CATEGORIES

CATEGORIES

HB2065

Effective Date
General

CONSTRUCTION CONTRACT BIDS; CIVIL PENALTY
Rep. Nelson

Increases the civil penalty that may be imposed against an "agent" (defined in A.R.S. § 34-101 to include any county, city or town, or officer, board or commission thereof, and irrigation, power, electrical, drainage and flood control districts, tax levying public improvement districts, and county or city improvement districts) who knowingly violates statutes governing placing public contracts out for bid, until July 1, 2009.  Continues the existing provision that authorizes the Attorney General to recover the penalty by bringing an action in the name of this state in the superior court in the county in which the violation occurred.

Statute(s) Impacted:  34-203, 34-611

Court Impact:  Informational.

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HB2323

Effective Date
General

HAZARD DISCLOSURES; REPORTS
Rep. Reagan

Creates a new offense amorphously titled, Representation of legal requirement.  It is unlawful for a third party provider offering a disclosure report pursuant to section A.R.S. § 33-423, having to do with the sale of real property to make certain enumerated representations in marketing materials, contracts or by any other means.  A violation is a Class 1 misdemeanor.

Statute(s) Created:  33-424

Statute(s) Amended:  33-423

Court Impact:  Establishes new class 1 misdemeanors.  Authorizes a civil action with prescribed damages and prosecution for misrepresentations regarding a real estate Hazard Disclosure Report.  The violations stated above are subject to enforcement through private action in a court of competent jurisdiction and to prosecution by the attorney general or the appropriate county attorney.  In addition to any other remedies provided by law, a provider found in violation of the marketing requirements is liable to the receiving party for damages (maximum $2,000 per occurrence).  The court must also award the prevailing party reasonable costs and attorney’s fees.

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Chapter 94

SB1023

Effective Date
General

BURIAL RESPONSIBILITY
Sen. Harper

In pertinent part, allows a crematory, cemetery or funeral establishment to bring an action in court to expedite a resolution of a dispute involving disposition of remains or funeral arrangements.

Statute(s) Impacted:  14-5425, 32-1365.02, 36-327, 36-831, 36-3221, 36-3224

Court Impact:  Clarifies procedures and responsibilities for making final arrangements for a deceased person.  May result in actions filed by crematories, cemeteries, or funeral establishments regarding disposition of a decedent's remains.

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 SB1100

Effective Date
General

REGISTERED NURSE PRACTITIONERS; AUTHORITY
Sen. Allen

In pertinent part, expands the list of eligible persons who may provide the court with a medical statement excusing an individual from jury duty to include a registered nurse practitioner licensed pursuant to Title 32, Chapter 15.

Statute(s) Impacted:  21-202

Court Impact:  Courts must now accept a juror medical excuse statement signed by a registered nurse practitioner (in addition to a physician).  The existing medical excuse form (prepared by the AOC) will be revised to reflect this change.  The form must be added to the Board of Nursing website (in addition to the Arizona Medical Board as currently).

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Chapter 100

SB1227

Effective Date
General

DOMESTIC VIOLENCE; LEASE TERMINATION
Sen. Bee

In pertinent part, permits a tenant to terminate a rental agreement for being a victim of domestic violence if written notice is provided within 30 days to a landlord and a request is made to be released from the rental agreement.  The victim must provide the landlord with either a copy of any protective order or a copy of a written departmental report from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence.  The landlord may request a receipt or signed statement that an order of protection has been submitted to an authorized officer of the court for service as well as the name and address of the person named if known by the victim.  A person named in the departmental report or the order of protection who provokes an early lease termination is deemed to have interfered with the residential rental agreement between the landlord and tenant, and may be civilly liable for all economic losses incurred by a landlord, including unpaid rent, early lease termination fees, costs to repair damage to the premises and any reductions or waivers of rent for the domestic violence early lease termination.  An emergency order of protection or protective order issued to a resident of a rental property automatically applies to the entire residential rental property in which the tenant has a rental agreement.

Statute(s) Impacted:  33-1361

Statute(s) Created:  33-1318

Court Impact:  Courts should be aware of the effect of this bill on landlord/tenant issues when issuing a protective order, including that a protective order or emergency protective order applies to the entire residential rental property in which the tenant has a rental agreement. The factual situations contemplated by this bill likely will be raised as an argument in some landlord-tenant proceedings, so courts should be familiar with the rights and obligations of all parties.  Courts may begin to see separate civil proceedings for damages filed under the provisions of this bill.

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Chapter 111

HB2077

Effective Date
General

WRIT OF RESTITUTION; CRIMINAL TRESPASS
Rep. Nelson

If a person is found guilty of forcible entry or detainer, the court must notify the defendant that if the defendant is served with a writ of restitution and remains or returns unlawfully on or to the property, the defendant will have committed criminal trespassing in the third degree.  Prohibits any reference to a defendant’s social security number from being contained on a forcible entry and detainer judgment.

Statute(s) Impacted:  12-1178

Court Impact:  Clarifies that conduct in disregard of a writ of restitution constitutes criminal trespass, a class 3 misdemeanor.  Courts must give the defendant notice of this fact in forcible entry and detainer proceedings.  Courts should include this notice on the judgment/minute entry.  Courts shall ensure that the defendant's social security number is not contained on the judgment.

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 HB2750

Effective Date
General

JUSTICES OF THE PEACE; JURISDICTION
Rep. Pearce

Justice of the Peace Courts in a county with a population of more than two million have original jurisdiction over the following actions that occur within the precinct in which the Justice of the Peace is elected:

• Civil actions up to the statutory limit,

• Small claims,

• Civil traffic offenses unless filed by a municipal officer or agent or an officer employed by a law enforcement agency under contract to the municipality for law enforcement services,

• Special detainers,

• Forcible detainers ten thousand dollars or less,

• Misdemeanors, unless filed by a municipal officer in municipal court or consolidated with a felony,

The Superior Court no longer may exercise concurrent jurisdiction with JP Courts over civil actions from $5,000 to $10,000.

Statute(s) Impacted:   22-101, 22-201, 22-301

Court Impact:  May reduce the number of civil filings in Superior Court and increase the number of civil filings in Justice of the Peace Courts throughout the state.  In Maricopa County, may reduce the number of civil and criminal filings in Superior and Municipal Courts and increase the number of civil and criminal filings in Justice of the Peace Courts.

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Chapter 142

SB1054

Effective Date
General

ARBITRATION; CLAIMS; COMPENSATION
Sen. Huppenthal

Increases the compulsory arbitration limit that is established by each county from $50,000 to $65,000.  Increases the arbitrator’s compensation, raising the maximum daily fee from $75 to $140.  Lowers disincentive for a trial de novo from 25% to 23%.

Statute(s) Impacted:  12-133

Court Impact:  The superior court may choose to modify court rule to reflect new arbitration amounts.

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Chapter 194

SB1247

Effective Date
General

SUPPORT; MAINTENANCE; HOMESTEAD EXEMPTION
Sen. Johnson

Exempts liens for child support or spousal maintenance arrearages from the homestead exemption protection.  Specifies that in a contempt proceeding to enforce the payment of child support or spousal maintenance, the court can consider the amount covered by the homestead exemption as a resource from which the obligor has the ability to pay.

Statute(s) Impacted:  33-964, 33-1103

Court Impact:  An award of court-ordered support qualifies as a lien if either the arrearage has been reduced to judgment, a lien has been filed by the Department of Economic Security because the obligor is at least two months in arrears, or the court orders a specific security interest in the property for support.  Courts will need to be aware of the effect of a judgment for child support or spousal maintenance arrearages upon the obligor’s interest in real property as well as the evidentiary standard pertaining to a homestead exemption claim in a contempt proceeding.

SB1434

Effective Date
Delayed
 01/01/2008

JURY; COMMISSIONER DUTIES; JUROR SELECTION
Sen. Chuck Gray

Jurors must be summoned countywide unless an alternative plan is adopted.  Courts wanting to adopt an alternative plan must submit a summoning plan to the Supreme Court or the presiding judge of the county for approval.  Alternate procedures for summoning jurors to superior courts with multiple court locations may include dividing counties into jury districts or using a countywide method that minimizes the distance a prospective juror must travel.  All summoning plans must pass constitutional muster.  The plan must also provide for a summoning of jurors from a fair cross-section of the community.  Requires a judge or jury commissioner to notify a prospective juror if the juror has been permanently excused from jury duty.  Makes a number of changes to the procedure for summoning and selecting jurors to maintain pace with current practices and technologies.

Statute(s) Impacted:  9-823, 12-1176, 21-131, 21-201, 21-202, 21-223, 21-313, 21-314, 21-315, 21-331, 21-332, 21-334, 21-336.01, 21-402, 21-404, 21-406, 21-417, 21-423, 21-428, 22-320

Statute(s) Created:  21-101, 21-132, 21-301, 21-302, 21-311, 21-312, 21-404

Statute(s) Repealed:  21-101, 21-311, 21-312, 21-316, 21-317, 21-318, 22-426

Court Impact:  Makes substantial changes to jury management procedures, bringing statute in line with modern practices, including the use of jury management software.  Jury commissioners and jury personnel at all court levels will need to be aware of the revised statutory requirements and responsibilities in the area of jury management.

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 HB2291

Effective Date
General

DRIVER LICENSE INFORMATION; RETAILER USE
Rep. Konopnicki

Prescribes conditions for retailer retention and use of information from a customer’s driver’s license or other state issued identification.  Use of the information in a court or administrative proceeding is not prohibited.  Enforcement against a retailer may be through either the county attorney or Attorney General, who may obtain injunctive relief and recover costs, attorney fees and penalties.  The civil penalty shall not exceed $500 for a first violation, $1000 for a second violation, and $5000 for a third or subsequent violation.

Statute(s) Created:  44-7701

Court Impact:  May result in new filings for injunctive relief and civil penalties against retailers for improper use of a customer's driver's license or ID information.

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 HB2726

Effective Date
General

COMMUNICATION SERVICE RECORDS; UNAUTHORIZED USE
Rep. Farnsworth

Prohibits the procurement and sale of public utility records and communication service records through unauthorized, fraudulent or deceptive means, with certain exceptions.  Prohibits the unauthorized use of personal information from a telephone record, public utility record or communication service record in a judicial, administrative, legislative or other proceeding, with certain exceptions.

Statute(s) Impacted:  44-1376, 44-1376.01, 44-1376.02, 44-1376.04

Court Impact:  Violation is a class 1 misdemeanor under existing A.R.S. sec. 44-1376.05.  A customer whose communication service records or public utility records are procured, sold or received in violation of the record requirements may pursue injunctive relief, damages, and attorney fees.  Alters evidentiary standards pertaining to public utility, communication service, and telephone records in court proceedings.

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 SB1546

Effective Date
General

CONDOMINIUM RECOVERY FUND
Sen. Cheuvront

Establishes a Condominium Recovery Fund, within the Department of Real Estate, to compensate buyers aggrieved by the failure of a subdivider to complete a condominium project.  Allows the state real estate commissioner to petition the court for a proration proceeding and for the court to determine the distribution of fund awards among multiple claimants.  Outlines procedures for a claimant whose application is denied by the real estate commissioner to file a verified application in court for an order directing payment from the Fund.

Statute(s) Created:  32-2193.31, 32-2193.32, 32-2193.33, 32-2193.34, 32-2193.35, 32-2193.36, 32-2193.37, 32-2193.38, 32-2193.39, 32-2193.40, 32-2193.41, 32-2193.42, 32-2193.43

Court Impact:  The court may begin to receive for filing, petitions for a proration proceeding and applications for payment from the Condominium Recovery Fund.

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SB1014

Effective Date
Emergency
05/24/07

UNAUTHORIZED USE; SOLDIER’S NAME; PICTURE
Sen. Waring

Establishes a right of publicity regarding the commercial use of a soldier’s name, portrait or picture without consent and establishes a violation of that right as a Class 1 misdemeanor.  Consent must be obtained from the soldier or soldier’s spouse, immediate family member or trustee if the soldier is a minor; consent from a legally designated representative must be obtained if the person is using the name, portrait or picture for advertising goods, soliciting patronage or receiving consideration for the sale of merchandise.  Allows any person injured by the unauthorized use of the name, portrait or picture of a deceased soldier to bring a civil action against the person who committed the violation.  Provides some exemptions.

Statute(s) Created:  12-761, 13-3726

Court Impact:  Establishes a new class 1 misdemeanor and civil liability.  The civil remedy may include injunctive relief, treble damages, punitive or exemplary damages, attorney fees and costs.

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Chapter 231

SB1255

Effective Date
General

AMENDMENTS; LANDLORD TENANT ACT
Sen. Leff

Authorizes a landlord to request and a tenant to provide and routinely update the name and contact information of a person authorized to enter the tenant’s dwelling unit and to retrieve and store the property in the event the tenant dies.  If contact cannot be made with within ten days of initial written contact, the landlord may dispose of the tenant’s property in accordance with current law.  Sets forth time frames in which the property must be removed.  Provides immunity for the landlord.  Permits a landlord during the term of tenancy to use any refundable security deposits or other deposits according to the terms of the property management agreement.  Places the responsibility on the tenant to notify the landlord of any situation that requires the landlord to provide maintenance, make repairs or take other action to keep the premises fit.  Makes other changes to the Landlord Tenant Act.

Statute(s) Impacted:  33-1314, 33-1321, 33-1341, 33-1343

Court Impact:  Courts that handle landlord-tenant proceedings will need to be aware of the rights and obligations of all parties under the provisions of this bill.

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 HB2758

Effective Date
(See Summary)

JUSTICES OF THE PEACE; FUNDING
Rep. Adams

Beginning in FY 2007-08, reduces indigent care liability of a county with a population of more than 1.5 million or more by an amount equal to the amount of state reimbursement the county would have received for Justice of the Peace salaries.  The county is in turn responsible for 100% of the salary and employee related expenses of a Justice of the Peace.

Statute(s) Impacted:  11-292, 11-300, 12-262, 22-117, 22-201, 36-2928

Court Impact:  Limits the requirement for state contribution to JP salaries to those counties with a population of less than 1.5 million persons only.  Counties with a population of 1.5 million or more will pay the entire cost of JP salaries.  (Retroactive to July 1, 2007.)  Claries the geographic jurisdiction of a justice court in a county with a population of more than 2 million persons to be for actions that occur in the "precinct in which the justice of the peace is elected' instead of where the court is located.  (General Effective Date.)

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HB2136

Effective Date
General

CONTROLLED SUBSTANCES; MONITORING PROGRAM
Rep. Stump

Creates a Controlled Substances Prescription Monitoring Program (CSPMP), provides civil immunity to entities that comply with the reporting requirements of the CSPMP, and establishes the following:

• Failure to report required information to the CSPMP as a Class 2 misdemeanor

• Knowingly failing to report required information as a Class 1 misdemeanor

• Knowingly reporting information to the Board that is known to be false or fraudulent as Class 6 felony

• Knowingly disclosing information maintained by the Board pursuant to the provisions of the CSPMP for an illegitimate purpose as a Class 6 felony

Statute(s) Impacted:  32-1907, 36-2522, 36-2525

Court Impact:  Establishes new misdemeanor and felony violations.  Courts may be asked to make a specific finding of malice or criminal intent against an entity in possession of information pursuant to the Controlled Substance Prescription Monitoring Program (CSPMP).  The CSPMP will track the prescribing, dispensing, and consumption of controlled substances dispensed by a medical practitioner or pharmacy.

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 HB2753

Effective Date
General

VEHICLE IMPOUNDMENT AND IMMOBILIZATION
Rep. Pearce

In pertinent part, requires an impounding agency to allow access to the owner of a vehicle for the purpose of inspecting it for damage or to a representative of an ignition interlock device company seeking to remove the device.  An agency is prohibited from charging a fee for the access.  Failure to allow access is a Class 2 misdemeanor.  An owner who does not inspect the vehicle prior to the removal of the device creates a rebuttable presumption that any damage to the vehicle did not occur while in possession of the impounding agency.  Does not create a cause of action against an impounding agency for allowing access to a representative of an ignition interlock device company.  An individual who violates an agreement to prevent an unlicensed driver from operating a vehicle or a lending entity who releases a vehicle to an owner in violation of statute is subject to a minimum civil penalty of $250.

Statute(s) Impacted:  28-3511, 28-3512, 28-3513, 28-3514, 28-3815, 41-1752

Statute(s) Created:  28-4848

Court Impact:  Justice courts will need to be familiar with the changes to existing statutes, regarding the impoundment and immobilization of motor vehicles operated by persons who do not have a valid driving privilege, in order to properly conduct an immobilization or poststorage hearing to determine the validity of the immobilization or storage.

Generalizes the existing, specific driver’s license suspensions and revocations that will result in vehicle impoundment or immobilization to now simply include any driver’s license suspension or revocation, for whatever reason; the driver cannot produce evidence of ever having a valid license or permit issued by another jurisdiction; failure to have a required ignition interlock device.  Eliminates the exemption from vehicle impoundment for a minor driving a parent’s or guardian’s vehicle when the minor has consumed alcohol.  Requires proof of a rental agreement, effective on the date of impoundment, if the owner is in the business of renting vehicles and is requesting release prior to the end of the 30-day impoundment period.  Clarifies that the spouse or any other vehicle owner requesting vehicle release prior to the end of the 30-day impoundment period had to be listed on the Department of Transportation’s (DOT) records as an owner at the time of impoundment.  Provides that if a spouse or vehicle owner requests release of the vehicle before the end of the 30-day impoundment period and enters into an agreement with the impounding agency prohibiting operation of the released vehicle by an unlicensed driver, the spouse or other owner will be ineligible for early release of the vehicle if it is subsequently impounded within one year.  Adds "a valid salvage or dismantle certificate" to the proof of ownership documents necessary for release of a vehicle.  Requires proof of motor vehicle liability insurance as a condition of releasing the vehicle.  Clarifies that an owner in the business of renting vehicles, a motor vehicle dealer, or a financial institution that requests the release of a vehicle must pay administrative charges to the impounding agency.  Specifies that the person requesting release of the vehicle on behalf of a rental company or financial institution cannot be the person who was operating the vehicle at the time of impoundment. 

States that a person to whom a vehicle has been released, other than an owner, identified in the DOT's records as having an interest in the vehicle,  (e.g. a rental car company, motor vehicle dealer or financial institution) cannot return the impounded vehicle to the person who was operating the vehicle at the time of impoundment unless the vehicle owner or owner’s agent presents a valid driver’s license, current vehicle registration or salvage or dismantle title and evidence of a motor vehicle liability policy.  Violation constitutes a civil traffic violation, subject to a civil penalty of $250.

Establishes a new civil traffic violation, subject to a civil penalty of $250, for a person who enters into an agreement with the impounding agency for early release of the vehicle who then allows a person to operate the vehicle in violation of the agreement.

Alters the time from five working days to five business days within which a justice court must conduct a post storage hearing after receiving a hearing request.  Limits the time to within ten days after the date on the notice of impoundment that a vehicle owner, spouse or other person may request a post storage hearing.  Specifies that a person is entitled to only one post storage hearing with either the impounding agency or a justice court, but not both.

Establishes a new class 2 misdemeanor for a towing company, storage yard, facility or person that has physical possession of a vehicle who refuses access or charges a fee during normal business hours to an ignition interlock device manufacturer or installer or a person who is listed as a lien holder on the DOT’s records for the purpose of removing an interlock device from the vehicle or assessing the vehicle’s condition.

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Chapter 279

HB2779

Effective Date
(See Summary)

FAIR AND LEGAL EMPLOYMENT ACT
Rep. Pearce

Expands the provisions of the crime, Aggravated taking the identity of another person or entity, to include the act of knowingly committing identity theft with the intent to obtain employment.  Decreases the number of stolen identities necessary to constitute the crime from five to three or more persons.

Beginning January 1, 2008, employers are prohibited from intentionally (as defined in A.R.S. §13-105) employing an unauthorized alien or knowingly employing an unauthorized alien (as defined in 8 U.S.C. §1324a).  Requires the Attorney General or appropriate county attorney to conduct an investigation upon receipt of a complaint that an employer allegedly intentionally or knowingly employs an unauthorized alien.

Filing a frivolous complaint is a Class 3 misdemeanor.

The investigating body must verify the work authorization of the alleged alien with the federal government and notify federal immigration and local law enforcement agencies of any unauthorized alien.  Each county attorney is charged with bringing an action in superior court against an employer following an investigation or upon direction of the Attorney General.  Requires the superior court to expedite any action, including assigning a hearing at the earliest possible date.

For a first violation of knowingly employing an unauthorized alien, the court must order the employer to terminate employment of all unauthorized aliens and direct the appropriate agencies to suspend any business licenses held by the employer unless a signed sworn affidavit is filed with the county attorney within three business days.  The affidavit must state that the employer has terminated the employment of all unauthorized aliens and will not intentionally or knowingly employ an unauthorized alien.  Upon filing of the affidavit, any suspended licenses are to be automatically reinstated unless otherwise directed by the court.  The court may order the suspension of the licenses for a period not to exceed ten business days and must order the employer to be subject to a three-year probationary period.  During this time, quarterly reports for each new hire must be filed with the county attorney for the location where the unauthorized alien performed work.

For a first violation of intentionally employing an unauthorized alien, requires the court to order the employer to terminate the employment of all unauthorized aliens and direct the appropriate agencies to suspend any licenses held by the employer necessary to conduct business until a signed sworn affidavit is filed with the county attorney.  The court must order the suspension of the licenses for a minimum of ten business days and order the employer to be subject to a five-year probationary period.  During this time, quarterly reports for each new hire must be filed with the county attorney for the location where the unauthorized alien performed work.

Enumerates factors the court must consider before determining the length of suspension of an employer’s business licenses.

For a second violation of intentionally or knowingly employing an unauthorized alien during the respective probationary periods, the court must order the appropriate agencies to permanently revoke an employer’s business licenses.  Requires the Attorney General to keep copies of all court orders related to the knowing or intentional hiring of unauthorized aliens, make the orders available on the AG website and maintain a database of employers found to be in violation of a related court order.

Prohibits the court from considering anything other than the federal government’s determination in finding that the employee is an unauthorized alien.  Restricts the court’s determination of an individual as an unauthorized alien to that of the federal government’s and allows the court to request verification of such from the federal government.  The federal determination provides a rebuttable presumption as to an individual’s lawful status.

Statute(s) Created:  23-211, 23-212, 23-213, 23-214

Statute(s) Amended:  13-2009

Court Impact:  Makes substantial changes to the license eligibility of employers in Arizona and verification of the employment eligibility of employees of which courts will need to be aware due to revocation requirements.  The term "license" is defined broadly to include any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state.  Also establishes a new class 3 misdemeanor.  The AOC is working to identify any Rules and procedures that will need to be modified/created for implementation of this legislation.

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SB1099

Effective Date
General 

REVISED UNIFORM ANATOMICAL GIFT ACT
Sen. Allen

Establishes a Class 6 felony for the act of intentionally falsifying, forging, concealing, defacing or obliterating the following:

• A document of anatomical gift

• An amendment or revocation of anatomical gift

• A refusal of anatomical gift

Statute(s) Impacted:  28-3006

Statute(s) Created:  36-841 through 36-863

Court Impact:  Informational.  Establishes a new class 6 felony for certain conduct in violation of the Revised Uniform Anatomical Gift Act.

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 SB1169

Effective Date
General

COUNTY RECORDERS; SOCIAL SECURITY NUMBERS
Sen. Leff

On or before January 1, 2009 requires the county recorder in a county with a population of 800,000 or more persons to redact references to the complete nine digit social security numbers on instruments available on the county recorder’s website.  The recorder must also redact complete social security number references on all instruments recorded but not available on the website prior to January 1, 2009 before making the instruments available on the website.                                                                  

In counties with a population of less than 800,000 persons redaction is upon request of the holder if the holder identifies the instrument.  The recorder must also redact complete social security number references on all instruments recorded but not available on the website prior to January 1, 2009 before making the instruments available on the website.

County recorders may use monies in the document storage and retrieval conversion and maintenance fund to effectuate law.

Releases the county recorder from liability for errors or cases of identity theft resulting from any redaction.    Prohibits a defendant’s social security number from being placed on a final judgment of forcible entry and detainer and on a taxpayer refund check, voucher or credit documentation issued by the Department of Revenue.

Statute(s) Impacted:  11-461, 12-1178, 42-1118

Court Impact:  Courts will need to ensure that a forcible entry and detainer judgment does not contain the defendant's social security number.

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