Driving while texting
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The 9-7 vote came over the objections of Sen. Jack Harper, R-Surprise who said people do all sorts of things while driving.
“To single out texting while driving or using a cellular phone I think kind of misses the main part of the argument,’’ he said.
“We believe in individual liberty and personal responsibility,’’ he said. “We don’t need to regulate everything that individuals do.’’
But Sen. Leah Landrum Taylor, D-Phoenix, said texting clearly takes the driver’s eyes off the road. And she said she has some personal experience in the matter, saying a motorist who rear-ended her vehicle admitted he had been sending a text.
“This is about public safety and to make sure that people are clearly understanding the danger that they can cause by doing something as ridiculous as trying to text while you’re driving,’’ she said.
Violators would face $50 fines — or $200 if they were involved in an accident.
It remains unclear, however, whether there are sufficient votes for final Senate approval next week.
Smoking in vehicles
Without comment the Senate gave preliminary approval Friday to legislation making it illegal for adults to light up when they have children in their vehicles.
SB 1440 is being pushed by Sen. Al Melvin, R-Tucson, based on arguments by the American Cancer Society. Their lobbyist testified in committee that the second-hand smoke from cigarettes is as harmful to vehicle occupants as it is to the smoker — if not more so to children whose lungs are smaller.
Violators would be fined $50 for each child younger than 18 in the vehicle. Repeat offenders would find the penalty increasing by $50 each time.
Legislative staffers say similar laws already exist in Arkansas, California, Louisiana and Maine. The measure still requires a final roll-call vote in the Senate before going to the House.
Greenhouse gases
State senators voted to block further efforts by the Department of Environmental Quality to regulate “greenhouse gases’’ in Arizona.
SB 1147, supported by electric companies, car dealers and businesses, is designed to short-circuit rules adopted by DEQ at the behest of then-Gov. Janet Napolitano to require vehicles sold in Arizona to meet new emission standards for carbon dioxide. The agency also has been looking at broader “cap and trade’’ rules for industrial sources.
Friday’s action may not shield either the car makers or businesses from standards: The Obama administration is considering its own federal regulations. But some of the foes said if there are to be rules, they would prefer nationwide ones that do not put Arizona businesses at a disadvantage with competitors from other states.
Media exposure
State senators voted Friday to put some limits on their own ability — along with state representatives, the governor and other statewide elected officials — to use tax dollars to paste their names and faces on TV and all over billboards, brochures and web sites.
Sen. Jim Waring, R-Phoenix, said he crafted SB 1002 to deal with situations like when Janet Napolitano, then the governor facing a reelection campaign, had her face on publicly financed billboards promoting in-state tourism. He said that is inappropriate.
SB 1002 would allow names and faces in some circumstances, including when legally necessary. But the item would have to be labeled as paid for as being paid for from public dollars, a provision that Waring said should cut down on some abuse.
Lawmakers rejected a proposal by Sen. Ken Cheuvront, D-Phoenix, to extend the restrictions to local officials.
Health care
Arizonans are one step away from being able to decide if they want the right to opt out of any national health care plan.
Without debate the Senate on Friday gave preliminary approval to HCR 2014 which would constitutionally override any law or rule requiring individuals or businesses to buy insurance or pay a penalty. It also would be illegal to bar the sale of private health insurance and guarantee that individuals would retain the right to purchase whatever health care services they want with their own money.
The measure already has been approved by the House, meaning only a final Senate roll-call vote is necessary to put it on the 2010 ballot.
Proponents say they want to preserve the ability of Arizonans not to participate in whatever program is approved by Congress and the Obama administration. But it remains an open question whether a state constitutional provision would trump federal law.
Loan originators
Consumers who lose money because of improper actions by loan originators may be able to get some money from the state.
HB 2143, given preliminary Senate approval Friday, would set up a special fund administered by the Department of Financial Institutions. It is aimed at situations where a licensed loan originator committed fraud or misrepresentation and the victim was harmed based on reliance on that person’s licensed status.
Payouts would be limited to no more than $200,000 for any transaction, with a cap of $500,000 against any licensed originator. The bill, a nearly identical version which already has passed the House, needs final Senate approval.
Clean Elections
Senators voted Friday to ask Arizonans to effectively kill the Clean Elections Act.
SCR 1025 would constitutionally prohibit taxpayer dollars from being used to finance any statewide or legislative campaign. That would include the surcharge on civil, criminal and traffic fines which provides the main source of funds for financing the campaigns of candidates who agree not to accept private dollars.
The measure, if it gains final Senate and House approval, would have to be ratified in 2010 by voters who approved the public financing system in 1998.
Immunizations
Pharmacists would get the right to administer certain vaccines under the terms of legislation given preliminary Senate approval Friday.
HB 2164 would permit pharmacists to provide vaccines listed by the Centers for Disease Control on its regular adult immunization schedule without first getting a doctor’s prescription. They also could give immunizations recommended by the CDC for international travel.
The measure already has been approved by the House and now needs only final Senate approval.
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