Language for newsletter "Legislative Corner"

 

Legislative Corner

A new year has begun and the Arizona government is warming up. Here are a few House and Senate bills we are keeping an eye on.  Please let me know if there are any bills not listed below which you would like us to monitor.

You may view pending bills or find out how to support or deny a bill on line at http://www.azleg.state.az.us/. 

HB2165 - An employer or an employer's designee shall not require any employee to attend a meeting sponsored by the employer or To participate in any communication with the employer that has a primary purpose of communicating the employer's opinion about religious or political matters.

HB2292 - Increase the members from 14 to 18 and no more than 9 from the same political party

HB2299 - Allows individuals to petition the courts to have a record expunged or notation that the person has been clears after certain conditions

HB2301 - Formation of a task force to collect, organize and analyze data on human trafficing in Arizona

HB2313 - Any oral, written or sign language statement that is made by a juvenile during any interrogation of a juvenile who is in the custody of a law enforcement officer or law enforcement agency shall be electronically recorded in its entirety and shall remain substantially accurate and not intentionally altered.

HB2315 - An oral, written or sign language statement that is made by an accused during any custodial interrogation at a law enforcement agency or other place of detention in any homicide investigation shall be electronically recorded in its entirety.

HB2321 - A person who is a victim of identity theft may petition the superior court or the court, on its own motion or on the application of the prosecuting attorney, may move for an expedited judicial determination of a victim's factual innocence if another person is arrested for, cited for, charged with, indicted for or convicted of an offense involving identity theft under the victim's name or if the victim's name has been mistakenly associated with a record of a criminal conviction.

HB2341 - If a court finds that an employer violated section 23-212, subsection A, the employer, after hiring an employee, shall verify the employment eligibility of the employee through the basic pilot program.

HB2347 / SB1296 - The mortgage loan fraud prosecution fund is established consisting of monies received from the surcharge collected pursuant to section 11-467.  The department shall administer the fund.  Monies in the fund are continuously appropriated and may be used only for criminal prosecution of fraudulent activities related to mortgage loans.  Only the superintendent or the superintendent’s designee may authorize expenditures from the fund.

HB2359 - Chiefs of police of municipalities, without city or town council approval, may enter into agreements to cross-certify customs and border protection officers to enforce state and local laws.

HB2371 - Notwithstanding any other law, the director shall conduct a review and analysis of measures being taken by any other agency or authority of this state or any political subdivision of this state and, to the extent practicable, of any federal entity, to protect the security of critical infrastructure that is related to commercial aviation fuel, petroleum or natural gas transmission facilities and pipelines in this state that are not located on the premises of a commercial airport.  As deemed appropriate by the director, the department may physically inspect the premises and review any audits or reports related to the security of the critical infrastructure, including audits or reports conducted at the request of any OTHER AGENCY or authority of this state or any political subdivision of this state or, to the extent practicable, of any federal entity.

HB2431 - It is unlawful for a person to store or keep any loaded firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor's parent or guardian

HB2587 - A credit card issuer who mails an offer or solicitation to apply for a credit card and who receives a completed application in response to the offer or solicitation that lists an address that is not substantially the same as the address on the offer or solicitation shall not issue a credit card based on that application until the creditor takes reasonable steps to verify the applicant's change of address.

HB2604 - A consumer may request in writing that a consumer reporting agency place a security freeze on the consumer's consumer report.  The request shall be sent by certified mail.  If a security freeze is in place, a consumer reporting agency may not release information from a consumer's consumer report to a third party without the consumer's prior express authorization.  This subsection does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's consumer report.

SB1185 - Under section 44-1698, any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, attorney fees and court costs for the following:1.  Failing to implement a security freeze. 2.  Releasing a credit report or credit score if a security freeze has been placed by the consumer. 3.  Failing to remove a security freeze at the consumer's request.

SB1216 - School districts and charter schools shall not collect biometric information from pupils.

SB1333 - A person commits organized retail theft if the person enters or remains in or on a retail establishment with the intent to commit theft and any of the following applies: 1.  The person acting alone or in conjunction with another person removes merchandise from a retail establishment through an emergency exit without paying the purchase price. 2.  The person acting alone or in conjunction with another person intends to resell or trade the merchandise for money or for other value. 3.  An artifice, instrument, container, device or other article is used to facilitate the removal of the merchandise. 4.  The act is part of a continuing criminal episode.  For the purposes of this paragraph, "continuing criminal episode" means theft of merchandise with a value of one thousand five hundred dollars or more if committed during at least three separate incidences within a period of ninety consecutive days.

 

On the lighter side

HB2001 - A person shall not smoke in a motor vehicle if a person under eighteen years of age is in the motor vehicle

HB2023 - The state shall make available through personalized plates support our troops special plates

HB2126 - A credit is allowed against the taxes imposed by this title for installing one or more dual flush

HB2339 - The department shall provide a space on the individual income tax return form in which the taxpayer may designate an amount of the taxpayer's refund as a voluntary contribution to the I didn't pay enough fund

HB2387 - Under certain circumstances a qualified patient may make a written request for medication to end the patient's life as prescribed by this article.

HB2396 - A person shall not operate a motor vehicle on a highway while using a cellular telephone or a personal digital assistant to send or receive a written message while the motor vehicle is in motion.

HB2397 / HB2414 - A person who operates a motor vehicle on a highway shall not use a cellular telephone to engage in a call while the motor vehicle is in motion unless the cellular telephone is equipped with a hands-free device.

HB2450 - Add one more excuse to not being selected as a juror; The prospective juror is breast-feeding an infant.  The prospective juror does not need to physically appear in court to request to be excused.  The prospective juror shall be excused for one year and, at the end of the one year period, the prospective juror may be further excused on written request.

HB2664 - Beginning January 1, 2009, during operating hours, every service station in this state shall make available, at no cost to customers who purchase motor vehicle fuel, water, compressed air and a gauge for measuring air pressure for use in servicing any passenger vehicle or any commercial vehicle of less than six thousand pounds unladen weight.

House Bills	Status		Short Title	Short Description
HB2321	Open		identity theft; factual innocence	A person who is a victim of identity theft may petition the superior court or the court, on its own motion or on the application of the prosecuting attorney, may move for an expedited judicial determination of a victim's factual innocence if another person is arrested for, cited for, charged with, indicted for or convicted of an offense involving identity theft under the victim's name or if the victim's name has been mistakenly associated with a record of a criminal conviction.
HB2359	Open		border officers; state laws; enforcement	Chiefs of police of municipalities, without city or town council approval, may enter into agreements to cross-certify customs and border protection officers to enforce state and local laws.
HB2371	Open		critical infrastructure; pipelines; review	Notwithstanding any other law, the director shall conduct a review and analysis of measures being taken by any other agency or authority of this state or any political subdivision of this state and, to the extent practicable, of any federal entity, to protect the security of critical infrastructure that is related to commercial aviation fuel, petroleum or natural gas transmission facilities and pipelines in this state that are not located on the premises of a commercial airport.  As deemed appropriate by the director, the department may physically inspect the premises and review any audits or reports related to the security of the critical infrastructure, including audits or reports conducted at the request of any OTHER AGENCY or authority of this state or any political subdivision of this state or, to the extent practicable, of any federal entity.
HB2587	Open		extension of credit; identity theft	A credit card issuer who mails an offer or solicitation to apply for a credit card and who receives a completed application in response to the offer or solicitation that lists an address that is not substantially the same as the address on the offer or solicitation shall not issue a credit card based on that application until the creditor takes reasonable steps to verify the applicant's change of address.
SB1185	Open		credit report; score; security freeze	Under section 44-1698, any consumer reporting agency that is grossly negligent or that acts wilfully and maliciously with intent to harm a consumer is liable to the consumer for actual damages, if any, attorney fees and court costs for the following: 1.  Failing to implement a security freeze. 2.  Releasing a credit report or credit score if a security freeze has been placed by the consumer. 3.  Failing to remove a security freeze at the consumer's request.
SB1216	Open		schools; biometric information; prohibition	School districts and charter schools shall not collect biometric information from pupils.

 

You may view pending bills on line at http://www.azleg.state.az.us/