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Legislative BriefsMeasure on lying lobbyists set aside but may be revived

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On a 16-12 vote, the Senate on Monday approved legislation that would make it harder for patients injured in hospital emergency rooms to collect for damages.

SB 1032 would require plaintiffs to prove by clear and convincing evidence that the care provided by a doctor or other medical professional did not meet applicable standards. That is more difficult to prove than the current standard of preponderance of the evidence, which essentially means it is more likely than not there was malpractice.

Gov. Janet Napolitano vetoed an identical measure last year.

But a commission she subsequently appointed to study the issue of why doctors are refusing to work in emergency rooms voted 13-5 to support the change.

Sen. Carolyn Allen, R-Scottsdale, sponsor of the measure, said she hopes Napolitano, who needs the cooperation of the Republicans who control the Legislature to get her health-care program approved, will be willing to compromise this year.

Motorists who are really intoxicated would have to serve at least 45 days in jail under the terms of legislation approved unanimously Monday by the state Senate.

Current law provides for a 30-day jail term for those convicted of extreme driving under the influence, meaning those with a blood-alcohol content of at least 0.15 percent. That is nearly twice the legal limit of 0.08 percent.

SB 1029 would impose a 45-day term on those with a BAC of at least 0.20 percent, with no possibility of early release. The measure now goes to the House.

A measure to put lobbyists who lie out of business will not become law — at least not this year.

Sen. Debbie McCune-Davis, D-Phoenix, told members of the Senate Government Committee there are laws that already make it illegal to lie to the Legislature.

SB 1121 would have said that those who provide information to the Legislature that they knew or should have known was false would lose their right to lobby for three years.

Sen. Jack Harper, R-Surprise, who chairs the panel, said the issue needed to be raised.

But Harper, after taking testimony, said he would not allow a vote on the measure unless it also included provisions to penalize lawmakers who lie to constituents.

McCune-Davis said that is unnecessary because complaints against legislators can be reviewed by the Ethics Committee and voters can always oust legislators.

People anywhere around the world would be able to watch votes in Arizona being counted under the terms of legislation that was approved Monday by the Senate Government committee.

SB 1065 would require a live link to the World Wide Web for elections for state, legislative and county offices.

Sen. Jack Harper, R-Surprise, said the main intention is to make it easier for the secretary of state, who is responsible for overseeing all elections, to monitor the counting process.

The bill now requires full Senate approval.

The House Ways and Means Committee voted 7-3 Monday to cut the state corporate income tax rate to 6.62 percent.

Current law requires corporations to pay taxes at the rate of just less than 7 percent. Sponsors of HB 2336 said the reduction would help spur economic growth.

"We have the highest corporate income tax rate in the western United States with the exception of California," said Rep. Kirk Adams, R-Mesa.

The legislation, which could cut state revenues by $40 million, may have a hard time being enacted.

The Republican legislative plan places a higher priority on two other tax-cutting measures: accelerating the reduction in business property taxes and making permanent a three-year suspension of a property tax that was levied for education.

Without dissent, the Senate agreed Monday to give legal status to the icons used in pedestrian crossing signals.

Many communities use a symbol of a person walking to tell people it is safe to cross, with a raised hand to tell them not to leave the curb.

But some judges have thrown out tickets issued to pedestrians because nothing in law recognizes those symbols as official.

SB 1076, which now goes to the House, would remedy that gap.