Arizona Judicial Branch

CHAPTER 7

HB 2569

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Court Impact

SAFETY PRODUCTS; UNLAWFUL PRACTICES

Rep. Robson, et al

It is an unlawful practice for any person to sell or offer to sell any product specifically designed for the safety of law enforcement, firefighting or emergency medical services personnel unless the product is tested by an independent laboratory or regulatory agency. This law excludes firearms.

Statutes Affected:  44-1224

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HEALTHCARE FACILITIES; PRISONERS

Rep. Konopnicki, et al

Exempts the patient-per-room capacity of medical and health related facilities from DHS regulations if the institution provides medical and health services exclusively to persons incarcerated, detained or confined under court order or court jurisdiction. The facility must also meet certain provisions that are outlined in the bill, such as receiving accreditation and adopting procedures and policies to comply with the National Commission on Correctional Healthcare standards. Emergency clause;  effective date of April 1, 2005

Statutes Affected:  36-402

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BIRTH CERTIFICATES; ACCESS

Sen. Johnson, et al

The Department of Health Services is required to provide copies of birth certificates to the Arizona State Library, Archives, and Public Records 75 years after a person’s birth, rather than 75 years after a person’s death.

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PAYROLL DEDUCTION AGREEMENTS; GROUP BENEFITS

Sen. Waring

A state employee payroll deduction is now authorized for premiums on any state sponsored group benefit including long-term care insurance, critical care insurance, and prepaid legal services. Personal computer systems are also added to the list of permitted payroll deductions.

Statutes Affected:  38-612

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UNIFORM REAL PROPERTY; ELECTRONIC RECORDING

Sen. Hellon, et al

Establishes the Electronic Recording Commission and gives it the authority to adopt standards and make recommendations to the legislature in order to carry out the Act. Electronic documents are valid and satisfactory legal documents. Provides for the validity of electronic signatures. The Act also gives direction to the County Recorder relating to electronic documents. “Electronic documents” and “electronic signature” are defined. Delayed effective date; effective January 1, 2006 . 

Statutes Affected:  11-487; 33-487.01; 33-487.02; 11-487.03; 11-487.04; 11-487.05; 11-487.06

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ELECTRONIC NOTARIES

Rep. Gray

The list of required duties of electronic notaries is expanded to include keeping the manual approved by the Secretary of State as a reference and responding to inquiries from the Secretary of State or Attorney General. An electronic notary must notify the Secretary of State within 30 days should the notary have a change of name.

The list of actions that constitute grounds for disciplinary action is expanded to include notarizing a document that does not contain a notary certificate. If the commission of an electronic notary is revoked, the Secretary of State is authorized to refuse to appoint the person as an electronic notary for up to 4 years.  Any person has standing to make a complaint to the Secretary of State regarding an electronic notary.

Statutes Affected:  41-353; 41-355; 41-364; 41-365; 41-368; 41-370

CHAPTER 206 SB 1353

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Court Impact

MEDICAL RECORDS AND PAYMENT RECORDS

Sen. Hellon, et al

Additional clarifying language to comply with HIPPAA.  Clarifies that payment records are confidential, adding records of mental health patients identified by the parties in Title 14 proceedings. Outlines when health care providers may refuse to release or provide copies of medical records. Identifies circumstances when records may be released. Outlines procedures for when a health care entity is subpoenaed for records. Reinstates the provision that legal representatives of the patient may have access to the records. 

Statutes Affected:  12-2292; 12-2293; 12-2294; 12-2294.01; 12-2295; 12-2296; 12-2802; 36-507; 36-509; 36-517.01; 36-664; 36-3602

CHAPTER 208 SB 1366

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RETIREMENT; CONTRIBUTION LIMITS; SERVICE PURCHASES

Sen. Martin

The minimum amount that employers or members of three state retirement plans must contribute toward their employees' retirement is increased to no less than 5% beginning in fiscal year 2007. This is a 3% increase for EORP and PSPRS employers and a 1% increase for CORP employers. Excess earnings above normal cost and liabilities are to be used to reduce future employer contribution rate increases. Extra earnings may not be used for member benefit increases. 

Emergency clause;  effective April 25, 2005

Statutes Affected:  38-810; 38-816; 38-843; 38-891

CHAPTER 212 SB 1472

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Court Impact

PROFESSIONAL EMPLOYER ORGANIZATIONS

Sen. Leff

Requires the registration of professional employer organizations ( PEO ) with the Secretary of State and outlines requirements for professional employer agreements. Businesses contract with a PEO to outsource personnel management, workers compensation, payroll tax and other human resources related areas.

Lists the requirements for a professional employer agreement and the elements that a professional employer agreement cannot contain.  Sets forth a multitude of requirements for the PEO and the client.  Requires every PEO to register with the Secretary of State effective March 1, 2006 with duties of the PEO and the Secretary of State outlined in the bill.

It is a Class 1 Misdemeanor for a person to offer to provide or actually provide professional employer services or use the name professional employer organization, staff leasing, employee leasing or administrative employee or any other title representing a professional employer service without first registering with the Secretary of State pursuant to §23-563 or to knowingly provides false or fraudulent information to the Secretary of State.

It is a theft pursuant to §13-802 for a person who is a controlling person of a professional employer organization and who collects payments from a client representing wages, taxes, benefit payments or insurance payments to fail to remit the funds to the appropriate government or private entity within a reasonable time.

It is a Class 4 Felony for a person who is a controlling person of a client of a professional employer organization to fraudulently or falsely procure or attempt to procure services or benefits from a registered professional employer organization without having monies that are adequate to compensate the professional employer organization.

Also enacts provisions requiring the Secretary of State to assess administrative penalties for various violations.

Includes a number of definitions peculiar to the article.

Statutes Affected:  23-614

CHAPTER 275 HB 2426

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CONSTITUTIONAL COMMEMORATION COMMITTEE; CONTINUATION

Sen. Anderson, et al

Expands the charge of the Committee to include the promoting of public uderstanding of the  additional amendments made to the Constitution, including those that made advancements in civil rights and personal liberties.
Transfers operational support of the Committee from Legislative Council to legislative staff.  Continues the committee, retroactive to July 1, 2005. Repeals the Committee on January 1,   2016 .

Statutes Affected:   41-618; 41-3005.02; 41-3015.01

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RETIREE HEALTH INSURANCE; RURAL SUBSIDY

REP. KONOPNICKI, et al

Continues the premium benefit supplement for Medicare eligible retired members of  ASRS,  CORP, PSPRS, and EORP to June 30, 2007 . Emergency clause, effective May 20, 2005 

Statutes Affected:  38-783; 38-817; 38-906; 38-857