Arizona Judicial Branch

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NONCONSENSUAL LIENS; NOTICE; RELEASE

Rep. Reagan

A Notice of Pendency of Action (Notice) effecting title of real property may be withdrawn or released, or if an order expunging that notice is issued, the order may be recorded with the County Recorder .  If any of these actions occur, the notice, or any information derived from the notice does not constitute actual or constructive notice of matters contained in the notice and the notice does not create a duty of inquiry in a person dealing with the property.  A person who is not a fictitious party to the action shall not be deemed to have actual knowledge or notice of the action if that person becomes the owner of any interest in the property and the method of conveyance is recorded after the withdrawal or release, or before recordation of the order expunging the notice.

Statutes Affected:   12-1191; 33-421

EMINENT DOMAIN; ATTORNEY FEES; CLARIFICATION

Sen. Tibshraeny, Sen. Jarrett

When land is condemned for public use, the statute mandates that interests, estates, and rights be taken in fee simple. Leasehold interests in a building may be taken only if underlying property is taken in fee title or easement.  If the plaintiff dismisses the action because of settlement, the parties shall be responsible for their own costs.

Statutes Affected:  12-1113; 12-1129

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LOCAL EMERGENCY ASSISTANCE; MEDICAL TECHNICIANS

Sen. Allen, et al

Certified emergency medical technicians are added to the list of persons who are exempt from civil liability or other damages arising from acts or omissions when rendering emergency medical aid. 

Statutes Affected:  9-500.02

 CHAPTER 101 
SB 1251

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ELDER PROVIDER LIABILITY REFORM

Sen. Allen, et al

A civil action for damages may be brought against a person or enterprise if the life or health of a vulnerable adult has been endangered or injured by neglect, abuse or exploitation. 

Clarifies the law in that the court shall use common law principles when finding punitive damages.  Attorney’s fees cannot exceed two times the compensatory damages, unless requested and reviewed by the court.

If a case is settled or a judgment issued in an elder abuse case brought against a nursing care institution or nursing administrator, the plaintiff shall notify the Department of Health Services (DHS), and DHS may initiate an investigation.

Statutes Affected:  12-570; 46-455; 36-433

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MISREPRESENTATION; ON-LINE BUSINESSES; IDENTIFYING INFORMATION

Sen. Martin, Rep. Paton

It is a Class 5 Felony for any person to use a web page or electronic mail message to request or take any action to induce another person to provide identifying information by representing that the person is an on-line business without permission from that on-line business.

The Attorney General or the person or business adversely affected may bring action against a person who violates this law.  The bill sets forth the damages that can be recovered, the greater of actual damages or $500,000. However, if the court determines that the violator has engaged in a pattern and practice of violations, the court may increase the damage award up to three times the amount outlined.

Statutes Affected:  44-7201; 44-7202; 44-7203;

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SEXUALLY VIOLENT PERSONS; NOTICE; REFERRAL

Rep. Nelson

The Department of Corrections and the Arizona State Hospital are required to refer in writing a person under their jurisdiction to the County Attorney at least 30 days before the person’s anticipated release if the person is either convicted of a sexually violent offense, found guilty except insane of committing a sexually violent offense or charged with a sexually violent offense and found incompetent to stand trial. The County Attorney will then determine if the person may be a Sexually Violent Person. Any other agency must refer if it determines the person might be a Sexually Violent Person.

Statutes Affected:  36-3702

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NONPROBATE TRANSFERS; SECURITIES; ACCOUNTS

Rep. Carpenter

Provides, upon the death of an account owner, the authority for the nonprobate transfer of investment management accounts and custody accounts.  Investment management accounts are accounts managed by banks or other institutions with discretionary powers over the account.  Custody accounts are managed by a custodian for the benefits of the owners of the accounts.

Statutes Affected:  14-6301

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PROPERTY TAX ADMINISTRATION

Rep. Huffman

The failure of a purchaser of a tax lien to provide timely notice of an action to foreclose redemption of liens prior to filing an action to foreclose the right to redeem will be considered substantial failure to comply with the notice requirements. The court shall not allow the action to go forward until such notice is provided. 

If a judicial proceeding prohibits bringing an action to foreclose, the time for expiration of the certificate of purchase shall be extended by 12 months following completion of judicial proceeding. 

Statutes Affected:  42-16252, 42-16254 42-17153, 42-18005; 42-18051, 42-18202 42-18208

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SCHOOL TEACHERS; IMMUNITY

Rep. Mason

Full time, certified teachers are exempt from personal civil liability for acts taken in good faith in evaluating or grading students.

Statutes Affected:  15-516

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COMPUTER SPYWARE

Rep. Paton, et al

Makes it unlawful (civil) for a person to transmit computer software to a computer it does not own or operate in order to modify, through intentionally deceptive means, computer software or settings or to collect personally identifiable information of the computer owner or operator. Provisions do not apply to monitoring of a subscriber's internet service by a telecommunications carrier, cable operator, computer hardware or software provider or a provider of information service, technical support, maintenance, repair and authorized updates of software or system firmware.

The Attorney General's Office has investigative and prosecutorial jurisdiction.

Statutes Affected:  44-8101; 44-8102; 44-8103; 44-8104;

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EMANCIPATION OF MINORS

Rep. Anderson, et al

Establishes court proceedings and criteria for a minor, who is at least 16 years of age, to become emancipated from the minor’s parents.  Emancipated minors have certain rights as adults, including the ability to sue and be sued, buy and sell property, incur debts, access records, obtain certain licenses, etc. 

Creates the Emancipation Administrative Costs Fund, financed by the filing fee for emancipation, and administered by the County Treasurer to cover the costs associated with emancipation. 

From October 1, 2005 through September 30, 2007 , the AOC is required to collect information relating to emancipation and file a report to be included in its annual report.

Statutes Affected:  12-284; 12-284.03; 12-2451; 12-2452; 12-2453; 12-2454; 12-2455; 12-2456; 28-3165; 28-3166

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CIVIL ACTIONS; CRIMINAL CONDUCT

Rep. Nichols, et al

Creates a one year statute of limitations from the final disposition of criminal proceedings, for a civil action filed by the victim for criminal conduct by the defendant against that victim, whether or not the defendant was convicted of the conduct, and regardless of when that conduct occurred. The bill does not shorten any now existing statute of limitations.

Statutes Affected:  12-511

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BANKRUPTCY; EXEMPTIONS; LIFE INSURANCE

Rep. Reagan, et al

In any court proceeding, certain life insurance beneficiaries are protected from creditors, attachment, or garnishment, in addition to bankruptcy creditors if the beneficiary is the insured’s surviving spouse, child, parent, brother, sister or other dependent family member.

Certain annuity contracts owned by a debtor with a named beneficiary being the debtor’s surviving spouse, child, parent, brother, sister  or other dependent family member are exempt from execution, attachment or sale on any process issued from any court.

There are exceptions to both provisions.

Emergency clause; effective April 20, 2005

Statutes Affected:  12-1578; 20-1131; 20-1131.01; 33-1126

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FINGERPRINTING; UNIVERSITY SECURITY PERSONNEL

Sen. Bee

Requires universities to submit a full set of fingerprints in order to obtain criminal background checks for finalists in security or safety-sensitive positions. Restricts the universities’ use of the information to evaluation of employment only, and allows the information to be shared with the other universities. A university relying on information in making employment decisions obtained as a result of the fingerprinting is immune from civil liability unless the information obtained is false and the university knows it is false or the university acts with reckless disregard of the information’s truth or falsity.

Statutes Affected:  15-1649

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UNEMPLOYMENT SECURITY; CONTRIBUTIONS; TRANSFERS

Rep. Konopnicki

Establishes restrictions, pursuant to rule adopted by DES, for transfer of unemployment tax contributions when one business is acquired by another. Sets up civil penalties for employers or individuals who knowingly violate the provision.

Statutes Affected:  23-730; 23-731; 23-733.01

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MEDICAL MALPRACTICE PROCEDURAL FORMS

Sen. Allen, et al

Establishes criteria for expert testimony in medical malpractice actions, including that an expert must be a licensed health care professional with the same level of training or same type of specialist as the defendant.  In addition, the expert must practice or teach in the same area of medicine as the other expert during the year immediately preceding the occurrence giving rise to the lawsuit. 

Any statements or conduct by a heath care provider or the provider’s employee expressing an apology, responsibility, sympathy, compassion or commiseration is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

Statutes Affected:  12-2604; 12-2605

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SCHOOLS; MEDICATIONS; CIVIL IMMUNITY

Sen. Allen, et al

Grants immunity from civil liability to school districts, charter schools and the employees of school districts and charter schools for the consequences of the good faith adoption and implementation of policies and procedures in regards to the administration of prescription medication or patent or proprietary medication.

Statutes Affected:  15-344

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PROPERTY INTERESTS; DISCLAIMERS; UNIFORM ACT

Sen. Huppenthal, Sen. Martin

Enacts the federal Uniform Disclaimer of Property Interests Act as adopted by the National Conference of Commissioners on Uniform State Laws.  A disclaimer is a declaration by the person with a property interest who refuses to accept that interest in or power over the property.  Provisions outline the authority to make disclaimers, what interests may be disclaimed, the time when disclaimers are effective, rules of disclaimers, and the effect on the distribution of the disclaimed property interests. 

Statutes Affected: 14-2801; 14-10001; 14-10002; 14-10003; 14-10004; 14-10005; 14-10006; 14-10007; 14-10008; 14-10009; 14-10010; 14-10011; 14-10012; 14-10013; 14-10014; 14-10015; 14-10016; 14-10017; 14-10018

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COMMUNITY COLLEGES; ELECTIONS; POLITICAL INFLUENCE

Sen. Gray

Prohibits a person acting on behalf of a community college or university from using college and university personnel, equipment, materials, buildings, or resources to influence the outcome of elections, except for information on bond elections. The Attorney General’s Office shall distribute guidelines to comply with this section. Colleges or universities may request legal opinions regarding compliance.  The Attorney General or County Attorney may collect civil penalties from those who violate this section.

Statutes Affected:  15-1408; 15-1633

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SOCIAL SECURITY NUMBERS; CIVIL PENALTY

Rep. McClure

Enacts a civil penalty of $100 for knowingly or intentionally violating the social security number confidentiality restrictions with the penalties to be deposited in the state General Fund.

Statutes Affected:  44-1373.03

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EMERGENCY WORKERS; LIABILITY

Rep. Aguirre, et al

Departments, agencies, political subdivisions, etc. are not liable for discretionary actions of emergency workers, with exceptions.  Emergency workers performing duties per order, rule or statute enjoy the immunities and benefits when performing emergency functions.

State departments, agencies, political subdivision, etc. that supervise emergency workers shall provide liability coverage including legal defense, when circumstances are appropriate.

“Emergency workers,” a newly defined term, include temporary or permanent, paid or volunteer workers that engage in emergency management functions or perform emergency functions such as officers, agents or employees of the state or political subdivision called upon to perform emergency functions.

The Division of Emergency Management must adopt rules prescribing procedures for registration of emergency workers.

Statutes Affected:  26-301; 26-303; 26-314

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TATTOO PARLORS; WASTE DISPOSAL

Rep. Paton, et al

Tattoo needles and any waste exposed to human blood while creating the tattoo shall be disposed as a biohazard, pursuant to Title 49. Those who violate this provision are liable for civil penalties up to $500 per violation.

Statutes Affected:  44-1342

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SCHOOL PUPILS; ASTHMA; SELF-MEDICATION

Sen. Waring, Sen. Allen

Allows a pupil, who is properly entitled and authorized to possess medication, to self-administer the medication. The school board shall adopt policies and procedures governing this section. A school district and its employees are immune from civil liability for decisions based on good faith implementation of the policies and procedures, except wanton or willful neglect.

Statutes Affected:   15-341

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MENTAL HEALTH SERVICES; LEGAL REPRESENTATIVES

Rep. Hershberger, et al

Provides for annual review and evaluation of patients diagnosed as persistently and acutely disabled. Current law provides annual review for gravely disabled persons, only. Review and evaluation may lead to renewal of court ordered treatment. Review is restricted to those patients who have been substantially noncompliant with their treatment.

Statutes Affected:  36-538; 36-543

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GIFT CARDS; DISCLOSURE; FEES; EXPIRATION

Senator Leff, et al

Mandates disclosure of an expiration date and any fees that may be incurred on a gift card, gift certificate, electronic or paper, paid for to provide future goods or services. The disclosure must be clear and conspicuous prior to purchase by the consumer. A violation of this provision results in civil penalty not to exceed $500.

Statutes Affected:  44-7201; 44-7202

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MOBILE HOME PARKS ; LANDLORD; TENANT

Senator Johnson, et al

Mandates managers of mobile home parks to complete and display proof of educational requirements. Those who do not comply may be subject to a $500 civil penalty, with an additional penalty of $500 per month of noncompliance, thereafter.

The Attorney General is conferred the power of enforcement and collection of penalties, with a 10% surcharge on the total amount.  Penalties may be forgiven with proof of compliance.

Statutes Affected:  33-1437; 33-1452; 33-1454; 33-1476.01; 33-1476.02; 33-1476.04