Arizona Sportsmen’s Legislative Update

by Ben Alteneder

 legislative tu logoawflogoArizona Sportsmen’s Legislative Update

Notes:

  • SB 1243 Mexican wolf; G&F approval; reporting will have two hearings on Monday in Senate Water & Energy (2pm) and Senate Natural Resources (9am).
  • Confirmation Hearing Senate Nat Res 2/01/16 at 9:00 AM, Senate Rm. 109:  Hayes Gilstrap to the AGFC Appointment Recommendation Board.
  • Confirmation Hearing Senate Nat Res  2/01/16 at 9:00 AM, Senate Rm. 109:  James H. Unmacht, Stephen Clark and Sarahmarge Crigler to Livestock Loss Board

 

Today’s Highlighted Bills

SB 1361: G&F heritage fund; expenditures

Summary: At least 20 percent, decreased from 40 percent, of monies in the Game and Fish Commission Heritage Fund that are available for property with sensitive habitat must be spent to acquire property to acquire property with sensitive habitat used by endangered, threatened and candidate species. Not more than 20 percent of those monies may be spent on the operation and maintenance of the acquired property, including infrastructure.

Sponsor: Sen. Griffin

Disposition: 1/28        referred to Senate nat res, appro.

 

SB 1432: private property; acquisition; United States

Summary: Specifies that the requirement for a joint resolution adopted by the Legislature and signed by the Governor to consent to the acquisition of privately owned real property in Arizona by the United States is “to preserve the private property tax base.”

Sponsor: Sen. Griffin

Disposition: Not Yet Assigned

 

SB 1433: private lands; use; enjoyment

Summary: The reclassification of trust lands as suitable for conservation purposes is prohibited from limiting “use or enjoyment of” private lands.

Sponsor: Sen. Griffin

Disposition: Not Yet Assigned

 

Bills of Interest

HB 2024: sovereign authority; federal actions

Summary: The state of Arizona and all political subdivisions are prohibited from using any personnel or financial resources to enforce, administer or cooperate with an executive order issued by the President of the U.S., a policy directive issued by an agency of the U.S., or an opinion of the U.S. Supreme Court that is not in pursuance of the U.S. Constitution and that has not been affirmed by a vote of the U.S. Congress and signed into law as prescribed by the U.S. Constitution.

Sponsor: Rep. Finchem

Disposition: 1/11        referred to House fed-state

 

HB 2038: G&F; law enforcement; omnibus

Summary: Various changes relating to game and fish regulations. Requires stand-up paddleboards to carry one U.S. Coast Guard approved personal flotation device for each person on board. The fines for unlawfully taking, wounding or killing specified animals are applied to any person convicted of unlawfully feeding wildlife that results in the lethal removal of that wildlife. Monies in the Wildlife Theft Prevention Fund may be used for investigations of fraud related to licenses, permits, tags or stamps.

Sponsor: Rep. Borrelli

Disposition: 1/11         referred to House mil-pub

HB 2073: unmanned aircraft systems; unlawful use

Summary: It is an unspecified class of felony (blank in original) for a person to operate or use an “unmanned aircraft system” (defined) to intentionally photograph, electronically record, collect information, conduct surveillance or gather evidence on a “critical facility” (defined) without the prior written consent of the facility owner or operator, or on a person or the person’s property without the prior written consent of the person. Some exceptions.

Sponsor: Rep. Borrelli

Disposition: 1/19 referred to House jud.

HB 2176: ivory; rhinoceros horn; sales; prohibition

Summary: A person is prohibited from importing, selling, purchasing, bartering or possessing with intent to sell any ivory, ivory product, rhinoceros horn or rhinoceros horn product unless the person receives a permit from the Game and Fish Commission to do so for educational or scientific purposes. Some exceptions. A first violation is punishable by a civil penalty of at least $1,000 or an amount equal to two times the total value of the products involved in the offense, whichever is greater. A second or subsequent violation is punishable by a civil penalty of at least $5,000 or an amount equal to two times the total value of the products involved in the offense, whichever is greater.

Sponsor: Rep. Andrade

Disposition: 1/25 referred to House commerce

HB 2220: firearms; state preemption; independent contractors

Summary: Statute establishing state preemption over local jurisdiction firearms regulations no longer specifically allows a political subdivision to enact or enforce an ordinance or rule regulating independent contractors of the political subdivision who are acting within the course and scope of their employment or contract.

Sponsor: Rep. Kern

Disposition: 1/21 referred to House jud.

HB 2224: private firearm transactions; prohibited encumbrances

Summary: The transfer of a firearm between two private parties who are otherwise allowed to possess a firearm under federal law is not subject to any additional fee, tax, assessment, lien or other encumbrance by the state or any political subdivision.

Sponsor: Rep. Lawrence

Disposition: 1/27 from House jud with amend #4019

HB 2305: G&F; assessments; law enforcement; omnibus

Summary: Various changes relating to game and fish regulations. Requires stand-up paddleboards to carry one U.S. Coast Guard approved personal flotation device for each person on board. The fines for unlawfully taking, wounding or killing specified animals are applied to any person convicted of unlawfully feeding wildlife that results in the lethal removal of that wildlife. Monies in the Wildlife Theft Prevention Fund may be used for investigations of fraud related to licenses, permits, tags or stamps.

Sponsor: Rep. Cobb

Disposition: Not yet assigned

 

HB 2324: G&F; military spouses; resident licenses

Summary: The spouse of a member of the U.S. Armed Forces who is on active duty and stationed in Arizona is allowed to purchase a resident license permitting the taking of wildlife.

Sponsor: Rep. Pratt

Disposition: 1/28        from House mil-pub do pass.

 

HB 2338: educational institutions; firearms; rights of way

Summary: The governing board of an educational institution is prohibited from adopting or enforcing any policy or rule that prohibits a person from lawfully possessing or carrying in the person’s means of transportation a concealed weapon on a public right-of-way.

ARS Titles Affected: 13

Sponsor: Rep. Townsend

Disposition: 1/25        referred to House jud.

 

HB 2340: wild horses; management prohibition

Summary: The Salt River wild horse herd is property of the state of Arizona under the jurisdiction of the Animal Services Division of the Department of Agriculture. A person is prohibited from actively managing, taking, slaughtering or euthanizing a horse that is part of the herd without written authorization from the Division. The state is not obligated to pay for the management of the herd. Violations are a class 1 misdemeanor. Emergency clause.

Sponsor: Rep. Townsend

Disposition: 1/25        referred to House fed-state

 

HB 2465: G&F; in-lieu fee; trust fund

Summary: Establishes the Game and Fish In-Lieu Fee Program Restoration Endowment Trust Fund to be used to fulfill the Game and Fish Department’s obligations as an in-lieu fee sponsor under the federal Clean Water Act. The Fund consists of monies deposited from proceeds received by the Dept as an in-lieu fee sponsor. Monies in the Fund are continuously appropriated. The beneficiaries of the trust are the in-lieu fee projects sponsored by the Dept under the Clean Water Act.

First sponsor: Rep. Brophy McGee

Disposition: 1/25        referred to House energy-env.

 

HB 2494 tax credit; concealed weapon permits

Summary: For tax years beginning with 2016, an individual income tax credit is established for the costs incurred during the tax year for training courses or classes taken by the taxpayer or the spouse or dependent of the taxpayer for the purposes of applying and qualifying for a concealed weapons permit. The maximum tax credit is $80 and any unused amount of the credit may be carried forward for up to five consecutive tax years. The credit is not allowed for a person who fails to qualify for or who is denied a concealed weapons permit. Retroactive to January 1, 2016.

Sponsor: Rep. Montenegro

Disposition: 1/25        referred to House ways-means.

 

HB 2524 uniform firearms transfer compact

Summary: The state of Arizona adopts and agrees to be bound by a uniform firearms transfer compact, which prohibits member states from enacting or enforcing any law, regulation or policy that would “impose any fee, tax, penalty, mandate or regulation governing, punishing, restricting, conditioning or otherwise burdening in any respect or at any time the transfer of firearms by any person” in addition to then-existing federal law. Some exceptions. Any law, regulation or policy existing on the effective date of this compact which is in conflict with this prohibition is repealed and held for naught to the extent of the conflict. Provides for construction, enforcement, withdrawal from and severability of the compact.

Sponsor: Rep. Thorpe

Disposition: 1/25        referred to House ways-means.

 

HCR 2007: firearm sales; transfers; background checks

Summary: The 2016 general election ballot is to carry the question of whether to amend state statute to require parties to a prospective firearms sale or transfer to complete the transaction through a licensed firearms dealer if neither party is a licensed firearms dealer. Some exceptions. The dealer must process the sale or transfer and comply with all requirements of federal, state and local law as if the dealer were a party to the transaction, including a background check on both parties. If the dealer cannot legally deliver the weapon to the purchaser, the dealer must return the weapon to the seller. If the dealer cannot legally return the weapon to the seller, the dealer must deliver the weapon to law enforcement. The dealer may charge a fee of up to $20 for the costs incurred in facilitating the sale or transfer. Violations are a class 5 (second-lowest) felony.

Sponsor: Rep. Friese

Disposition: Not yet assigned

 

SB 1013: lottery; funding; LTAF; restoration

Summary: Establishes the Local Transportation Assistance Fund (LTAF) and requires the Legislature to appropriate an amount necessary to provide that the total monies available in LTAF for each fiscal year (FY) equal $20.5 million. The State Treasurer is required to pay municipalities a maximum of $23 million each FY from the available monies in LTAF in proportion to the population of each municipality, except that each municipality is entitled to receive at least $10,000. The State Treasurer is also required to distribute up to $18 million each FY to counties. Establishes the County Assistance Fund and specifies distributions from the Fund. Establishes the State Parks Board Heritage Fund, and requires the Heritage Fund to be administered by the State Parks Board for specified purposes. State Lottery Fund (SLF) monies must be used to reimburse the general fund for payment to LTAF of $18 million each FY. Of the monies remaining in the SLF, up to a maximum of $23 million each FY must be deposited in the general fund to be used to offset reimbursements to LTAF and up to a maximum of $7.65 million each FY must be deposited in the general fund to be used to offset reimbursements to the County Assistance Fund. Of the monies remaining in SLF, $10 million must be deposited in the Heritage Fund. Monies equivalent to the amount of SLF monies specified must be transferred from the general fund to the other funds specified at the beginning of each FY. More.

Sponsor: Sen. Farley

Disposition: 1/11        referred to Senate trans, appro.

 

SB 1164: G&F; licenses; veterans

Summary: The Game and Fish Department is required to award a bonus point to a person who submits satisfactory proof to the Department that the person is an honorably discharged veteran of the U.S. Armed Forces.

Sponsor: Sen. McGuire

Disposition: 1/20        referred to Senate nat res, pub-mil-tech.

 

SB 1189: department of forestry

Summary: Establishes the Arizona Department of Forestry and Fire Management to provide resources for land management and the prevention and suppression of wildland fires on state land and private property located outside of municipalities. The State Forester is responsible for the direction, operation and control of the Dept, and the powers and duties of the State Forester are expanded to reflect those responsibilities. The Dept terminates on July 1, 2024.

Sponsor: Sen. Griffin

Disposition: 1/26        from Senate water-energy with amend #4008

 

SB 1243: Mexican wolf; G&F approval; reporting

Summary: Before a Mexican gray wolf is released, translocated or cross-fostered in Arizona, the Game and Fish Commission is required to approve the release, translocation or cross-fostering. The Commission is prohibited from approving these actions within three miles of state trust land or without a full DNA profile on each Mexican gray wolf. The Game and Fish Department is required to report to the Commission at every Commission meeting a list of specified information relating to Mexican gray wolves.

Sponsor: Sen. Griffin

Disposition: Hearing: Senate Water & Energy (Monday 02/01/16 at 2:00 PM, Senate Rm. 3) Hearing: Senate Natural Resources (Monday 02/01/16 at 9:00 AM, Senate Rm. 109)

 

SB 1266: firearms; state preemption; penalties

Summary: Any ordinance, regulation, tax or rule that violates statute limiting political subdivisions regulating firearms is invalid and subject to a permanent injunction against the political subdivision from enforcing the ordinance, regulation, tax or rule. If a court determines the violation was knowing and willful, the court is permitted to assess a civil penalty of up to $50,000 against the political subdivision. If a court determines a person in their official capacity has knowingly and willfully violated these requirements, the person may be subject to termination from employment to the extent allowable under state law. A person or organization whose membership was adversely affected by an act is permitted to file a civil action for declaratory and injunctive relief and actual damages against the political subdivision in any court having jurisdiction over any defendant. The court is required to award the prevailing plaintiff in any civil action reasonable attorney fees and the actual damages incurred, up to $100,000.

Sponsor: Sen. Smith

Disposition: Hearing: Senate Government (Wednesday 02/03/16 at 2:00 PM, Senate Rm. 3) Hearing: Senate Public Safety, Military & Technology (Wednesday 02/03/16 at 9:00 AM, Senate Rm. 1)

 

SB 1295: DUI; watercraft; medical practitioner; authorization

Summary: A person using a drug prescribed by a licensed medical practitioner “who is authorized to prescribe the drug,” instead of who is licensed under specified chapters of statute, is not guilty of violating the prohibition on operating a motorized watercraft or vehicle while there is any drug or its metabolite in the person’s body.$100,000.

Sponsor: Sen. Dial

Disposition: Hearing: Senate Judiciary (Thursday 02/04/16 at 9:30 AM, Senate Rm. 109)

 

SB 1344: agriculture omnibus

Summary: Various changes to statutes relating to the Department of Agriculture. The service charge that livestock officers and inspectors collect form the person in charge of cattle or sheep inspected is an amount established by the Dept, instead of $3, and the Legislature intends that the service charge not exceed $25. County boards of supervisors are authorized to control and destroy reintroduced predatory wildlife in specified circumstances. The Dept is authorized to enter into agreements with public universities to implement an “Arizona Livestock Incident Response Team (ALIRT) Agreement” (defined). The Dept is required to annually distribute $50,000 from the Commercial Feed Trust Fund to execute the ALIRT Agreement.

Sponsor: Sen. Pierce

Disposition: 1/27        referred to Senate nat res.

 

SB 1361: G&F heritage fund; expenditures

Summary: At least 20 percent, decreased from 40 percent, of monies in the Game and Fish Commission Heritage Fund that are available for property with sensitive habitat must be spent to acquire property to acquire property with sensitive habitat used by endangered, threatened and candidate species. Not more than 20 percent of those monies may be spent on the operation and maintenance of the acquired property, including infrastructure.

Sponsor: Sen. Griffin

Disposition: 1/28        referred to Senate nat res, appro.

 

SB 1368: salt river wild horse plates

Summary: The Department of Transportation is authorized to issue Salt River wild horse special license plates if a person pays $32,000 in start-up costs by December 31, 2016. Of the $25 annual fee, $8 is an administrative fee and $17 is a donation to the newly established Salt River Wild Horse Special Plate Fund. Monies in the Fund are to be distributed to a nonprofit entity meeting specified requirements, including having documented Salt River wild horses for at least 19 years.

Sponsor: Sen. McGuire

Disposition: 1/28        referred to Senate trans.

 

SB 1432: private property; acquisition; United States

Summary: Specifies that the requirement for a joint resolution adopted by the Legislature and signed by the Governor to consent to the acquisition of privately owned real property in Arizona by the United States is “to preserve the private property tax base.”

Sponsor: Sen. Griffin

Disposition: Not Yet Assigned

 

SB 1433: private lands; use; enjoyment

Summary: The reclassification of trust lands as suitable for conservation purposes is prohibited from limiting “use or enjoyment of” private lands.

Sponsor: Sen. Griffin

Disposition: Not Yet Assigned