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Senate and House Bills
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Click on any of the bills listed below to see the full version.
Please note, there are several bills we are continually tracking that might not appear on this list.
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New Report |
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50th Legislature - 2nd Regular Session, 2012 |
Thursday, May 3 2012 8:28 AM |
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Bill summaries and histories copyright 2012 Arizona Capitol Reports, L.L.C. |
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H2004: TECH CORRECTION; FINANCIAL RESPONSIBILITY; VERIFICATION |
Minor change in Title 20 (insurance) pertaining to verification of financial responsibility. Apparent striker bus. |
First sponsor: Rep. Burges |
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H2031: VEHICLE IMPOUNDMENT; LACK OF INSURANCE |
Peace officers are required to impound a vehicle if a person driving the vehicle is not in compliance with vehicle insurance requirements. Some exceptions. |
First sponsor: Rep. Kavanagh |
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1/9
referred to House trans, bank-ins. |
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H2125: TRAFFIC ACCIDENT REPORTS |
The standard for whether a law enforcement officer must complete a traffic accident report or only a portion of the report is changed to whether the accident renders the motor vehicle inoperable or not, instead of whether there is property damage in excess of $1,000 or not. |
First sponsor: Rep. Urie
Others: Rep. Chabin, Rep. Hale, Rep. Olson, Rep. Pratt |
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3/5
passed House 45-15; ready for Senate. House voted to reconsider passage of bill and FAILED to pass 28-31. |
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H2132: INSURANCE; UTILIZATION REVIEW; DETERMINATIONS; UNFAIR PRACTICES |
If the Department of Insurance finds that a person is engaged in certain specified unfair claim settlement practices, the Director is required (instead of allowed) to impose specified civil penalties. If the Dept receives five complaints or more in a 30 day period against the same person alleging unfair claim settlement practices, the Dept must investigate and issue a written determination within 30 days after receipt of the most recent complaint. |
First sponsor: Rep. Dial
Others: Sen. Barto, Rep. Brophy McGee, Rep. Gowan, Sen. McComish, Sen. Nelson, Sen. Reagan |
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1/11
referred to House bank-ins, com. |
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H2393 (Chapter 32): FALSE CLAIMS; NOTICE OF PENALTY |
For the purposes of notice of penalty for false or fraudulent claims, "claims form" is defined as any document supplied by an insurer to an insured or claimant that the person is required to complete and submit in support of a claim for benefits. AS SIGNED BY GOVERNOR. |
First sponsor: Rep. McLain
Others: Sen. McComish |
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3/15
signed by governor. Chap. 32, Laws 2012. |
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H2395: SCRAP METAL DEALERS; PROHIBITED TRANSACTIONS |
Scrap metal dealers are prohibited from knowingly purchasing commercial air conditioner cooling coils or compressors, except from an industrial account as part of a complete air conditioner or cooling unit. Scrap metal dealers must keep a record of each transaction involving the receipt of scrap metal, instead of only those transactions exceeding $25. Establishes a 14-member Joint Legislative Study Committee on Metal Theft to research scrap metal recycling regulations and the impact of metal theft on Arizona businesses and submit a report to the Governor and the Legislature by December 31, 2012. The Committee self-repeals October 1, 2013. AS PASSED HOUSE. |
First sponsor: Rep. Forese
Others: Rep. Vogt |
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3/15
from Senate com-energy do pass. |
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H2503: PRODUCT LIABILITY ACTIONS; PUNITIVE DAMAGES |
A manufacturer, service provider or seller is not liable for exemplary or punitive damages if the product, activity or service was in compliance with specified government regulations. Some exceptions. AS PASSED SENATE. |
First sponsor: Rep. Yee |
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5/2
House concurred in Senate amendments and passed on final reading 38-20; ready for governor. |
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H2548: DANGEROUS & INCOMPETENT DEFENDANTS; COMMITMENT |
If the court finds a defendant incompetent to stand trial, any party may request that the court determine if the defendant is "dangerous" (defined) and incompetent. If the defendant is dangerous and incompetent, s/he must be committed to a licensed facility under the supervision of the Superintendent of the Arizona State Hospital and periodic reports on the defendant must be submitted to the court. If a report indicates the defendant is competent to stand trial, the court must hold another determination hearing. |
First sponsor: Rep. Vogt
Others: Sen. Aboud, Sen. Antenori, Sen. Barto, Rep. Campbell, Rep. Fann, Rep. Farley, Rep. Gowan, Sen. Melvin, Rep. Proud, Rep. Tovar, Rep. Wheeler, Rep. Williams |
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1/18
referred to House jud. |
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H2571: STATE PERSONNEL SYSTEM |
Beginning September 29, 2012, unless specifically exempted, the following state employees are at will uncovered employees and are not entitled to appeal rights: all new hires, attorneys, supervisors, employees at a pay grade of 19 or above, information technology employees, any covered employee who voluntarily accepts a change in assignment, and any covered employee who voluntarily elects to become an at will uncovered employee. The following employees with covered status before September 29, 2012 remain in covered status as long as there is no break in their service: state employees, certain correctional officers, civilian employees in the law enforcement merit system and peace officers. On or after September 29, 2012, correctional officers and peace officers may be appointed to covered positions. The Director of the Department of Administration is required to establish and administer the state personnel system, including a job classification system, a centralized job announcement system, a centralized employment system, a compensation system, a statewide performance management system, and an integrated system to process personnel, payroll and benefits. The rules governing the system must include procedures for the review of complaints containing an allegation of discrimination or harassment, and procedures requiring review by the Director of dismissals, suspensions for more than 80 working hours or involuntary demotions before administering the action. The system does not apply to elected officials, members of boards and commissions, employees of the Legislature, employees of the Supreme Court or Court of Appeals, the AZ Board of Regents and university personnel, employees of the AZ State Schools for the Deaf and Blind, staff of the Cotton Research and Protection Council, employees of the Department of Public Safety and employees of the Arizona Peace Officer Standards and Training Board who are employed as certified peace officers, and National Guard personnel. Specifies exemptions from various requirements of the system for certain other employees. The Director is required to adopt rules and procedures applicable to covered employees, including specified provisions for a probationary period, causes for dismissal or disciplinary action, and reduction in force procedures using performance records as the sole basis for determining retention. State agencies are prohibited from adopting policies that provide employment retention priority for employees based on tenure or seniority. Increases the number of members of the Law Enforcement Merit System Council to five, from three. The Department of Public Safety is required to appoint, suspend, demote, promote or dismiss sworn employees subject to rules established by the Council. In hearings on employee discipline, the State Personnel Board or the Council is required to determine whether a state agency has proven by a preponderance of the evidence the material facts on which employee discipline was based. On such a finding, the Board or Council must affirm the agency decision unless it was arbitrary and capricious. The Board or Council may recommend modification of a disciplinary action if the agency does not prove the material facts by a preponderance of the evidence. The Board or Council is required to reverse the decision if cause did not exist for discipline to be imposed. The agency director is required to accept, modify or reverse the Board's or Council's decision or recommendation within 14 days, and the director's decision is final and binding, except that sworn DPS employees may appeal the final determination of the DPS Director under specified circumstances. Provides that a public employee has a claim against the employer for termination if the employer violated statutes governing disclosure of information by public employees. Various directors of state agencies, boards and commissions serve at the pleasure of the Governor or the relevant board or commission. Statutory reasons they may be fired, lengths of terms of office, and selection committees are eliminated. Agency directors are authorized to require employees to work reduced hours to comply with any reduction in appropriations. State offices may close during regular business hours (8 AM to 5 PM, Monday through Friday) in order to implement an agency furlough approved by the Dept of Administration. Statutes governing state personnel administration, including reduction in force procedures and causes for dismissal or discipline, are repealed. Session law provides for retention of agency heads serving on January 1, 2014. Effective September 29, 2012. AS PASSED HOUSE. |
First sponsor: Rep. Olson |
Calendar:
5/3 House Final Reading |
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5/2
Senate COW approved with floor amend #5503. Passed Senate 21-9; ready for House action on Senate amendments. |
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H2619: CONSUMER REPORTING AGENCIES; INFO SALES |
A business entity, including a consumer reporting agency, is prohibited from selling or exchanging with a third party the existence of a credit inquiry arising from a consumer loan application if the sale or exchange is triggered by an inquiry made in response to an application for credit. Some exceptions. |
First sponsor: Rep. Hobbs |
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1/19
referred to House bank-ins, com. |
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H2677 (Chapter 105): VEHICLE INSURANCE; PROOF SHOWN ELECTRONICALLY |
Proof of mandatory automobile liability insurance may be displayed on a wireless communication device. In a hearing for a violation of mandatory automobile liability insurance, a court may require a person to produce an insurance identification card as evidence. AS SIGNED BY GOVERNOR. |
First sponsor: Rep. Dial
Others: Rep. Robson, Rep. Stevens, Rep. Williams |
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3/27
signed by governor. Chap. 105, Laws 2012. |
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H2678: VIRTUAL DRIVER LICENSES |
The Department of Transportation is required to establish procedures to issue, upon request of an applicant, a virtual driver license, permit or nonoperating identification license. The Department is authorized to determine the fees for virtual licenses by rule. |
First sponsor: Rep. Dial
Others: Rep. Robson, Rep. Williams |
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2/9
House trans held. |
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H2693: CONTRACTORS; INSURANCE RISK |
Construction contracts or architect-engineer professional service contracts that purport to insure the promisee against liability resulting from the negligence of the promisee are void. The list of agreements that are not void due to insurance or indemnification of the contractor is expanded to include various agreements between insurers and named insureds and agreements for indemnification of a surety on a payment or performance bond. Effective January 1, 2014. |
First sponsor: Rep. Jim Weiers
Others: Rep. Brophy McGee, Rep. Carter, Rep. Chabin, Rep. Gowan, Rep. R. Gray, Rep. Hale, Rep. Hobbs, Sen. Jackson, Jr., Sen. Lujan, Rep. Montenegro, Sen. Nelson, Sen. Reagan, Sen. Schapira, Rep. Vogt, Rep. Jerry Weiers |
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2/8
from House com do pass. |
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H2725: FEDERAL HEALTH CARE; NULLIFICATION |
Declares that the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 are not authorized by the U.S. Constitution and are invalid and of no effect in Arizona. An official, agent or employee of the U.S. government or a corporation providing services to the U.S. government who enforces or attempts to enforce these laws is guilty of a class 4 felony. A public officer or employee of this state who enforces or attempts to enforce these laws is guilty of a class 1 misdemeanor. An aggrieved person has a private right of action against violators. Contains a legislative findings section. |
First sponsor: Rep. Seel
Others: Sen. Antenori, Sen. Biggs, Sen. Burges, Rep. Crandell, Rep. Fillmore, Rep. Goodale, Sen. Gould, Sen. L. Gray, Rep. Harper, Rep. Judd, Rep. Kavanagh, Sen. Klein, Sen. Melvin, Sen. Murphy, Rep. Proud, Rep. D. Smith, Sen. S. Smith, Rep. Stevens, Rep. Urie |
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1/31
referred to House hel-hu ser. |
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H2783: HEALTH INSURANCE EXCHANGE |
Establishes the Arizona Health Insurance Exchange to facilitate the purchase and sale of qualified health plans by January 1, 2014. Establishes duties of the Exchange, including cooperating with the Dept of Insurance to certify health benefit plans as qualified health plans. Also establishes the Health Insurance Exchange Board as the governing body of the Exchange, and the Health Insurance Exchange Fund consisting of monies received from the federal government and newly established premium assessments and fees, to be used to operate and administer the Exchange. Monies in the Fund are continuously appropriated. |
First sponsor: Rep. Meyer
Others: Rep. Farley, Rep. Gallego, Rep. Tovar, Rep. Wheeler |
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2/8
referred to House bank-ins, hel-hu ser. |
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HCR2003: PUNITIVE DAMAGE AWARDS; EDUCATION FUNDING |
The 2012 general election ballot is to carry to question of whether to amend the state Constitution to require all punitive or exemplary damages awarded to be deposited in a fund used only to educate K-12 students. The 2012 general election ballot is also to carry the question of whether to establish in statute the punitive or exemplary damage awards fund consisting of all awards for punitive or exemplary damages and to be used only for the purpose of educating K-12 pupils. |
First sponsor: Rep. Fillmore |
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1/23
referred to House educ, jud. |
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HCR2030: WORKERS' COMP; ALCOHOL; CONTROLLED SUBSTANCES |
The 2012 general election ballot is to carry the question of whether to amend the state Constitution to allow the Legislature to enact laws that deny or limit workers' compensation for an injury to a worker whose use of alcohol, medical marijuana or unlawful use of a controlled substance was a substantial contributing cause of the injury. |
First sponsor: Rep. Fann |
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1/23
referred to House bank-ins. |
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HCR2034: FEMA; FLOOD MAP REVIEW |
The Legislature supports the implementation of a review process by the Federal Emergency Management Agency for the current flood plain maps in Arizona and a timeline to make any changes. The Legislature supports the determination of flood insurance premiums on actuarial data from the state in which a person resides rather than on a national basis. The Secretary of State is directed to transmit copies of this resolution to the FEMA Administrator in the U.S. Department of Homeland Security. AS SENT TO SECRETARY OF STATE. |
First sponsor: Rep. Judd
Others: Rep. Crandell |
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3/22
passed Senate 30-0; to secretary of state. |
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HCR2042: AHCCCS; RECOVERY AUDIT; RECOVERY METHODOLOGY |
The 2012 general election ballot is to carry the question of whether to amend state statute to require the AHCCCS Administration to conduct an annual audit of the primacy of its payments and to issue a request for proposals for a contract to provide a cost avoidance and recovery methodology relating to determining third-party liability and coordination of benefits. |
First sponsor: Rep. Seel |
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1/23
referred to House hel-hu ser. |
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S1042 (Chapter 34): AUTO THEFT AUTHORITY; CONTINUATION |
The statutory life of the Automobile Theft Authority is extended 10 years to July 1, 2022. Retroactive to July 1, 2012. AS SIGNED BY GOVERNOR. |
First sponsor: Sen. L. Gray |
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3/15
signed by governor. Chap. 34, Laws 2012. |
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S1078: INTERSTATE COMPACT; HEALTH CARE |
The state agrees to be bound by an interstate health care freedom compact to "protect and guarantee their residents' rights and freedoms to pay or not to pay directly for health care services and to participate or not to participate in health plans and health systems." Requires the compact to be liberally construed so as to effectuate its purposes. Includes a list of acts by governmental officials relating to health care that violate civil rights and constitute a class 1 misdemeanor, with an exception for actions taken to administer AHCCCS. Severability clause. AS PASSED SENATE. |
First sponsor: Sen. Allen
Others: Rep. Crandell |
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1/26
Senate COW approved with floor amend #4082. Passed Senate 19-9; ready for House. |
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S1123 (Chapter 55): SURPLUS LINES INSURANCE; BROKERS |
The notarized statement of all surplus lines insurance business that surplus lines brokers are required to file quarterly may be submitted in facsimile form. The broker must maintain the original statement for six years. If insurance coverage is not a "recognized surplus line" (defined elsewhere in statute), a surplus lines broker is required to maintain evidence of compliance with surplus lines regulations, instead of an affidavit attesting to compliance, for six years after the expiration of the policy. AS SIGNED BY GOVERNOR. |
First sponsor: Sen. McComish
Others: Rep. McLain |
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3/20
signed by governor. Chap. 55, Laws 2012. |
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S1124 (Chapter 137): ADOT CONTRACTS; SURPLUS LINES |
In Department of Transportation procurement, a bidder must comply with a contractor insurance requirement by obtaining insurance from an authorized insurer or an approved surplus lines insurer. AS SIGNED BY GOVERNOR. |
First sponsor: Sen. McComish
Others: Rep. McLain |
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3/29
signed by governor. Chap. 137, Laws 2012. |
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S1134 (Chapter 56): AUTOMOBILE INSURANCE; NOTICE TO INSURED |
Automobile insurers must mail the notice of nonrenewal, cancellation or reduction in coverage for reasons other than nonpayment of premium to a policyholder and any refund of unearned premium at least 10 days before the effective date. AS SIGNED BY GOVERNOR. |
First sponsor: Sen. McComish
Others: Rep. McLain |
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3/20
signed by governor. Chap. 56, Laws 2012. |
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S1153: RENTAL CARS; LIABILITY INSURANCE; SUBROGATION |
Rental car owners have a right of subrogation against the renter's insurer for damage and injury claims that have been paid by the owner as excess to all damages sustained by the claimant. The rental car owner's public liability insurance is not required to be primary coverage if it is diclosed in the rental agreement that the owner does not extend any of its coverage to the renter or other drivers, or if the renter purchased public liability insurance from the owner that provides coverage to the renter and authorized drivers. Rental car owners are required to respond to a third party claim, provide financial responsibility and provide a defense for all claims for damages or liability arising out of an accident caused by the renter if the renter does not have any other liability coverage applicable to the loss, up to the owner's coverage limits. AS PASSED HOUSE. |
First sponsor: Sen. Biggs |
Calendar:
5/3 House Final Reading |
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5/2
Senate adopted conference report #5484 and passed on final reading 29-1. Awaits House final vote. |
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S1161: HANDICAP PLACARD |
Permanently disabled persons may obtain a permanently disabled removable windshield placard for each of the person’s registered vehicles, instead of only one placard. AS PASSED SENATE. |
First sponsor: Sen. Murphy |
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3/15
House trans held. |
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S1165: HISTORIC NAMES BOARD |
One of the members of the State Board on Geographic and Historic Names is appointed by the head of the Arizona Commerce Authority, instead of the Department of Commerce. AS PASSED SENATE. |
First sponsor: Sen. Murphy |
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3/22
House appro FAILED 6-7. |
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S1250: HEALTH INSURANCE; INTERSTATE PURCHASE |
Health insurers of the same type as those regulated in Arizona that are regulated in another state are authorized to issue health or sickness insurance in Arizona to individuals and small businesses, if the insurer is required to maintain financial reserves of at least the amount required in Arizona and the insurer registers with the AZ Department of Insurance. Policies issued under this authorization are subject only to the benefit requirements of the insurer's state. Allows the Dept to revoke a registration under specified circumstances. Severability clause. |
First sponsor: Sen. Barto
Others: Sen. Allen, Sen. Antenori, Sen. Biggs, Rep. Brophy McGee, Sen. Burges, Rep. Crandell, Rep. Dial, Sen. Driggs, Rep. Fann, Sen. Gould, Rep. Gowan, Sen. L. Gray, Sen. Griffin, Sen. Klein, Sen. Lewis, Sen. Melvin, Rep. Mesnard, Rep. Montenegro, Sen. Murphy, Sen. Nelson, Rep. Olson, Sen. S. Pierce, Rep. Proud, Sen. Reagan, Rep. Robson, Rep. Seel, Sen. Shooter, Rep. D. Smith, Sen. S. Smith, Rep. Stevens, Rep. Williams, Sen. Yarbrough |
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2/14
Senate bank-ins held. |
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S1286: RENTAL CAR COMPANIES; LIABILITY INSURANCE |
The vehicle liability insurance of the owner of rental cars must carry is "excess" (defined) coverage, rather than primary coverage, to any other available insurance coverage for damages and injury caused by a renter. Rental car owners must respond to a third party insurance claim, provide financial responsibility and provide a defense for all claims for damages if there is an accident where damages or injuries are caused by the renter and the renter does not have other liability coverage available. AS PASSED SENATE. |
First sponsor: Sen. McComish
Others: Rep. Dial, Rep. Forese, Rep. Gowan, Sen. Meza, Sen. Shooter, Rep. Tovar, Rep. Urie |
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3/12
FAILED to pass House bank-ins 2-5. |
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S1310: SMALL CLAIMS DIVISION; JURISDICTION; LIMITS |
The small claims division would have had concurrent original jurisdiction with the justice court in civil actions where the maximum value of claims is $5,000, increased from $2,500. AS VETOED BY GOVERNOR. Her veto message stated that doubling the jurisdictional amount is contrary to the stated purpose of the small claims division. |
First sponsor: Sen. Antenori
Others: Sen. Yarbrough |
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4/4
VETOED message. |
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S1311: CIVIL ACTIONS; JUSTICE COURTS; JURISDICTION |
Justices of the peace have concurrent jurisdiction in cases of forcible entry and detainer when the amount involved is $15,000 or less, increased from $10,000 or less, and in civil actions when the amount involved is between $10,000 and $15,000. The Supreme Court is required to biennially adjust these amounts by the percentage change in the consumer price index, to the nearest $100. Conditionally enacted on the state Constitution being amended at the next general election to increase the civil jurisdictional limit of justice courts. If approved, becomes effective July 1, 2013. AS PASSED HOUSE. |
First sponsor: Sen. Antenori
Others: Rep. Vogt |
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4/30
Senate adopted conference report #5445 and FAILED to pass on final reading 13-17. |
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S1359 (Chapter 284): CIVIL LIABILITY; WRONGFUL LIFE; BIRTH |
A person is not liable for damages in any civil action for wrongful birth or wrongful life based on a claim that a child or children would not or should not have been born, but for an act or omission of the defendant. Does not apply to a civil action for damages for an intentional or grossly negligent act or omission. AS SIGNED BY GOVERNOR. |
First sponsor: Sen. Barto
Others: Sen. Allen, Sen. Antenori, Rep. Ash, Rep. Barton, Sen. Burges, Sen. Crandall, Rep. Crandell, Sen. Driggs, Rep. Forese, Sen. Gould, Sen. L. Gray, Rep. R. Gray, Sen. Griffin, Rep. Harper, Rep. Judd, Rep. Kavanagh, Sen. Klein, Rep. Lesko, Sen. Lewis, Sen. Melvin, Rep. Mesnard, Rep. Montenegro, Sen. Murphy, Rep. Pratt, Rep. Proud, Sen. Shooter, Sen. S. Smith, Rep. Tobin, Rep. Urie, Sen. Yarbrough, Rep. Yee |
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4/17
signed by governor. Chap. 284, Laws 2012. |
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S1413: PROPERTY INSURANCE; PROXIMATE CAUSE |
For property insurance purposes, if the proximate cause of a loss is a covered peril, all damages that result from that loss are covered under the policy even if an excluded peril also may have been a factor in the cause of the loss. |
First sponsor: Sen. Griffin
Others: Rep. Chabin, Sen. Melvin, Rep. Stevens |
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2/14
Senate bank-ins no action. |
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S1475: FEDERAL HEALTH CARE; NULLIFICATION |
Declares that the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 are not authorized by the U.S. Constitution and are invalid and of no effect in Arizona. An official, agent or employee of the U.S. government or a corporation providing services to the U.S. government who enforces or attempts to enforce these laws is guilty of a class 4 felony. A public officer or employee of this state who enforces or attempts to enforce these laws is guilty of a class 1 misdemeanor. An aggrieved person has a private right of action against violators. Contains a legislative findings section. |
First sponsor: Sen. Gould
Others: Sen. Griffin, Sen. Murphy, Sen. Nelson, Sen. Shooter, Sen. Yarbrough |
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1/31
referred to Senate hel-med. |
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SCR1032: JUSTICE COURTS; CIVIL ACTIONS; JURISDICTION |
The 2012 general election ballot is to carry the question of whether to amend the state Constitution to expand the civil jurisdiction of justice courts to up to $25,000, increased from $10,000. |
First sponsor: Sen. Antenori
Others: Rep. Vogt |
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3/15
from House jud do pass. |
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