’s broken borders head-on. When it comes to regaining control of immigration, the federal government has been a miserable failure. Arizonans know – better than anybody – that immigration problems aren’t going away. And until there is comprehensive immigration reform by the federal government, we will have to deal with those problems. It has been against the law in the United States for business to hire illegal labor since 1986. Congress left to the states the option of imposing licensing sanctions. Now, we’ve taken them up on it. Arizona’s employer sanctions law has taken effect, and we will continue to implement it. But on the day I signed it, I wrote to you and pointed out flaws that still need your attention. You can make these changes and yet keep the law’s meaning, purpose, and strength. JOURNAL OF THE SENATE Monday, January 14, 2008 6 You should add to the law a definition of what constitutes a “complaint,” so that law enforcement does not have to waste resources chasing down anonymous calls from malicious competitors or disgruntled employees. You should clarify that a wrongful hiring decision at one location doesn’t shut down an entire chain of stores and put legal Arizonans out of work. The law has to ensure that vital infrastructure, like nursing homes and hospitals, can continue to operate. And you should specify that the law cannot be used to discriminate. As I pointed out to you when I signed the employer sanctions bill, this Legislature did not set aside enough funding to enforce it effectively. I have a solution that you can act on quickly: redirect some of the money that the state recovers from successful prosecutions. Each year, Arizona prosecutors receive millions of dollars from penalties paid when a criminal racket is stopped. It’s a good concept; in fact, last year, some of that money funded an all-new, state-of-the- art crime lab for Southern Arizona. But too often lately, we see this money go for TV commercials that amount to little more than publicity for an elected official. That’s the wrong way to use it. Pass a bill that uses the money for core functions of law enforcement – like body armor and investigators; then dedicate a part of that money to enforce the employer sanctions law. In a tight budget year, this is efficient, and ensures that the money is used responsibly and effectively. You must also pass the legislation necessary to authorize a second, optional driver’s license. This is the “3-in-1” card that serves three purposes: it is a driver’s license; it is a passport for those U.S. citizens crossing from Mexico and Canada; and it is proof of citizenship – for purposes of the employer sanctions law. Some were quick to criticize, but the facts are these: it is more secure than your current Arizona driver’s license; it is voluntary – no one will be required to have it; and it could be available at minimal cost to Arizonans by September of this year. Arizona employers have been asking for an alternative to the federal E-Verify system. This could be it. We need to keep fierce pressure on the organized street gangs and criminal rackets that smuggle humans, narcotics, stolen vehicles, and weapons into our state. You can do this by continuing your support of DPS officers – especially in the highway patrol division, in the GIITEM gang task force, in crime labs and in forensics. Next, let’s keep working to take away the tools of the smuggling trade. We went after fake ID’s, with the Fraudulent ID Task Force, and that’s working; we went after wire transfers of illegal profits, and that’s working; we went after stolen vehicles used to bring people into the country illegally, and – guess what? – that’s working, too. The next step is to target the drop houses located in family neighborhoods all over Arizona. Right now, law enforcement can go after the property owners. But too often, it’s the middleman – the property manager – who rents out a house, knowing full well it will be used as a drop house. Strengthen the law, so we can get to that middleman. No ID-s, no money, no cars, no drop houses - that’s how we will ultimately put an end to this savage industry in Arizona. Violence around the world reminds us all that outside threats to our nation and our communities continue. The Arizona Counter Terrorism Intelligence Center has so far trained and equipped hundreds of Arizona law enforcement officers to be prepared for a crisis. Yet federal funding for this critical center has been slashed. In order to continue the important work we have begun, my budget allocates $1.4 million to operate this facility. Finally, I want to bring the subject of security back to the home, and to children. Child Protective Services has come a long way, but we still have work to do. It has become increasingly clear to me that to do more for our children, we need to do more about the substance abuse that grips their parents. Case managers will tell you that when a child is in danger, substance abuse is nearly always in the picture. JOURNAL OF THE SENATE Monday, January 14, 2008 7 We have many prevention and treatment programs; the problem is, they’re spread around various parts of state government. Today, by executive order, I have directed that substance abuse dollars be targeted so that the families of children in the child protective system are first in line for treatment and services. Let’s make sure that these parents – who want to get clean for the sake of their children – have access to all the services that can help them do it. In addition to this, it’s obvious that CPS caseloads are still just too high. My budget asks you to fund additional case managers this year, so we continue to bring caseloads down to protect children. Chapter Four in the story of Arizona’s future is transportation and growth. Over the past five years, we’ve added 652 new lane miles of freeway, and secured hundreds of millions more dollars for transportation projects. We’ve implemented a forest health strategy, created our first-ever statewide drought and water conservation plan, and worked to prevent wildfires. We passed the most significant air-quality legislation in a decade. And just last month, we signed an historic agreement among the Basin States to manage Colorado River water. Now, we’re looking at even more explosive growth – a near doubling of our population in the next few decades. As I’ve said, Arizonans need relief from the “time tax.” People need to get from work to home, to their places of worship, to the store, and to school to pick up their children, without constantly having to sit, breathing bad air, stuck in a traffic jam. It is time to act. We need a statewide plan to create functional new transportation corridors that serve growing communities. We also must actively include tribal governments, because all roads in Arizona – almost literally – go through Indian Country. This plan must include not just necessary freeway construction, but also transit options – including a robust rail element – because we simply cannot out-freeway the problem. Imagine expanded freeways, more local transit, plus a Tucson-to-Phoenix rail line, and you’ll see how we need to write our transportation chapter. The Arizona transportation plan of the future envisions a state of 10 to 12 million people and a transportation infrastructure second-to-none. It will not be cheap, but we are already lagging, and to continue to wait – to play catch-up – as opposed to planning ahead will only make the whole thing cost more. By this spring, the critical studies will be near enough to completion for you to act. I ask that you schedule hearings, and prepare to refer to the ballot – either in 2008 or 2009 – an Arizona transportation plan that provides the infrastructure we need for the decades to come. The 9.3 million acres that our state holds in trust are also critical. After a summer spent working with key legislators of both parties, we are close to an agreement on a referendum to reform state trust land, as well as a statutory package to implement that referendum. I ask that you refer state trust land reform to the ballot this year, and that you pass the implementing package this session. If you deal with transportation and state trust land reform, you will have created an important legacy for Arizona. Energy is key to our state’s ability to grow and prosper. As our demand for energy grows – and our dependence on foreign oil becomes ever more troublesome – it is time to take the next steps toward changing how we generate and conserve energy. This session, you will have before you a package of energy legislation to get us there. Following the lead of the Arizona Corporation Commission, we should require that – by 2025 – all electric utilities provide 15 percent of their electricity from renewable sources. Likewise, at least ten percent of fuel sold in Arizona should be low in carbon emissions. Next, let’s replace the current crazy quilt of local energy conservation rules with real statewide minimum standards for new construction, then ensure that every new building in Arizona is built to meet them. Finally, let’s address climate change and JOURNAL OF THE SENATE Monday, January 14, 2008 8 greenhouse gas emissions by creating new energy efficiency standards for appliances; new opportunities to generate and use renewable energy; and standards to reduce emissions of harmful pollutants such as diesel exhaust. Taken together, this work will allow us to move Arizona forward toward a vision of a stable climate and sustainability. Population growth, combined with climate change and its resulting drought, will make water an ever-present factor in Arizona’s future. Through our laws, ordinances and building codes, we must continue to emphasize conservation, as well as preservation of riparian habitat, as we develop new water infrastructure for our state. From transportation to state trust land to energy to water, we have a statewide vision for our future. Our statewide growth policies will encourage planning that is comprehensive and includes all levels of government – town, city, county and tribal. We all have to be on the same page. We are many communities, but we are One Arizona, and we must work together so our story for the future reflects that. Chapter Five in Arizona’s story is health care. We’ve come a long way in five years. Then, Arizona’s health care workforce couldn’t keep up with our growth; the cost of prescription drugs was outside the reach of many Arizonans, with little help available. And we were stuck in the age of paper, not maximizing technology to electronically connect patients and providers with medical records. Now, we have a new medical campus in Phoenix; we have nearly doubled enrollment in programs for registered nurses; and the CoppeRx Card has saved Arizonans millions on prescription drugs. More children than ever get well-child check-ups, and more families can learn about health insurance for their children through KidsCare. And we have received more than 16 million dollars in federal grants because of our leading-edge work in electronic health care systems. This is good work. Now, we need to do more, because, for too many Arizona families, the doors to health care remain shut. As I’ve traveled the state, I’ve heard the same stories again and again: someone loses a job, or they work for a small business that is not able to provide health care. Or, a child in the family has an ongoing health condition that prices insurance way beyond their reach. It’s time to face the facts: families need health care. Children, in particular, need and deserve a healthy start. KidsCare is an effective program, and we know it works, so let’s build on that success. Let’s allow families – who are currently shut out of the health care system – to buy health insurance for their children at the parents’ cost, with no subsidy from the state’s general fund. For parents fighting for health care for their children, this new program – call it “KidsShare” – would be a viable option. We would begin to open the doors to health care in a way that’s fair and responsible. Next we need to expand the amount of time a child can stay insured. Children become young adults; and young adults are the fastest-growing group of uninsured in our state. They live lives that involve part-time and entry-level jobs that increasingly don’t offer health benefits; they also, way too often, gamble that they will never get sick. We can’t afford that gamble. Small health problems, left unattended, can become big and very expensive conditions the state may have to pay for. These young people should be able to maintain the health care they’ve grown up with. I have directed the Department of Administration to find ways for the State Health Insurance plan to allow all young adults – up to the age of 25 – to continue coverage on their parents’ insurance, so long as this can be done in a way that is cost-neutral to taxpayers. I ask you to expand this concept to the private insurance market so that more of our young people are insured. JOURNAL OF THE SENATE Monday, January 14, 2008 9 Those who can afford health insurance still need our help. Finding good health care is hard; understanding health care insurance plans can feel like a hopeless pursuit. I ask you to require that insurance companies supply the state with timely, accurate information about their plans, and the sticker prices for their coverage. The state will then publicize this information in a clear, consumer-friendly way. It seems simple – because it is. And it is also necessary. For our seniors, we should continue to build on last year’s work, and reward the highest-quality nursing home care providers. The state will pay more money to those nursing homes who offer better quality care that leads to their residents having the best health outcomes. My budget will accomplish this, and as a result, we will prevent even more devastating conditions down the road. Next, we will continue our work to grow Arizona’s health care workforce to match our growing population. In my budget, I propose that we triple the state funding for our loan repayment program to recruit physicians, nurse practitioners and dentists to work in underserved areas, such as rural and tribal communities. Again, it will be a cost-neutral action. Finally, let’s continue the work we’ve begun for our veterans. They served for us; it’s our turn to serve for them. Arizona’s more than 600,000 veterans deserve to receive the benefits they have earned. Veterans’ Benefits Counselors – who work for the state – are experts in finding those benefits, and connecting them to the military men and women who need them. We will continue to aggressively expand the number of these counselors across all parts of the state. By the end of this year, there will be an Arizona veterans’ benefits counselor within an hour’s drive of virtually every veteran in our state. Last year, I met with our state’s leaders in health care, and there was remarkable consensus on the ideas that should move us forward: health care should be within the reach of our citizens; Arizona’s health care system should be simple and smart; it should promote care that is efficient and effective; and base care decisions on prevention and staying well, rather than merely treating the sick. The proposals I’ve outlined today further these principles, and move Arizona forward toward an accessible, affordable, and high-quality health care system. These are the five chapters we are weaving into the story of Arizona’s future. It is a powerful narrative, one of progress, action and success. It is not one we can allow to be cut short because of a temporary economic condition. Yet, that’s just what some are calling for: harsh cuts that are unwise and unnecessary. Let me tell you a few things that this budget shortfall is not. It is not permanent. It is not a sign that Arizona’s growth will stall, or that this wonderful place we call home will become less desirable. More important, it is not an excuse to stop working toward what we all believe in. Now, let’s look at a few things this shortfall is: It is an opportunity to make government even more efficient and effective. Over the past five years, my Efficiency Review team has identified more than $1 billion that we have saved, through measures like improving procurement and reducing paperwork. We will continue this year to find innovative ways to make our tax dollars work their hardest. I have also prepared a package of more than 50 boards, commissions and agencies that can be either merged – with their functions performed elsewhere – or eliminated. These are reforms that make sense in our changing times. The shortfall also is an opportunity to do what business does: invest in infrastructure so we are fully prepared to capitalize on the economic good times, when they return. I have presented you with a plan for balancing this year’s budget. I began the first leg of that plan last July, by instructing state agencies on where to cut their spending. I now ask you to implement the other two legs of the plan to balance our budget this year: pass bills allowing us to finance the construction of new schools, and to use part of the “rainy day” savings account that we’ve built up precisely for this purpose. JOURNAL OF THE SENATE Monday, January 14, 2008 10 We must remember that Arizonans years from now won’t ask how we balanced the budget. Instead, they’ll ask how we improved education, ensured their safety, built a prosperous economy, and planned for explosive growth. State government must live within its means – so the budget I will deliver to you for our next budget year, fiscal year 2009, will be balanced, and will not raise taxes. That’s important work, but as I’ve said, the ins and outs of balancing a budget can’t – and won’t – be Arizona’s story. I believe, with every fiber of my being, that we cannot squeeze the areas most critical to our success. In this competitive and fast-moving world, we must continue to write our own story; otherwise, we give in and allow it to be written for us. Because the story we’re writing is not about mediocrity. The story of Arizona’s future is about how great promise overcomes great challenge. It’s about the hard-working people of this state who don’t want much from government, just concrete action on issues that affect them, and policies that allow them to flourish with their own natural abilities. Our story is also about a government that lived up to its end of the bargain, and didn’t give up when the going got a little tough. The story of Arizona’s future is about how we put our shoulders to the wheel together to achieve our dreams. Next month, the Super Bowl will come to Glendale, and the eyes of the world will be on our state. What a great opportunity to show our accomplishments while we challenge ourselves for our future. We all have great hopes for Arizona. Let us have the courage today to rededicate ourselves to those hopes. Even in the face of challenges, we must make our dreams of today the reality of tomorrow. My friends, we are writing the story of Arizona’s future. Let’s make it a classic. The Joint Committee escorted the Governor from the House Chamber. At 2:26 p.m. the Joint Session of the Second Regular Session of the Forty-eighth Legislature was dissolved. TIM BEE President of the Senate CHARMION BILLINGTON Secretary of the Senate JAMES P. WEIERS Speaker of the House NORM MOORE Chief Clerk of the House RECONVENE The President called the Senate to order at 2:37 p.m. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1001: An Act amending section 12-761, ARS; relating to advertising. Referred to Committee on Commerce and Economic Development. Senate Bill 1002: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971, 15-974, 37-521, 41-1276, 42-17051 and 48-3620, ARS; amending section 41-1276, ARS, as amended by this act; relating to the state equalization assistance property tax. Referred to Committee on Finance. Senate Bill 1003: An Act amending section 13-708, ARS; relating to sentencing. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 14, 2008 11 Senate Bill 1004: An Act amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Bill 1005: An Act amending sections 5-395.01, 9-499.07 and 11-459, ARS; relating to home detention. Referred to Committee on Public Safety and Human Services. Senate Bill 1006: An Act amending sections 32-127, 32-327, 32-517, 32-535, 32-544, 32-564, 32-730, 32-829, 32-923, 32-1025, 32-1125, 32-1236, 32-1287, 32-1297.06 and 32-1331, ARS; repealing section 32-1332, ARS; amending sections 32-1386, 32-1394.02, 32-1430, 32-1526, 32-1642, 32-1684, 32-1825, 32-1925, 32-2027, 32-2074, 32-2130, 32-2218, 32-2247, 32-2248, 32-2292, 32-2312, 32-2313, 32-2374, 32-2407, 32-2523, 32-2607, 32-2816, 32-2915, 32-3273, 32-3426, 32-3525, 32-3619, 32-3652, 32-3925, 32-4023, 32-4124, 32-4225 and 32-4226, ARS; amending title 32, ARS, by adding chapter 43; amending section 36-1904, ARS; relating to professional licenses. Referred to Committee on Government. Senate Bill 1007: An Act amending section 28-1383, ARS; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Bill 1008: An Act amending title 28, chapter 3, article 4, ARS, by adding section 28-677; amending sections 28-1387, 28-3002, 28-3004 and 28-3473, ARS; relating to traffic accidents. Referred to Committees on Transportation; Public Safety and Human Services. Senate Bill 1009: An Act amending title 13, ARS, by adding chapter 46; amending sections 26-102, 41-619.51, 41-1758 and 41-1758.01, ARS; amending title 26, chapter 1, article 1, ARS, by adding section 26-103; relating to military reservations and facilities security. Referred to Committees on Judiciary; Government. Senate Bill 1010: An Act amending title 44, chapter 11, ARS, by adding article 23; relating to wireless telephone services. Referred to Committee on Commerce and Economic Development. Senate Bill 1011: An Act amending section 13-3727, ARS; relating to residency restrictions. Referred to Committee on Judiciary. Senate Bill 1012: An Act amending sections 15-1854 and 15-1855, ARS; relating to the commission on postsecondary education. Referred to Committee on Higher Education. Senate Bill 1013: An Act amending sections 14-5701 and 25-681, ARS; relating to arrest warrants. Referred to Committee on Judiciary. Senate Bill 1014: An Act amending section 38-211, ARS; relating to public officers. Referred to Committee on Judiciary. Senate Bill 1015: An Act amending section 16-246, ARS, as amended by Laws 2007, chapter 183, section 3; repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; relating to presidential preference elections. Referred to Committee on Judiciary. Senate Bill 1016: An Act amending section 13-1419, ARS; relating to sexual offenses. Referred to Committee on Judiciary. Senate Bill 1017: An Act amending section 38-1102, ARS; relating to peace officers. Referred to Committee on Judiciary. Senate Bill 1018: An Act amending section 12-1178, ARS; relating to the writ of restitution. Referred to Committee on Judiciary. Senate Bill 1019: An Act amending sections 33-1248 and 33-1804, ARS; relating to condominiums and planned communities. Referred to Committee on Government. Senate Bill 1020: An Act amending title 28, chapter 16, article 3, ARS, by adding section 28-5813; relating to the vehicle license tax. Referred to Committees on Transportation; Finance. JOURNAL OF THE SENATE Monday, January 14, 2008 12 Senate Bill 1021: An Act amending section 13-3825, ARS; relating to community notification. Referred to Committee on Judiciary. Senate Bill 1022: An Act amending section 21-428, ARS; relating to jurors. Referred to Committee on Judiciary. Senate Bill 1023: An Act amending section 20-2309, ARS; relating to accountable health plans. Referred to Committee on Health. Senate Bill 1024: An Act amending section 16-916, ARS; relating to campaign contributions and expenses. Referred to Committee on Government. Senate Bill 1025: An Act amending section 15-891, ARS; relating to Arizona scholarships for pupils with disabilities. Referred to Committee on Education K-12. Senate Bill 1026: An Act repealing section 41-3008.19, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.19; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1027: An Act repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; repealing section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to elections and electors. Referred to Committee on Judiciary. Senate Bill 1028: An Act repealing section 23-362, ARS, as amended by Laws 1997, chapter 51, section 1; relating to wages. Referred to Committee on Commerce and Economic Development. Senate Bill 1029: An Act repealing section 48-4831, ARS, as amended by Laws 1993, chapter 144, section 1; relating to active management area water districts. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1030: An Act repealing section 9-500.11, ARS, as amended by Laws 2005, chapter 105, section 2; relating to municipal economic development. Referred to Committee on Commerce and Economic Development. Senate Bill 1031: An Act amending sections 15-2002 and 15-2041, ARS; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1032: An Act amending sections 15-341, 15-2002, 15-2022 and 15-2031, ARS; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1033: An Act amending section 28-3319, ARS; relating to driving under the influence. Referred to Committees on Public Safety and Human Services; Transportation. Senate Bill 1034: An Act amending title 44, ARS, by adding chapter 35; relating to termination of wireless telephone service contracts by military personnel. Referred to Committee on Commerce and Economic Development. Senate Bill 1035: An Act amending title 15, chapter 14, article 1, ARS, by adding section 15-1809; relating to community colleges and universities. Referred to Committees on Higher Education; Appropriations. Senate Bill 1036: An Act amending section 13-708, ARS; relating to sentencing. Referred to Committee on Judiciary. Senate Bill 1037: An Act amending section 28-2409, ARS; relating to special license plates. Referred to Committee on Transportation. Senate Bill 1038: An Act amending section 44-1453, ARS; relating to the registration and protection of trademarks and service marks. Referred to Committee on Commerce and Economic Development. Senate Bill 1039: An Act amending section 28-737, ARS; relating to high occupancy vehicle lanes. Referred to Committee on Transportation. JOURNAL OF THE SENATE Monday, January 14, 2008 13 Senate Bill 1040: An Act amending sections 38-711 and 38-727, ARS; relating to the Arizona state retirement system. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1041: An Act amending sections 28-737 and 28-2416, ARS; relating to high occupancy vehicle lanes. Referred to Committee on Transportation. Senate Bill 1042: An Act amending sections 28-7702 and 28-7745, ARS; relating to toll roads. Referred to Committee on Transportation. Senate Bill 1043: An Act amending title 6, chapter 7, article 3, ARS, by adding section 6-841.04; relating to escrow agents. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1044: An Act amending section 27-423, ARS; relating to operation of mines. Referred to Committee on Rules. Senate Bill 1045: An Act amending section 15-1805, ARS; relating to universities and community colleges. Referred to Committee on Rules. Senate Bill 1046: An Act amending title 35, chapter 1, article 1, ARS, by adding section 35-104; relating to the department of education budget. Referred to Committees on Appropriations; Education K-12. Senate Bill 1047: An Act amending sections 15-816.01 and 15-923, ARS; relating to open school enrollment. Referred to Committee on Education K-12. Senate Bill 1048: An Act amending section 28-1303, ARS; relating to the oversight council on driving or operating under the influence abatement. Referred to Committee on Public Safety and Human Services. Senate Bill 1049: An Act amending title 8, chapter 1, article 1, ARS, by adding section 8-116.02; relating to adoption. Referred to Committee on Public Safety and Human Services. Senate Bill 1050: An Act repealing section 32-4009, ARS; amending section 32-4023, ARS; relating to the board of certified reporters. Referred to Committee on Commerce and Economic Development. Senate Bill 1051: An Act amending sections 15-1854 and 15-1855, ARS; relating to the commission for postsecondary education. Referred to Committee on Higher Education. Senate Bill 1052: An Act amending section 43-206, ARS; relating to urban revenue sharing. Referred to Committees on Public Safety and Human Services; Appropriations. Senate Bill 1053: An Act amending section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to elections. Referred to Committee on Judiciary. Senate Bill 1054: An Act amending sections 41-172, 41-191.09 and 41-192, ARS; relating to the office of the state treasurer. Referred to Committee on Government. Senate Bill 1055: An Act repealing section 41-3008.11, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.11; relating to the Arizona civil rights advisory board. Referred to Committee on Judiciary. Senate Bill 1056: An Act repealing section 41-3008.01, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3015.11; relating to the law enforcement merit system council. Referred to Committee on Judiciary. Senate Bill 1057: An Act amending section 38-1101, ARS; relating to law enforcement officer representation. Referred to Committee on Judiciary. Senate Bill 1058: An Act amending title 33, chapter 16, article 1, ARS, by adding section 33-1817; relating to planned communities. Referred to Committee on Government. Senate Bill 1059: An Act repealing section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to conduct of elections. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 14, 2008 14 Senate Bill 1060: An Act amending section 38-1101, ARS; relating to law enforcement officer employment interviews. Referred to Committees on Public Safety and Human Services; Government. Senate Bill 1061: An Act amending title 38, chapter 3, article 4, ARS, by adding section 38-449; relating to elected officials. Referred to Committee on Government. Senate Bill 1062: An Act amending sections 13-703, 13-703.04, 13-713 and 13-1105, ARS; amending section 13-703.01, ARS, as amended by Laws 2005, chapter 325, section 3; amending section 13-703.01, ARS, as amended by Laws 2005, chapter 325, section 4; relating to sentencing; providing for conditional enactment. Referred to Committee on Judiciary. Senate Bill 1063: An Act amending section 15-808, ARS; relating to school attendance requirements. Referred to Committee on Education K-12. Senate Bill 1064: An Act amending section 16-241, ARS; amending section 16-246, ARS, as amended by Laws 2007, chapter 183, section 3; repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; relating to the presidential preference election. Referred to Committee on Judiciary. Senate Bill 1065: An Act amending section 13-1814, ARS; relating to theft. Referred to Committee on Judiciary. Senate Bill 1066: An Act amending section 13-1814, ARS; relating to theft. Referred to Committee on Judiciary. Senate Bill 1067: An Act amending section 13-604, ARS, as amended by Laws 2007, chapter 248, section 1; repealing section 13-604, ARS, as amended by Laws 2007, chapter 287, section 1; amending sections 13-4062, 31-412, 41-1604.11 and 41-1604.13, ARS; blending multiple enactments; relating to sentencing. Referred to Committee on Judiciary. Senate Bill 1068: An Act amending section 13-4033, ARS; relating to criminal appeals. Referred to Committee on Judiciary. Senate Bill 1069: An Act amending sections 41-619.52, 41-619.53, 41-619.55 and 41-1758.01, ARS; relating to the board of fingerprinting. Referred to Committee on Government. Senate Bill 1070: An Act amending section 13-3112, ARS; relating to weapons. Referred to Committee on Judiciary. Senate Bill 1071: An Act amending section 16-461, ARS; relating to conduct of elections. Referred to Committee on Judiciary. Senate Bill 1072: An Act amending section 36-2903.03, ARS; relating to the Arizona health care cost containment system. Referred to Committee on Health; Public Safety and Human Services. Senate Bill 1073: An Act amending sections 42-1001 and 43-105, ARS; relating to taxation. Referred to Committee on Finance. Senate Bill 1074: An Act amending section 6-384, ARS; relating to the deposit of fiduciary funds. Referred to Committee on Rules. Senate Bill 1075: An Act amending section 20-663, ARS; relating to the Arizona property and casualty insurance guaranty fund. Referred to Committee on Rules. Senate Bill 1076: An Act amending title 9, chapter 4, article 8, ARS, by adding section 9-499.13; relating to municipal regulations. Referred to Committee on Government. Senate Bill 1077: An Act amending title 41, ARS, by adding chapter 44; relating to missing persons or unidentified human remains. Referred to Committees on Public Safety and Human Services; Judiciary. Senate Bill 1078: An Act amending sections 32-1401 and 32-1854, ARS; relating to professions and occupations. Referred to Committee on Health. JOURNAL OF THE SENATE Monday, January 14, 2008 15 Senate Bill 1079: An Act amending section 43-1089.01, ARS; relating to individual income tax credits. Referred to Committee on Education K-12. Senate Bill 1080: An Act amending sections 5-302, 5-321.01, 5-349, 5-391, 5-395, 5-395.01, 5-395.02, 5-395.03, 5-395.04, 5-396, 5-397 and 28-1304, ARS; relating to boating. Referred to Committees on Public Safety and Human Services; Transportation. Senate Bill 1081: An Act amending section 15-808, ARS; relating to school attendance. Referred to Committee on Education K-12. Senate Bill 1082: An Act amending section 48-4023, ARS; relating to county jail district property taxes. Referred to Committees on Finance; Government. Senate Bill 1083: An Act amending sections 28-2351, 28-2403, 28-2405, 28-6501, 28-6991, 28-6993 and 41-608, ARS; amending title 28, chapter 7, article 12, ARS, by adding section 28-2429; relating to gold star family special plates. Referred to Committees on Transportation; Appropriations. Senate Bill 1084: An Act extending the time for completion of the enduring freedom memorial in Wesley Bolin plaza. Referred to Committee on Government. Senate Concurrent Memorial 1001: A Concurrent Memorial urging the United States Congress to enact a permanent internet access tax moratorium. Referred to Committee on Finance. Senate Memorial 1001: A Memorial urging the Congress of the United States to provide adequate funding to improve men's health in the United States. Referred to Committee on Health. ADJOURNMENT Upon motion of Senator Arzberger and agreed to, the Senate adjourned at 2:45 p.m. until Tuesday, January 15, 2008 at 11:30 a.m. or upon adjournment of Joint Caucus. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 16 JOURNAL OF THE SENATE Tuesday, January 15, 2008 Second Day The Senate session scheduled to convene at 11:30 a.m. was called to order at 11:56 a.m. Becky Sirrine, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Allen. The following Senators answered on roll call: PRESENT: Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, Pesquiera, Rios, Soltero, Tibshraeny, Waring, President Bee--23 ABSENT: Aboud, Aguirre, O'Halleran, Verschoor--4 EXCUSED: Flake, Harper, Johnson--3 Senator Aguirre was seated at 12:00 noon. Senator Aboud was seated at 12:03 p.m. JOURNAL The President announced that without objection, reading of the Journal of Monday, January 14, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1085: An Act amending section 36-2244, ARS; relating to ambulances and ambulance services. Senate Bill 1086: An Act amending section 20-284, ARS; repealing Laws 2005, chapter 126, section 3; relating to insurance producers. Senate Bill 1087: An Act amending section 4-244.05, ARS; relating to liquor prohibitions. Senate Bill 1088: An Act amending sections 11-502, 12-1116, 15-1029, 15-1485, 15-1688, 17-290, 23-1065, 35-131, 35-141, 35-142, 35-185, 35-187, 35-196.02, 35-196.03, 35-196.04, 35-310, 35-311, 35-312, 35-313, 35-317, 35-318, 35-321, 35-402, 35-404, 35-427, 35-428, 35-429, 36-1903, 41-172, 41-732, 41-739, 48-1067, 48-4548 and 48-5170, ARS; relating to the state treasurer. Senate Bill 1089: An Act amending section 36-2152, ARS; relating to abortion. Senate Bill 1090: An Act amending section 41-1758.03, ARS; relating to the fingerprinting division. Senate Bill 1091: An Act amending sections 32-1422, 32-1430, 32-1451 and 41-1005, ARS; relating to the Arizona medical board. Senate Bill 1092: An Act making appropriations to the department of health services for mental health research. Senate Bill 1093: An Act amending sections 20-1691 and 20-1691.03, ARS; amending title 20, chapter 6, article 15, ARS, by adding section 20-1691.12; relating to long-term care insurance. Senate Bill 1094: An Act amending section 4-244, ARS; relating to liquor licenses. Senate Bill 1095: An Act amending section 41-2124.01, ARS, as amended by Laws 2007, chapter 292, section 12; amending section 41-2124.01, ARS, as amended by Laws 2007, chapter 292, section 13; relating to motor fuel; providing for conditional enactment. JOURNAL OF THE SENATE Tuesday, January 15, 2008 17 Senate Bill 1096: An Act amending section 36-136, ARS; relating to the department of health services. Senate Concurrent Resolution 1001: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 36 and 41, Constitution of Arizona; relating to the judicial department. Senate Concurrent Resolution 1002: A Concurrent Resolution proposing amendments to the Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona; amending article IV, part 2, section 1, Constitution of Arizona; repealing article V, section 1, Constitution of Arizona, as amended by 1991 House Concurrent Resolution 2001 and designated as proposition 100; amending article V, section 1, Constitution of Arizona, as amended by a 1992 initiative measure designated as proposition 107; amending article V, sections 6, 7, 9, 10, 11 and 12, Constitution of Arizona; amending article VI, sections 26 and 38, Constitution of Arizona; amending article XII, section 5, Constitution of Arizona; amending article XIII, section 2, Constitution of Arizona; amending article XXI, section 1, Constitution of Arizona; combining multiple enactments; relating to the office of lieutenant governor. Senate Concurrent Resolution 1003: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; repealing article IX, sections 18 and 19, Constitution of Arizona; amending article IX, Constitution of Arizona, by adding a new section 18; relating to property taxation. Senate Concurrent Resolution 1004: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, section 14, Constitution of Arizona; relating to superior court original jurisdiction. Senate Concurrent Resolution 1005: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending the Constitution of Arizona by adding article XXX; relating to human cloning. Senate Concurrent Resolution 1006: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article II, section 24, Constitution of Arizona; relating to jury trials. Senate Concurrent Resolution 1007: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to the homeland security committee and force. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, Senate Concurrent Memorial 1001, Senate Memorial 1001 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 14) Senate Bill 1084, do pass Judiciary, Senator Chuck Gray, Chairman (January 14) Senate Bill 1015, do pass amended JOURNAL OF THE SENATE Tuesday, January 15, 2008 18 Senate Bill 1016, do pass Senate Bill 1017, do pass amended Senate Bill 1018, do pass Senate Bill 1071, do pass ADJOURNMENT Upon motion of Senator Blendu and agreed to, the Senate adjourned at 12:11 p.m. until Wednesday, January 16, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 19 Wednesday, January 16, 2008 Third Day The Senate convened at 1:00 p.m. Jamie Bennett, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Aguirre. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burton Cahill, Cheuvront, Flake, Garcia, Gould, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Soltero, Verschoor, Waring, President Bee--19 ABSENT: Hale, Johnson, Leff, McCune Davis, Miranda, O’Halleran, Pesquiera--7 EXCUSED: Burns, Gorman, Rios, Tibshraeny--4 Senators Hale, Leff, Miranda, O’Halleran, Pesquiera, Rios and Tibshraeny were seated at 1:07 p.m. Senators Johnson and McCune Davis were seated at 1:08 p.m. JOURNAL The President announced that without objection, reading of the Journal of Tuesday, January 15, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1104: An Act amending section 15-808, ARS; relating to school attendance requirements. Senate Bill 1105: An Act amending title 42, chapter 1, ARS, by adding article 7; relating to requirements for tax expenditures; providing for conditional enactment. Senate Bill 1106: An Act amending section 13-3112, ARS; relating to weapons. Senate Bill 1107: An Act amending section 25-214, ARS; relating to property rights and contract powers. Senate Concurrent Resolution 1008: A Concurrent Resolution proposing amendments to the Constitution of Arizona; amending article IX, section 22, Constitution of Arizona; amending article IX, Constitution of Arizona, by adding section 24; relating to state revenue and taxation. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1097: An Act amending section 41-3501, ARS; relating to the government information technology agency. Referred to Committee on Government. Senate Bill 1098: An Act amending title 36, chapter 1, article 2, ARS, by adding section 36-135.01; relating to the department of health services. Referred to Committees on Health; Appropriations. Senate Bill 1099: An Act amending section 13-3603.01, ARS; relating to family offenses. Referred to Committee on Judiciary. Senate Bill 1100: An Act amending section 25-323.02, ARS; relating to domestic relations. Referred to Committee on Public Safety and Human Services. JOURNAL OF THE SENATE Wednesday, January 16, 2008 20 Senate Bill 1101: An Act amending section 8-514.04, ARS; making an appropriation; relating to child welfare and placement. Referred to Committees on Public Safety and Human Services; Appropriations. Senate Bill 1102: An Act amending section 36-2152, ARS; relating to abortion. Referred to Committee on Public Safety and Human Services. Senate Bill 1103: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section 41-1234; relating to lobbyists. Referred to Committee on Government. REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1085: to Rules Senate Bill 1086: to Financial Institutions, Insurance and Retirement Senate Bill 1087: to Commerce and Economic Development Senate Bill 1088: to Government Senate Bill 1089: to Public Safety and Human Services Senate Bill 1090: to Rules Senate Bill 1091: to Health Senate Bill 1092: to Health; Appropriations Senate Bill 1093: to Health; Financial Institutions, Insurance and Retirement Senate Bill 1094: to Commerce and Economic Development Senate Bill 1095: to Natural Resources and Rural Affairs Senate Bill 1096: to Government SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 14) Senate Bill 1024, do pass amended Transportation, Senator Gould, Chairman (January 15) Senate Bill 1020, do pass Senate Bill 1033, do pass Senate Bill 1037, do pass ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:10 p.m. until Thursday, January 17, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 21 Thursday, January 17, 2008 Fourth Day The Senate convened at 1:00 p.m. Brittany Kropf, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Allen. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Cheuvront, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Soltero, Tibshraeny, Verschoor, Waring, President Bee--24 EXCUSED: Aboud, Burton Cahill, Flake, Johnson, Pesquiera, Rios--6 Senator Pesquiera was seated at 1:07 p.m. JOURNAL The President announced that without objection, reading of the Journal of Wednesday, January 16, 2008 was dispensed with and approved as recorded by the Secretary. PRIVILEGES OF THE FLOOR Privileges of the floor were extended to former President of the Senate Carl Kunasek. MESSAGES FROM THE HOUSE (January 16, 2008) In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of Representatives request the consent of the Senate to adjourn the Forty-eighth Legislature, Second Regular Session, after it has completed its labors Thursday, January 17, 2008, until Tuesday, January 22, 2008. Senator Verschoor moved that the Senate accede to the request of the House of Representatives, Forty-eighth Legislature, Second Regular Session to adjourn from Thursday, January 17, 2008, after its labors are completed, until Tuesday, January 22, 2008. The motion carried and the Secretary notified the House. BUSINESS ON THE PRESIDENT’S DESK Senator Verschoor moved in compliance with Article IV, Part 2, Section 9, Constitution of Arizona, that the Senate, Forty-eighth Legislature, Second Regular Session request consent of the House of Representatives for the Senate to adjourn on Thursday, January 17, 2008, after it has completed its labors, until Tuesday, January 22, 2008. The motion carried and the Secretary notified the House. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1108: An Act amending section 41-4258, ARS; relating to the homeland security advisory council. Senate Bill 1109: An Act amending title 36, chapter 1, article 1, ARS, by adding section 36-113; relating to the department of health services. Senate Bill 1110: An Act amending sections 5-382, 15-2005 and 35-143.01, ARS; repealing sections 15-774, 15-2004, 41-1504.01, 41-1504.02, 41-1515 and 41-2307, ARS; relating to state funds. Senate Bill 1111: An Act amending section 15-977, ARS; relating to school finance. Senate Bill 1112: An Act amending section 25-318, ARS; relating to dissolution of marriage. JOURNAL OF THE SENATE Thursday, January 17, 2008 22 Senate Bill 1113: An Act amending section 36-663, ARS; relating to communicable disease information. Senate Bill 1114: An Act amending section 32-1101.01, ARS; relating to contractors. Senate Bill 1115: An Act amending section 15-1647, ARS; relating to universities. Senate Bill 1116: An Act repealing section 41-3008.12, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.12; relating to physician assistants. Senate Bill 1117: An Act amending section 36-422, ARS; relating to health care institutions. Senate Bill 1118: An Act amending section 15-1481, ARS; relating to community colleges. Senate Bill 1119: An Act amending section 15-1402, ARS; relating to community colleges. Senate Bill 1120: An Act amending section 37-1121, ARS; relating to the Arizona navigable stream adjudication commission. Senate Bill 1121: An Act repealing section 41-3008.08, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.08; relating to the Arizona emergency response commission. Senate Concurrent Resolution 1009: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to public agency lobbyists. REFERENCE OF BILLS Senate Bill 1098 was withdrawn from the Committee on Appropriations. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1097, 1098, 1099, 1100, 1101, 1102, 1103 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Education K-12, Senator Johnson, Chairman (January 16) Senate Bill 1025, do pass amended Finance, Senator Waring, Chairman (January 16) Senate Bill 1002, do pass amended Senate Bill 1073, do pass Health, Senator Allen, Chairman (January 17) Senate Bill 1078, do pass RECESS At 1:11 p.m. the Senate stood at recess subject to the sound of the gavel. JOURNAL OF THE SENATE Thursday, January 17, 2008 23 RECONVENE The President called the Senate to order at 1:21 p.m. MESSAGES FROM THE HOUSE (January 17, 2008) In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of Representatives, Forty-eighth Legislature, Second Regular Session has acceded to the request of the Senate to adjourn Thursday, January 17, 2008, after it has completed its labors until Tuesday, January 22, 2008. ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:24 p.m. until Tuesday, January 22, 2008 at 10:00 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 24 JOURNAL OF THE SENATE Tuesday, January 22, 2008 Ninth Day The Senate session scheduled to convene at 10:00 a.m. was called to order at 10:19 a.m. Tracey Moulton, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Arzberger. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Cheuvront, Garcia, Gorman, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--25 ABSENT: Johnson--1 EXCUSED: Aboud, Burton Cahill, Flake, Gould--4 Senator Johnson was seated at 10:22 a.m. JOURNAL The President announced that without objection, reading of the Journal of Thursday, January 17, 2008 was dispensed with and approved as recorded by the Secretary. RECESS At 10:33 a.m. the Senate stood at recess subject to the sound of the gavel following the performance of Isker Boy’s Choir from Almaty, Kazakhstan. RECONVENE The President called the Senate to order at 10:39 a.m. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1122: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1123: An Act repealing section 41-3008.20, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3010.24; relating to board of homeopathic medical examiners. Senate Bill 1124: An Act amending sections 26-305.01, 26-305.02, 30-651, 30-652, 30-722, 41-1804, 41-3016.13 and 49-104, ARS; relating to the radiation regulatory agency. Senate Bill 1125: An Act amending sections 23-418.01 and 23-901, ARS; relating to workers' compensation. Senate Bill 1126: An Act amending section 20-456, ARS; relating to insurance. Senate Bill 1127: An Act amending sections 4-202 and 4-210, ARS; relating to liquor licenses. Senate Bill 1128: An Act amending sections 32-3401, 32-3403, 32-3404, 32-3405, 32-3422, 32-3423, 32-3424, 32-3426, 32-3427, 32-3428, 32-3429, 32-3430, 32-3441 and 32-3442, ARS; changing the article heading of title 32, chapter 34, article 2, ARS, to “licensure”; repealing section 32-3421, ARS; amending title 32, chapter 34, article 2, ARS, by adding a new section 32-3421; relating to the board of occupational therapy examiners. Senate Bill 1129: An Act repealing section 41-3008.09, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.09; relating to occupational therapy. JOURNAL OF THE SENATE Tuesday, January 22, 2008 25 Senate Bill 1130: An Act establishing the state parks financing study committee. Senate Bill 1131: An Act changing the term of a public member of the state board of accountancy. Senate Bill 1132: An Act amending section 4-226, ARS; amending title 4, chapter 2, article 2, ARS, by adding section 4-229; amending sections 4-244, 4-246, 5-395.03, 13-3102, 28-1321, 28-1385, 28-3320, 28-3322 and 28-3511, ARS; relating to firearms. Senate Bill 1133: An Act amending section 23-722.01, ARS; relating to employment. Senate Bill 1134: An Act changing the designation of title 32, chapter 14, article 1, ARS, to “naturopathic physicians medical board”; amending sections 32-1501, 32-1502, 32-1505, 32-1507, 32-1522.01, 32-1523, 32-1525, 32-1551, 32-1553, 32-1555, 32-1556, 32-1581, 32-4204, 32-4205, 41-1092 and 41-3015.04, ARS; relating to the naturopathic physicians medical board. Senate Bill 1135: An Act amending section 36-2907, ARS; relating to the Arizona health care cost containment system. REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Public Safety and Human Services, Senator Gray L, Chairman (January 17) Senate Bill 1004, do pass amended ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 10:41 a.m. until Wednesday, January 23, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate (Indian Nations and Tribes Legislative Day was held in the House Chamber on Tuesday, January 22, 2008 at 10:30 a.m.) 26 JOURNAL OF THE SENATE Wednesday, January 23, 2008 Tenth Day The Senate convened at 1:00 p.m. with President Pro Tempore Blendu presiding. Reverend Monsignor Richard W. O'Keeffe, Pastor of Immaculate Conception Parish, Yuma, offered prayer. Pledge of Allegiance to the Flag was led by Senator Huppenthal. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Gorman, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Waring--21 ABSENT: Aboud, Johnson, Miranda, Verschoor--4 EXCUSED: Flake, Garcia, Gould, Hale, President Bee--5 Senator Johnson was seated at 1:05 p.m. Senator Verschoor was seated at 1:10 p.m. Senator Miranda was seated at 1:14 p.m. JOURNAL President Pro Tempore Blendu announced that without objection, reading of the Journal of Tuesday, January 22, 2008 was dispensed with and approved as recorded by the Secretary. PERSONAL PRIVILEGE Senator Arzberger read in full a Proclamation on Arizona Aviation Day as follows: Proclamation Arizona Aviation Day WHEREAS, an efficient and reliable aviation system is a critical element of Arizona’s overall transportation system and the vitality of our state’s economy; and WHEREAS, the aviation industry had a $38.7 billion impact on Arizona’s economy in 2007; and WHEREAS, over the next twenty years the total number of passengers at all twelve commercial service airports in the state is expected to nearly double; as well as the amount of cargo passing through our airports is expected to more than double; and WHEREAS, the total number of general aviation aircraft based in Arizona is expected to increase by more than 30 percent over the next twenty years; NOW THEREFORE, we, the Arizona State Senate, do hereby proclaim January 23, 2008, Arizona Aviation Day. Dated this 23rd day of January, 2008, Arizona State Senate /s/ Timothy S. Bee /s/ Marsha Arzberger President, Arizona State Senate Democratic Leader, Arizona State Senate INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1136: An Act amending sections 5-396, 13-701, 28-1383, 28-8288 and 31-201.01, ARS; amending title 31, chapter 1, article 2, ARS, by adding section 31-133; relating to prisoners. JOURNAL OF THE SENATE Wednesday, January 23, 2008 27 Senate Bill 1137: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1138: An Act amending sections 9-463.05, 9-500.18 and 11-1102, ARS; relating to local development fees. Senate Bill 1139: An Act amending sections 35-313, 35-316, 35-323.01 and 41-177, ARS; relating to the state treasurer. Senate Bill 1140: An Act amending sections 5-395.01, 5-396, 5-397 and 28-1381, ARS; amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; amending sections 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288, ARS; amending title 41, chapter 12, article 2, ARS, by adding section 41-1722; making an appropriation; relating to law enforcement safety equipment. Senate Bill 1141: An Act amending section 36-2263, ARS; relating to automated external defibrillators. Senate Bill 1142: An Act amending sections 41-1682, 41-1683 and 41-1830.31, ARS; relating to private prisons. Senate Bill 1143: An Act amending section 36-1938, ARS; relating to hearing aid dispensers. Senate Bill 1144: An Act amending section 36-2244, ARS; relating to ambulances and ambulance services. Senate Bill 1145: An Act amending section 44-1373, ARS; relating to personal identifying information. Senate Bill 1146: An Act amending section 36-605, ARS; relating to contagious diseases. Senate Bill 1147: An Act amending section 15-1808, ARS; relating to universities and community colleges. Senate Bill 1148: An Act amending section 15-1824, ARS; relating to postsecondary education. Senate Bill 1149: An Act amending sections 36-2220, 36-2221, 36-2222 and 36-2225, ARS; making an appropriation; relating to emergency medical services. Senate Bill 1150: An Act amending section 32-2815, ARS; relating to the medical radiologic technology board of examiners. Senate Bill 1151: An Act amending section 25-211, ARS; relating to dissolution of marriage. Senate Bill 1152: An Act amending section 20-461, ARS; relating to chiropractic copayments, coinsurance or deductibles. Senate Bill 1153: An Act amending sections 13-3101, 13-3102, 13-3110 and 13-3112, ARS; relating to explosives. Senate Bill 1154: An Act amending section 13-3110, ARS; relating to explosives. Senate Bill 1155: An Act repealing section 22-504, ARS; amending title 22, chapter 5, article 1, ARS, by adding a new section 22-504; relating to the small claims divisions of the justice courts. Senate Bill 1156: An Act amending title 39, chapter 1, article 2, ARS, by adding section 39-128; relating to public records. Senate Bill 1157: An Act amending sections 42-5061, 42-5159 and 42-6004, ARS; relating to taxation. JOURNAL OF THE SENATE Wednesday, January 23, 2008 28 Senate Bill 1158: An Act repealing section 41-3008.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.02; relating to veterinarians. Senate Bill 1159: An Act amending title 12, chapter 1, article 2, ARS, by adding section 12-131; relating to the superior court. Senate Bill 1160: An Act amending sections 21-314 and 21-331, ARS; relating to juries. Senate Bill 1161: An Act amending section 13-3112, ARS; relating to weapons. Senate Bill 1162: An Act amending section 16-168, ARS; relating to registration rolls. Senate Bill 1163: An Act amending section 20-1241.01, ARS; relating to life insurance replacement policies. Senate Bill 1164: An Act amending section 29-609, ARS; relating to limited liability companies. Senate Bill 1165: An Act amending section 28-2091, ARS; relating to the salvage, seizure and dismantling of vehicles. Senate Bill 1166: An Act amending section 35-142, ARS; relating to the state treasurer. Senate Bill 1167: An Act amending section 28-776, ARS; relating to funeral escort vehicles. Senate Bill 1168: An Act amending section 3-268, ARS; amending title 3, chapter 2, ARS, by adding article 7; amending sections 3-1206, 3-1372, 3-1373, 3-1374, 3-1375, 3-1376, 3-1377, 3-1402 and 41-2706, ARS; relating to agriculture. Senate Bill 1169: An Act amending section 41-608.04, ARS; relating to the military family relief fund. Senate Bill 1170: An Act repealing section 35-504, ARS; relating to the debt oversight commission. Senate Bill 1171: An Act changing the designation of title 32, chapter 1, article 1, ARS, to "registrar of contractors"; amending sections 12-1000, 12-1001, 27-107, 27-151, 32-101, 32-106, 32-106.01, 32-106.02, 32-107, 32-108, 32-109, 32-110, 32-111, 32-112, 32-121, 32-122, 32-122.01, 32-122.02, 32-122.03, 32-122.04, 32-123, 32-124, 32-125, 32-126, 32-127, 32-128, 32-129, 32-131, 32-141, 32-144, 32-145, 32-146, 32-147, 32-148, 32-149, 32-150, 32-151, 32-152, 41-1092, 41-3014.08 and 49-218, ARS; repealing sections 32-102, 32-103, 32-104, 32-105 and 41-3016.11, ARS; relating to architects, assayers, engineers, geologists, home inspectors, landscape architects and surveyors. Senate Bill 1172: An Act amending sections 15-445 and 15-825.02, ARS; relating to school admission requirements. Senate Bill 1173: An Act amending section 23-901.01, ARS; relating to workers' compensation. Senate Bill 1174: An Act amending sections 8-135, 8-550.01, 12-113, 12-135, 12-284, 12-305, 33-502, 36-3002, 38-233, 38-810 and 41-126, ARS; amending title 41, chapter 1, article 4, ARS, by adding section 41-178; amending sections 41-312, ARS; amending title 41, chapter 2, article 2, ARS, by adding section 41-314; amending sections 41-315, 41-317, 41-322 and 41-330, ARS; repealing section 41-332, ARS; amending section 41-2402, ARS; relating to notary public registration. Senate Concurrent Resolution 1010: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, section 27, Constitution of Arizona; relating to the judicial department. Senate Concurrent Resolution 1011: A Concurrent Resolution proposing an amendment to the Constitution of Arizona, amending article VI, section 42, Constitution of Arizona; relating to the judicial department. JOURNAL OF THE SENATE Wednesday, January 23, 2008 29 REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1104: to Education K-12 Senate Bill 1105: to Finance Senate Bill 1106: to Judiciary Senate Bill 1107: to Public Safety and Human Services Senate Bill 1108: to Government Senate Bill 1109: to Health; Public Safety and Human Services Senate Bill 1110: to Appropriations Senate Bill 1111: to Education K-12 Senate Bill 1112: to Public Safety and Human Services Senate Bill 1113: to Health Senate Bill 1114: to Rules Senate Bill 1115: to Rules Senate Bill 1116: to Health Senate Bill 1117: to Health Senate Bill 1118: to Rules Senate Bill 1119: to Rules Senate Bill 1120: to Natural Resources and Rural Affairs Senate Bill 1121: to Government Senate Bill 1122: to Government Senate Bill 1123: to Health Senate Bill 1124: to Natural Resources and Rural Affairs Senate Bill 1125: to Commerce and Economic Development Senate Bill 1126: to Financial Institutions, Insurance and Retirement Senate Bill 1127: to Commerce and Economic Development Senate Bill 1128: to Health Senate Bill 1129: to Health Senate Bill 1130: to Natural Resources and Rural Affairs Senate Bill 1131: to Commerce and Economic Development Senate Bill 1132: to Commerce and Economic Development Senate Bill 1133: to Commerce and Economic Development Senate Bill 1134: to Health Senate Bill 1135: to Health; Appropriations ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:16 p.m. until Thursday, January 24, 2008 at 1:00 p.m. ROBERT N. BLENDU President Pro Tempore of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 30 JOURNAL OF THE SENATE Thursday, January 24, 2008 Eleventh Day The Senate convened at 1:00 p.m. Senator Allen offered prayer. Pledge of Allegiance to the Flag was led by Senator Burns. The following Senators answered on roll call: PRESENT: Aboud, Allen, Arzberger, Blendu, Burns, Flake, Garcia, Gorman, Gray C, Gray L, Hale, Harper, Johnson, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Soltero, Tibshraeny, Verschoor, Waring, President Bee--24 ABSENT: Huppenthal, Rios--2 EXCUSED: Aguirre, Burton Cahill, Cheuvront, Gould--4 Senator Huppenthal was seated at 1:07 p.m. JOURNAL The President announced that without objection, reading of the Journal of Wednesday, January 23, 2008 was dispensed with and approved as recorded by the Secretary. RECESS At 1:10 p.m.. the Senate stood at recess subject to the sound of the gavel. RECONVENE The President called the Senate to order at 2:33 p.m. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1175: An Act amending title 15, chapter 14, ARS, by adding article 9; relating to universities and community colleges. Referred to Committee on Higher Education. Senate Bill 1176: An Act amending section 32-2632, ARS; relating to security guards. Referred to Committee on Rules. Senate Bill 1177: An Act amending section 32-3619, ARS; relating to the state board of appraisal. Referred to Committee on Rules. Senate Bill 1178: An Act amending section 32-3025, ARS; relating to private postsecondary education. Referred to Committee on Rules. Senate Bill 1179: An Act amending title 36, chapter 29, article 1, ARS, by adding section 36-2905.05; relating to the Arizona health care cost containment system. Referred to Committee on Health. Senate Bill 1180: An Act repealing section 41-3008.05, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.05; relating to the state land department. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1181: An Act repealing section 41-3008.03, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.03; relating to the Arizona beef council. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1182: An Act amending sections 41-328 and 41-366, ARS; relating to notaries public. Referred to Committee on Government. Senate Bill 1183: An Act amending title 25, chapter 2, article 2, ARS, by adding section 25-216; repealing section 33-413, ARS; amending title 33, chapter 4, article 2, ARS, by adding a new section 33-413; relating to marital property and contract rights. Referred to Committees on Public Safety and Human Services; Appropriations. JOURNAL OF THE SENATE Thursday, January 24, 2008 31 Senate Bill 1184: An Act amending sections 28-1304, 28-1321 and 28-1381, ARS; amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; amending sections 28-1383, 28-1385, 28-1387, 28-1401, 28-1402, 28-1403, 28-1461, 28-1463, 28-1464, 28-3315 and 28-3319, ARS; amending title 28, chapter 4, article 4, ARS, by adding section 28-1445; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Concurrent Resolution 1012: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to identification requirements for the disbursement of public services. Referred to Committee on Public Safety and Human Services. REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1136: to Public Safety and Human Services; Appropriations Senate Bill 1137: to Government Senate Bill 1138: to Government Senate Bill 1139: to Government Senate Bill 1140: to Public Safety and Human Services; Appropriations Senate Bill 1141: to Health Senate Bill 1143: to Rules Senate Bill 1144: to Rules Senate Bill 1145: to Financial Institutions, Insurance and Retirement Senate Bill 1146: to Rules Senate Bill 1147: to Higher Education; Appropriations Senate Bill 1148: to Higher Education Senate Bill 1149: to Health; Appropriations Senate Bill 1150: to Health Senate Bill 1151: to Public Safety and Human Services Senate Bill 1152: to Health Senate Bill 1153: to Judiciary Senate Bill 1154: to Judiciary Senate Bill 1155: to Judiciary Senate Bill 1156: to Transportation Senate Bill 1157: to Finance Senate Bill 1158: to Natural Resources and Rural Affairs Senate Bill 1159: to Judiciary Senate Bill 1160: to Judiciary Senate Bill 1161: to Judiciary Senate Bill 1162: to Judiciary Senate Bill 1163: to Financial Institutions, Insurance and Retirement Senate Bill 1164: to Financial Institutions, Insurance and Retirement Senate Bill 1165: to Transportation Senate Bill 1166: to Financial Institutions, Insurance and Retirement Senate Bill 1167: to Public Safety and Human Services Senate Bill 1168: to Natural Resources and Rural Affairs; Appropriations Senate Bill 1169: to Government Senate Bill 1170: to Appropriations Senate Bill 1171: to Commerce and Economic Development; Government Senate Bill 1172: to Education K-12 Senate Bill 1173: to Commerce and Economic Development Senate Bill 1174: to Government Senate Concurrent Resolution 1001: to Judiciary Senate Concurrent Resolution 1002: to Government Senate Concurrent Resolution 1003: to Finance; Appropriations Senate Concurrent Resolution 1004: to Rules Senate Concurrent Resolution 1005: to Health Senate Concurrent Resolution 1006: to Judiciary Senate Concurrent Resolution 1007: to Government; Appropriations Senate Concurrent Resolution 1008: to Finance Senate Concurrent Resolution 1009: to Government Senate Concurrent Resolution 1010: to Judiciary Senate Concurrent Resolution 1011: to Judiciary JOURNAL OF THE SENATE Thursday, January 24, 2008 32 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 2:37 p.m. until Monday, January 28, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 33 Monday, January 28, 2008 Fifteenth Day The Senate convened at 11:30 a.m. Susan Aceves, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Burton Cahill. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--26 ABSENT: Cheuvront, Miranda--2 EXCUSED: Aboud, Landrum Taylor--2 Senator Cheuvront was seated at 11:42 a.m. JOURNAL The President announced that without objection, reading of the Journal of Thursday, January 24, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1227: An Act amending sections 32-701, 32-703, 32-721, 32-725, 32-730, 32-731, 32-742, 32-747 and 32-747.01, ARS; relating to certified public accountants. Senate Bill 1228: An Act repealing title 10, chapter 41, ARS; amending title 10, ARS, by adding a new chapter 41; relating to management of charitable funds. Senate Bill 1229: An Act amending sections 15-341 and 15-344, ARS; relating to school districts. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1185: An Act amending section 44-1695, ARS; amending title 44, chapter 11, article 6, ARS, by adding section 44-1698; relating to consumer reporting agencies and fair credit reporting. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1186: An Act amending title 12, chapter 1, article 1, ARS, by adding section 12-119.04; relating to the supreme court. Referred to Committee on Judiciary. Senate Bill 1187: An Act amending section 13-1204, ARS; relating to assault. Referred to Committee on Judiciary. Senate Bill 1188: An Act amending sections 16-131, 16-134, 16-140 and 16-181, ARS; relating to qualification and registration of electors. Referred to Committees on Judiciary; Government. Senate Bill 1189: An Act amending title 33, chapter 4, article 2, ARS, by adding section 33-425; amending sections 41-511.04 and 42-11110, ARS; relating to private historic cemeteries. Referred to Committee on Government. Senate Bill 1190: An Act amending section 11-441, ARS; relating to county sheriffs. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 28, 2008 34 Senate Bill 1191: An Act amending section 13-810, ARS; amending title 13, chapter 8, ARS, by adding section 13-814; relating to restitution and fines. Referred to Committee on Judiciary. Senate Bill 1192: An Act amending section 13-2702, ARS; relating to perjury. Referred to Committee on Judiciary. Senate Bill 1193: An Act amending section 16-222, ARS; relating to election dates. Referred to Committee on Judiciary. Senate Bill 1194: An Act amending title 41, chapter 4, ARS, by adding article 5.1; relating to outsourcing of state service positions. Referred to Committee on Government. Senate Bill 1195: An Act amending title 41, chapter 10, ARS, by adding article 5; relating to apprentices on state construction projects. Referred to Committee on Government. Senate Bill 1196: An Act amending title 23, chapter 8, ARS, by adding article 7; relating to labor organizations. Referred to Committee on Commerce and Economic Development. Senate Bill 1197: An Act amending title 23, chapter 9, ARS, by adding article 2; relating to legislative employment leave. Referred to Committee on Commerce and Economic Development. Senate Bill 1198: An Act amending section 23-777, ARS; relating to employment security. Referred to Committee on Commerce and Economic Development. Senate Bill 1199: An Act amending title 23, ARS, by adding chapter 10; relating to family leave insurance. Referred to Committees on Appropriations; Financial Institutions, Insurance and Retirement. Senate Bill 1200: An Act amending section 16-168, ARS; relating to registration rolls. Referred to Committee on Judiciary. Senate Bill 1201: An Act amending sections 44-1271 and 44-1276, ARS; amending title 44, chapter 9, article 6, ARS, by adding section 44-1283; relating to telephone solicitations. Referred to Committees on Commerce and Economic Development; Judiciary. Senate Bill 1202: An Act amending section 32-1971, ARS; amending title 32, chapter 18, article 3, ARS, by adding section 32-1974; repealing Laws 2006, chapter 337, section 7; relating to the state board of pharmacy. Referred to Committee on Commerce and Economic Development. Senate Bill 1203: An Act amending sections 6-126, 6-901, 6-903, 6-909, 6-943 and 6-947, ARS; changing the designation of title 6, chapter 9, ARS, to "mortgage brokers, mortgage bankers and loan originators"; amending title 6, chapter 9, ARS, by adding article 4; relating to loan originators. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1204: An Act amending section 28-302, ARS; relating to the state transportation board. Referred to Committee on Transportation. Senate Bill 1205: An Act amending section 45-2451, ARS; relating to the Arizona water banking authority. Referred to Committee on Rules. Senate Bill 1206: An Act amending section 3-108, ARS; relating to the department of agriculture. Referred to Committee on Rules. Senate Bill 1207: An Act amending section 13-4434, ARS; relating to victims' rights. Referred to Committee on Judiciary. Senate Bill 1208: An Act amending title 36, ARS, by adding chapter 14; relating to human cloning. Referred to Committees on Health; Judiciary. Senate Bill 1209: An Act amending section 45-1022, ARS; relating to waters. Referred to Committee on Rules. JOURNAL OF THE SENATE Monday, January 28, 2008 35 Senate Bill 1210: An Act amending section 15-1469, ARS; relating to community colleges. Referred to Committee on Higher Education. Senate Bill 1211: An Act amending sections 1-305, 11-137 and 16-204, ARS; relating to elections. Referred to Committee on Judiciary. Senate Bill 1212: An Act amending section 16-226, ARS; relating to elections and electors. Referred to Committee on Rules. Senate Bill 1213: An Act amending title 36, chapter 29, article 1, ARS, by adding section 36-2930.01; relating to the Arizona health care cost containment system. Referred to Committee on Health. Senate Bill 1214: An Act amending section 13-3102, ARS; relating to weapons. Referred to Committee on Judiciary. Senate Bill 1215: An Act amending section 15-183, ARS; relating to charter schools. Referred to Committee on Education K-12. Senate Bill 1216: An Act amending title 15, chapter 1, article 1, ARS, by adding section 15-107; relating to school pupils. Referred to Committee on Education K-12. Senate Bill 1217: An Act repealing Laws 2007, chapter 261, section 17; relating to the corrections officer retirement plan. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1218: An Act amending section 15-975, ARS; relating to school finance. Referred to Committee on Rules. Senate Bill 1219: An Act amending section 15-881, ARS; relating to extended school year programs. Referred to Committee on Rules. Senate Bill 1220: An Act amending section 28-9122, ARS; relating to public transportation authorities. Referred to Committee on Transportation. Senate Bill 1221: An Act amending section 41-1801, ARS; relating to critical infrastructure. Referred to Committee on Rules. Senate Bill 1222: An Act amending section 41-1837, ARS; relating to financial responsibility for emergency medical services. Referred to Committee on Rules. Senate Bill 1223: An Act amending title 12, chapter 5.1, article 1, ARS, by adding section 12-572; transferring and renumbering section 32-1473, ARS, for placement in title 12, chapter 5.1, article 1, ARS, as section 12-573; amending section 12-573, ARS, as transferred and renumbered by this act; relating to health care actions. Referred to Committee on Health. Senate Bill 1224: An Act amending sections 32-1401, 32-1501, 32-1854, 32-2501 and 32-3201, ARS; amending title 32, chapter 32, article 1, ARS, by adding section 32-3213; relating to health professionals. Referred to Committee on Health. Senate Bill 1225: An Act amending sections 38-747, 38-769, 38-770 and 38-775, ARS; relating to the Arizona state retirement system. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1226: An Act amending section 15-502, ARS; making an appropriation; relating to school employees. Referred to Committees on Education K-12; Appropriations. Senate Concurrent Memorial 1002: A Concurrent Memorial urging the Congress of the United States to propose an amendment to the Constitution of the United States to repeal the requirement for direct election of United States senators. Referred to Committee on Judiciary. Senate Concurrent Memorial 1003: A Concurrent Memorial urging the Congress of the United States to enact legislation clarifying the fourteenth amendment to the United States Constitution as denying citizenship to children of illegal aliens by virtue of their being born in the United States. Referred to Committee on Public Safety and Human Services. JOURNAL OF THE SENATE Monday, January 28, 2008 36 Senate Concurrent Resolution 1013: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 36 and 41, Constitution of Arizona; relating to the judicial department. Referred to Committee on Judiciary. Senate Concurrent Resolution 1014: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 12, 20, 28, 30, 35, 37, 38, 39, 40 and 41, Constitution of Arizona; relating to the judicial department. Referred to Committee on Judiciary. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, Senate Concurrent Resolution 1012 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 11:45 a.m. until Tuesday, January 29, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 37 Tuesday, January 29, 2008 Sixteenth Day The Senate convened at 11:30 a.m. Pastor David Friend, Scottsdale First Assembly Church, offered prayer. Pledge of Allegiance to the Flag was led by Senator Cheuvront. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Flake, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--26 ABSENT: Allen--1 EXCUSED: Garcia, McCune Davis, Miranda--3 Senator Allen was seated at 11:39 a.m. Senator Garcia was seated at 11:43 a.m. JOURNAL The President announced that without objection, reading of the Journal of Monday, January 28, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1230: An Act amending section 15-154, ARS; relating to school safety. Senate Bill 1231: An Act amending title 13, chapter 8, ARS, by adding section 13-824; amending title 28, chapter 4, article 4, ARS, by adding section 28-1445; relating to reimbursement for costs of conviction. Senate Bill 1232: An Act amending sections 32-2124, 32-2130 and 32-2131, ARS; relating to the real estate department. Senate Bill 1233: An Act amending title 41, chapter 23, article 1, ARS, by adding section 41-2505; relating to the state procurement code. Senate Bill 1234: An Act amending section 36-2907, ARS; relating to the Arizona health care cost containment system. Senate Bill 1235: An Act amending title 41, chapter 4, article 3, ARS, by adding section 41725; relating to state financial disclosure. Senate Bill 1236: An Act amending sections 32-1407, 32-1806 and 32-1904, ARS; changing the designation of title 32, chapter 29, article 1, ARS, to "board of homeopathic and integrated medicine examiners"; amending sections 32-2901, 32-2902, 32-2904, 32-2906, 32-2912, 32-2913, 32-2914, 32-2915, 32-2916, 32-2933 and 32-2934, ARS; amending title 32, chapter 29, article 3, ARS, by adding section 32-2936; amending section 41-1092, ARS; relating to the board of homeopathic and integrated medicine examiners. Senate Bill 1237: An Act amending section 11-1102, ARS; relating to county development fees. Senate Bill 1238: An Act repealing section 45-264, ARS; relating to waters. Senate Bill 1239: An Act amending sections 6-1256 and 6-1263, ARS; amending title 6, chapter 12.1, article 1, ARS, by adding section 6-1264; relating to deferred presentment transactions. Senate Bill 1240: An Act amending section 33-2201, ARS; relating to the timeshare owner's association and management act. JOURNAL OF THE SENATE Tuesday, January 29, 2008 38 Senate Bill 1241: An Act amending title 36, ARS, by adding chapter 31; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.01; relating to the health security plan. Senate Bill 1242: An Act amending title 20, chapter 4, article 3, ARS, by adding section 20-826.04; amending sections 20-841 and 20-1057, ARS; amending title 20, chapter 4, article 9, ARS, by adding section 20-1057.11; amending title 20, chapter 6, article 5, ARS, by adding sections 20-1402.03 and 20-1404.03; amending section 20-1406, ARS; relating to health insurance coverage. Senate Bill 1243: An Act amending title 44, chapter 11, ARS, by adding article 23; relating to health care businesses. Senate Bill 1244: An Act amending section 43-222, ARS; amending title 43, chapter 10, article 5, ARS, by adding section 43-1074.03; amending title 43, chapter 11, article 6, ARS, by adding section 43-1184; making appropriations; relating to individual and corporate income tax credits. Senate Bill 1245: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1246: An Act repealing section 41-3008.08, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.08; relating to the Arizona emergency response commission. Senate Bill 1247: An Act amending title 23, chapter 2, article 1, ARS, by adding section 23-204; relating to employment practices. Senate Bill 1248: An Act amending sections 23-1302, 23-1304, 23-1305, 23-1306 and 23-1501, ARS; relating to labor relations. Senate Bill 1249: An Act amending title 41, chapter 23, ARS, by adding article 11; relating to the state procurement code. Senate Bill 1250: An Act amending title 36, ARS, by adding chapter 11; relating to prescription medication marketing costs. Senate Bill 1251: An Act amending title 32, chapter 18, article 3, ARS, by adding section 32-1974; relating to the board of pharmacy. Senate Bill 1252: An Act amending title 23, chapter 8, ARS, by adding article 7; amending section 41-1092.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.01; relating to the public employee bargaining act. Senate Bill 1253: An Act amending title 41, chapter 4, article 1, ARS, by adding section 41-705; relating to state employees. Senate Bill 1254: An Act amending sections 43-206 and 43-222, ARS; amending title 43, chapter 10, article 5, ARS, by adding section 43-1072.02; relating to individual income taxation. Senate Bill 1255: An Act amending title 41, chapter 6, article 4.1, ARS, by adding section 41-1046; relating to the administrative rules oversight committee. Senate Bill 1256: An Act amending sections 42-17001, 42-17003, 42-17004, 42-17005, 42-17052, 42-17054, 42-17055 and 48-807, ARS; amending title 48, chapter 5, article 1, ARS, by adding section 48-808; amending sections 48-1104 and 48-3620, ARS; amending title 48, chapter 21, article 1, ARS, by adding section 48-3620.03; amending sections 48-3903, 48_4023, 48-4023.01 and 48-5805, ARS; relating to secondary property taxes. Senate Bill 1257: An Act amending section 12-128.01, ARS; relating to the superior court. Senate Bill 1258: An Act amending title 33, chapter 20, article 1, ARS, by adding section 33-2211; relating to the timeshare owner's association and management act. Senate Bill 1259: An Act amending section 13-4085, ARS; relating to material witnesses. JOURNAL OF THE SENATE Tuesday, January 29, 2008 39 Senate Bill 1260: An Act amending sections 16-204, 19-143 and 42-6006, ARS; relating to elections. Senate Bill 1261: An Act amending section 8-892, ARS; relating to children. Senate Bill 1262: An Act amending section 28-708, ARS; relating to vehicle speed restrictions. Senate Concurrent Resolution 1015: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; repealing article XXV, Constitution of Arizona; amending the Constitution of Arizona by adding a new article XXV; relating to collective bargaining. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, Senate Concurrent Memorials 1002, 1003, Senate Concurrent Resolutions 1013, 1014 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Financial Institutions, Insurance and Retirement, Senator Gorman, Chairman (January 28) Senate Bill 1086, do pass Government, Senator Harper, Chairman (January 28) Senate Bill 1082, do pass Senate Bill 1108, do pass Judiciary, Senator Gray C, Chairman (January 28) Senate Bill 1011, do pass Senate Bill 1022, do pass Senate Bill 1036, do pass Senate Bill 1056, do pass Senate Bill 1057, do pass Senate Bill 1059, do pass Rules, Senator Tibshraeny, Chairman (January 28) Proper for Consideration: Senate Bills 1002, 1004, 1017, 1018, 1025, 1037, 1071, 1073, 1078, 1084 Proper for Consideration Amended: Senate Bill 1024 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 11:48 a.m. until Wednesday, January 30, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 40 JOURNAL OF THE SENATE Wednesday, January 30, 2008 Seventeenth Day The Senate convened at 11:30 a.m. Senator Blendu offered prayer. Pledge of Allegiance to the Flag was led by Senator Flake. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burton Cahill, Cheuvront, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--28 EXCUSED: Burns, Miranda--2 JOURNAL The President announced that without objection, reading of the Journal of Tuesday, January 29, 2008 was dispensed with and approved as recorded by the Secretary. REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 28) Senate Bill 1006, do pass amended Senate Bill 1096, do pass amended/strike-everything Transportation, Senator Gould, Chairman (January 29) Senate Bill 1083, do pass RECESS At 11:42 a.m. the Senate stood at recess subject to the sound of the gavel. RECONVENE President Pro Tempore Blendu called the Senate to order at 5:06 p.m. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1263: An Act amending title 20, chapter 4, article 3, ARS, by adding section 20-826.04; amending title 20, chapter 4, article 9, ARS, by adding section 20-1057.11; amending title 20, chapter 6, article 5, ARS, by adding sections 20-1402.03 and 20-1404.03; relating to health insurance policies. Senate Bill 1264: An Act amending section 27-271.01, ARS; relating to common mineral products on state trust lands. Senate Bill 1265: An Act amending section 16-102, ARS; relating
Object Description
TITLE | Journal of the Senate |
CREATOR | Arizona State Senate |
SUBJECT | Arizona--Politics and government; Laws and Legislation--Arizona |
Browse Topic |
Government and politics |
DESCRIPTION | This title contains one or more publications. |
Language | English |
Publisher | Arizona State Senate, Arizona Legislative Council |
Material Collection |
State Documents |
Source Identifier | LG 1.5:J 58 S 35 |
Location | o563628414 |
REPOSITORY | Arizona State Library, Archives and Public Records--Law and Research Library |
Description
TITLE | Journal of the Senate 2008 |
DESCRIPTION | 998 pages (PDF version). File Size 4,947 KB |
Language | English |
TYPE | Text |
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DATE ORIGINAL | 2008 |
Time Period |
2000s (2000-2009) |
ORIGINAL FORMAT | Born Digital |
Source Identifier | LG 1.5:J 58 S 35/ 2008 /E |
Location | o563628414 |
DIGITAL IDENTIFIER | 2008_senate_journal.pdf |
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Full Text | STATE OF ARIZONA *********** JOURNAL of the SENATE 2008 Published by: Arizona State Senate Arizona Legislative Council TABLE OF CONTENTS Page SECOND REGULAR SESSION Daily Journal ............................................................................................................................ 1 SUPPLEMENT Governor's Action after Adjournment Sine Die.................................................................. 460 Messages from the House .................................................................................................... 464 Joint Protocol Session .......................................................................................................... 465 EXECUTIVE APPOINTMENTS AND CONFIRMATIONS.................................................. 469 INDEX OF SENATORS.......................................................................................................... 480 ALPHABETICAL INDEX........................................................................................................ 531 HISTORY OF SENATE AND HOUSE BILLS Senate Bill History ............................................................................................................... 657 House Bill History................................................................................................................ 777 MISCELLANEOUS House Bills Not Received by the Senate............................................................................. 866 Bills Not Reported by Committees ..................................................................................... 889 Bills Enacted into Law (Chapter Numbers) ........................................................................ 899 Bills Vetoed .......................................................................................................................... 908 Bills Became Law Without the Governor’s Signature ........................................................ 908 Strike Everything Amendments........................................................................................... 909 Recapitulation (Summary of Bills) ...................................................................................... 922 Senate Rules ......................................................................................................................... 928 TABLE OF CONTENTS COMMITTEES Index of Committees............................................................................................................ 946 Statutory/Study Committees ............................................................................................... 948 Ad Hoc Committees............................................................................................................. 966 Committees of Reference..................................................................................................... 970 Senate Standing Committees .............................................................................................. 973 House Standing Committees ............................................................................................... 975 SENATE EMPLOYEES Senate Employee Listing...................................................................................................... 978 ARIZONA ELECTED STATE OFFICIALS Governor .....................................................................................................JANET NAPOLITANO Secretary of State...........................................................................................JANICE K. BREWER Attorney General..............................................................................................TERRY GODDARD Treasurer ................................................................................................................DEAN MARTIN Superintendent of Public Instruction.......................................................................TOM HORNE Mine Inspector................................................................................................................ JOE HART Corporation Commission Chairman..............................................................................................................MIKE GLEASON Commissioner .............................................................................................JEFF HATCH-MILLER Commissioner .................................................................................................KRISTIN K. MAYES Commissioner .........................................................................................WILLIAM A. MUNDELL Commissioner .......................................................................................................... GARY PIERCE Supreme Court Chief Justice ................................................................................................RUTH V. McGREGOR Vice Chief Justice................................................................................ REBECCA WHITE BERCH Justice ................................................................................................................W. SCOTT BALES Justice ..................................................................................................... ANDREW D. HURWITZ Justice ..............................................................................................................MICHAEL D. RYAN ARIZONA ELECTED U. S. OFFICIALS Senator ...............................................................................................................................JON KYL Senator ....................................................................................................................JOHN McCAIN Representative (District 1) ......................................................................................... RICK RENZI Representative (District 2) ..................................................................................TRENT FRANKS Representative (District 3) .................................................................................JOHN SHADEGG Representative (District 4) ..........................................................................................ED PASTOR Representative (District 5) .............................................................................HARRY MITCHELL Representative (District 6) ...........................................................................................JEFF FLAKE Representative (District 7) ..................................................................................RAUL GRIJALVA Representative (District 8) ...................................................................... GABRIELLE GIFFORDS MEMBERS OF THE SENATE FORTY-EIGHTH LEGISLATURE – 2008 SECOND REGULAR SESSION STATE OF ARIZONA SENATE LEADERSHIP President...................................................................................................................Timothy S. Bee Majority Leader.................................................................................................... Thayer Verschoor Majority Whip ...................................................................................................... John Huppenthal Democratic Leader............................................................................................... Marsha Arzberger Assistant Democratic Leader .................................................................................Jorge Luis Garcia Democratic Whip ........................................................................................................ Rebecca Rios President Pro Tempore and Parliamentarian............................................................Robert Blendu HOUSE LEADERSHIP Speaker.................................................................................................................... James P. Weiers Majority Leader.............................................................................................................. Tom Boone Majority Whip ........................................................................................................John McComish Minority Leader ............................................................................................................... Phil Lopes Assistant Minority Leader ......................................................................................... Jack A. Brown Minority Whip.....................................................................................................Steve M. Gallardo Speaker Pro Tempore ....................................................................................................Bob Robson Parliamentarian……………………………………………………………………… Norman L. Moore MEMBERS OF THE SENATE FORTY-EIGHTH LEGISLATURE – 2008 SECOND REGULAR SESSION STATE OF ARIZONA OFFICERS Timothy S. Bee .................................................................................................................. President Charmion Billington .......................................................................................................... Secretary Tina Scott............................................................................................................Assistant Secretary Joe Kubacki ............................................................................................................Sergeant at Arms DISTRICT SENATOR PARTY HOME CITY 1 O’HALLERAN, Tom R Sedona 2 HALE, Albert D Window Rock 3 GOULD, Ron R Lake Havasu City 4 HARPER, Jack R Surprise 5 FLAKE, Jake* ALLEN, Sylvia R Snowflake 6 GORMAN, Pamela R Anthem 7 WARING, Jim R Phoenix 8 ALLEN, Carolyn S. R Scottsdale 9 BURNS, Robert “Bob” R Peoria 10 GRAY, Linda R Glendale 11 LEFF, Barbara R Paradise Valley 12 BLENDU, Robert R Litchfield Park 13 MIRANDA, Richard D Tolleson 14 McCUNE DAVIS, Debbie D Phoenix 15 CHEUVRONT, Ken D Phoenix 16 LANDRUM TAYLOR, Leah D Phoenix 17 BURTON CAHILL, Meg D Tempe 18 JOHNSON, Karen S. R Mesa 19 GRAY, Chuck R Mesa 20 HUPPENTHAL, John R Chandler 21 TIBSHRAENY, Jay R Chandler 22 VERSCHOOR, Thayer R Gilbert 23 RIOS, Rebecca D Apache Junction 24 AGUIRRE, Amanda D Yuma 25 ARZBERGER, Marsha D Willcox 26 PESQUIERA, Charlene D Tucson 27 GARCIA, Jorge Luis D Tucson 28 ABOUD, Paula D Tucson 29 SOLTERO, Victor D Tucson 30 BEE, Timothy S. R Tucson *Jake Flake deceased June 8, 2008. Sylvia Allen sworn in June 16, 2008. MEMBERS OF THE HOUSE OF REPRESENTATIVES FORTY-EIGHTH LEGISLATURE - 2008 SECOND REGULAR SESSION STATE OF ARIZONA OFFICERS James P. Weiers ....................................................................................................................Speaker Norman L. Moore........................................................................ Chief Clerk and Parliamentarian Cheryl A. Laube .............................................................................................. Assistant Chief Clerk Ron Gill ..................................................................................................................Sergeant at Arms DISTRICT REPRESENTATIVE PARTY HOME CITY 1 MASON, Lucy R Prescott TOBIN, Andy R Paulden 2 CHABIN, Thomas E. D Flagstaff TOM, Albert D Chambers 3 GROE, Trish R Lake Havasu City McLAIN, Nancy G. R Bullhead City 4 BOONE, Tom R Peoria BURGES, Judy M. R Skull Valley 5 BROWN, Jack A. D St. Johns KONOPNICKI, Bill R Safford 6 CLARK, Doug R Anthem CRUMP, Sam R Anthem 7 BARNES, Ray R Phoenix BARTO, Nancy K. R Phoenix 8 KAVANAGH, John R Fountain Hills REAGAN, Michele R Scottsdale 9 MURPHY, Rick A. R Glendale STUMP, Bob R Peoria 10 THRASHER, Jackie D Phoenix WEIERS, James P. R Phoenix 11 FUNKHOUSER III, David E.* D Phoenix DRIGGS, Adam R Phoenix 12 NELSON, John B. R Litchfield Park WEIERS, Jerry R Glendale 13 GALLARDO, Steve M. D Phoenix GARCIA, Martha D Phoenix DISTRICT REPRESENTATIVE PARTY HOME CITY 14 CAMPBELL, Chad D Phoenix MEZA, Robert D Phoenix 15 LUJAN, David M. D Phoenix SINEMA, Kyrsten D Phoenix 16 CAMPBELL, Jr. Cloves C. D Phoenix MIRANDA, Ben R. D Phoenix 17 ABLESER, Ed D Tempe SCHAPIRA, David D Tempe 18 ANDERSON, Mark R Mesa PEARCE, Russell K. R Mesa 19 ADAMS, Kirk R Mesa CRANDALL, Rich R Mesa 20 McCOMISH, John R Phoenix ROBSON, Bob R Chandler 21 NICHOLS, Warde V. R Gilbert YARBROUGH, Steven R Chandler 22 BIGGS, Andy R Gilbert FARNSWORTH, Eddie R Gilbert 23 RIOS, Pete D Hayden McGUIRE, Barbara D Kearny 24 PANCRAZI, Lynne D Yuma ULMER, Theresa D Yuma 25 ALVAREZ, Manuel V. “Manny” D Elfrida BURNS, Jennifer J. R Tucson 26 HERSHBERGER, J. Peter R Tucson YOUNG WRIGHT, NANCY** D Tucson 27 CAJERO BEDFORD, Olivia D Tucson LOPES, Phil D Tucson 28 BRADLEY, David T. D Tucson FARLEY, Steve D Tucson 29 LOPEZ, Linda J. D Tucson PREZELSKI, Tom D Tucson 30 McCLURE, Marian A. R Tucson PATON, Jonathan R Tucson *Sworn in on August 26, 2008 to replace Mark DeSimone who resigned effective July 24, 2008. **Sworn in on January 22, 2008 to replace L ena S. Saradnik who resigned effective January 7, 2008. JOURNAL of the SENATE FORTY-EIGHTH LEGISLATURE of the STATE OF ARIZONA SECOND REGULAR SESSION - 2008 - SESSION CONVENED MONDAY, JANUARY 14, 2008, 12:00 NOON SESSION ADJOURNED SINE DIE FRIDAY, JUNE 27, 2008, 10:09 P.M. JOURNAL OF THE SENATE FORTY-EIGHTH LEGISLATURE SECOND REGULAR SESSION Monday, January 14, 2008 First Day The second Monday in January being the date prescribed by the Constitution of Arizona for the annual meeting of the Legislature, the Second Regular Session of the Forty-eighth Legislature convened this day. The Senate session scheduled to assemble in its chamber at 12:00 noon was called to order at 12:13 p.m. The President, Timothy S. Bee, of Pima County, called the Senate to order. Vernon P. Harms, Chaplain, Arizona Department of Public Safety, offered prayer. Presentation of the Colors was led by Fort Huachuca Honor Guard. Pledge of Allegiance to the Flag was led by the children of President Bee. The National Anthem was performed by Imperial Percussion-Students from Empire and Cienega High Schools under the direction of Russel Potter, Empire High School, Vail School District. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--30 PRIVILEGES OF THE FLOOR Privileges of the floor were extended to former State Senators Linda Aguirre, Gus Arzberger, Keith Bee and Bill Brotherton. BUSINESS ON THE PRESIDENT’S DESK RULES Senator Verschoor stated that in view of the fact that during the First Regular Session of the Forty-eighth Legislature, the Senate adopted Rules for the operation of the entire Forty-eighth Legislature, the Senate of the Second Regular Session of the Forty-eighth Legislature was properly organized. READING OF BILLS BY NUMBER, SHORT TITLE AND TITLE ONLY Senator Verschoor moved that unless otherwise ordered, an emergency be declared, Rules be suspended and that during the Second Regular Session of the Forty-eighth Legislature all bills, resolutions and memorials under the Order of Business First Reading and Second Reading of Bills be read by number and short title only, and that all bills, resolutions and memorials under the Order of Business Third Reading and Final Reading of Bills be read by number and title only. President Bee announced that the motion required a two-thirds vote for its passage. The motion carried. COMMITTEE TO NOTIFY HOUSE AND GOVERNOR ON ORGANIZATION Senator Verschoor moved that a committee be appointed to notify the House that the Senate was organized and ready for the transaction of business and to act with a like committee from the House to notify the Governor that the Second Regular Session of the Forty-eighth Legislature was organized and ready to receive any communication she may wish to deliver. The motion carried and the President appointed Senators Johnson, Flake and Soltero as members of that committee. JOURNAL OF THE SENATE Monday, January 14, 2008 2 COMMITTEE FROM THE HOUSE The Sergeant at Arms, Joe Kubacki, announced the arrival of the Committee from the House of Representatives consisting of Members Alvarez, Chabin, Lopez, Hershberger, McClure, Meza, Nelson and Robson. The committee informed the Senate that the House of Representatives was organized and ready for the transaction of business. RECESS At 12:54 p.m. the Senate stood at recess subject to the sound of the gavel to receive remarks from Richard H. Carmona, M.D., M.P.H., FACS; 17th Surgeon General of the United States, 2002-2006; Vice Chairman, Canyon Ranch. The Senate remained at recess subject to the sound of the gavel following the Joint Session. JOINT SESSION The Senate and House of Representatives assembled in Joint Session at 1:38 p.m. in the House Chamber. President of the Senate, Timothy S. Bee called the Joint Session of the Forty-eighth Legislature, Second Regular Session to order. The Joint Organization Committee consisting of Senators Johnson, Flake and Soltero and Representatives Hershberger, Alvarez, Chabin, Lopez, McClure, Meza, Nelson and Robson escorted the Governor of Arizona, the Honorable Janet Napolitano into the House Chamber. The Governor was introduced by the President of the Senate. STATE OF THE STATE ADDRESS 48TH ARIZONA LEGISLATURE SECOND REGULAR SESSION GOVERNOR JANET NAPOLITANO JANUARY 14, 2008 President Bee, Speaker Weiers, Honorable Senators and Representatives, Chief Justice McGregor and members of the Supreme Court, tribal leaders, honored guests and my fellow Arizonans: My message to you today is clear: the state of Arizona is strong. And together, we are writing the story of its future. To do that, we must build on the already-written chapters of Arizona’s past, the story of the men and women who came before us – the Hohokam and Anasazi, the pioneers, the Buffalo soldiers, the many who moved here from other states and other countries. And we will continue to build on the work we began five years ago. During that time, we have been dedicated and consistent, focusing the story on issues that matter most to the people of Arizona: our children – educating them and preparing them for their futures; building safe and strong communities; and reaffirming our heritage as a state where hard work and good ideas lead to prosperity. We’ve made progress on every score, and in doing so, we’ve restored Arizonans’ confidence that ours is a state that’s going places. Today, our duty is to keep this momentum going, even as we confront the challenges of our current budget. Arizona is young and vital. Our extraordinary growth propels us toward a new, dynamic time of transition, where bold ideas can take root, and where we can fully embrace what it means to build our future. With our heads up and with full steam ahead, let’s get to work, and keep this powerful narrative moving. I see it as a story with five interlocking chapters. Chapter One, for me, will always be education. I believe education is the most important chapter for our future. Look where we stood just five years ago. There was no plan to give Arizona’s children the early start they JOURNAL OF THE SENATE Monday, January 14, 2008 3 need and deserve. Teacher pay was lagging, and we weren’t doing what was necessary to support our new teachers and keep our best educators in the classroom. Phoenix was the largest city in the nation without a university-based medical school and our state was not graduating enough students with college degrees to keep up with our growth. Fast-forward to today. We’ve created a new grade level by making full-day kindergarten available to every Arizona family. We’ve made historic investments in early childhood education and in teacher pay. We’ve broken ground on an all-new medical campus, tripled our contribution to student financial aid, and built up our universities. This is progress, and it is precisely where we needed to go. Now, we must move quickly – this year – to implement the voter-approved initiative aimed at early childhood. Beginning with our youngest children, we must focus on preschool and quality child care, so that children are fully prepared for the all-day kindergarten we now provide. For older students, we set the tone last month when the State Board of Education raised expectations and standards to require more math and science in high school. I believe – and our educators believe – these new standards are key to what must be the central goal of an Arizona education: giving our students the skills they need to succeed in the high-tech, high-knowledge world of the 21st century. And now that we’ve changed the graduation standards, tests need to be changed to match. For example, students now will have had four years of math, taking them to the Algebra II level. It makes no sense to test them to a level they completed two years earlier. So we need to look at everything – including AIMS – to make sure we’re testing for the right things, at the right times, and for the right reasons. It’s also time to end the fiction that a high school diploma is the final goal of education or that a student should be allowed to drop out at the age of 16. An Arizona diploma should demonstrate that a student is fully prepared for higher education, whether in a technical or vocational setting, a community college, or a university. Yes, we should make reasonable alternatives available for students who can’t succeed in a regular classroom. And the dropout age should be raised to 18 years old. Higher standards for students mean we must sustain a higher-quality corps of math and science teachers by expanding teacher loan forgiveness, scholarships, and incentives. Last year, you took a big step in this direction by providing initial funding for these incentives, and by funding more math and science teachers; I ask you to do the same this year. We’ve added rigor to the curriculum and raised expectations. But high standards must come with strong support, which you should provide; and we must also reward our students when they succeed. Given our budget constraints, we cannot do as much – immediately – as we would like. But we can look to the future. The eighth graders of today are the high school class of 2012 – Arizona’s centennial class. I say, let’s make a contract with these Centennial Scholars, and with all the classes that follow. Let’s agree that any eighth grader who pledges to stay out of trouble and maintains at least a “B” average in high school will be guaranteed free tuition at any of our community colleges or state universities. Let’s act now for the class of 2012, and for every class thereafter, because the promise of these Centennial Scholars is the promise of Arizona’s next 100 years. Rewarding students who are excelling is a good step, but we must recognize that higher education is something that all Arizona children will need to succeed. It’s a pathway to prosperity and, in Arizona, it’s also supposed to be affordable. I propose that, beginning next year, all Arizona universities guarantee that when a student begins college, his or her tuition will not be raised for four years – period. Times change and tuition will rise, but it shouldn’t go up once you’ve started your coursework. Call it a “fixed-rate” loan on the best investment we can make in Arizona’s future – our children. JOURNAL OF THE SENATE Monday, January 14, 2008 4 We also need to educate and train more health care professionals. To achieve that end, the new university medical campus in Phoenix, which will bring more doctors, nurses, pharmacists and other health care professionals to Arizona, is paramount. My budget asks you to authorize the funding necessary for this project, which will make Arizona a world leader in cutting-edge medical education and health care. While we invest in these medical degrees, let’s remember that Arizona has to increase the number of students who earn bachelor’s degrees. In the past five years, that number has grown, and our community colleges are granting associate degrees at a very competitive rate. But we need to do more. I call on our higher education institutions to work together and double the number of bachelor’s degrees they produce by the year 2020. To do this, our universities have to increase graduation rates, retain more students, create more options for students in rural areas, enroll more first-generation students, and boost the number of students coming from community colleges. This Legislature needs to support them now in these critical tasks. Before I leave this chapter on education, I will remind you of a critically important fact: 15 percent of students come from families that do not speak English. These students must learn to read, write and speak in English as soon as possible. I put this challenge to legislative leadership: take our tax dollars out of court and put them back in the classroom, where they belong. Our education system is linked to the needs of Arizona’s economic future. There is no separation. We need more teachers. We need more engineers, scientists, urban planners, water specialists and entrepreneurs. We have worked ardently, from preschool to community college and university, to increase the quality of an Arizona education, and then to align education as a whole to the needs of Arizona’s economy. We are still writing the education chapter of our Arizona story, but the direction we have taken is the right one. This takes me to Chapter Two: economic prosperity and a diverse, knowledge-based economy. While entrepreneurs have long found success in Arizona, five years ago, our economic development strategy was haphazard and uncoordinated. Too few leaders were thinking beyond the housing economy. We were making scant efforts to foster businesses in areas where Arizona can lead the world – like solar power, optics, or personalized medicine. In the past five years, we’ve added more than a half million new jobs. We’ve become a top state in the country for attracting and retaining jobs and companies. We’ve made historic investments in rural economic development – including the important tourism industry – provided tax relief for innovative high-tech companies, increased Arizona’s exports and foreign investment, and retooled the state Department of Commerce to do even more. And in the last year, we’ve created an entirely new model for guiding economic development efforts in Arizona. The Arizona Economic Resources Organization – AERO – unites the public sector, the private sector, the education community, and the philanthropic community to target economic development efforts in Arizona. Success in the future economy will depend on innovation – so we are being innovative in our own approach. International trade will be an important part of our economic future. While public debate has focused on illegal immigration, billions of dollars of lawful commerce cross Arizona’s border each year. Right now, delays at the border tie up trade that is vital to Arizona’s well being. I have already named former Congressman Jim Kolbe to head Arizona’s effort to build strong commercial corridors through our state. Today, I have also asked him to update Arizona’s ongoing strategy for improving our ports of entry, so that we can support a system that works for Arizona. As we take our economic development efforts to the next level, we also have to continue to find ways to maximize our research dollars. We did this together by creating and funding Science Foundation Arizona, which has turned out to be a wise and remarkably effective decision. Science Foundation Arizona’s mission is to meld government, industry and education into a new business model that emphasizes innovation and discovery. JOURNAL OF THE SENATE Monday, January 14, 2008 5 Our investment has already paid us back in breakthroughs. Science Foundation Arizona has funded significant research, ranging from the development of targeted, personalized cancer treatments, to the creation of a brand-new source of biofuel. The Foundation’s Competitive Advantage Awards program provides seed money for basic research throughout our state. Their grants to programs throughout Arizona last year brought in $9 in federal funds for every $1 invested. And the $25 million you appropriated for this year has been matched by another $25 million in private dollars. This is an outstanding return on investment, and it’s an investment we need to continue. Switching to personal investments for a moment, let’s talk about Arizonans stuck in the subprime-lending debacle. I have met with the major lenders in our state. We have agreed that buyers should have the chance to work out their loans with lenders and to stay in their homes; yet, they must still meet their obligations to the businesses that lent them money. Now, it’s our job to keep this mess from happening again. To do this, I’ve created a three-step plan. First, the Department of Real Estate, at my direction, has created the Homebuyers’ Bill of Rights. It is available now, on the Web and in print, and it gives homebuyers information about roads, water, police and fire services and more. It’s a tool for making educated financial decisions, and it’s step one. For step two, you need to pass the Arizona Home Equity Theft Protection Act, to license “equity purchasers.” There are some in this category who prey on vulnerable homeowners and use deceptive practices to cheat them out of their homes. Let’s pass the bill and put the bad guys out of work. The third step is to license loan officers. When an Arizonan sits down to talk about buying a home – usually the biggest investment they’ll ever make – the person on the other side of the table should be experienced, educated and ethical. Once they’re licensed, that license can be removed for behavior that violates the law or the ethical rules of the profession. Our state’s lenders want high standards in their field, so let’s work with them and get this done this year. We will live through this housing-market downturn, and we will mitigate those that come in the future. It’s all part of protecting Arizona; which brings me to Chapter Three in this story of Arizona’s future: our security and public safety. Five years ago, our state lacked adequate counter-terrorism resources. Arizonans didn’t have a central place to go for information if a disaster struck. And while border crime was escalating, local communities didn’t have the tools or manpower they needed, and the issue was not even on the federal agenda. Today, we have a 24-hour terrorism intelligence center and a statewide 2-1-1 system to disseminate public safety information. In five years, we’ve increased DPS funding by more than 60 percent. We are entering the third year of a four-year plan to ensure that every person who needs shelter from domestic violence can get it. We’ve deployed the National Guard at the border at federal expense, cracked down on border gangs, drug smugglers and human traffickers, and we’ve become the leading state in the nation in confronting America’s broken borders head-on. When it comes to regaining control of immigration, the federal government has been a miserable failure. Arizonans know – better than anybody – that immigration problems aren’t going away. And until there is comprehensive immigration reform by the federal government, we will have to deal with those problems. It has been against the law in the United States for business to hire illegal labor since 1986. Congress left to the states the option of imposing licensing sanctions. Now, we’ve taken them up on it. Arizona’s employer sanctions law has taken effect, and we will continue to implement it. But on the day I signed it, I wrote to you and pointed out flaws that still need your attention. You can make these changes and yet keep the law’s meaning, purpose, and strength. JOURNAL OF THE SENATE Monday, January 14, 2008 6 You should add to the law a definition of what constitutes a “complaint,” so that law enforcement does not have to waste resources chasing down anonymous calls from malicious competitors or disgruntled employees. You should clarify that a wrongful hiring decision at one location doesn’t shut down an entire chain of stores and put legal Arizonans out of work. The law has to ensure that vital infrastructure, like nursing homes and hospitals, can continue to operate. And you should specify that the law cannot be used to discriminate. As I pointed out to you when I signed the employer sanctions bill, this Legislature did not set aside enough funding to enforce it effectively. I have a solution that you can act on quickly: redirect some of the money that the state recovers from successful prosecutions. Each year, Arizona prosecutors receive millions of dollars from penalties paid when a criminal racket is stopped. It’s a good concept; in fact, last year, some of that money funded an all-new, state-of-the- art crime lab for Southern Arizona. But too often lately, we see this money go for TV commercials that amount to little more than publicity for an elected official. That’s the wrong way to use it. Pass a bill that uses the money for core functions of law enforcement – like body armor and investigators; then dedicate a part of that money to enforce the employer sanctions law. In a tight budget year, this is efficient, and ensures that the money is used responsibly and effectively. You must also pass the legislation necessary to authorize a second, optional driver’s license. This is the “3-in-1” card that serves three purposes: it is a driver’s license; it is a passport for those U.S. citizens crossing from Mexico and Canada; and it is proof of citizenship – for purposes of the employer sanctions law. Some were quick to criticize, but the facts are these: it is more secure than your current Arizona driver’s license; it is voluntary – no one will be required to have it; and it could be available at minimal cost to Arizonans by September of this year. Arizona employers have been asking for an alternative to the federal E-Verify system. This could be it. We need to keep fierce pressure on the organized street gangs and criminal rackets that smuggle humans, narcotics, stolen vehicles, and weapons into our state. You can do this by continuing your support of DPS officers – especially in the highway patrol division, in the GIITEM gang task force, in crime labs and in forensics. Next, let’s keep working to take away the tools of the smuggling trade. We went after fake ID’s, with the Fraudulent ID Task Force, and that’s working; we went after wire transfers of illegal profits, and that’s working; we went after stolen vehicles used to bring people into the country illegally, and – guess what? – that’s working, too. The next step is to target the drop houses located in family neighborhoods all over Arizona. Right now, law enforcement can go after the property owners. But too often, it’s the middleman – the property manager – who rents out a house, knowing full well it will be used as a drop house. Strengthen the law, so we can get to that middleman. No ID-s, no money, no cars, no drop houses - that’s how we will ultimately put an end to this savage industry in Arizona. Violence around the world reminds us all that outside threats to our nation and our communities continue. The Arizona Counter Terrorism Intelligence Center has so far trained and equipped hundreds of Arizona law enforcement officers to be prepared for a crisis. Yet federal funding for this critical center has been slashed. In order to continue the important work we have begun, my budget allocates $1.4 million to operate this facility. Finally, I want to bring the subject of security back to the home, and to children. Child Protective Services has come a long way, but we still have work to do. It has become increasingly clear to me that to do more for our children, we need to do more about the substance abuse that grips their parents. Case managers will tell you that when a child is in danger, substance abuse is nearly always in the picture. JOURNAL OF THE SENATE Monday, January 14, 2008 7 We have many prevention and treatment programs; the problem is, they’re spread around various parts of state government. Today, by executive order, I have directed that substance abuse dollars be targeted so that the families of children in the child protective system are first in line for treatment and services. Let’s make sure that these parents – who want to get clean for the sake of their children – have access to all the services that can help them do it. In addition to this, it’s obvious that CPS caseloads are still just too high. My budget asks you to fund additional case managers this year, so we continue to bring caseloads down to protect children. Chapter Four in the story of Arizona’s future is transportation and growth. Over the past five years, we’ve added 652 new lane miles of freeway, and secured hundreds of millions more dollars for transportation projects. We’ve implemented a forest health strategy, created our first-ever statewide drought and water conservation plan, and worked to prevent wildfires. We passed the most significant air-quality legislation in a decade. And just last month, we signed an historic agreement among the Basin States to manage Colorado River water. Now, we’re looking at even more explosive growth – a near doubling of our population in the next few decades. As I’ve said, Arizonans need relief from the “time tax.” People need to get from work to home, to their places of worship, to the store, and to school to pick up their children, without constantly having to sit, breathing bad air, stuck in a traffic jam. It is time to act. We need a statewide plan to create functional new transportation corridors that serve growing communities. We also must actively include tribal governments, because all roads in Arizona – almost literally – go through Indian Country. This plan must include not just necessary freeway construction, but also transit options – including a robust rail element – because we simply cannot out-freeway the problem. Imagine expanded freeways, more local transit, plus a Tucson-to-Phoenix rail line, and you’ll see how we need to write our transportation chapter. The Arizona transportation plan of the future envisions a state of 10 to 12 million people and a transportation infrastructure second-to-none. It will not be cheap, but we are already lagging, and to continue to wait – to play catch-up – as opposed to planning ahead will only make the whole thing cost more. By this spring, the critical studies will be near enough to completion for you to act. I ask that you schedule hearings, and prepare to refer to the ballot – either in 2008 or 2009 – an Arizona transportation plan that provides the infrastructure we need for the decades to come. The 9.3 million acres that our state holds in trust are also critical. After a summer spent working with key legislators of both parties, we are close to an agreement on a referendum to reform state trust land, as well as a statutory package to implement that referendum. I ask that you refer state trust land reform to the ballot this year, and that you pass the implementing package this session. If you deal with transportation and state trust land reform, you will have created an important legacy for Arizona. Energy is key to our state’s ability to grow and prosper. As our demand for energy grows – and our dependence on foreign oil becomes ever more troublesome – it is time to take the next steps toward changing how we generate and conserve energy. This session, you will have before you a package of energy legislation to get us there. Following the lead of the Arizona Corporation Commission, we should require that – by 2025 – all electric utilities provide 15 percent of their electricity from renewable sources. Likewise, at least ten percent of fuel sold in Arizona should be low in carbon emissions. Next, let’s replace the current crazy quilt of local energy conservation rules with real statewide minimum standards for new construction, then ensure that every new building in Arizona is built to meet them. Finally, let’s address climate change and JOURNAL OF THE SENATE Monday, January 14, 2008 8 greenhouse gas emissions by creating new energy efficiency standards for appliances; new opportunities to generate and use renewable energy; and standards to reduce emissions of harmful pollutants such as diesel exhaust. Taken together, this work will allow us to move Arizona forward toward a vision of a stable climate and sustainability. Population growth, combined with climate change and its resulting drought, will make water an ever-present factor in Arizona’s future. Through our laws, ordinances and building codes, we must continue to emphasize conservation, as well as preservation of riparian habitat, as we develop new water infrastructure for our state. From transportation to state trust land to energy to water, we have a statewide vision for our future. Our statewide growth policies will encourage planning that is comprehensive and includes all levels of government – town, city, county and tribal. We all have to be on the same page. We are many communities, but we are One Arizona, and we must work together so our story for the future reflects that. Chapter Five in Arizona’s story is health care. We’ve come a long way in five years. Then, Arizona’s health care workforce couldn’t keep up with our growth; the cost of prescription drugs was outside the reach of many Arizonans, with little help available. And we were stuck in the age of paper, not maximizing technology to electronically connect patients and providers with medical records. Now, we have a new medical campus in Phoenix; we have nearly doubled enrollment in programs for registered nurses; and the CoppeRx Card has saved Arizonans millions on prescription drugs. More children than ever get well-child check-ups, and more families can learn about health insurance for their children through KidsCare. And we have received more than 16 million dollars in federal grants because of our leading-edge work in electronic health care systems. This is good work. Now, we need to do more, because, for too many Arizona families, the doors to health care remain shut. As I’ve traveled the state, I’ve heard the same stories again and again: someone loses a job, or they work for a small business that is not able to provide health care. Or, a child in the family has an ongoing health condition that prices insurance way beyond their reach. It’s time to face the facts: families need health care. Children, in particular, need and deserve a healthy start. KidsCare is an effective program, and we know it works, so let’s build on that success. Let’s allow families – who are currently shut out of the health care system – to buy health insurance for their children at the parents’ cost, with no subsidy from the state’s general fund. For parents fighting for health care for their children, this new program – call it “KidsShare” – would be a viable option. We would begin to open the doors to health care in a way that’s fair and responsible. Next we need to expand the amount of time a child can stay insured. Children become young adults; and young adults are the fastest-growing group of uninsured in our state. They live lives that involve part-time and entry-level jobs that increasingly don’t offer health benefits; they also, way too often, gamble that they will never get sick. We can’t afford that gamble. Small health problems, left unattended, can become big and very expensive conditions the state may have to pay for. These young people should be able to maintain the health care they’ve grown up with. I have directed the Department of Administration to find ways for the State Health Insurance plan to allow all young adults – up to the age of 25 – to continue coverage on their parents’ insurance, so long as this can be done in a way that is cost-neutral to taxpayers. I ask you to expand this concept to the private insurance market so that more of our young people are insured. JOURNAL OF THE SENATE Monday, January 14, 2008 9 Those who can afford health insurance still need our help. Finding good health care is hard; understanding health care insurance plans can feel like a hopeless pursuit. I ask you to require that insurance companies supply the state with timely, accurate information about their plans, and the sticker prices for their coverage. The state will then publicize this information in a clear, consumer-friendly way. It seems simple – because it is. And it is also necessary. For our seniors, we should continue to build on last year’s work, and reward the highest-quality nursing home care providers. The state will pay more money to those nursing homes who offer better quality care that leads to their residents having the best health outcomes. My budget will accomplish this, and as a result, we will prevent even more devastating conditions down the road. Next, we will continue our work to grow Arizona’s health care workforce to match our growing population. In my budget, I propose that we triple the state funding for our loan repayment program to recruit physicians, nurse practitioners and dentists to work in underserved areas, such as rural and tribal communities. Again, it will be a cost-neutral action. Finally, let’s continue the work we’ve begun for our veterans. They served for us; it’s our turn to serve for them. Arizona’s more than 600,000 veterans deserve to receive the benefits they have earned. Veterans’ Benefits Counselors – who work for the state – are experts in finding those benefits, and connecting them to the military men and women who need them. We will continue to aggressively expand the number of these counselors across all parts of the state. By the end of this year, there will be an Arizona veterans’ benefits counselor within an hour’s drive of virtually every veteran in our state. Last year, I met with our state’s leaders in health care, and there was remarkable consensus on the ideas that should move us forward: health care should be within the reach of our citizens; Arizona’s health care system should be simple and smart; it should promote care that is efficient and effective; and base care decisions on prevention and staying well, rather than merely treating the sick. The proposals I’ve outlined today further these principles, and move Arizona forward toward an accessible, affordable, and high-quality health care system. These are the five chapters we are weaving into the story of Arizona’s future. It is a powerful narrative, one of progress, action and success. It is not one we can allow to be cut short because of a temporary economic condition. Yet, that’s just what some are calling for: harsh cuts that are unwise and unnecessary. Let me tell you a few things that this budget shortfall is not. It is not permanent. It is not a sign that Arizona’s growth will stall, or that this wonderful place we call home will become less desirable. More important, it is not an excuse to stop working toward what we all believe in. Now, let’s look at a few things this shortfall is: It is an opportunity to make government even more efficient and effective. Over the past five years, my Efficiency Review team has identified more than $1 billion that we have saved, through measures like improving procurement and reducing paperwork. We will continue this year to find innovative ways to make our tax dollars work their hardest. I have also prepared a package of more than 50 boards, commissions and agencies that can be either merged – with their functions performed elsewhere – or eliminated. These are reforms that make sense in our changing times. The shortfall also is an opportunity to do what business does: invest in infrastructure so we are fully prepared to capitalize on the economic good times, when they return. I have presented you with a plan for balancing this year’s budget. I began the first leg of that plan last July, by instructing state agencies on where to cut their spending. I now ask you to implement the other two legs of the plan to balance our budget this year: pass bills allowing us to finance the construction of new schools, and to use part of the “rainy day” savings account that we’ve built up precisely for this purpose. JOURNAL OF THE SENATE Monday, January 14, 2008 10 We must remember that Arizonans years from now won’t ask how we balanced the budget. Instead, they’ll ask how we improved education, ensured their safety, built a prosperous economy, and planned for explosive growth. State government must live within its means – so the budget I will deliver to you for our next budget year, fiscal year 2009, will be balanced, and will not raise taxes. That’s important work, but as I’ve said, the ins and outs of balancing a budget can’t – and won’t – be Arizona’s story. I believe, with every fiber of my being, that we cannot squeeze the areas most critical to our success. In this competitive and fast-moving world, we must continue to write our own story; otherwise, we give in and allow it to be written for us. Because the story we’re writing is not about mediocrity. The story of Arizona’s future is about how great promise overcomes great challenge. It’s about the hard-working people of this state who don’t want much from government, just concrete action on issues that affect them, and policies that allow them to flourish with their own natural abilities. Our story is also about a government that lived up to its end of the bargain, and didn’t give up when the going got a little tough. The story of Arizona’s future is about how we put our shoulders to the wheel together to achieve our dreams. Next month, the Super Bowl will come to Glendale, and the eyes of the world will be on our state. What a great opportunity to show our accomplishments while we challenge ourselves for our future. We all have great hopes for Arizona. Let us have the courage today to rededicate ourselves to those hopes. Even in the face of challenges, we must make our dreams of today the reality of tomorrow. My friends, we are writing the story of Arizona’s future. Let’s make it a classic. The Joint Committee escorted the Governor from the House Chamber. At 2:26 p.m. the Joint Session of the Second Regular Session of the Forty-eighth Legislature was dissolved. TIM BEE President of the Senate CHARMION BILLINGTON Secretary of the Senate JAMES P. WEIERS Speaker of the House NORM MOORE Chief Clerk of the House RECONVENE The President called the Senate to order at 2:37 p.m. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1001: An Act amending section 12-761, ARS; relating to advertising. Referred to Committee on Commerce and Economic Development. Senate Bill 1002: An Act repealing section 15-994, ARS; amending sections 15-393, 15-971, 15-974, 37-521, 41-1276, 42-17051 and 48-3620, ARS; amending section 41-1276, ARS, as amended by this act; relating to the state equalization assistance property tax. Referred to Committee on Finance. Senate Bill 1003: An Act amending section 13-708, ARS; relating to sentencing. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 14, 2008 11 Senate Bill 1004: An Act amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Bill 1005: An Act amending sections 5-395.01, 9-499.07 and 11-459, ARS; relating to home detention. Referred to Committee on Public Safety and Human Services. Senate Bill 1006: An Act amending sections 32-127, 32-327, 32-517, 32-535, 32-544, 32-564, 32-730, 32-829, 32-923, 32-1025, 32-1125, 32-1236, 32-1287, 32-1297.06 and 32-1331, ARS; repealing section 32-1332, ARS; amending sections 32-1386, 32-1394.02, 32-1430, 32-1526, 32-1642, 32-1684, 32-1825, 32-1925, 32-2027, 32-2074, 32-2130, 32-2218, 32-2247, 32-2248, 32-2292, 32-2312, 32-2313, 32-2374, 32-2407, 32-2523, 32-2607, 32-2816, 32-2915, 32-3273, 32-3426, 32-3525, 32-3619, 32-3652, 32-3925, 32-4023, 32-4124, 32-4225 and 32-4226, ARS; amending title 32, ARS, by adding chapter 43; amending section 36-1904, ARS; relating to professional licenses. Referred to Committee on Government. Senate Bill 1007: An Act amending section 28-1383, ARS; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Bill 1008: An Act amending title 28, chapter 3, article 4, ARS, by adding section 28-677; amending sections 28-1387, 28-3002, 28-3004 and 28-3473, ARS; relating to traffic accidents. Referred to Committees on Transportation; Public Safety and Human Services. Senate Bill 1009: An Act amending title 13, ARS, by adding chapter 46; amending sections 26-102, 41-619.51, 41-1758 and 41-1758.01, ARS; amending title 26, chapter 1, article 1, ARS, by adding section 26-103; relating to military reservations and facilities security. Referred to Committees on Judiciary; Government. Senate Bill 1010: An Act amending title 44, chapter 11, ARS, by adding article 23; relating to wireless telephone services. Referred to Committee on Commerce and Economic Development. Senate Bill 1011: An Act amending section 13-3727, ARS; relating to residency restrictions. Referred to Committee on Judiciary. Senate Bill 1012: An Act amending sections 15-1854 and 15-1855, ARS; relating to the commission on postsecondary education. Referred to Committee on Higher Education. Senate Bill 1013: An Act amending sections 14-5701 and 25-681, ARS; relating to arrest warrants. Referred to Committee on Judiciary. Senate Bill 1014: An Act amending section 38-211, ARS; relating to public officers. Referred to Committee on Judiciary. Senate Bill 1015: An Act amending section 16-246, ARS, as amended by Laws 2007, chapter 183, section 3; repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; relating to presidential preference elections. Referred to Committee on Judiciary. Senate Bill 1016: An Act amending section 13-1419, ARS; relating to sexual offenses. Referred to Committee on Judiciary. Senate Bill 1017: An Act amending section 38-1102, ARS; relating to peace officers. Referred to Committee on Judiciary. Senate Bill 1018: An Act amending section 12-1178, ARS; relating to the writ of restitution. Referred to Committee on Judiciary. Senate Bill 1019: An Act amending sections 33-1248 and 33-1804, ARS; relating to condominiums and planned communities. Referred to Committee on Government. Senate Bill 1020: An Act amending title 28, chapter 16, article 3, ARS, by adding section 28-5813; relating to the vehicle license tax. Referred to Committees on Transportation; Finance. JOURNAL OF THE SENATE Monday, January 14, 2008 12 Senate Bill 1021: An Act amending section 13-3825, ARS; relating to community notification. Referred to Committee on Judiciary. Senate Bill 1022: An Act amending section 21-428, ARS; relating to jurors. Referred to Committee on Judiciary. Senate Bill 1023: An Act amending section 20-2309, ARS; relating to accountable health plans. Referred to Committee on Health. Senate Bill 1024: An Act amending section 16-916, ARS; relating to campaign contributions and expenses. Referred to Committee on Government. Senate Bill 1025: An Act amending section 15-891, ARS; relating to Arizona scholarships for pupils with disabilities. Referred to Committee on Education K-12. Senate Bill 1026: An Act repealing section 41-3008.19, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.19; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1027: An Act repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; repealing section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to elections and electors. Referred to Committee on Judiciary. Senate Bill 1028: An Act repealing section 23-362, ARS, as amended by Laws 1997, chapter 51, section 1; relating to wages. Referred to Committee on Commerce and Economic Development. Senate Bill 1029: An Act repealing section 48-4831, ARS, as amended by Laws 1993, chapter 144, section 1; relating to active management area water districts. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1030: An Act repealing section 9-500.11, ARS, as amended by Laws 2005, chapter 105, section 2; relating to municipal economic development. Referred to Committee on Commerce and Economic Development. Senate Bill 1031: An Act amending sections 15-2002 and 15-2041, ARS; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1032: An Act amending sections 15-341, 15-2002, 15-2022 and 15-2031, ARS; relating to the school facilities board. Referred to Committee on Education K-12. Senate Bill 1033: An Act amending section 28-3319, ARS; relating to driving under the influence. Referred to Committees on Public Safety and Human Services; Transportation. Senate Bill 1034: An Act amending title 44, ARS, by adding chapter 35; relating to termination of wireless telephone service contracts by military personnel. Referred to Committee on Commerce and Economic Development. Senate Bill 1035: An Act amending title 15, chapter 14, article 1, ARS, by adding section 15-1809; relating to community colleges and universities. Referred to Committees on Higher Education; Appropriations. Senate Bill 1036: An Act amending section 13-708, ARS; relating to sentencing. Referred to Committee on Judiciary. Senate Bill 1037: An Act amending section 28-2409, ARS; relating to special license plates. Referred to Committee on Transportation. Senate Bill 1038: An Act amending section 44-1453, ARS; relating to the registration and protection of trademarks and service marks. Referred to Committee on Commerce and Economic Development. Senate Bill 1039: An Act amending section 28-737, ARS; relating to high occupancy vehicle lanes. Referred to Committee on Transportation. JOURNAL OF THE SENATE Monday, January 14, 2008 13 Senate Bill 1040: An Act amending sections 38-711 and 38-727, ARS; relating to the Arizona state retirement system. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1041: An Act amending sections 28-737 and 28-2416, ARS; relating to high occupancy vehicle lanes. Referred to Committee on Transportation. Senate Bill 1042: An Act amending sections 28-7702 and 28-7745, ARS; relating to toll roads. Referred to Committee on Transportation. Senate Bill 1043: An Act amending title 6, chapter 7, article 3, ARS, by adding section 6-841.04; relating to escrow agents. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1044: An Act amending section 27-423, ARS; relating to operation of mines. Referred to Committee on Rules. Senate Bill 1045: An Act amending section 15-1805, ARS; relating to universities and community colleges. Referred to Committee on Rules. Senate Bill 1046: An Act amending title 35, chapter 1, article 1, ARS, by adding section 35-104; relating to the department of education budget. Referred to Committees on Appropriations; Education K-12. Senate Bill 1047: An Act amending sections 15-816.01 and 15-923, ARS; relating to open school enrollment. Referred to Committee on Education K-12. Senate Bill 1048: An Act amending section 28-1303, ARS; relating to the oversight council on driving or operating under the influence abatement. Referred to Committee on Public Safety and Human Services. Senate Bill 1049: An Act amending title 8, chapter 1, article 1, ARS, by adding section 8-116.02; relating to adoption. Referred to Committee on Public Safety and Human Services. Senate Bill 1050: An Act repealing section 32-4009, ARS; amending section 32-4023, ARS; relating to the board of certified reporters. Referred to Committee on Commerce and Economic Development. Senate Bill 1051: An Act amending sections 15-1854 and 15-1855, ARS; relating to the commission for postsecondary education. Referred to Committee on Higher Education. Senate Bill 1052: An Act amending section 43-206, ARS; relating to urban revenue sharing. Referred to Committees on Public Safety and Human Services; Appropriations. Senate Bill 1053: An Act amending section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to elections. Referred to Committee on Judiciary. Senate Bill 1054: An Act amending sections 41-172, 41-191.09 and 41-192, ARS; relating to the office of the state treasurer. Referred to Committee on Government. Senate Bill 1055: An Act repealing section 41-3008.11, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.11; relating to the Arizona civil rights advisory board. Referred to Committee on Judiciary. Senate Bill 1056: An Act repealing section 41-3008.01, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3015.11; relating to the law enforcement merit system council. Referred to Committee on Judiciary. Senate Bill 1057: An Act amending section 38-1101, ARS; relating to law enforcement officer representation. Referred to Committee on Judiciary. Senate Bill 1058: An Act amending title 33, chapter 16, article 1, ARS, by adding section 33-1817; relating to planned communities. Referred to Committee on Government. Senate Bill 1059: An Act repealing section 16-621, ARS, as amended by Laws 2007, chapter 259, section 1; relating to conduct of elections. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 14, 2008 14 Senate Bill 1060: An Act amending section 38-1101, ARS; relating to law enforcement officer employment interviews. Referred to Committees on Public Safety and Human Services; Government. Senate Bill 1061: An Act amending title 38, chapter 3, article 4, ARS, by adding section 38-449; relating to elected officials. Referred to Committee on Government. Senate Bill 1062: An Act amending sections 13-703, 13-703.04, 13-713 and 13-1105, ARS; amending section 13-703.01, ARS, as amended by Laws 2005, chapter 325, section 3; amending section 13-703.01, ARS, as amended by Laws 2005, chapter 325, section 4; relating to sentencing; providing for conditional enactment. Referred to Committee on Judiciary. Senate Bill 1063: An Act amending section 15-808, ARS; relating to school attendance requirements. Referred to Committee on Education K-12. Senate Bill 1064: An Act amending section 16-241, ARS; amending section 16-246, ARS, as amended by Laws 2007, chapter 183, section 3; repealing section 16-246, ARS, as amended by Laws 2007, chapter 168, section 3; relating to the presidential preference election. Referred to Committee on Judiciary. Senate Bill 1065: An Act amending section 13-1814, ARS; relating to theft. Referred to Committee on Judiciary. Senate Bill 1066: An Act amending section 13-1814, ARS; relating to theft. Referred to Committee on Judiciary. Senate Bill 1067: An Act amending section 13-604, ARS, as amended by Laws 2007, chapter 248, section 1; repealing section 13-604, ARS, as amended by Laws 2007, chapter 287, section 1; amending sections 13-4062, 31-412, 41-1604.11 and 41-1604.13, ARS; blending multiple enactments; relating to sentencing. Referred to Committee on Judiciary. Senate Bill 1068: An Act amending section 13-4033, ARS; relating to criminal appeals. Referred to Committee on Judiciary. Senate Bill 1069: An Act amending sections 41-619.52, 41-619.53, 41-619.55 and 41-1758.01, ARS; relating to the board of fingerprinting. Referred to Committee on Government. Senate Bill 1070: An Act amending section 13-3112, ARS; relating to weapons. Referred to Committee on Judiciary. Senate Bill 1071: An Act amending section 16-461, ARS; relating to conduct of elections. Referred to Committee on Judiciary. Senate Bill 1072: An Act amending section 36-2903.03, ARS; relating to the Arizona health care cost containment system. Referred to Committee on Health; Public Safety and Human Services. Senate Bill 1073: An Act amending sections 42-1001 and 43-105, ARS; relating to taxation. Referred to Committee on Finance. Senate Bill 1074: An Act amending section 6-384, ARS; relating to the deposit of fiduciary funds. Referred to Committee on Rules. Senate Bill 1075: An Act amending section 20-663, ARS; relating to the Arizona property and casualty insurance guaranty fund. Referred to Committee on Rules. Senate Bill 1076: An Act amending title 9, chapter 4, article 8, ARS, by adding section 9-499.13; relating to municipal regulations. Referred to Committee on Government. Senate Bill 1077: An Act amending title 41, ARS, by adding chapter 44; relating to missing persons or unidentified human remains. Referred to Committees on Public Safety and Human Services; Judiciary. Senate Bill 1078: An Act amending sections 32-1401 and 32-1854, ARS; relating to professions and occupations. Referred to Committee on Health. JOURNAL OF THE SENATE Monday, January 14, 2008 15 Senate Bill 1079: An Act amending section 43-1089.01, ARS; relating to individual income tax credits. Referred to Committee on Education K-12. Senate Bill 1080: An Act amending sections 5-302, 5-321.01, 5-349, 5-391, 5-395, 5-395.01, 5-395.02, 5-395.03, 5-395.04, 5-396, 5-397 and 28-1304, ARS; relating to boating. Referred to Committees on Public Safety and Human Services; Transportation. Senate Bill 1081: An Act amending section 15-808, ARS; relating to school attendance. Referred to Committee on Education K-12. Senate Bill 1082: An Act amending section 48-4023, ARS; relating to county jail district property taxes. Referred to Committees on Finance; Government. Senate Bill 1083: An Act amending sections 28-2351, 28-2403, 28-2405, 28-6501, 28-6991, 28-6993 and 41-608, ARS; amending title 28, chapter 7, article 12, ARS, by adding section 28-2429; relating to gold star family special plates. Referred to Committees on Transportation; Appropriations. Senate Bill 1084: An Act extending the time for completion of the enduring freedom memorial in Wesley Bolin plaza. Referred to Committee on Government. Senate Concurrent Memorial 1001: A Concurrent Memorial urging the United States Congress to enact a permanent internet access tax moratorium. Referred to Committee on Finance. Senate Memorial 1001: A Memorial urging the Congress of the United States to provide adequate funding to improve men's health in the United States. Referred to Committee on Health. ADJOURNMENT Upon motion of Senator Arzberger and agreed to, the Senate adjourned at 2:45 p.m. until Tuesday, January 15, 2008 at 11:30 a.m. or upon adjournment of Joint Caucus. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 16 JOURNAL OF THE SENATE Tuesday, January 15, 2008 Second Day The Senate session scheduled to convene at 11:30 a.m. was called to order at 11:56 a.m. Becky Sirrine, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Allen. The following Senators answered on roll call: PRESENT: Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, Pesquiera, Rios, Soltero, Tibshraeny, Waring, President Bee--23 ABSENT: Aboud, Aguirre, O'Halleran, Verschoor--4 EXCUSED: Flake, Harper, Johnson--3 Senator Aguirre was seated at 12:00 noon. Senator Aboud was seated at 12:03 p.m. JOURNAL The President announced that without objection, reading of the Journal of Monday, January 14, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1085: An Act amending section 36-2244, ARS; relating to ambulances and ambulance services. Senate Bill 1086: An Act amending section 20-284, ARS; repealing Laws 2005, chapter 126, section 3; relating to insurance producers. Senate Bill 1087: An Act amending section 4-244.05, ARS; relating to liquor prohibitions. Senate Bill 1088: An Act amending sections 11-502, 12-1116, 15-1029, 15-1485, 15-1688, 17-290, 23-1065, 35-131, 35-141, 35-142, 35-185, 35-187, 35-196.02, 35-196.03, 35-196.04, 35-310, 35-311, 35-312, 35-313, 35-317, 35-318, 35-321, 35-402, 35-404, 35-427, 35-428, 35-429, 36-1903, 41-172, 41-732, 41-739, 48-1067, 48-4548 and 48-5170, ARS; relating to the state treasurer. Senate Bill 1089: An Act amending section 36-2152, ARS; relating to abortion. Senate Bill 1090: An Act amending section 41-1758.03, ARS; relating to the fingerprinting division. Senate Bill 1091: An Act amending sections 32-1422, 32-1430, 32-1451 and 41-1005, ARS; relating to the Arizona medical board. Senate Bill 1092: An Act making appropriations to the department of health services for mental health research. Senate Bill 1093: An Act amending sections 20-1691 and 20-1691.03, ARS; amending title 20, chapter 6, article 15, ARS, by adding section 20-1691.12; relating to long-term care insurance. Senate Bill 1094: An Act amending section 4-244, ARS; relating to liquor licenses. Senate Bill 1095: An Act amending section 41-2124.01, ARS, as amended by Laws 2007, chapter 292, section 12; amending section 41-2124.01, ARS, as amended by Laws 2007, chapter 292, section 13; relating to motor fuel; providing for conditional enactment. JOURNAL OF THE SENATE Tuesday, January 15, 2008 17 Senate Bill 1096: An Act amending section 36-136, ARS; relating to the department of health services. Senate Concurrent Resolution 1001: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 36 and 41, Constitution of Arizona; relating to the judicial department. Senate Concurrent Resolution 1002: A Concurrent Resolution proposing amendments to the Constitution of Arizona; amending article IV, part 1, section 1, Constitution of Arizona; amending article IV, part 2, section 1, Constitution of Arizona; repealing article V, section 1, Constitution of Arizona, as amended by 1991 House Concurrent Resolution 2001 and designated as proposition 100; amending article V, section 1, Constitution of Arizona, as amended by a 1992 initiative measure designated as proposition 107; amending article V, sections 6, 7, 9, 10, 11 and 12, Constitution of Arizona; amending article VI, sections 26 and 38, Constitution of Arizona; amending article XII, section 5, Constitution of Arizona; amending article XIII, section 2, Constitution of Arizona; amending article XXI, section 1, Constitution of Arizona; combining multiple enactments; relating to the office of lieutenant governor. Senate Concurrent Resolution 1003: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; repealing article IX, sections 18 and 19, Constitution of Arizona; amending article IX, Constitution of Arizona, by adding a new section 18; relating to property taxation. Senate Concurrent Resolution 1004: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, section 14, Constitution of Arizona; relating to superior court original jurisdiction. Senate Concurrent Resolution 1005: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending the Constitution of Arizona by adding article XXX; relating to human cloning. Senate Concurrent Resolution 1006: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article II, section 24, Constitution of Arizona; relating to jury trials. Senate Concurrent Resolution 1007: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to the homeland security committee and force. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1019, 1020, 1021, 1022, 1023, 1024, 1025, 1026, 1027, 1028, 1029, 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1051, 1052, 1053, 1054, 1055, 1056, 1057, 1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070, 1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083, 1084, Senate Concurrent Memorial 1001, Senate Memorial 1001 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 14) Senate Bill 1084, do pass Judiciary, Senator Chuck Gray, Chairman (January 14) Senate Bill 1015, do pass amended JOURNAL OF THE SENATE Tuesday, January 15, 2008 18 Senate Bill 1016, do pass Senate Bill 1017, do pass amended Senate Bill 1018, do pass Senate Bill 1071, do pass ADJOURNMENT Upon motion of Senator Blendu and agreed to, the Senate adjourned at 12:11 p.m. until Wednesday, January 16, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 19 Wednesday, January 16, 2008 Third Day The Senate convened at 1:00 p.m. Jamie Bennett, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Aguirre. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burton Cahill, Cheuvront, Flake, Garcia, Gould, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Soltero, Verschoor, Waring, President Bee--19 ABSENT: Hale, Johnson, Leff, McCune Davis, Miranda, O’Halleran, Pesquiera--7 EXCUSED: Burns, Gorman, Rios, Tibshraeny--4 Senators Hale, Leff, Miranda, O’Halleran, Pesquiera, Rios and Tibshraeny were seated at 1:07 p.m. Senators Johnson and McCune Davis were seated at 1:08 p.m. JOURNAL The President announced that without objection, reading of the Journal of Tuesday, January 15, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1104: An Act amending section 15-808, ARS; relating to school attendance requirements. Senate Bill 1105: An Act amending title 42, chapter 1, ARS, by adding article 7; relating to requirements for tax expenditures; providing for conditional enactment. Senate Bill 1106: An Act amending section 13-3112, ARS; relating to weapons. Senate Bill 1107: An Act amending section 25-214, ARS; relating to property rights and contract powers. Senate Concurrent Resolution 1008: A Concurrent Resolution proposing amendments to the Constitution of Arizona; amending article IX, section 22, Constitution of Arizona; amending article IX, Constitution of Arizona, by adding section 24; relating to state revenue and taxation. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1097: An Act amending section 41-3501, ARS; relating to the government information technology agency. Referred to Committee on Government. Senate Bill 1098: An Act amending title 36, chapter 1, article 2, ARS, by adding section 36-135.01; relating to the department of health services. Referred to Committees on Health; Appropriations. Senate Bill 1099: An Act amending section 13-3603.01, ARS; relating to family offenses. Referred to Committee on Judiciary. Senate Bill 1100: An Act amending section 25-323.02, ARS; relating to domestic relations. Referred to Committee on Public Safety and Human Services. JOURNAL OF THE SENATE Wednesday, January 16, 2008 20 Senate Bill 1101: An Act amending section 8-514.04, ARS; making an appropriation; relating to child welfare and placement. Referred to Committees on Public Safety and Human Services; Appropriations. Senate Bill 1102: An Act amending section 36-2152, ARS; relating to abortion. Referred to Committee on Public Safety and Human Services. Senate Bill 1103: An Act amending title 41, chapter 7, article 8.1, ARS, by adding section 41-1234; relating to lobbyists. Referred to Committee on Government. REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1085: to Rules Senate Bill 1086: to Financial Institutions, Insurance and Retirement Senate Bill 1087: to Commerce and Economic Development Senate Bill 1088: to Government Senate Bill 1089: to Public Safety and Human Services Senate Bill 1090: to Rules Senate Bill 1091: to Health Senate Bill 1092: to Health; Appropriations Senate Bill 1093: to Health; Financial Institutions, Insurance and Retirement Senate Bill 1094: to Commerce and Economic Development Senate Bill 1095: to Natural Resources and Rural Affairs Senate Bill 1096: to Government SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1043, 1044, 1045, 1046, 1047, 1048, 1049, 1050 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 14) Senate Bill 1024, do pass amended Transportation, Senator Gould, Chairman (January 15) Senate Bill 1020, do pass Senate Bill 1033, do pass Senate Bill 1037, do pass ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:10 p.m. until Thursday, January 17, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 21 Thursday, January 17, 2008 Fourth Day The Senate convened at 1:00 p.m. Brittany Kropf, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Allen. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Cheuvront, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Soltero, Tibshraeny, Verschoor, Waring, President Bee--24 EXCUSED: Aboud, Burton Cahill, Flake, Johnson, Pesquiera, Rios--6 Senator Pesquiera was seated at 1:07 p.m. JOURNAL The President announced that without objection, reading of the Journal of Wednesday, January 16, 2008 was dispensed with and approved as recorded by the Secretary. PRIVILEGES OF THE FLOOR Privileges of the floor were extended to former President of the Senate Carl Kunasek. MESSAGES FROM THE HOUSE (January 16, 2008) In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of Representatives request the consent of the Senate to adjourn the Forty-eighth Legislature, Second Regular Session, after it has completed its labors Thursday, January 17, 2008, until Tuesday, January 22, 2008. Senator Verschoor moved that the Senate accede to the request of the House of Representatives, Forty-eighth Legislature, Second Regular Session to adjourn from Thursday, January 17, 2008, after its labors are completed, until Tuesday, January 22, 2008. The motion carried and the Secretary notified the House. BUSINESS ON THE PRESIDENT’S DESK Senator Verschoor moved in compliance with Article IV, Part 2, Section 9, Constitution of Arizona, that the Senate, Forty-eighth Legislature, Second Regular Session request consent of the House of Representatives for the Senate to adjourn on Thursday, January 17, 2008, after it has completed its labors, until Tuesday, January 22, 2008. The motion carried and the Secretary notified the House. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1108: An Act amending section 41-4258, ARS; relating to the homeland security advisory council. Senate Bill 1109: An Act amending title 36, chapter 1, article 1, ARS, by adding section 36-113; relating to the department of health services. Senate Bill 1110: An Act amending sections 5-382, 15-2005 and 35-143.01, ARS; repealing sections 15-774, 15-2004, 41-1504.01, 41-1504.02, 41-1515 and 41-2307, ARS; relating to state funds. Senate Bill 1111: An Act amending section 15-977, ARS; relating to school finance. Senate Bill 1112: An Act amending section 25-318, ARS; relating to dissolution of marriage. JOURNAL OF THE SENATE Thursday, January 17, 2008 22 Senate Bill 1113: An Act amending section 36-663, ARS; relating to communicable disease information. Senate Bill 1114: An Act amending section 32-1101.01, ARS; relating to contractors. Senate Bill 1115: An Act amending section 15-1647, ARS; relating to universities. Senate Bill 1116: An Act repealing section 41-3008.12, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.12; relating to physician assistants. Senate Bill 1117: An Act amending section 36-422, ARS; relating to health care institutions. Senate Bill 1118: An Act amending section 15-1481, ARS; relating to community colleges. Senate Bill 1119: An Act amending section 15-1402, ARS; relating to community colleges. Senate Bill 1120: An Act amending section 37-1121, ARS; relating to the Arizona navigable stream adjudication commission. Senate Bill 1121: An Act repealing section 41-3008.08, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.08; relating to the Arizona emergency response commission. Senate Concurrent Resolution 1009: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to public agency lobbyists. REFERENCE OF BILLS Senate Bill 1098 was withdrawn from the Committee on Appropriations. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1097, 1098, 1099, 1100, 1101, 1102, 1103 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Education K-12, Senator Johnson, Chairman (January 16) Senate Bill 1025, do pass amended Finance, Senator Waring, Chairman (January 16) Senate Bill 1002, do pass amended Senate Bill 1073, do pass Health, Senator Allen, Chairman (January 17) Senate Bill 1078, do pass RECESS At 1:11 p.m. the Senate stood at recess subject to the sound of the gavel. JOURNAL OF THE SENATE Thursday, January 17, 2008 23 RECONVENE The President called the Senate to order at 1:21 p.m. MESSAGES FROM THE HOUSE (January 17, 2008) In compliance with Article IV, Part 2, Section 9, Constitution of Arizona, the House of Representatives, Forty-eighth Legislature, Second Regular Session has acceded to the request of the Senate to adjourn Thursday, January 17, 2008, after it has completed its labors until Tuesday, January 22, 2008. ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:24 p.m. until Tuesday, January 22, 2008 at 10:00 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 24 JOURNAL OF THE SENATE Tuesday, January 22, 2008 Ninth Day The Senate session scheduled to convene at 10:00 a.m. was called to order at 10:19 a.m. Tracey Moulton, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Arzberger. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Cheuvront, Garcia, Gorman, Gray C, Gray L, Hale, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--25 ABSENT: Johnson--1 EXCUSED: Aboud, Burton Cahill, Flake, Gould--4 Senator Johnson was seated at 10:22 a.m. JOURNAL The President announced that without objection, reading of the Journal of Thursday, January 17, 2008 was dispensed with and approved as recorded by the Secretary. RECESS At 10:33 a.m. the Senate stood at recess subject to the sound of the gavel following the performance of Isker Boy’s Choir from Almaty, Kazakhstan. RECONVENE The President called the Senate to order at 10:39 a.m. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1122: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1123: An Act repealing section 41-3008.20, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3010.24; relating to board of homeopathic medical examiners. Senate Bill 1124: An Act amending sections 26-305.01, 26-305.02, 30-651, 30-652, 30-722, 41-1804, 41-3016.13 and 49-104, ARS; relating to the radiation regulatory agency. Senate Bill 1125: An Act amending sections 23-418.01 and 23-901, ARS; relating to workers' compensation. Senate Bill 1126: An Act amending section 20-456, ARS; relating to insurance. Senate Bill 1127: An Act amending sections 4-202 and 4-210, ARS; relating to liquor licenses. Senate Bill 1128: An Act amending sections 32-3401, 32-3403, 32-3404, 32-3405, 32-3422, 32-3423, 32-3424, 32-3426, 32-3427, 32-3428, 32-3429, 32-3430, 32-3441 and 32-3442, ARS; changing the article heading of title 32, chapter 34, article 2, ARS, to “licensure”; repealing section 32-3421, ARS; amending title 32, chapter 34, article 2, ARS, by adding a new section 32-3421; relating to the board of occupational therapy examiners. Senate Bill 1129: An Act repealing section 41-3008.09, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.09; relating to occupational therapy. JOURNAL OF THE SENATE Tuesday, January 22, 2008 25 Senate Bill 1130: An Act establishing the state parks financing study committee. Senate Bill 1131: An Act changing the term of a public member of the state board of accountancy. Senate Bill 1132: An Act amending section 4-226, ARS; amending title 4, chapter 2, article 2, ARS, by adding section 4-229; amending sections 4-244, 4-246, 5-395.03, 13-3102, 28-1321, 28-1385, 28-3320, 28-3322 and 28-3511, ARS; relating to firearms. Senate Bill 1133: An Act amending section 23-722.01, ARS; relating to employment. Senate Bill 1134: An Act changing the designation of title 32, chapter 14, article 1, ARS, to “naturopathic physicians medical board”; amending sections 32-1501, 32-1502, 32-1505, 32-1507, 32-1522.01, 32-1523, 32-1525, 32-1551, 32-1553, 32-1555, 32-1556, 32-1581, 32-4204, 32-4205, 41-1092 and 41-3015.04, ARS; relating to the naturopathic physicians medical board. Senate Bill 1135: An Act amending section 36-2907, ARS; relating to the Arizona health care cost containment system. REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Public Safety and Human Services, Senator Gray L, Chairman (January 17) Senate Bill 1004, do pass amended ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 10:41 a.m. until Wednesday, January 23, 2008 at 1:00 p.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate (Indian Nations and Tribes Legislative Day was held in the House Chamber on Tuesday, January 22, 2008 at 10:30 a.m.) 26 JOURNAL OF THE SENATE Wednesday, January 23, 2008 Tenth Day The Senate convened at 1:00 p.m. with President Pro Tempore Blendu presiding. Reverend Monsignor Richard W. O'Keeffe, Pastor of Immaculate Conception Parish, Yuma, offered prayer. Pledge of Allegiance to the Flag was led by Senator Huppenthal. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Gorman, Gray C, Gray L, Harper, Huppenthal, Landrum Taylor, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Waring--21 ABSENT: Aboud, Johnson, Miranda, Verschoor--4 EXCUSED: Flake, Garcia, Gould, Hale, President Bee--5 Senator Johnson was seated at 1:05 p.m. Senator Verschoor was seated at 1:10 p.m. Senator Miranda was seated at 1:14 p.m. JOURNAL President Pro Tempore Blendu announced that without objection, reading of the Journal of Tuesday, January 22, 2008 was dispensed with and approved as recorded by the Secretary. PERSONAL PRIVILEGE Senator Arzberger read in full a Proclamation on Arizona Aviation Day as follows: Proclamation Arizona Aviation Day WHEREAS, an efficient and reliable aviation system is a critical element of Arizona’s overall transportation system and the vitality of our state’s economy; and WHEREAS, the aviation industry had a $38.7 billion impact on Arizona’s economy in 2007; and WHEREAS, over the next twenty years the total number of passengers at all twelve commercial service airports in the state is expected to nearly double; as well as the amount of cargo passing through our airports is expected to more than double; and WHEREAS, the total number of general aviation aircraft based in Arizona is expected to increase by more than 30 percent over the next twenty years; NOW THEREFORE, we, the Arizona State Senate, do hereby proclaim January 23, 2008, Arizona Aviation Day. Dated this 23rd day of January, 2008, Arizona State Senate /s/ Timothy S. Bee /s/ Marsha Arzberger President, Arizona State Senate Democratic Leader, Arizona State Senate INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1136: An Act amending sections 5-396, 13-701, 28-1383, 28-8288 and 31-201.01, ARS; amending title 31, chapter 1, article 2, ARS, by adding section 31-133; relating to prisoners. JOURNAL OF THE SENATE Wednesday, January 23, 2008 27 Senate Bill 1137: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1138: An Act amending sections 9-463.05, 9-500.18 and 11-1102, ARS; relating to local development fees. Senate Bill 1139: An Act amending sections 35-313, 35-316, 35-323.01 and 41-177, ARS; relating to the state treasurer. Senate Bill 1140: An Act amending sections 5-395.01, 5-396, 5-397 and 28-1381, ARS; amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; amending sections 28-1383, 28-8284, 28-8286, 28-8287 and 28-8288, ARS; amending title 41, chapter 12, article 2, ARS, by adding section 41-1722; making an appropriation; relating to law enforcement safety equipment. Senate Bill 1141: An Act amending section 36-2263, ARS; relating to automated external defibrillators. Senate Bill 1142: An Act amending sections 41-1682, 41-1683 and 41-1830.31, ARS; relating to private prisons. Senate Bill 1143: An Act amending section 36-1938, ARS; relating to hearing aid dispensers. Senate Bill 1144: An Act amending section 36-2244, ARS; relating to ambulances and ambulance services. Senate Bill 1145: An Act amending section 44-1373, ARS; relating to personal identifying information. Senate Bill 1146: An Act amending section 36-605, ARS; relating to contagious diseases. Senate Bill 1147: An Act amending section 15-1808, ARS; relating to universities and community colleges. Senate Bill 1148: An Act amending section 15-1824, ARS; relating to postsecondary education. Senate Bill 1149: An Act amending sections 36-2220, 36-2221, 36-2222 and 36-2225, ARS; making an appropriation; relating to emergency medical services. Senate Bill 1150: An Act amending section 32-2815, ARS; relating to the medical radiologic technology board of examiners. Senate Bill 1151: An Act amending section 25-211, ARS; relating to dissolution of marriage. Senate Bill 1152: An Act amending section 20-461, ARS; relating to chiropractic copayments, coinsurance or deductibles. Senate Bill 1153: An Act amending sections 13-3101, 13-3102, 13-3110 and 13-3112, ARS; relating to explosives. Senate Bill 1154: An Act amending section 13-3110, ARS; relating to explosives. Senate Bill 1155: An Act repealing section 22-504, ARS; amending title 22, chapter 5, article 1, ARS, by adding a new section 22-504; relating to the small claims divisions of the justice courts. Senate Bill 1156: An Act amending title 39, chapter 1, article 2, ARS, by adding section 39-128; relating to public records. Senate Bill 1157: An Act amending sections 42-5061, 42-5159 and 42-6004, ARS; relating to taxation. JOURNAL OF THE SENATE Wednesday, January 23, 2008 28 Senate Bill 1158: An Act repealing section 41-3008.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.02; relating to veterinarians. Senate Bill 1159: An Act amending title 12, chapter 1, article 2, ARS, by adding section 12-131; relating to the superior court. Senate Bill 1160: An Act amending sections 21-314 and 21-331, ARS; relating to juries. Senate Bill 1161: An Act amending section 13-3112, ARS; relating to weapons. Senate Bill 1162: An Act amending section 16-168, ARS; relating to registration rolls. Senate Bill 1163: An Act amending section 20-1241.01, ARS; relating to life insurance replacement policies. Senate Bill 1164: An Act amending section 29-609, ARS; relating to limited liability companies. Senate Bill 1165: An Act amending section 28-2091, ARS; relating to the salvage, seizure and dismantling of vehicles. Senate Bill 1166: An Act amending section 35-142, ARS; relating to the state treasurer. Senate Bill 1167: An Act amending section 28-776, ARS; relating to funeral escort vehicles. Senate Bill 1168: An Act amending section 3-268, ARS; amending title 3, chapter 2, ARS, by adding article 7; amending sections 3-1206, 3-1372, 3-1373, 3-1374, 3-1375, 3-1376, 3-1377, 3-1402 and 41-2706, ARS; relating to agriculture. Senate Bill 1169: An Act amending section 41-608.04, ARS; relating to the military family relief fund. Senate Bill 1170: An Act repealing section 35-504, ARS; relating to the debt oversight commission. Senate Bill 1171: An Act changing the designation of title 32, chapter 1, article 1, ARS, to "registrar of contractors"; amending sections 12-1000, 12-1001, 27-107, 27-151, 32-101, 32-106, 32-106.01, 32-106.02, 32-107, 32-108, 32-109, 32-110, 32-111, 32-112, 32-121, 32-122, 32-122.01, 32-122.02, 32-122.03, 32-122.04, 32-123, 32-124, 32-125, 32-126, 32-127, 32-128, 32-129, 32-131, 32-141, 32-144, 32-145, 32-146, 32-147, 32-148, 32-149, 32-150, 32-151, 32-152, 41-1092, 41-3014.08 and 49-218, ARS; repealing sections 32-102, 32-103, 32-104, 32-105 and 41-3016.11, ARS; relating to architects, assayers, engineers, geologists, home inspectors, landscape architects and surveyors. Senate Bill 1172: An Act amending sections 15-445 and 15-825.02, ARS; relating to school admission requirements. Senate Bill 1173: An Act amending section 23-901.01, ARS; relating to workers' compensation. Senate Bill 1174: An Act amending sections 8-135, 8-550.01, 12-113, 12-135, 12-284, 12-305, 33-502, 36-3002, 38-233, 38-810 and 41-126, ARS; amending title 41, chapter 1, article 4, ARS, by adding section 41-178; amending sections 41-312, ARS; amending title 41, chapter 2, article 2, ARS, by adding section 41-314; amending sections 41-315, 41-317, 41-322 and 41-330, ARS; repealing section 41-332, ARS; amending section 41-2402, ARS; relating to notary public registration. Senate Concurrent Resolution 1010: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, section 27, Constitution of Arizona; relating to the judicial department. Senate Concurrent Resolution 1011: A Concurrent Resolution proposing an amendment to the Constitution of Arizona, amending article VI, section 42, Constitution of Arizona; relating to the judicial department. JOURNAL OF THE SENATE Wednesday, January 23, 2008 29 REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1104: to Education K-12 Senate Bill 1105: to Finance Senate Bill 1106: to Judiciary Senate Bill 1107: to Public Safety and Human Services Senate Bill 1108: to Government Senate Bill 1109: to Health; Public Safety and Human Services Senate Bill 1110: to Appropriations Senate Bill 1111: to Education K-12 Senate Bill 1112: to Public Safety and Human Services Senate Bill 1113: to Health Senate Bill 1114: to Rules Senate Bill 1115: to Rules Senate Bill 1116: to Health Senate Bill 1117: to Health Senate Bill 1118: to Rules Senate Bill 1119: to Rules Senate Bill 1120: to Natural Resources and Rural Affairs Senate Bill 1121: to Government Senate Bill 1122: to Government Senate Bill 1123: to Health Senate Bill 1124: to Natural Resources and Rural Affairs Senate Bill 1125: to Commerce and Economic Development Senate Bill 1126: to Financial Institutions, Insurance and Retirement Senate Bill 1127: to Commerce and Economic Development Senate Bill 1128: to Health Senate Bill 1129: to Health Senate Bill 1130: to Natural Resources and Rural Affairs Senate Bill 1131: to Commerce and Economic Development Senate Bill 1132: to Commerce and Economic Development Senate Bill 1133: to Commerce and Economic Development Senate Bill 1134: to Health Senate Bill 1135: to Health; Appropriations ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 1:16 p.m. until Thursday, January 24, 2008 at 1:00 p.m. ROBERT N. BLENDU President Pro Tempore of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 30 JOURNAL OF THE SENATE Thursday, January 24, 2008 Eleventh Day The Senate convened at 1:00 p.m. Senator Allen offered prayer. Pledge of Allegiance to the Flag was led by Senator Burns. The following Senators answered on roll call: PRESENT: Aboud, Allen, Arzberger, Blendu, Burns, Flake, Garcia, Gorman, Gray C, Gray L, Hale, Harper, Johnson, Landrum Taylor, Leff, McCune Davis, Miranda, O'Halleran, Pesquiera, Soltero, Tibshraeny, Verschoor, Waring, President Bee--24 ABSENT: Huppenthal, Rios--2 EXCUSED: Aguirre, Burton Cahill, Cheuvront, Gould--4 Senator Huppenthal was seated at 1:07 p.m. JOURNAL The President announced that without objection, reading of the Journal of Wednesday, January 23, 2008 was dispensed with and approved as recorded by the Secretary. RECESS At 1:10 p.m.. the Senate stood at recess subject to the sound of the gavel. RECONVENE The President called the Senate to order at 2:33 p.m. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1175: An Act amending title 15, chapter 14, ARS, by adding article 9; relating to universities and community colleges. Referred to Committee on Higher Education. Senate Bill 1176: An Act amending section 32-2632, ARS; relating to security guards. Referred to Committee on Rules. Senate Bill 1177: An Act amending section 32-3619, ARS; relating to the state board of appraisal. Referred to Committee on Rules. Senate Bill 1178: An Act amending section 32-3025, ARS; relating to private postsecondary education. Referred to Committee on Rules. Senate Bill 1179: An Act amending title 36, chapter 29, article 1, ARS, by adding section 36-2905.05; relating to the Arizona health care cost containment system. Referred to Committee on Health. Senate Bill 1180: An Act repealing section 41-3008.05, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.05; relating to the state land department. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1181: An Act repealing section 41-3008.03, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.03; relating to the Arizona beef council. Referred to Committee on Natural Resources and Rural Affairs. Senate Bill 1182: An Act amending sections 41-328 and 41-366, ARS; relating to notaries public. Referred to Committee on Government. Senate Bill 1183: An Act amending title 25, chapter 2, article 2, ARS, by adding section 25-216; repealing section 33-413, ARS; amending title 33, chapter 4, article 2, ARS, by adding a new section 33-413; relating to marital property and contract rights. Referred to Committees on Public Safety and Human Services; Appropriations. JOURNAL OF THE SENATE Thursday, January 24, 2008 31 Senate Bill 1184: An Act amending sections 28-1304, 28-1321 and 28-1381, ARS; amending section 28-1382, ARS, as amended by Laws 2007, chapter 219, section 2; repealing section 28-1382, ARS, as amended by Laws 2007, chapter 195, section 3; amending sections 28-1383, 28-1385, 28-1387, 28-1401, 28-1402, 28-1403, 28-1461, 28-1463, 28-1464, 28-3315 and 28-3319, ARS; amending title 28, chapter 4, article 4, ARS, by adding section 28-1445; relating to driving under the influence. Referred to Committee on Public Safety and Human Services. Senate Concurrent Resolution 1012: A Concurrent Resolution enacting and ordering the submission to the people of a measure relating to identification requirements for the disbursement of public services. Referred to Committee on Public Safety and Human Services. REFERENCE AND SECOND READING OF BILLS The following bills were referred to Committees and read the second time by number and short title: Senate Bill 1136: to Public Safety and Human Services; Appropriations Senate Bill 1137: to Government Senate Bill 1138: to Government Senate Bill 1139: to Government Senate Bill 1140: to Public Safety and Human Services; Appropriations Senate Bill 1141: to Health Senate Bill 1143: to Rules Senate Bill 1144: to Rules Senate Bill 1145: to Financial Institutions, Insurance and Retirement Senate Bill 1146: to Rules Senate Bill 1147: to Higher Education; Appropriations Senate Bill 1148: to Higher Education Senate Bill 1149: to Health; Appropriations Senate Bill 1150: to Health Senate Bill 1151: to Public Safety and Human Services Senate Bill 1152: to Health Senate Bill 1153: to Judiciary Senate Bill 1154: to Judiciary Senate Bill 1155: to Judiciary Senate Bill 1156: to Transportation Senate Bill 1157: to Finance Senate Bill 1158: to Natural Resources and Rural Affairs Senate Bill 1159: to Judiciary Senate Bill 1160: to Judiciary Senate Bill 1161: to Judiciary Senate Bill 1162: to Judiciary Senate Bill 1163: to Financial Institutions, Insurance and Retirement Senate Bill 1164: to Financial Institutions, Insurance and Retirement Senate Bill 1165: to Transportation Senate Bill 1166: to Financial Institutions, Insurance and Retirement Senate Bill 1167: to Public Safety and Human Services Senate Bill 1168: to Natural Resources and Rural Affairs; Appropriations Senate Bill 1169: to Government Senate Bill 1170: to Appropriations Senate Bill 1171: to Commerce and Economic Development; Government Senate Bill 1172: to Education K-12 Senate Bill 1173: to Commerce and Economic Development Senate Bill 1174: to Government Senate Concurrent Resolution 1001: to Judiciary Senate Concurrent Resolution 1002: to Government Senate Concurrent Resolution 1003: to Finance; Appropriations Senate Concurrent Resolution 1004: to Rules Senate Concurrent Resolution 1005: to Health Senate Concurrent Resolution 1006: to Judiciary Senate Concurrent Resolution 1007: to Government; Appropriations Senate Concurrent Resolution 1008: to Finance Senate Concurrent Resolution 1009: to Government Senate Concurrent Resolution 1010: to Judiciary Senate Concurrent Resolution 1011: to Judiciary JOURNAL OF THE SENATE Thursday, January 24, 2008 32 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 2:37 p.m. until Monday, January 28, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 33 Monday, January 28, 2008 Fifteenth Day The Senate convened at 11:30 a.m. Susan Aceves, Senate Attache, offered prayer. Pledge of Allegiance to the Flag was led by Senator Burton Cahill. The following Senators answered on roll call: PRESENT: Aguirre, Allen, Arzberger, Blendu, Burns, Burton Cahill, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--26 ABSENT: Cheuvront, Miranda--2 EXCUSED: Aboud, Landrum Taylor--2 Senator Cheuvront was seated at 11:42 a.m. JOURNAL The President announced that without objection, reading of the Journal of Thursday, January 24, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1227: An Act amending sections 32-701, 32-703, 32-721, 32-725, 32-730, 32-731, 32-742, 32-747 and 32-747.01, ARS; relating to certified public accountants. Senate Bill 1228: An Act repealing title 10, chapter 41, ARS; amending title 10, ARS, by adding a new chapter 41; relating to management of charitable funds. Senate Bill 1229: An Act amending sections 15-341 and 15-344, ARS; relating to school districts. INTRODUCTION, FIRST READING AND REFERENCE OF BILLS The following bills were introduced, read the first time by number and short title, referred to committees and placed under Second Reading of Bills: (full title shown) Senate Bill 1185: An Act amending section 44-1695, ARS; amending title 44, chapter 11, article 6, ARS, by adding section 44-1698; relating to consumer reporting agencies and fair credit reporting. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1186: An Act amending title 12, chapter 1, article 1, ARS, by adding section 12-119.04; relating to the supreme court. Referred to Committee on Judiciary. Senate Bill 1187: An Act amending section 13-1204, ARS; relating to assault. Referred to Committee on Judiciary. Senate Bill 1188: An Act amending sections 16-131, 16-134, 16-140 and 16-181, ARS; relating to qualification and registration of electors. Referred to Committees on Judiciary; Government. Senate Bill 1189: An Act amending title 33, chapter 4, article 2, ARS, by adding section 33-425; amending sections 41-511.04 and 42-11110, ARS; relating to private historic cemeteries. Referred to Committee on Government. Senate Bill 1190: An Act amending section 11-441, ARS; relating to county sheriffs. Referred to Committee on Judiciary. JOURNAL OF THE SENATE Monday, January 28, 2008 34 Senate Bill 1191: An Act amending section 13-810, ARS; amending title 13, chapter 8, ARS, by adding section 13-814; relating to restitution and fines. Referred to Committee on Judiciary. Senate Bill 1192: An Act amending section 13-2702, ARS; relating to perjury. Referred to Committee on Judiciary. Senate Bill 1193: An Act amending section 16-222, ARS; relating to election dates. Referred to Committee on Judiciary. Senate Bill 1194: An Act amending title 41, chapter 4, ARS, by adding article 5.1; relating to outsourcing of state service positions. Referred to Committee on Government. Senate Bill 1195: An Act amending title 41, chapter 10, ARS, by adding article 5; relating to apprentices on state construction projects. Referred to Committee on Government. Senate Bill 1196: An Act amending title 23, chapter 8, ARS, by adding article 7; relating to labor organizations. Referred to Committee on Commerce and Economic Development. Senate Bill 1197: An Act amending title 23, chapter 9, ARS, by adding article 2; relating to legislative employment leave. Referred to Committee on Commerce and Economic Development. Senate Bill 1198: An Act amending section 23-777, ARS; relating to employment security. Referred to Committee on Commerce and Economic Development. Senate Bill 1199: An Act amending title 23, ARS, by adding chapter 10; relating to family leave insurance. Referred to Committees on Appropriations; Financial Institutions, Insurance and Retirement. Senate Bill 1200: An Act amending section 16-168, ARS; relating to registration rolls. Referred to Committee on Judiciary. Senate Bill 1201: An Act amending sections 44-1271 and 44-1276, ARS; amending title 44, chapter 9, article 6, ARS, by adding section 44-1283; relating to telephone solicitations. Referred to Committees on Commerce and Economic Development; Judiciary. Senate Bill 1202: An Act amending section 32-1971, ARS; amending title 32, chapter 18, article 3, ARS, by adding section 32-1974; repealing Laws 2006, chapter 337, section 7; relating to the state board of pharmacy. Referred to Committee on Commerce and Economic Development. Senate Bill 1203: An Act amending sections 6-126, 6-901, 6-903, 6-909, 6-943 and 6-947, ARS; changing the designation of title 6, chapter 9, ARS, to "mortgage brokers, mortgage bankers and loan originators"; amending title 6, chapter 9, ARS, by adding article 4; relating to loan originators. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1204: An Act amending section 28-302, ARS; relating to the state transportation board. Referred to Committee on Transportation. Senate Bill 1205: An Act amending section 45-2451, ARS; relating to the Arizona water banking authority. Referred to Committee on Rules. Senate Bill 1206: An Act amending section 3-108, ARS; relating to the department of agriculture. Referred to Committee on Rules. Senate Bill 1207: An Act amending section 13-4434, ARS; relating to victims' rights. Referred to Committee on Judiciary. Senate Bill 1208: An Act amending title 36, ARS, by adding chapter 14; relating to human cloning. Referred to Committees on Health; Judiciary. Senate Bill 1209: An Act amending section 45-1022, ARS; relating to waters. Referred to Committee on Rules. JOURNAL OF THE SENATE Monday, January 28, 2008 35 Senate Bill 1210: An Act amending section 15-1469, ARS; relating to community colleges. Referred to Committee on Higher Education. Senate Bill 1211: An Act amending sections 1-305, 11-137 and 16-204, ARS; relating to elections. Referred to Committee on Judiciary. Senate Bill 1212: An Act amending section 16-226, ARS; relating to elections and electors. Referred to Committee on Rules. Senate Bill 1213: An Act amending title 36, chapter 29, article 1, ARS, by adding section 36-2930.01; relating to the Arizona health care cost containment system. Referred to Committee on Health. Senate Bill 1214: An Act amending section 13-3102, ARS; relating to weapons. Referred to Committee on Judiciary. Senate Bill 1215: An Act amending section 15-183, ARS; relating to charter schools. Referred to Committee on Education K-12. Senate Bill 1216: An Act amending title 15, chapter 1, article 1, ARS, by adding section 15-107; relating to school pupils. Referred to Committee on Education K-12. Senate Bill 1217: An Act repealing Laws 2007, chapter 261, section 17; relating to the corrections officer retirement plan. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1218: An Act amending section 15-975, ARS; relating to school finance. Referred to Committee on Rules. Senate Bill 1219: An Act amending section 15-881, ARS; relating to extended school year programs. Referred to Committee on Rules. Senate Bill 1220: An Act amending section 28-9122, ARS; relating to public transportation authorities. Referred to Committee on Transportation. Senate Bill 1221: An Act amending section 41-1801, ARS; relating to critical infrastructure. Referred to Committee on Rules. Senate Bill 1222: An Act amending section 41-1837, ARS; relating to financial responsibility for emergency medical services. Referred to Committee on Rules. Senate Bill 1223: An Act amending title 12, chapter 5.1, article 1, ARS, by adding section 12-572; transferring and renumbering section 32-1473, ARS, for placement in title 12, chapter 5.1, article 1, ARS, as section 12-573; amending section 12-573, ARS, as transferred and renumbered by this act; relating to health care actions. Referred to Committee on Health. Senate Bill 1224: An Act amending sections 32-1401, 32-1501, 32-1854, 32-2501 and 32-3201, ARS; amending title 32, chapter 32, article 1, ARS, by adding section 32-3213; relating to health professionals. Referred to Committee on Health. Senate Bill 1225: An Act amending sections 38-747, 38-769, 38-770 and 38-775, ARS; relating to the Arizona state retirement system. Referred to Committee on Financial Institutions, Insurance and Retirement. Senate Bill 1226: An Act amending section 15-502, ARS; making an appropriation; relating to school employees. Referred to Committees on Education K-12; Appropriations. Senate Concurrent Memorial 1002: A Concurrent Memorial urging the Congress of the United States to propose an amendment to the Constitution of the United States to repeal the requirement for direct election of United States senators. Referred to Committee on Judiciary. Senate Concurrent Memorial 1003: A Concurrent Memorial urging the Congress of the United States to enact legislation clarifying the fourteenth amendment to the United States Constitution as denying citizenship to children of illegal aliens by virtue of their being born in the United States. Referred to Committee on Public Safety and Human Services. JOURNAL OF THE SENATE Monday, January 28, 2008 36 Senate Concurrent Resolution 1013: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 36 and 41, Constitution of Arizona; relating to the judicial department. Referred to Committee on Judiciary. Senate Concurrent Resolution 1014: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; amending article VI, sections 12, 20, 28, 30, 35, 37, 38, 39, 40 and 41, Constitution of Arizona; relating to the judicial department. Referred to Committee on Judiciary. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, Senate Concurrent Resolution 1012 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 11:45 a.m. until Tuesday, January 29, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate JOURNAL OF THE SENATE 37 Tuesday, January 29, 2008 Sixteenth Day The Senate convened at 11:30 a.m. Pastor David Friend, Scottsdale First Assembly Church, offered prayer. Pledge of Allegiance to the Flag was led by Senator Cheuvront. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Arzberger, Blendu, Burns, Burton Cahill, Cheuvront, Flake, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--26 ABSENT: Allen--1 EXCUSED: Garcia, McCune Davis, Miranda--3 Senator Allen was seated at 11:39 a.m. Senator Garcia was seated at 11:43 a.m. JOURNAL The President announced that without objection, reading of the Journal of Monday, January 28, 2008 was dispensed with and approved as recorded by the Secretary. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1230: An Act amending section 15-154, ARS; relating to school safety. Senate Bill 1231: An Act amending title 13, chapter 8, ARS, by adding section 13-824; amending title 28, chapter 4, article 4, ARS, by adding section 28-1445; relating to reimbursement for costs of conviction. Senate Bill 1232: An Act amending sections 32-2124, 32-2130 and 32-2131, ARS; relating to the real estate department. Senate Bill 1233: An Act amending title 41, chapter 23, article 1, ARS, by adding section 41-2505; relating to the state procurement code. Senate Bill 1234: An Act amending section 36-2907, ARS; relating to the Arizona health care cost containment system. Senate Bill 1235: An Act amending title 41, chapter 4, article 3, ARS, by adding section 41725; relating to state financial disclosure. Senate Bill 1236: An Act amending sections 32-1407, 32-1806 and 32-1904, ARS; changing the designation of title 32, chapter 29, article 1, ARS, to "board of homeopathic and integrated medicine examiners"; amending sections 32-2901, 32-2902, 32-2904, 32-2906, 32-2912, 32-2913, 32-2914, 32-2915, 32-2916, 32-2933 and 32-2934, ARS; amending title 32, chapter 29, article 3, ARS, by adding section 32-2936; amending section 41-1092, ARS; relating to the board of homeopathic and integrated medicine examiners. Senate Bill 1237: An Act amending section 11-1102, ARS; relating to county development fees. Senate Bill 1238: An Act repealing section 45-264, ARS; relating to waters. Senate Bill 1239: An Act amending sections 6-1256 and 6-1263, ARS; amending title 6, chapter 12.1, article 1, ARS, by adding section 6-1264; relating to deferred presentment transactions. Senate Bill 1240: An Act amending section 33-2201, ARS; relating to the timeshare owner's association and management act. JOURNAL OF THE SENATE Tuesday, January 29, 2008 38 Senate Bill 1241: An Act amending title 36, ARS, by adding chapter 31; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.01; relating to the health security plan. Senate Bill 1242: An Act amending title 20, chapter 4, article 3, ARS, by adding section 20-826.04; amending sections 20-841 and 20-1057, ARS; amending title 20, chapter 4, article 9, ARS, by adding section 20-1057.11; amending title 20, chapter 6, article 5, ARS, by adding sections 20-1402.03 and 20-1404.03; amending section 20-1406, ARS; relating to health insurance coverage. Senate Bill 1243: An Act amending title 44, chapter 11, ARS, by adding article 23; relating to health care businesses. Senate Bill 1244: An Act amending section 43-222, ARS; amending title 43, chapter 10, article 5, ARS, by adding section 43-1074.03; amending title 43, chapter 11, article 6, ARS, by adding section 43-1184; making appropriations; relating to individual and corporate income tax credits. Senate Bill 1245: An Act repealing section 41-3008.16, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.16; relating to the Arizona pioneers' home and disabled miners hospital. Senate Bill 1246: An Act repealing section 41-3008.08, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.08; relating to the Arizona emergency response commission. Senate Bill 1247: An Act amending title 23, chapter 2, article 1, ARS, by adding section 23-204; relating to employment practices. Senate Bill 1248: An Act amending sections 23-1302, 23-1304, 23-1305, 23-1306 and 23-1501, ARS; relating to labor relations. Senate Bill 1249: An Act amending title 41, chapter 23, ARS, by adding article 11; relating to the state procurement code. Senate Bill 1250: An Act amending title 36, ARS, by adding chapter 11; relating to prescription medication marketing costs. Senate Bill 1251: An Act amending title 32, chapter 18, article 3, ARS, by adding section 32-1974; relating to the board of pharmacy. Senate Bill 1252: An Act amending title 23, chapter 8, ARS, by adding article 7; amending section 41-1092.02, ARS; amending title 41, chapter 27, article 2, ARS, by adding section 41-3018.01; relating to the public employee bargaining act. Senate Bill 1253: An Act amending title 41, chapter 4, article 1, ARS, by adding section 41-705; relating to state employees. Senate Bill 1254: An Act amending sections 43-206 and 43-222, ARS; amending title 43, chapter 10, article 5, ARS, by adding section 43-1072.02; relating to individual income taxation. Senate Bill 1255: An Act amending title 41, chapter 6, article 4.1, ARS, by adding section 41-1046; relating to the administrative rules oversight committee. Senate Bill 1256: An Act amending sections 42-17001, 42-17003, 42-17004, 42-17005, 42-17052, 42-17054, 42-17055 and 48-807, ARS; amending title 48, chapter 5, article 1, ARS, by adding section 48-808; amending sections 48-1104 and 48-3620, ARS; amending title 48, chapter 21, article 1, ARS, by adding section 48-3620.03; amending sections 48-3903, 48_4023, 48-4023.01 and 48-5805, ARS; relating to secondary property taxes. Senate Bill 1257: An Act amending section 12-128.01, ARS; relating to the superior court. Senate Bill 1258: An Act amending title 33, chapter 20, article 1, ARS, by adding section 33-2211; relating to the timeshare owner's association and management act. Senate Bill 1259: An Act amending section 13-4085, ARS; relating to material witnesses. JOURNAL OF THE SENATE Tuesday, January 29, 2008 39 Senate Bill 1260: An Act amending sections 16-204, 19-143 and 42-6006, ARS; relating to elections. Senate Bill 1261: An Act amending section 8-892, ARS; relating to children. Senate Bill 1262: An Act amending section 28-708, ARS; relating to vehicle speed restrictions. Senate Concurrent Resolution 1015: A Concurrent Resolution proposing an amendment to the Constitution of Arizona; repealing article XXV, Constitution of Arizona; amending the Constitution of Arizona by adding a new article XXV; relating to collective bargaining. SECOND READING OF BILLS The following bills were read the second time by number and short title: Senate Bills 1185, 1186, 1187, 1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200, 1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213, 1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226, Senate Concurrent Memorials 1002, 1003, Senate Concurrent Resolutions 1013, 1014 REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Financial Institutions, Insurance and Retirement, Senator Gorman, Chairman (January 28) Senate Bill 1086, do pass Government, Senator Harper, Chairman (January 28) Senate Bill 1082, do pass Senate Bill 1108, do pass Judiciary, Senator Gray C, Chairman (January 28) Senate Bill 1011, do pass Senate Bill 1022, do pass Senate Bill 1036, do pass Senate Bill 1056, do pass Senate Bill 1057, do pass Senate Bill 1059, do pass Rules, Senator Tibshraeny, Chairman (January 28) Proper for Consideration: Senate Bills 1002, 1004, 1017, 1018, 1025, 1037, 1071, 1073, 1078, 1084 Proper for Consideration Amended: Senate Bill 1024 ADJOURNMENT Upon motion of Senator Verschoor and agreed to, the Senate adjourned at 11:48 a.m. until Wednesday, January 30, 2008 at 11:30 a.m. TIMOTHY S. BEE President of the Senate ATTEST: CHARMION BILLINGTON Secretary of the Senate 40 JOURNAL OF THE SENATE Wednesday, January 30, 2008 Seventeenth Day The Senate convened at 11:30 a.m. Senator Blendu offered prayer. Pledge of Allegiance to the Flag was led by Senator Flake. The following Senators answered on roll call: PRESENT: Aboud, Aguirre, Allen, Arzberger, Blendu, Burton Cahill, Cheuvront, Flake, Garcia, Gorman, Gould, Gray C, Gray L, Hale, Harper, Huppenthal, Johnson, Landrum Taylor, Leff, McCune Davis, O'Halleran, Pesquiera, Rios, Soltero, Tibshraeny, Verschoor, Waring, President Bee--28 EXCUSED: Burns, Miranda--2 JOURNAL The President announced that without objection, reading of the Journal of Tuesday, January 29, 2008 was dispensed with and approved as recorded by the Secretary. REPORTS OF STANDING COMMITTEES President Bee announced that without objection, Reports of Standing Committees as listed on the calendar would not be read. The reports would be entered in the Journal and the Secretary would record the action. Government, Senator Harper, Chairman (January 28) Senate Bill 1006, do pass amended Senate Bill 1096, do pass amended/strike-everything Transportation, Senator Gould, Chairman (January 29) Senate Bill 1083, do pass RECESS At 11:42 a.m. the Senate stood at recess subject to the sound of the gavel. RECONVENE President Pro Tempore Blendu called the Senate to order at 5:06 p.m. INTRODUCTION AND FIRST READING OF BILLS The following bills were introduced, read the first time by number and short title and placed under Reference of Bills: (full title shown) Senate Bill 1263: An Act amending title 20, chapter 4, article 3, ARS, by adding section 20-826.04; amending title 20, chapter 4, article 9, ARS, by adding section 20-1057.11; amending title 20, chapter 6, article 5, ARS, by adding sections 20-1402.03 and 20-1404.03; relating to health insurance policies. Senate Bill 1264: An Act amending section 27-271.01, ARS; relating to common mineral products on state trust lands. Senate Bill 1265: An Act amending section 16-102, ARS; relating |