Busy day at state capitol leads to action on several bills

By Howard Fischer
Capitol Media Services
Published/Last Modified on Tuesday, June 23, 2009 10:06 PM MDT


The Senate agreed Monday to expand existing domestic violence laws to protect people who have only been dating.


SB 1088 is a reaction to the death last year of 17-year-old Kaitlyn Sudberry who was shot to death by her former boyfriend, also 17, who later turned the gun on himself.

Current law allows those who are victims of domestic violence to obtain an order of protection which can be issued without prior notice to the other party.

But those laws are limited to those who have been living together, whether married or not. Sen. Jonathan Paton, R-Tucson, said it does not help those who have been dating or, in this case, a teen still living at home with her parents.

Sen. Russell Pearce, R-Mesa, objected to expanding the law to what "could be everything in the world. He said it would allow someone whose only prior involvement with someone else has been holding hands.

Paton, however, who dubbed his legislation "the scumbag boyfriend bill,'' said the expansion is necessary.

Malpractice

The Senate voted 21-8 on Monday to make it legally more difficult for someone injured in an emergency room to win a malpractice case against the health care provider or the hospital.

SB 1018 says a patient would have to prove by "clear and convincing evidence'' that the care provided did not meet the standards expected. That is more difficult to prove than the current requirement to show only that it is more likely than not there was malpractice.

Sen. Carolyn Allen, R-Scottsdale, said she believes the change will make doctors more willing to work in emergency rooms. Opponents of the bill, which now goes to the House, argued there is no evidence that malpractice cases affect availability of physicians.

Budget

Voters would get a chance to approve a constitutional measure next year designed to prevent future budget problems.

SCR 1009, would allow lawmakers to divert taxes and other sources of funds specifically approved by voters for special purposes like education and early childhood development program to instead go to balancing the budget at times there is a deficit.

That measure now goes to the House.

But senators refused to approve SCR 1006 to set the state expenditure limit at no more than 6.4 percent of the total personal income of everyone in Arizona, down from the current cap is 7.4 percent. That measure would have stipulated that if more money is raised than that in taxes it would have to be refunded to taxpayers.

Elections

The Senate voted Monday to ask voters to effectively kill the system of public financing of elections they approved in 1998.

SCR 1025 technically would not repeal the Citizens Clean Elections Act. That measure provides a set amount of funds to candidates for statewide and legislative office who agree not to accept private donations.

Instead it would constitutionally prohibit any public funds from being used to fund those campaigns. That would eliminate the two main sources of cash: A surcharge on civil, criminal and traffic fines, and a state tax credit.

Sen. Jonathan Paton, R-Tucson, the sponsor of the measure that now goes to the House, said candidates should not be taking money from the government.

Greenhouse gases

On a 19-10 margin the Senate voted Monday to bar the Department of Environmental Quality from enacting or enforcing any new rules designed to deal with climate change.

SB 1147 specifically would block the rules adopted by DEQ last year to set emission standards for new vehicles for carbon dioxide and other greenhouse gases. That measure was pushed through by then-Gov. Janet Napolitano over the objections of automobile manufacturers.

It also would halt further work on any sort of "cap and trade'' system of greenhouse gases which would set new limits on emissions from industrial sources like power plants. Electric utilities have been at the forefront of fighting this proposal, claiming higher costs.

The measure now goes to the House.

Elected officials

With only one dissenting vote the Senate agreed Monday to limit the situations in which elected officials can use public funds for their own self-promotion.

SB 1002 is designed to cut down on billboards, brochures, mailings and even web sites that feature the names and photographs of politicians. It says that sort of publicity is limited to situations where the communication is required by law, is related to some official action or if it is tailored to ensure that the public knows who can be held accountable.

Even in those circumstances, though, the legislation, which now goes to the House, would require disclosing the cost to the public of the communication. Sen. Jim Waring, R-Phoenix, said that should cut down on abuse.

Immunizations

Without dissent the Senate agreed to let pharmacists administer certain vaccinations without first getting a prescription from a physicians.

HB 2164 would be limited to immunizations for adults that are recommended by the Centers for Disease Control. It also would cover those vaccinations recommended for foreign travel. The bill now goes to the House.

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