Arizona Judicial Branch

CHAPTER 1  

HB 2661

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STATE EMPLOYEES; PAY INCREASE

Rep. Konopnicki

State employees are to receive an average 6.3% base salary increase and be eligible for performance pay incentives as of March 11, 2006.  All state agencies, departments, boards and commissions are expected to establish a list of reasonable performance measures and follow the performance pay requirements.  The Chief Justice of the Supreme Court may elect to participate in the performance pay program.

Statutes Affected:  35-124; 38-618.01; 38-619; 41-771

SB 1038

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 CRIMINAL JUSTICE COMMISSION; DUTIES

Sen. Waring

Authorizes the Arizona Criminal Justice Commission to accept and spend private grants and contributions for the purposes of enhancing efforts to investigate, prosecute and adjudicate any crime and to implement the Commission's duties.

Statute Affected:  41-2405

SB 1092

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JUVENILE CORRECTIONS; MEDICAL SERVICES

Sen. Huppenthal

Adds a clarifying change to the Arizona Department of Juvenile Corrections medical services statute referencing a secure care facility.

HB 2584

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CONCEALED WEAPONS; FIREARMS SAFETY TRAINING

Rep. Pearce, et al

A person who receives a certificate of firearms proficiency from the Department of Public Safety is not required to complete a firearms safety training program in order to obtain a concealed weapons permit.

Statute Affected:  13-3112

SB 1125

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DPS; CRIMINAL JUSTICE INFORMATION

Sen. Huppenthal

Expands the definition of "Criminal justice information" that must be stored by DPS to include system network log searches.  Makes other conforming changes to statutes relating to criminal justice information.

Statutes Affected:  11-593; 13-3821; 13-3822; 13-3905; 41-172; 41-1279.02; 41-1750; 41-1751

HB 2024

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GOVERNMENT ANTI-IDENTIFICATION THEFT ASSESSMENT

Rep. Robson

Governmental agencies are required to establish and develop commercially reasonable procedures to ensure that any entity identifying information or personal information collected or obtained is secure and cannot be accessed, viewed or acquired unless authorized by law.  Title 39, relating to public records, is not to be restricted, diminished or otherwise affected by the procedures.  'Government agency,'  'entity identifying information,'  and  'personal identifying information'  are defined.

Statutes Affected:  41-4151; 41-4171; 41-4172

HB 2113

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RETIREMENT PLANS; CONTINUATION

Rep. McClure

Continues the Elected Official's Retirement Plan (EORP), the Public Safety Personnel Retirement System (PSPRS), the Corrections Officer Retirement Plan (CORP) and the Arizona State Retirement System (ASRS) Board and Director until January 1, 2017.

Statutes Affected:  41-3006.08; 41-3006.09; 41-3016.01; 41-3016.02

SB 1096

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PROBATION OFFICERS; OVERTIME COMPENSATION

Sen. Johnson

Adds the definition of "Person engaged in probation officer activities" to conform to current statute.  Exempts those in executive or administrative capacities from the 80 hour two week over-time requirement.  

Emergency clause: effective date of April 17, 2006

Statute Affected:  23-392

CHAPTER 174 

HB 2387

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MEXICO; ENTRY; MINORS

Rep. Pierce, et al

Enables a city, town or county to adopt an ordinance allowing a peace officer or sheriff to prevent a minor from entering Mexico if the minor is unaccompanied by or does not have written consent from a parent or guardian.  The law enforcement officer may prevent entry but cannot detain the minor.

Statutes Affected: 9-500.26; 11-441

SB 1188

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BAIL BOND AGENT PROHIBITIONS

Sen. Arzberger

Permits a bail bond agent to employ or assist in the employment of a person whose felony conviction has been set aside or whose civil rights have been restored except if the person was convicted of theft or any crime involving carrying or the possession of a deadly weapon or dangerous instrument.

Retroactive to May 1, 2006.

 Statute Affected:  20-340.03

HB 2163

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RETIREMENT; ASRS; CREDITED SERVICE PAYMENT

Rep. Carpenter

Allows an employee of a political subdivision to transfer assets from an existing retirement plan or program and join the Arizona State Retirement System by paying the cost of transferring credited service, forfeiting all benefits under the employees existing plan or program, and transferring any remaining balance to another qualified plan or receiving direct payment of the balance.  Repealed on January 1, 2007.

Emergency clause: effective date of May 8, 2006

 Statutes Affected:  Session Law

HB 2819

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ADULT PROBATION; COUNTY RESPONSIBILITY

Rep. Pearce

Beginning in fiscal year 2006-2007, counties with a population of at least 2 million persons (Maricopa County) will fund both adult and juvenile probation services.  Centralized support services will be provided by AOC.  AOC will not disburse any direct state aid for probation services.

Probation ratios will not apply; however, Maricopa County must maintain probation standards that are consistent with evidence based practices in differentiated case management.  The county will give annual performance reports to the Chief Justice, Speaker of the House and President of the Senate on or before October 1 of each year.  Probation surcharges collected in Maricopa County superior, justice, and municipal courts will be transmitted to Maricopa County.  The probation surcharge fee is increased from $5 to $10 for all counties other than Maricopa. The probation surcharge fee in Maricopa County is set by the Maricopa County Board of Supervisors.

 Statutes Affected:  11-292; 12-114.01; 12-262; 12-269

SB 1180

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CONSTABLE ETHICS COMMITTEE; MEMBERSHIP

Sen. Jarrett

Removes the superior court judge from the Constable Ethics Committee.  Removes the chair of the Arizona Commission on Judicial Conduct as the chair of the Constable Ethics Committee and adds a board member from the Arizona Multi-housing Association.

Requires a fee be imposed for every writ served on behalf of a justice of the peace but not to exceed $5.  The fee for posting a writ of restitution shall not exceed $10.  Monies to be deposited in the Constable Ethics Committee fund.  Permits the Sheriff to charge a reasonable fee for executing a civil arrest warrant;  fee may only be charged to the person requesting the warrant.

Establishes a Constable Ethics fund and sets forth permitted use of monies in the fund.

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 Statutes Affected:  11-445; 22-136

HB 2220

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IDENTIFYING INFORMATION; CODE ENFORCEMENT OFFICER

Rep. Nelson

Expands the list of individuals that may request the county recorder, treasurer, assessor and MVD to prohibit the general public from accessing the person's residential address and telephone number to include code enforcement officers.  Code enforcement officers are added to the list of persons whose residence address and telephone number may not be disclosed as public record.  A violation is a Class 6 felony under certain circumstances.

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 Statutes Affected:  11-483; 11-484; 28-454, 39-123; 39-124

HB 2239

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REVISOR'S TECHNICAL CORRECTIONS

Rep. Konopnicki

Pursuant to statute, applies technical changes to the Arizona Revised Statutes for the 2006 edition.

 Statutes Affected: 11-483; 11-484; 15-2041; 28-1383; 28-3166; 33-1476.01; 33-1476.02; 41-723; 41-2123; 48-261

HB 2614

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DISCLOSURE OF PERSONAL INFORMATION; MVD

Rep. Biggs

Conforms Arizona statute to the Driver's Privacy Protection Act of 1994.  Prohibits MVD from disclosing personal information unless otherwise permitted by law.  Permissible disclosure includes use by government agencies, including any court or law enforcement agency, in order to carry out functions in connection with any civil, criminal, administrative or arbitration proceeding in any court or government agency, including the service of process, investigation in anticipation of litigation and the execution or enforcement of judgments and orders, or pursuant to a court order.

Personal information does not include an individual's 5 digit zip code or information about vehicular accidents, driving violations and driver status.

Classifies the following as Class 1 misdemeanor offenses:

• The transportation department, including department employees, knowingly obtaining or disclosing personal information or highly restrictive personal information

• An individual knowingly obtaining or disclosing personal information or highly restrictive personal information from a motor vehicle record for any non-permitted use

• An individual making a false representation to obtain any personal information or highly restrictive personal information from an individual's motor vehicle record

Medical code information may only be recorded on a person's driver license and may not be maintained in any computer record unless the person requests otherwise in writing.

Permits civil action in U.S. District Court by a person whose records are disclosed.

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 Statutes Affected:  28-440; 28-447; 28-450; 28-452; 28-454; 28-455; 28-456; 28-457; 28-458; 28-3158; 28-3167; 28-5101

SB 1142

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RETIREMENT; CORP; JUDICIARY

Sen. Johnson

Adds probation, surveillance and juvenile detention officers to CORP.  Establishes local judiciary boards with two members elected by secret ballot by members who are probation, surveillance, or juvenile detention officers;  a designee of the Chief Justice; and two citizens, one being appointed bye the Chief Justice as head of a human resource department for the group of members.  Defines probation and surveillance officers.  Established a joinder mechanism.

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 Statutes Affected:  38-881; 38-893; 38-902

SB 1279

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MINIMUM CONSTABLE SALARIES

Sen. Hale

Requires the salary of a constable to be based on the number of registered voters rather than the number of civil cases filed.  Changes to current law are as follows:

• In precincts with 5,000 or fewer registered voters; constables shall receive an annual salary of not more than $15,000.

• In precincts with more than 5,000 registered voters but fewer than 10,000 registered voters; constables shall receive an annual salary of not more than $23,500.

• In precincts with 16,000 or more registered voters;  constable shall receive an annual salary of not more than $61,208.

 Statute Affected: 11-424.01

HB 2868

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BUDGET; CRIMINAL JUSTICE; RECONCILIATION

Rep. Pierce

As of the general effective date, adds the Speaker of the House of Representatives and President of the Senate to the list of persons to be served and copied with any pleadings, motions or documents in addition to the Attorney General in any proceeding when a state statute, ordinance, franchise or rule is alleged to be unconstitutional.  If the Attorney General, Speaker of the House or President of the Senate is not served, the court will vacate any finding of unconstitutionality and provide reasonable notice for the parties to prepare to be heard.

As of July 1, 2006, adds State General Fund monies to the definition of 'total payroll' and exempts the Superior Court, Court of Appeals, Supreme Court, as well as certain listed state agencies from contributing a pro rata share of their appropriated an non-appropriated funds to the Attorney General's Legal Services Cost Allocation Fund.

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 Statutes Affected:  12-1841; 41-191.09

HB 2788

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COMMISSION; CIVIC EDUCATION AND ENGAGEMENT

Rep. Burns, et al

Establishes the nine-member State Commission on Civic Education and Civic Engagement.  Requires the Commission to promote participation in political activities by American citizens committed to the fundamental values and principles of the American system as well as promote civic education and engagement in civic activities for persons of all ages.  The Chief Justice has one appointment.

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 Statutes Affected:  41-3016.01; 41-4251