(Posted: Feb. 16, 2010) Arizona Capitol Police Association President Ed Neidkowski and Vice President Wes Elliot met recently with Sen. Russel Pearce prior to the Appropriations hearing on SB1107. This bill would permit the transfer of Capitol Police to the Department of Public Safety. Following the meeting, Ed testified in Appropriations before Senator Pearce’s committee and the bill moved forward with a 9-0 bi-partisan vote. Pictured with Senator Pearce from left is President Ed Neidkowski and VP Wes Elliot.
AZCOPS working for you in State Capitol
(Posted: Feb. 3, 2010)
On Day 23 of the 2010 legislative session, AZCOPS is monitoring a number of good and bad bills for our members, and have found sponsors for several of our own bills.
HB 2166 by Rep. Andy Biggs
Law Enforcement, Officer, Representation.
Circumstances in which a law enforcement officer or probation officer who appeals a disciplinary action is afforded the right to request a change of hearing officers is expanded to include hearings before the state personnel board. Consequences for not following provisions as outlined in Section A. Jan. 13 — Assigned to Public Employees, Retirement and Entitlement Committee.
HB 2043 By Rep. Kavanagh.
Law Enforcement, Duty Fitness Examination.
Various procedures are established governing situations in which a law enforcement officer or probation officer fails a fitness-for-duty examination due to a physical or psychological condition and may choose to request an independent examination. Jan. 26–Awaits Floor action.
HB 2343/SB 1038 by Reps. Antenori, Gowan, Montenegro, Court Stevens, Crump, Goodale, Heinz, Hendrix, Jones, Kavanagh, JP Weiers.
Evading arrest or detention, Crime
A person commits evading arrest or detention by intentionally fleeing from a person reasonably known to be a peace officer attempting to lawfully arrest or detain him. Does not apply to a person using a motor vehicle to flee. Evading arrest is a class 1 misdemeanor except if it causes the death or serious bodily injury of another person it is a class 2 or 3 felony. Jan. 25–Assigned to Judiciary Committee.
Control of the Capitol Police is transferred from the Dept. of Administration to the Dept. of Public Safety. Feb. 2–Senate Appropriations.
A law enforcement officer shall not be subject to disciplinary action without just cause (defined). Jan. 28–Public Safety and Health Services, Do Pass.
Note: AZCOPS was neutral on this bill in that it had removed probation and surveillance officers from the definition. Sen. Russell Pearce agreed to amend and re-insert the probation officer definition on the floor.
The reverse deferred retirement option plan available to members of the Correctional Officers Retirement Plan due to expire on July 1, 2011, is extended five years to July 1, 2016. Jan. 19–Referred to Government Institutions.
Feb. 2– Dropped.
Surviving spouses of peace officers killed in line of duty are entitled to receive payments for health insurance premiums from public monies of the officer’s employer for the first six months after the officer’s death in specified circumstances. From House Military Affairs and Public Safety with amendment.
The statutory life of the Dept. of Juvenile Corrections is extended five years to July 1, 2015. Retroactive to July 1, 2010. Feb. 2–Third Reading passed 58-0.
State Personnel Board may hear an appeal of a state employee’s dismissal, suspension or demotion “as soon as reasonably possible,” and may enter its decision on the appeal at the next open public meeting after the hearing. Session law only. Self-repeals Jan. 1, 2012. [Capitol Reports not: this sets aside statute requiring the Board to hear an appeal within 30 days and enter a decision within 45 days of the hearing.] Jan. 20 — to House Government.
A law enforcement officer who retired due to a disability not associated with a mental disorder who was certified to carry a weapon and was in good standing at the time of retirement is not required to have a concealed weapons permit to carry a concealed weapon. Feb. 1 — Referred to House Judiciary Committee.
Adds a new article to statute governing the release or disclosure of financial records (defined). Financial institutions are prohibited from releasing or disclosing financial records to a government authority without customer consent, unless there is a subpoena or search warrant. Places restrictions on financial investigations. Jan. 21–House Banking and Insurance Committee.
HB 2465/SB 1214
Licensed medical physicians and osteopathic physicians owe no duty of care and are not liable for any civil or other damages for failing to diagnose, treat or identify a medical condition or failing to communicate the findings of an examination conducted for worker’s compensation, pre-employment, or in an action for damages under an insurance policy. Some exceptions. Feb. 1–Held in House Banking and Insurance.
Removes carrying a deadly weapon without a permit from the list of actions that constitute misconduct involving weapons. Concealed weapons permit holders are no longer required to carry the permit when in possession of a weapon, and are exempt from the prohibition on carrying a deadly weapon. Feb. 3 — House Military Affairs and Public Safety Committee.
NOTE: AZCOPS Neutral pending review.
WORTH NOTING…There are a myriad of pension bills and firearms bills this session. AZCOPS attends Public Safety and CORP retirement meetings throughout the year and monitors these crucial bills with the assistance of the PSPRS administrator. Firearms legislation will be addressed in a subsequent Bulletin.