End of Legislative Session Report

End of Session Legislative Report
48th Legislature – 2nd Regular Session

Session Overview

The second regular session of the 48th Legislature adjourned sine die on June 27th, 2008. The Legislature approved 347 of the 1380 bills introduced.  Legislation will become effective on the general effective date of September 26th, 2008– unless otherwise specified within the language of the bill.

Budget negotiations prolonged the adjournment of the session.  Initially, Republican and Democratic Leaders had been meeting behind closed doors with Governor Napolitano to negotiate a FY2008 and FY2009 state budget.  These negotiations proved fruitless as there was disagreement with the House Republican caucus, which resulted in separate negotiations between the two chambers.  Issues central to the debate included budget cuts and fund sweeps, bonding for school construction and a delay in K-12 school payment, use of the Raining-day fund, health and welfare issues as well as tax cuts.

The legislature adjourned after narrowly approving a $9.9 billion budget.  The budget approved by lawmakers includes roughly $360 million in agency reductions.  $340 million in dedicated fund sweeps and nearly $590 million in borrowing for K-12 school construction.  Another $330 million will be removed from the 2009 books by pushing the state’s final education payment for fiscal year 2009 into the next budget year.

Other notable provisions to the approved budget include: installing up to 100 photo-enforcement cameras statewide, with a significant amount of the $165 citation reverting back to the state general fund; the transfer of $106 million from the Highway User Revenue Fund to pay for the state Highway Patrol; an $85 million withdrawal from the states Rainy-day fund; a $66 million reduction in building maintenance expenses; a reduction in the construction of new schools, a savings estimated to range between $141 million and $187 million; and $1 billion in borrowing for Arizona universities.

Please note the final number on the DPS officer pay was an increase of $1,274,100 from the General Fund.  In addition, there was a back of the bill adjustment for retirement increases for employers, so the employees should be fine there.  However, there was a not health insurance adjustment, so the agencies (and possibly the employee) will have to cover any increased cost for the program.
LEGISLATION

At the completion of the 2nd Regular Session of the 48th Legislature, the following list contains legislation with potential to impact the Arizona Highway Patrol Association, which was approved by both the Senate and House chambers and passed on to receive positive action from the Governor.

H2046: SPECIAL LICENSE PLATES; ARIZONA HIGHWAYS

The list of special vehicle license plates is expanded to include an “Arizona Highways” plate and an “In God We Trust” plate. The former shall be designed by the Dept of Motor Vehicles. Of the $25 annual cost, $8 is an administration fee and $17 is deposited in the Arizona Highways Magazine Fund already in statute (ARS 28-7315). The “In God We Trust” plate will be designed by the organization that submits the $32,000 starter fee required. The entire $25 will be deposited in the state Highway Fund.

First sponsor: Rep. McClure

Signed on 4/28. Chap. 93, Laws 2008.
H2058: RETIREMENT; PSPRS; LOCAL BOARDS; PROCEDURES

Unless all parties to a dispute before a local board of the Public Safety Personnel Retirement System agree, the board shall commence a hearing on the dispute within 90 days after it is presented to the board; otherwise, the relief demanded by the petitioning party is deemed granted, subject to a timely request for a rehearing or appeal.  A claim or dispute presented prior to a local board’s adoption of rules of procedure shall be adjudicated under the Model Uniform Rules of Local Board Procedure issued by the fund manager’s fiduciary counsel. Legal counsel employed by the local board owes its duty of loyalty only to the board and not to the employer or any employee organization.

First sponsor: Rep. McClure

Signed on 4/22. Chap. 59, Laws 2008.
H2059: RETIREMENT; PSPRS; HEALTH INSURANCE SUBSIDY

Repeals sections of enactments in 2004 and 2007 relating to the temporary health insurance subsidy program for retired members of the Public Safety Personnel Retirement System who reside in medical “non-service areas” (defined elsewhere). The effect of this act is to expand the program to include those who live outside the state as long as the retired member’s former employer administers the subsidy payments and verifies that the subsidy is used by the member to pay for health insurance. This act also removes a $25 per month cap on the subsidy amount that would have gone into effect on July 1, 2008.  Effective May 23, 2008.

First sponsor: Rep. McClure

Signed on 5/23. Chap. 233, Laws 2008.
H2061: RETIREMENT; ASRS; GLOBAL SECURITY RISK REPORT

The annual report from the Arizona State Retirement System regarding the global security risk assessment of its investments must be submitted to legislative committees “responsible for retirement issues.” Formerly, the report was to be submitted specifically to the [Senate] government committee and the [House] Ways & Means Committee.

First sponsor: Rep. McClure

Signed on 4/29. Chap. 133, Laws 2008.
H2088: MOTOR CARRIER SAFETY; VEHICLE EQUIPMENT

Several changes to statutes governing safety equipment on trucks and buses, including a requirement that vehicles exceeding 30 feet in length must have a third reflector and a third side marker light mounted at the midpoint between front and rear reflectors, two stoplights are required for buses, trucks and truck tractors, and two red flags or lanterns (formerly only one) are required to be displayed at the rear of a load that extends four or more feet from the back of the bed or body of the vehicle. Also, repeals state laws regarding the maximum number of consecutive hours a driver of a commercial vehicle may be on duty.

First sponsor: Rep. Biggs
Signed on 5/1. Chap. 142, Laws 2008.
H2116: RETIREMENT; CORP; JOINDER AGREEMENTS

Dispatchers who are designated to participate in the Corrections Officer Retirement Plan shall have all qualified credited service from any other state defined benefit retirement plan transferred to CORP as of the joinder date. The amount of time within which a state defined benefit plan must transfer assets to CORP is increased to 90 days from 60 days.

First sponsor: Rep. McClure

Signed on 5/27. Chap. 242, Laws 2008.
H2117: RETIREMENT; CORP; DISABILITY ELIGIBILITY (RETIREMENT; CORP; DISABILITY RETIREMENTS)

Members of the Corrections Officers Retirement Plan (except full-time dispatchers) must contribute 8.41% of their salary to the plan until the fiscal year following a determination the plan is 100% funded, at which time the member contribution rate falls to 7.96%.

First sponsor: Rep. McClure

Signed on 5/23. Chap. 234, Laws 2008.
H2120: RETIREMENT; CORP; DPS DETENTION OFFICERS

Permits detention officers employed by the Dept of Public Safety to join the Corrections Officers’ Retirement Plan as long as the director of the dept enters into a joinder agreement with CORP in accordance with the provisions of the plan. The Dept of Public Safety shall have a local board to administer the plan for its employees. Effective on July 1 of the fiscal year following a determination that CORP is 100% funded.

First sponsor: Rep. McClure

Signed on 5/1. Chap. 144, Laws 2008.
H2169: VEHICLE TITLE; REGISTRATION; ELECTRONIC SIGNATURES

By Jan 1, 2009, the Dept of Motor Vehicles must establish a schedule to implement a pilot program to accept digital signatures on documents and applications pertaining to vehicle licensing and registration. Third parties and financial institutions of various sizes are encouraged to participate. The DMV may require that program participants reimburse the state for costs incurred in developing the program; reimbursement monies shall be deposited in the state highway fund. After the pilot program has been operational for 12 months, the program may be expanded. Additionally, the DMV is authorized to establish a system whereby persons may electronically apply for a dismantle certificate of title (used when a vehicle is sold for scrap).

First sponsor: Rep. Robson

Signed on 5/12. Chap. 177, Laws 2008.
H2466: CRITICAL INFRASTRUCTURE INFO; DISCLOSURE

Critical infrastructure information provided to local governments is exempt from public disclosure. Previously, only information provided to DPS was exempt.

First sponsor: Rep. Nelson

Signed on 4/22. Chap. 68, Laws 2008.
H2478: REDACTION ORDERS; EXPIRATION; NOTICE; FUNDS

The Department of Motor Vehicles, county recorders, county treasurers and county assessors must notify either the person or the employing agency of the person whose identifying information has been redacted on records available to the public six months before the redaction order is due to expire. If notice is sent to the employing agency, it must immediately notify the person of the pending expiration date. [Note: the list of persons who may request that certain identifying information be redacted from records maintained by these government agencies includes: peace officers, public defenders, prosecutors, corrections/detention officers, and associated support staff.] Also, the list of permitted uses of the Anti-Racketeering Revolving Fund (administered by the attorney general) is expanded to include paying relocation expenses of a law enforcement officer and family if the officer has received threats directly related to law enforcement work.

First sponsor: Rep. Adams

Signed on 4/28. Chap. 113, Laws 2008.
H2486: WEAPONS; PROHIBITED POSSESSORS; ILLEGAL ALIENS

Language prohibiting illegal immigrants from possessing firearms is rewritten to specify that a “prohibited possessor” is an undocumented alien or non-immigrant alien. Exceptions are provided for persons with valid hunting licenses, those involved in competitive shooting events or trade shows, certain diplomats and officials of foreign governments and those with a waiver issued by the US attorney general.

First sponsor: Rep. Jim Weiers

Signed on 3/21. Chap. 3, Laws 2008.
H2623: CONSTABLES; PEACE OFFICERS STATUS

The list of persons who may exercise the authority or perform the duties of a peace officer without being certified by the Peace Officer Standards and Training Board is expanded to include duly elected or appointed constables while in performance of their official duties. The definition of “peace officer” is expanded to include a constable.

First sponsor: Rep. Pearce

Signed on 5/1. Chap. 150, Laws 2008.
H2634: CONCEALED WEAPONS PERMIT; FELONY CONVICTIONS

A person who has been convicted of a felony but has had the conviction expunged, set aside or vacated or has had his/her rights restored and who is not currently a prohibited possessor under state or federal law may be issued a concealed weapons permit by the Department of Public Safety.

First sponsor: Rep. Murphy

Signed on 6/12. Chap. 269, Laws 2008.
S1056: LAW ENFORCEMENT MERIT SYSTEM; CONTINUATION

The statutory life of the Law Enforcement Merit System Council is extended seven years to July 1, 2015. A purpose section states the council adopts and enforces merit principles of public employment for the Dept of Public Safety. Retroactive to July 1, 2008.

First sponsor: Sen. Chuck Gray

Signed on 4/4. Chap. 10, Laws 2008.
S1057: LAW ENFORCEMENT OFFICER; DEFINITION; REPRESENTATION

Probationary employees working in corrections, detention, surveillance or probation are excluded from the list of law enforcement officers protected under statutes pertaining to right of representation, right to review evidence, etc at disciplinary hearings.

First sponsor: Sen. Chuck Gray

Signed on 4/16. Chap. 40, Laws 2008.
S1070: CONCEALED WEAPONS PERMIT; QUALIFICATIONS; INSTRUCTORS

Qualifications for instructors of firearms safety courses (completion of which is required for a person to be issued a concealed weapons permit) are expanded to include a requirement that the person be either DPS-certified or possess a current NRA instructor certificate in pistol and personal protection.  Requirements for concealed weapons permit applicants are modified to require “adequate documentation” (defined) that an approved training program was satisfactorily completed.

First sponsor: Sen. Chuck Gray

Signed on 6/10. Chap. 263, Laws 2008.
S1332: DNA TESTING; ARREST

Clarifies that a person charged with a specified felony or misdemeanor (sex crimes, first and second degree burglary and certain serious crimes) and who is summoned to appear in court must submit to DNA testing only under certain circumstances. Apparent purpose is to eliminate occasions when a defendant may be required to submit to DNA testing multiple times during procedures related to the same offense or arrest.  Also establishes the requirement for DNA testing for juveniles arrested for specified crimes.

First sponsor: Sen. Chuck Gray

Signed on 6/19. Chap. 276, Laws 2008.
S1151 (Chapter 125) PSPRS; INVESTMENTS; MANAGEMENT (MARRIAGE; DISSOLUTION; COMMUNITY PROPERTY)

The fund manager of the Public Safety Personnel Retirement System may appoint investment management (which must meet specified minimum requirements) and is authorized to commingle the assets of the other funds entrusted to its care (the Correction Officer Retirement Plan and the Elected Officials Retirement Plan).   Effective April 29, 2008. AS SIGNED BY GOVERNOR.

ARS Titles Affected: 38

First sponsor: Sen. Linda Gray

Signed on 4/29. Chap. 125, Laws 2008.
S1339: LAW ENFORCEMENT; PROBATION; OFFICERS; INVESTIGATIONS

An employer may require a law enforcement officer or probation officer to submit to a polygraph examination to reconcile a material difference between a statement the officer makes to the employer during an investigation against the officer and other evidence obtained by the employer and if reconciling that difference is necessary to complete the investigation. Places the burden of proof in an appeal of a disciplinary action by a law enforcement officer or probation officer on the employer.  In cases before the office of administrative hearings, or where the employer is a county with a population of at least 250,000 or a municipality with a population of at least 65,000, a request for a change of hearing officer or administrative law judge shall be granted on the first request of the party.   All other requests may be granted only on a showing that a fair and impartial hearing cannot be obtained due to the prejudice of the assigned hearing officer or administrative law judge.  A suspension for more than 24 hours (formerly, 40 hours) is deemed to be a “disciplinary action” for purposes of this act.

First sponsor: Sen. Linda Gray

Signed on 5/12. Chap. 193, Laws 2008.
S1407: RETIREMENT; ASRS; OMNIBUS (TECH CORRECTION; PSPRS; DEFERRED RETIREMENT)

Modifies the method for determining “current annual compensation” for the purpose of purchasing credited service. Exempts the retirement plan from statutory procedures pertaining to abandoned property and establishes alternate procedures for defining and dealing with unclaimed monies in the ASRS Trust Fund and Long-term Disability Trust Fund. Also makes various changes to provisions governing transfers from one retirement system or plan to another. Appropriates $137,607 from the ASRS administration account in FY 2008-09 to the ASRS for implementation.  Effective June 10, 2008.

First sponsor: Sen. Verschoor

Signed on 6/10. Chap. 264, Laws 2008.
Budget Bill 2209
Sec. 14. DEPARTMENT OF PUBLIC SAFETY
FTE positions       2,114.8
Operating lump sum appropriation    191,253,100
GIITEM       31,799,700
Motor vehicle fuel      3,935,500
Sworn officer salary adjustments    1,274,100
__________
Total appropriation – department of public
safety        $228,262,400
Fund sources:
State general fund      59,121,500
Highway user revenue fund    84,949,500
State highway fund      41,050,500
Arizona highway patrol fund     21,620,000
Criminal justice enhancement fund    3,290,300
Safety enforcement and transportation
infrastructure fund      1,564,100
Crime laboratory assessment fund    5,844,600
Arizona deoxyribonucleic acid
identification system fund     3,623,200
Automated fingerprint identification
system fund      3,299,200
Motorcycle safety fund       205,000
Risk management fund     296,200
Parity compensation fund     3,398,300
Performance measures:
Per cent of scientific analysis cases over
30 calendar days old     3.0
Per cent of system reliability of the Arizona
automated fingerprint identification network  98
Clandestine labs dismantled     50

Budget Bill 2210
Sec. 36. Appropriation; fire suppression kits
A. Notwithstanding section 41-1723, paragraph 1, Arizona Revised Statutes, as added by this act, the sum of $500,000 is appropriated from the first monies received by the public safety equipment fund in fiscal year 2008-2009 to the Arizona criminal justice commission for distribution to state and local law enforcement and other governmental entities in this state for active or passive fire suppression kits for Ford Crown Victoria vehicles to aid in the prevention of fires resulting from rear end collisions. The commission shall distribute the monies on a first come, first served basis with a maximum of $1,000 per vehicle.
B. A person or entity that sells or offers to sell an active or passive fire suppression kit for use pursuant to this section shall comply with the testing requirements of section 44-1224, Arizona Revised Statutes.
C. The division of occupational safety and health within the industrial commission of Arizona shall monitor the installation of the fire suppression kits.
D. After distribution of the monies in subsection A of this section by the Arizona criminal justice commission, the department of public safety may use the remainder of the $3,000,000 appropriated pursuant to section 41-1723, paragraph 1, Arizona Revised Statutes, as added by this act, in fiscal year 2008-2009, for the purposes provided in that section.

41-1723. 1 Public safety equipment fund; distribution

THE PUBLIC SAFETY EQUIPMENT FUND IS ESTABLISHED CONSISTING OF MONIES DEPOSITED IN THE FUND PURSUANT TO SECTIONS 5-395.01, 5-396, 5-397, 28-1381, 28-1382, 28-1383, 28-8284, 28-8286, 28-8287 AND 28-8288. THE DEPARTMENT SHALL ADMINISTER THE FUND. MONIES IN THE FUND SHALL BE DISTRIBUTED AS FOLLOWS:

1. THE FIRST THREE MILLION DOLLARS RECEIVED EACH FISCAL YEAR AS A CONTINUING APPROPRIATION TO THE DEPARTMENT FOR PROTECTIVE ARMOR, ELECTRONIC STUN DEVICES AND OTHER SAFETY EQUIPMENT. MONIES APPROPRIATED PURSUANT TO THIS PARAGRAPH ARE EXEMPT FROM THE PROVISIONS OF SECTION 35-190 RELATING TO LAPSING OF APPROPRIATIONS.

2. ALL OTHER MONIES EACH FISCAL YEAR SHALL BE DEPOSITED IN THE STATE GENERAL FUND.
LEGISLATION

This list contains brief explanations of proposed legislation that had  the potential to impact the Arizona Highway Patrol Association, which did not obtain approval of both Chambers of the Legislature or was vetoed by the Governor.
H2012: DRIVER LICENSES; OUT-OF-STATE; ID PURPOSES

A driver’s license issued by a state that allows illegal immigrants to obtain drivers’ licenses may not be used as a primary source of identification by this state or its political subdivisions.

First sponsor: Rep. Nichols

Last Action: 2/18 from House homeland security and property rights do pass.

H2033: STATE EMPLOYEES; RIGHT TO REPRESENTATION

With limited exceptions, a state employee is entitled to have a representative present during an interview by an employer that may result in the employee being dismissed, demoted or suspended.  The representative shall participate as an observer only and shall not be an attorney unless requested by the employee.

First sponsor: Rep. Thrasher

Last Action: 1/14 referred to House judiciary.

H2034: STATE AGENCIES; EMPLOYEES; ORGANIZATIONAL RIGHTS

All state employees below a certain grade (formerly, only employees of the Department of Public Safety) may organize and join unions.

First sponsor: Rep. Thrasher

Last Action: 2/12 from House public safety and retirement do pass.

H2047: SEAT BELT LAW; PRIMARY ENFORCEMENT

Deletes language stating that a peace officer shall not stop a motorist for a suspected seat belt violation unless the officer has “reasonable cause” to believe another violation occurred. Effect is to allow law enforcement to make traffic stops based only on whether the officer feels vehicle occupants aren’t wearing seat belts.

First sponsor: Rep. McClure

Last Action: 1/14 referred to House transportation, natural resources-public safety.

H2054: RETIREMENT; ASRS; TRANSFERS (RETIREMENT; ASRS; LEVEL INCOME ALTERNATIVE)

Procedures are prescribed whereby a member of the Arizona State Retirement System may make an irrevocable election to transfer participation to another retirement plan of the state without terminating employment. Emergency clause.

First sponsor: Rep. McClure

Last Action: 3/24 referred to Senate financial institutions and retirement.

H2056: RETIREMENT; PSPRS; GLOBAL SECURITY RISK

The fund manager of the Public Safety Personnel Retirement System must submit an annual report of the fund to the senate finance committee on Jan. 10 (formerly, reports were to be filed twice annually).

First sponsor: Rep. McClure

Last Action: 3/25 from Senate rules okay.

H2060: RETIREMENT; ASRS; REQUIRED DISTRIBUTIONS; CORRECTION

Corrects a drafting error in Laws 2006, Chapter 157 (retirement; ASRS; federal conforming changes) pertaining to a reference to a section of the IRS code. No substantive change.

First sponsor: Rep. McClure

Last Action: 3/31 Senate financial institutions and retirement held.

H2062: RETIREMENT; ASRS; BENEFITS; NORMAL RETIREMENT

Various changes in statutes pertaining to the Arizona State Retirement System effective with persons hired after June 30, 2009. Among the changes: the calculation of the monthly average compensation is based on the highest 60 months within the 10 years preceding retirement  (previously, for persons hired after December 31, 1984, the calculation was based on the highest 36 months within the 10 years preceding retirement). Also, a person who terminates employment after five years other than by retirement or death may receive a maximum of 25% of the employer’s contributions regardless of the number of years of credited service. How many years of service.  Appropriates $1.3 million from the ASRS administration account in fiscal 2008-09 to the ASRS for the administrative implementation of this act.

First sponsor: Rep. McClure

Last Action: 3/27 FAILED to pass House 25-30.

H2082: STATE EMPLOYEE COMPENSATION; JOINT COMMITTEE

The annual report by the Dept of Administration to the Legislature must include an annual market analysis for salaries and make recommendations for state employee pay raises and for merit increases. A 19-member Joint Legislative Study Committee on State Employee Compensation is formed to make recommendations to the Dept of Administration.

First sponsor: Rep. Konopnicki

Last Action: 2/5 from House government with amendment #4055.

H2090: EXTREME DUI; VIOLATION

The section of Laws 2007, Chapter 195, that dealt with extreme DUI are repealed. New language in this bill does not seem to make any substantive changes in extreme DUI statutes (ARS 28-1382) that were valid before the 2007 law went into effect. [Note: lost from the 2007 bill are references to continuous alcohol monitoring and the elimination of some judicial discretion in sentencing.]

First sponsor: Rep. Biggs

Last Action: 1/31 from House transportation do pass.

H2095: EXTREME DUI; SENTENCE

The section of Laws 2007, Chapter 195, that dealt with extreme DUI are repealed.  [Note: lost from the 2007 bill are references to continuous alcohol monitoring and the elimination of some judicial discretion in sentencing.]

First sponsor: Rep. Biggs

Last Action: 2/21 referred to House transportation, commerce.

H2127: RETIREMENT; ASRS; LTD; UNCLAIMED MONIES; APPRO

Effective July 1, 2009, the Arizona State Retirement System trust fund and the Long-Term Disability trust fund are exempt from the Unclaimed Property Act under Title 44 and establishes separate procedures for dealing with unclaimed money in these funds. Appropriates $137,607 from the ASRS administration account in fiscal 2008-2009 to the ASRS for implementation.

First sponsor: Rep. McClure

Last Action: 3/31 referred to Senate financial institutions and retirment.

H2150: RETIREE ACCUMULATED SICK LEAVE

Payment due to state employees at retirement for unused accumulated sick leave may be in a lump sum. Previously, the benefit was paid in three annual installments. [Note: the bill does not specify who decides whether the employee is paid in installments or a lump sum.] The employee must be eligible for retirement benefits within 30 days after termination of employment.

First sponsor: Rep. Paton

Last Action: 6/26 House refused to concur in Senate amendments and named Paton, Adams and Pancrazi to a FREE Conference Committee. Senate named Harper, Blendu and Burton Cahill.

H2222: FIREARMS; MISCONDUCT; REAL PROPERTY

A person may carry a firearm without a permit while in or on a means of transportation at property owned, leased or rented by the person, including common areas. Also, a person may carry a firearm without a permit in a manner where any portion of the weapon or a holster in which the weapon is carried is visible (formerly, the exemption applied only for weapons in belt holsters if the holster was at least partially visible).

First sponsor: Rep. McClure

Last Action: 1/28 House homeland security and property rights held.

H2255: SCHOOL BUS INSPECTIONS; RULES

DPS is removed as the entity that must perform inspections of school buses. [Capitol Reports note: elsewhere in statute DOA is authorized to establish and DPS to enforce rules pertaining to the inspection of school buses with input from the DPS and the School Bus Advisory Council.]

First sponsor: Rep. Jerry Weiers

Last Action: 5/6 FAILED to pass Senate 14-14. Motion to reconsider failure to pass bill did not carry.

H2284: VEHICLE REGISTRATION; IDENTITY; RESIDENCE; EVIDENCE

A person or business applying for a certificate of title, permit, registration card or license plate (including a replacement) or is having ownership or legal status of a vehicle transferred to him/her shall provide evidence of his/her identity and current residence.  The Dept of Motor Vehicles shall retain an electronic copy of evidence submitted to prove a person’s identity and current residence as part of the vehicle record (with some exceptions) and shall not knowingly disclose the information to an unauthorized person.  Provides a list of documents authorized for use as proof of identity and current residence.

First sponsor: Rep. Tobin

Last Action: 6/27 referred to House rules only.

H2287: DPS; GOVERNOR’S HIGHWAY SAFETY OFFICE

Statutory authority for the Governor’s Office of Highway Safety is established in Title 41 (transportation) under the aegis of the Dept of Public Safety. [Note: previously, the office, although mentioned in statute, was not established in statute.] Additionally, the Traffic Safety Advisory Council is established to develop strategies for improving traffic safety, increasing use of passenger restraints and establishing a matrix of quantifiable measures of the state’s progress in reducing serious traffic injuries. The new council assumes the duties of the Motorcycle Safety Advisory Council.

First sponsor: Rep. Schapira

Last Action: 1/22 referred to House natural resources and public safety, transportation.

H2313: JUVENILES; INTERROGATIONS; RECORDINGS

Statements made by a juvenile during an interrogation conducted while the juvenile is in the custody of law enforcement must be electronically recorded, except statements specifically exempted in the bill.  Recordings cannot be destroyed or altered until final disposition of the juvenile’s case.

First sponsor: Rep. Sinema

Last Action: 1/22 referred to House judiciary.

H2314: DRIVING ON HIGHWAYS; SPEED LIMITS

The presumed speed limit on highways outside urban areas (defined as an area with more than 50,000 persons) is reduced to 60 mph from 65 mph, for commercial vehicles, vehicle combinations weighing more than 26,000 pounds, and vehicles pulling a pole trailer that weighs 6,000 or more pounds.

First sponsor: Rep. Sinema

Last Action: 1/22 referred to House transportation.

H2315: HOMICIDE INTERROGATIONS; RECORDINGS

Statements of a person accused of homicide made during an interrogation conducted while the accused is in custody must be electronically recorded, except statements specifically exempted in the bill. Recordings are confidential and must be preserved until a conviction is final and all appeals are exhausted.

First sponsor: Rep. Sinema

Last Action: 1/22 referred to House judiciary.

H2359: BORDER OFFICERS; STATE LAWS; ENFORCEMENT

In matters that had no financial impact to the county and without an express grant of permission from the board of supervisors, county sheriffs would have been authorized to enter into agreements with customs and border protection to facilitate inter-agency communication.  GOVERNOR’S VETO MESSAGE SAID: the bill “does nothing but affirm existing law” and is therefore unnecessary. .

First sponsor: Rep. Paton

Last Action: 4/29 VETOED.

H2389: FIREARMS; DEATH PENALTY; SEX WITH MINOR (MISCONDUCT INVOLVING WEAPONS; MEANS; TRANSPORTATION)

This bill would have permitted a person who does not hold a concealed carry permit to carry a weapon in a manner in which only a portion of the weapon or holster is visible. It would have removed from the list of prohibited possessors of firearms persons who had been convicted of a felony if the conviction had been expunged, vacated or if the person’s civil rights had been restored. It would have imposed a minimum one-year jail term for persons convicted of sexual conduct with a minor in cases where the court ordered a term of probation rather than incarceration in prison. If the state had filed a notice of intent to seek the death penalty and the defendant was convicted of first degree murder, the defendant would have had to be   sentenced to death or natural life (life without possibility of parole).Currently, such a defendant could be sentenced to life and be eligible for parole after 25 years (35 years if the murdered person was under 15 years old).  Also, would have specifically permitted the state to use evidence regarding a defendant’s criminal record, character and propensities during the penalty phase of capital cases regardless of whether the defendant presented evidence of mitigation. Additionally, carrying a deadly weapon without a permit in or on a means of transportation (except public transit) would have been removed from the list of activities that constitute misconduct involving weapons. GOVERNOR’S VETO MESSAGE said: law enforcement requested that she veto the bill. It would have deprived police of the ability to confiscate concealed weapons from individuals who ignore concealed weapons laws while in transit.

First sponsor: Rep. Kavanagh

Last Action: 7/7 VETOED.

H2395: DUI; OUI (RETIREMENT; PSPRS; INVESTMENTS; MANAGEMENT)
*Please note, the original bill RETIREMENT; PSPRS; INVESTMENTS; MANAGEMENT turned into SB1151.*

Would have made numerous changes to statutes governing operating a watercraft while intoxicated (OUI) and driving while intoxicated (DUI), including increasing penalties for OUI, requiring persons whose licenses had been suspended to complete an alcohol or drug screening, education or treatment program before the license may be reinstated, and changing the period of required use of an ignition interlock device to 6 months from one year if the person successfully completed a drug or alcohol treatment or education program.  More.  GOVERNOR’S VETO MESSAGE SAID: it is premature to change the law regarding how long a person convicted of DUI should have an ignition interlock device installed on his/her vehicle. She said the one year period as established in legislation in 2007 has been in effect for less than a year, and no one can be certain of its effect on public safety.

First sponsor: Rep. Jim Weiers

Last Action: 4/29 VETOED.

H2405: CHILD PASSENGER BOOSTER SEATS

A child between 5 and 9 years old and who is under 4’9″ is required to be in a booster seat in a motor vehicle (1972 or newer) designed to carry 10 or fewer passengers and that is required to be equipped with seat belts.  A person who violates this statute is subject to a civil penalty of $50 unless that person proves the vehicle was subsequently equipped with a booster seat.

First sponsor: Rep. Farley

Last Action: 1/24 referred to House transportation.

H2411: MINOR PASSENGERS; VEHICLE CARGO SECTIONS

A person under 18 years old shall not ride in the cargo area of a motor vehicle unless there are no available seats, because all seats in the vehicle are occupied by minors or physically disabled persons (with exceptions for recreational vehicles, emergencies and agricultural workers).  A driver who violates this statute is subject to a civil penalty of $50.

First sponsor: Rep. Kavanagh

Last Action: 1/24 referred to House transportation, health.

H2415: CHILD RESTRAINTS; BOOSTER SEATS

A child between 5 and 9 years old is required to be in a booster seat in a motor vehicle (1972 or newer) designed to carry 10 or fewer passengers and that is required to be equipped with seat belts.  A person who violates this statute is subject to a civil penalty of $50 unless that person proves the vehicle was subsequently equipped with a booster seat.

First sponsor: Rep. Garcia

Last Action: 1/28 referred to House transportation.

H2429: MISCONDUCT INVOLVING WEAPONS; POLLING PLACES

The list of activities that constitute misconduct involving weapons is expanded to include remaining within 75 feet of the main outside entrance of an election polling place on the day of an election while carrying a deadly weapon (with exceptions).  Violation of this statute is a class 1 misdemeanor (highest).

First sponsor: Rep. Gallardo

Last Action: 1/28 referred to House judiciary.

H2430: PROHIBITED POSSESSORS; GUN STORAGE

It is unlawful for a person to store or keep a loaded firearm on his/her premises if the person knows or should know that a minor is likely to gain access to the firearm, unless the firearm is in a locked box or carried on or within reasonably close proximity to his/her person.  A person who fails to reasonably secure a firearm is strictly liable for damages caused as a result of a minor obtaining the firearm.  The definition of “prohibited possessor” in the criminal code is expanded accordingly.  A violation of this statute is a class 1 misdemeanor (highest), except: if the minor kills himself or another person, it is a class 3 felony (midlevel); and if the minor injures himself or another person, it is a class 4 felony (midlevel).

First sponsor: Rep. Gallardo

Last Action: 1/28 referred to House judiciary.

H2431: LOADED FIREARMS; STORAGE

It is a class 1 misdemeanor to keep a loaded firearm in any place where a minor is likely to get access to the firearm without parental permission, unless the firearm is in a securely locked container or is carried on the person.  If a person fails to secure a loaded firearm and a minor cause’s injury or death with the firearm, the person is strictly liable for damages and is guilty of a mid-range felony (class 4 for injury, class 3 for death).

First sponsor: Rep. Gallardo

Last Action: 1/28 referred to House judiciary.

H2447: SEAT BELT VIOLATIONS

The provision stating a peace officer cannot stop a vehicle and issue a citation for violating seat belt laws unless the officer has reasonable cause to believe there is another violation of motor vehicle law is deleted, making seat belt violations sufficient probable cause to make a stop.

First sponsor: Rep. Lopez

Last Action: 1/28 referred to House transportation, judiciary.

H2461: AZ RANGERS; LIMITED AUTHORITY STATUS

The Arizona Rangers are authorized to engage in patrol or investigative activities, and to assist with historical and patriotic services if they are under the supervision of law enforcement.  Rangers may direct traffic without the supervision of a peace officer.  Ranger vehicles are added to the list of vehicles that may have flashing lights.

First sponsor: Rep. Burns

Last Action: 1/29 referred to House natural resources and public safety.

H2464: WEAPONS; MISCONDUCT; APPLICATION

Community correctional officers and special investigators are added to the list of law enforcement personnel that may carry weapons without a permit and may carry weapons in public buildings, election polling places, and schools.

First sponsor: Rep. Burns

Last Action: 3/5 from House natural resources and public safety with amendment #4520.

H2492: LAW ENFORCEMENT MERIT SYSTEM; MEMBERSHIP

The Law Enforcement Merit System Council is expanded to five members from three.

First sponsor: Rep. McGuire

Last Action: 3/17 referred to Senate judiciary.

H2509: SCRAP METAL THEFT AUTHORITY

The Scrap Metal Theft Authority is established consisting of law enforcement representatives and public members.  The Authority is charged with determining the scope of the problem of scrap metal theft, analyzing the methods of combating the problem, and implementing a plan of operation.  Scrap metal sellers must pay a fee of $1 on each sale over $25 and an addition $1 fee on every $100 in sales, to be deposited in the newly established Scrap Metal Authority Fund.  The Fund will pay Authority expenses and be distributed to law enforcement and prosecution agencies for scrap metal theft prosecution.  Law enforcement officers are authorized to seize any scrap metal the officer reasonably suspects is stolen.  Because of the potential increase in state revenue, this bill requires a 2/3 vote in each house for passage (per Prop 108).

First sponsor: Rep. Konopnicki

Last Action: 1/28 referred to House natural resources and public safety.

H2534: DUI; HOMICIDE; SENTENCING

Causing an accident that causes the death of another person while driving under the influence of alcohol or drugs is classified as manslaughter. The minimum sentence for a person convicted of DUI with a blood alcohol concentration of 0.20 or more is at least 5 years more than the presumptive sentence, and the person is not eligible for suspension of sentence, commutation or release until the sentence in served.

First sponsor: Rep. Farnsworth

Last Action: 6/27 referred to House rules only.

H2536: FIREARMS; VEHICLES; EMPLOYER PARKING AREA

Employers cannot prohibit a person from transporting, possessing or storing a firearm in a closed and locked vehicle parked in the employer’s parking area, unless the parking area is restricted from public access or the vehicle is owned by the employer and used by an employee.  Employers are not liable in a civil action for damages resulting from the firearm unless the employer commits a criminal act involving the firearm.

First sponsor: Rep. Paton

Last Action: 2/21 referred to House homeland security and property rights.

H2603: PHOTO ENFORCEMENT; DRIVING RECORD; INSURANCE

If a person is found responsible for a civil traffic violation by means of a photo enforcement system, the violation may not be considered for the purpose of determining whether the person’s driver license should be suspended or revoked and an insurer may not consider it as a traffic violation against the person for the purposes of establishing motor vehicle liability insurance rates or insurability.

First sponsor: Rep. Mason

Last Action: 3/3 from House transportation with amendment #4426.

H2626: WEAPONS; PEACE OFFICERS; POSSE; RESERVES

This bill would have permitted a person who does not hold a concealed carry permit to carry a weapon if “any portion of the weapon” or holster was visible. Also would have permitted members of a county sheriff’s volunteer posse or reserve organization who have received firearms training approved by the Peace Officer Standards and Training Board to be authorized by the sheriff to carry a concealed deadly weapon without a permit.  A retired law enforcement officer who possesses a photo identification that states s/he is honorably retired from a law enforcement agency would have been permitted to carry a concealed weapon without a permit. The list of persons exempt from completing a firearms safety training program prior to obtaining a permit to carry a concealed weapon would have been expanded to include a person who was a full authority Arizona Peace Officer Standards and Training Board certified reserve peace officer. GOVERNOR’S VETO MESSAGE said: she objects to the idea that a concealed weapon is not legally considered to be concealed if any part of it is visible. “Common sense tells us that exposure of a small corner of a gun handle is insufficient to give reasonable notice … that a person is armed.”

First sponsor: Rep. Pearce

Last Action: 7/7 VETOED.

H2627: RETIRED PEACE OFFICERS; BACKGROUND INVESTIGATIONS

The Peace Officer Standards and Training Board shall not require a background investigation or polygraph examination for peace officer certification if a peace officer retires in good standing (defined) from a law enforcement agency in this state and is hired by another law enforcement agency in this state within 12 months after the officer’s date of retirement (does not prohibit a law enforcement agency from conducting a background investigation or polygraph examination).

First sponsor: Rep. Pearce

Last Action: 2/27 House natural resources and public safety held.

H2628: CARRYING FIREARMS; EXCEPTIONS

The definition of “prohibited possessor” in the criminal code is changed to “an undocumented or non-immigrant alien traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence” (with exceptions).  A prohibited possessor who is convicted of possessing a deadly or prohibited weapon is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except an authorized temporary release, release based on earned release credits or commutation, except that the person may be released to the U.S. Immigration and Customs Enforcement.  Regardless of any other law, a person with a concealed weapons permit shall not be prohibited from carrying a weapon except in jail; by order of a court when attending the court; when in a secured police facility; when consuming alcohol at a licensed liquor establishment operated by the state, county, municipality or other political subdivision of the state; pursuant to court order; or pursuant to any state or federal law that makes the person a prohibited possessor.

First sponsor: Rep. Pearce

Last Action: 2/14 House judiciary held.

H2629: JUSTIFICATION; DEFENSIVE DISPLAY OF FIREARM

A person would have been justified in the defensive display of a firearm (defined) against another when, and to the extent, a reasonable person believed that physical force was immediately necessary to protect the person against the other’s use or attempted use of unlawful or deadly physical force. Some exceptions. GOVERNOR’S VETO MESSAGE SAID: the bill was largely unnecessary in that current justification laws already allow a person to display, take hold of, expose and even discharge a firearm if a reasonable person under similar circumstances believes he is under threat of deadly of physical force. However, current law does not sanction a person taking hold of his firearm if his fear is based only on words of the provocateur. What this bill would change is that a person could inject firearms into what had been only a verbal dispute. The governor also said that Arizona’s law enforcement community opposes the bill, and the bill would put the public and law enforcement personnel at greater risk.

First sponsor: Rep. Pearce

Last Action: 5/27 VETOED message

H2630: CONCEALED WEAPONS; PETTY OFFENSE

Misconduct involving weapons that involves carrying a concealed deadly weapon without a permit (except a pocket knife) or carrying a deadly weapon without a permit concealed within immediate control of any person in or on a means of transportation would have been reduced in classification to a petty offense unless the violation occurred in the commission or attempted commission of a serious offense. Formerly, the offense was a class 1 (highest) misdemeanors.  If a person were to be convicted of a petty offense of misconduct involving a concealed deadly weapon (on one’s person or in or on a means of transportation), a court would have been prohibited from ordering the forfeiture of the weapon. GOVERNOR’S VETO MESSAGE SAID: she vetoed this bill at the request of Arizona law enforcement. She said gun owners who wish to carry a concealed weapon should comply with the state’s concealed weapons laws and obtain the required permit. She also said “maintaining our current level of penalties promotes the safety of our children and law enforcement officers.

First sponsor: Rep. Pearce

Last Action 4/29 VETOED.

H2662: PHOTO ENFORCEMENT; REGISTERED OWNER RESPONSIBILITY

Establishes statutory requirements and procedures for photo enforcement traffic violations, including joint and several liability for multiple owners of a vehicle involved in a photo enforcement violation and requiring complaints to contain specified information.

First sponsor: Rep. Paton

Last Action: 2/21 referred to House transportation, appropriations.

H2675: SAFETY ZONES; SPEEDING; CIVIL PENALTIES

The Dept of Transportation may establish safety zones on highways based on collision and fatality rates due to terrain, weather, volume, or “unlawful driving behaviors.”  Safety zone must be specially marked. A traffic violation committed within a safety zone carries an additional assessment equal to the normal amount of the civil penalty.

First sponsor: Rep. Lopez

Last Action: 2/4 referred to House transportation.

H2676: SEAT BELT VIOLATIONS; CIVIL PENALTIES

The maximum civil penalty for violating the requirement to wear seat belts while in a moving motor vehicle is increased to $60 from $10. Of the additional $50, $25 is deposited in the newly renamed Motorcycle Safety and Vehicle Restrain Education Fund (formerly, the Motorcycle Safety Fund), and $25 is deposited in the newly formed Emergency Room Services Fund. Monies in the ERSF are to be used for grants to hospital emergency rooms in medically underserved areas of the state.

First sponsor: Rep. Lopez

Last Action: 2/4 referred to House transportation, appropriations.

H2722: PHOTO ENFORCEMENT TRAFFIC COMPLAINTS

Adds statutes relating to photo enforcement traffic citations, including regulations regarding notice of a violation, photo matching, service and contracts between a local authority and a vendor. Monies collected by a local government in excess of the costs to administer the program must be forwarded to the state for deposit in Highway Patrol Fund. Unexpended photo enforcement money in the fund at the end of each fiscal year is transferred to the state general fund.  More.

First sponsor: Rep. Kavanagh

Last Action: 2/14 House transportation FAILED 2-6.

H2734: DISTRACTED DRIVING

A person commits distracted driving if the person operates a motor vehicle and commits a traffic violation while doing an activity that is not related to the operation of the motor vehicle, including using an electronic device other than a hands-free electronic device, reading, writing, consuming food or beverages, changing clothing or personal grooming.  A person who commits distracted driving shall pay a civil penalty of $75 and $150 for a second violation within 2 years.

First sponsor: Rep. Tobin

Last Action: 2/11 referred to House transportation.

H2788: FIREARMS; MISCONDUCT INVOLVING WEAPONS; VEHICLES

The list of exemptions to statutes defining the crime of carrying a concealed weapon in a vehicle without a permit is expanded to include weapons in a closed purse.

First sponsor: Rep. McGuire

Last Action: 3/31 referred to Senate judiciary.

H2807: IMMIGRATION; LOCAL ENFORCEMENT

Law enforcement officers would not have been prohibited from sending, receiving or maintaining information regarding the immigration status of persons in order to: determine eligibility for welfare or other government “benefit” programs verify legal residence or confirm identity of persons arrested. Local law enforcement agencies would have been required to implement a program to cross-train officers to address violations of federal immigration laws. GOVERNOR’S VETO MESSAGE SAID: this bill is an “unnecessary, unfunded mandate to law enforcement.” She said that nothing currently prohibits local law enforcement from entering into the agreements mandated by this bill. She also said the state general fund could be required to pay up to $100 million for mandated training at a time “we are facing significant budget shortfalls.”

First sponsor: Rep. Nelson

Last Action: 5/13 House FAILED to override governor’s veto 30-25.

H2824: DRIVER LICENSES; SUSPENSION

Authorizes a law enforcement officer to serve an order suspending a person’s driver license if the officer believes the person has a medical, psychological or physical condition that makes continued driving by the person a hazard to the person or to other people. The suspension is effective upon service of the notice. The officer shall issue a temporary driver permit valid for 15 days during which time the person may appeal the suspension.

First sponsor: Rep. McLain

Last Action: 2/21 referred to House transportation.

H2844: CRIMINAL STREET GANGS; ARREST

Peace officers may arrest a person, with or without a warrant, if there is probably cause to believe that criminal street gang activity occurred and the person committed the offense.  Peace officers must arrest a person, with or without a warrant, if criminal street gang activity occurred that involved infliction of physical injury or discharge or threatened discharge of a weapon or dangerous instrument. The arrested person must be taken into custody and booked.

First sponsor: Rep. Driggs

Last Action: 2/18 referred to House judiciary.

HCR2001: HIGHWAY USER REVENUE FUND USES

The 2008 general election ballot is to carry the question of whether to amend the constitution to expand the permitted use of highway user revenues to include any transportation project (formally only highway and street projects were permitted).

First sponsor: Rep. Chad Campbell

Last Action: 1/14 referred to House transportation, county-municipalities and military.

S1004: EXTREME DUI; JAIL

Parts of last year’s S1252 (Laws 2007, Chapter 195, sec 3) dealing with extreme DUI are repealed and replaced with language specifying that for a first offense DUI with a BAC of at least 0.15, a judge may order the defendant to not consume alcohol for a period of at least 30 days. For a second extreme DUI offense within 84 months, a judge may order a defendant to not consume alcohol for a period of 90 days. The court may extend the period of enforced abstinence from alcohol. In both instances, judicial discretion to suspend a portion of jail time associated with the offense is deleted. [Capitol Reports note: last year’s law permitted a sentence of 90-day enforced abstinence as a court-ordered option only for a first offense extreme DUI with BAC of 0.20 or more.]  Emergency clause.

First sponsor: Sen. Waring

Last Action 3/24 additionally referred to House transportation.

S1005: DUI; HOME DETENTION; INELIGIBILITY

A person convicted of a DUI offense involving motor vehicles or watercraft is ineligible for home detention. Provisions governing home detention programs authorized by municipalities and counties for persons convicted of DUI offenses are deleted.

First sponsor: Sen. Waring

Last Action: 1/14 referred to Senate public safety and human services.

S1007: DUI; AGGRAVATED; SENTENCES

A person who is convicted of an aggravated DUI for committing a DUI or extreme DUI while required to participate in the certified ignition interlock device program is not eligible for probation, pardon, commutation or suspension of sentence or release on any other basis until the person has served at least four months in prison.

First sponsor: Sen. Waring

Last Action: 1/14 referred to Senate public safety and human services.

S1008: DRIVERS LICENSE SUSPENSION; TRAFFIC ACCIDENTS

If a person who is involved in a motor vehicle accident that involves death or serious physical injury submits to a test of the person’s blood, breath, urine or other bodily substance for the purpose of determining alcohol concentration or drug content, a law enforcement officer shall forward a certified report to the Department of Motor Vehicles. If the results of the test are not immediately available or if they indicate that the person has a 0.08 or more alcohol concentration or 0.04 or more alcohol concentration if the person was operating a commercial vehicle, the officer shall serve an order of suspension on the person on behalf of the Department. The order of suspension shall be effective immediately and require the person to immediately surrender any license or permit to drive issued by this state. The department shall suspend the person’s license or permit to drive or right to apply for a license or permit or any nonresident operating privilege pending the results of any chemical test or for not less than 90 days if the results of the test indicate 0.08 or more alcohol concentration, 0.04 or more alcohol concentration if the person was operating a commercial vehicle or the presence of any drug defined in section 13-3401 or its metabolite.  If a nonresident’s privilege to operate a motor vehicle in this state has been suspended under this section, the Department shall give written information of the action taken to the motor vehicle administrator of the state of the person’s residence and of any state in which the person has a license.

First sponsor: Sen. Waring

Last Action: 2/26 Senate transportation FAILED 1-3.

S1033: DUI; COMMUNITY RESTITUTION; DRIVER LICENSE

A person whose driver license was revoked for a second DUI within 84 months and who was ordered to perform community restitution must provide proof from the court that community restitution was completed in order to receive a new driver license. If a person fails to complete restitution, the court may order alternative sanctions, and the person shall not be issued a new driver license until the person provides proof that the alternative sanctions have been completed.

First sponsor: Sen. Waring

Last Action: 3/24 additionally referred to House transportation.

S1041: TRANSPORTATION; HOV LANES; HYBRIDS

Hybrid vehicles may use the HOV lane at any time if the vehicle has at least 45% fuel efficiency in combined city-highway fuel economy based on information provided by the federal government. Previously, hybrid vehicles could use the HOV lane at any time if the federal government allowed it.

First sponsor: Sen. Harper

Last Action: 4/10 from House transportation with amendment #5200.

S1042: TRANSPORTATION; PRIVATE TOLL ROADS

By December 31, 2009, the Arizona Department of Transportation (ADOT) must issue a request for proposals for a private entity to construct a toll road between the intersection of the Loop 303 and 75th Avenue, and Prescott. Proposals must be submitted by June 30, 2010, and ADOT must award the contract by December 31, 2010. Various restrictions on private toll roads, including the requirement for private road projects to be constructed only where reasonable alternative public routes exist, are eliminated.

First sponsor: Sen. Harper

Last Action: 1/14 referred to Senate transportation.

S1060: LAW ENFORCEMENT OFFICERS; INTERVIEWS

If an employer interviews a law enforcement or probation officer and the officer reasonably believes (formerly, based on the employer’s reasonable belief) the interview could result in dismissal, demotion or suspension, the officer must be provided with written notice and may request to have a representative present.  If an officer proves the rights were violated, the fact of the interview and any evidence obtained therein is not admissible in the administrative appeals hearing.

First sponsor: Sen. Waring

Last Action: 1/14 referred to Senate public safety human services, government.

S1077: MISSING PERSONS; LAW ENFORCEMENT DUTIES

Law enforcement agencies shall accept all reports of a missing person without delay and may not consider factors such as whether the person is an adult, the length of time the person has been missing or the relationship of the reporting individual to the missing person. When accepting a missing person report, law enforcement shall attempt to gather relevant information, including the missing person’s identifying information, a photograph of the missing person and information on the missing person’s electronic communication devices (cell phone numbers and e-mail addresses).  If a person is missing more than 30 days, law enforcement shall attempt to obtain DNA samples and other materials to assist in forensic or scientific investigation.  If a missing person is determined to be a high risk missing person (defined), law enforcement shall immediately enter all collected information in available state and federal databases and notify the Department of Public Safety, which shall notify all other law enforcement agencies in the state and surrounding regions.  Any person with custody of human remains that are not identified within 24 hours after discovery shall notify the Department of Public Safety.

First sponsor: Sen. Carolyn Allen

Last Action: 1/14 referred to Senate public safety human services, judiciary.

S1106: CONCEALED WEAPONS PERMIT; RENEWAL OPTION

A concealed weapons permit would have been, at the option of the permit holder, valid for the lifetime of the permittee. Otherwise, the permit, as currently, would have been valid for five years. Like the current five-year permit, a lifetime permit could have been suspended or revoked for stated reasons. GOVERNOR’S VETO MESSAGE SAID: a lifetime permit would eliminate the periodic opportunity to conduct criminal background checks on permit renewal applicants, and “the concept of lifetime validity for a concealed weapons permit is unwise public policy.”

First sponsor: Sen. Chuck Gray

Last Action: 5/27 VETOED.

S1132: FIREARMS; RESTAURANTS; POSTING

A holder of a restaurant license may allow the possession of a pistol on the premises if there is a notice clearly posted in at least 80 point type at the primary and secondary public entrances stating the establishment allows pistols and serves alcohol; however, it is illegal for the person carrying a pistol to consume alcohol. Violation is a class 1 (highest) misdemeanor. It is a class 2 (mid-level) misdemeanor to remove the pistol from a holster or a place of lawful concealment unless the person is defending his/her life or the life of another person. The list of acts that constitutes misconduct involving weapons is expanded to include entering a restaurant with a firearm if the required notice is not posted. An intent section states the Legislature finds there are “serious and continuing concerns” related to liquor consumption and alcohol.

First sponsor: Sen. Harper

Last Action: 4/9 referred to House judiciary.

S1140: LAW ENFORCEMENT; SAFETY EQUIPMENT; APPROPRIATION

Certain additional assessments payable by persons convicted of certain crimes are to be paid into the Public Safety Equipment Fund established by this ace (formerly, the general fund). The PSE Fund is administered by the Dept of Public Safety to purchase protective armor, electronic stun devices and other safety equipment for the Dept.  Appropriates $500,000 from the first monies received from the Public Safety Equipment Fund in FY2008-2009 to the Criminal Justice Commission for distribution to state and local law enforcement and other governmental entities in the state for properly tested fire suppression kits for Ford Crown Victoria vehicles to aid in the prevention of fires resulting from rear end collisions (to a maximum of $1,000 per vehicle).

First sponsor: Sen. Waring

Last Action: 2/18 from Senate public safety human services do pass.

S1161: CONCEALED WEAPONS PERMIT; FEE

Statutorily sets the renewal fee for a concealed weapons permit at not more than $65 (formerly, the amount was up to the discretion of the Dept of Public Safety).

First sponsor: Sen. Chuck Gray

Last Action: 1/24 referred to Senate judiciary.

S1187: BUDGET RECONCILIATION; CRIMINAL JUSTICE; FY09 (AGGRAVATED ASSAULT; PEACE OFFICERS)

Increases the penalty for aggravated assault against a peace officer or a person summoned and directed by the officer while engaging in official duties if the assault results in physical injury to the officer to a class 4 felony (midlevel) from a class 5 felony (second lowest).

First sponsor: Sen. Chuck Gray

Last Action: 6/25 from House rules okay. House COW approved with amend #5584, floor amend #5598, #5599 and #5600. NOTE SHORT TITLE CHANGE.

S1214: CONCEALED WEAPONS; SCHOOL GROUNDS

The prohibition against carrying a weapon onto school grounds does not apply to persons who possess a valid concealed carry permit. For purposes of this section of statute, the definition of “school” is expanded to include community colleges as well as universities, both public and private.

First sponsor: Sen. Johnson

Last Action: 3/11 from Senate rules with a technical amendment.

S1217: RETIREMENT; CORP; ORDINARY DISABILITY

Repeals a conditional enactment clause in 2007’s H2787 (Chapter 261, Sec. 17) pertaining to changes in the Correctional Officers Retirement Plan. Effect is to make changes CORP members eligible for ordinary disability benefits immediately upon the effective date of this act rather than waiting until the year after aggregate CORP liability is determined to be 100% funded.

First sponsor: Sen. Johnson

Last Action: 1/28 referred to Senate fin-ins-ret.

S1246: EMERGENCY RESPONSE COMMISSION; CONTINUATION

The statutory life of the Emergency Response Commission is extended for 10 years until July 1, 2013.  A purpose section states that the Commission is to supervise, coordinate and assist local emergency planning committees for the purpose of the Emergency Planning and Community Right-to-Know Act of 1986.  Effective July 1, 2008.

First sponsor: Sen. Burton Cahill

Last Action: 1/30 referred to Senate government.

S1273: RETIREMENT; ASRS; PAYROLL DEDUCTION AGREEMENTS; TRANSFERS

If an employee has made a qualified irrevocable election and transfers participation to another defined benefit retirement system or plan of this state without termination of employment, the Arizona State Retirement System shall transfer the total of any interest and principal paid by the transferred member for purchase of credited service within 90 days of the date of transfer.  An employee who made an eligible election prior to enactment of this act may elect to have his/her employee service credits transferred in accordance with this act within 1 year of the employee’s transfer to the subsequent retirement system or plan or within 1 year of the effective date of this act, whichever is later.  Emergency clause.

First sponsor: Sen. Huppenthal

Last Action: 1/31 referred to Senate fin-ins-ret.

S1275: LAW ENFORCEMENT OFFICERS; ARREST; RESPONSIBILITY

A law enforcement officer shall determine if an arrested person is a parent or guardian of a minor child and if the child’s welfare will be in danger due to the arrest and the officer is responsible for the child’s welfare and placement and to maintain records regarding the minor child.

First sponsor: Sen. Huppenthal

Last Action 1/31 referred to Senate public safety human services.

S1335: AGGRAVATED DOMESTIC VIOLENCE; VIOLATION

A person is guilty of aggravated domestic violence if the person commits a second (formerly, third) or subsequent domestic violence offense within an 84 month period.

First sponsor: Sen. Bee

Last Action: 3/12 referred to House judiciary.

S1408: PROHIBITED POSSESSORS; UNDOCUMENTED ALIENS

The definition of undocumented aliens or nonimmigrant aliens who are prohibited from possessing a deadly weapon is changed to an alien “traveling with or without documentation in this state for business or pleasure or who is studying in this state and who maintains a foreign residence abroad,” with exceptions.  Previously, the definition referred to federal law.

First sponsor: Sen. Verschoor

Last Action: 3/13 see HB2486.

S1413: CHILDREN; PICKUP TRUCK BEDS; PROHIBITION

In a county with a population of 800,000 or more (Maricopa and Pima), a person driving a pickup truck or motor truck on a highway shall not transport a person under 13 years old in or on the bed of the truck (with exceptions).

First sponsor: Sen. Rios

Last Action: 2/7 referred to Senate transportation.

S1414: LICENSE PLATES; ATTACHMENT; PROHIBITION

A person shall not apply a covering or any substance to a license plate or use any electronic devise or electro chromatic film that obscures the license plate in any way, unless authorized by the Dept of Motor vehicles.  Effective January 1, 2009.

First sponsor: Sen. Rios

Last Action: 2/7 referred to Senate transportation.

S1433: DPS EMPLOYEES; UNIVERSITY SCHOLARSHIPS

The Department of Public Safety Employees Scholarship Fund is established consisting of grants and donations.  The Arizona Board of Regents administers the Fund and uses Fund monies to award university scholarships to DPS employees.

First sponsor: Sen. O’Halleran

Last Action: 6/19 withdrawn from House natural resources public safety and appropriations and additionally referred to commerce.

S1444: PUBLIC RETIREMENT SYSTEMS; INTERSYSTEM TRANSFERS

Employer contributions may be transferred between public retirement systems in specified instances.

First sponsor: Sen. Verschoor

Last Action: /7 referred to Senate fin-ins-ret.

S1470: PHOTO RADAR; PROHIBITION ON HIGHWAYS

A photo enforcement system shall not be used on state highways.

First sponsor: Sen. Gould

Last Action: 2/13 from Senate transportation do pass.

S1505: PHOTO ENFORCEMENT ZONES; SIGNS; CITATIONS

Signage requirements for proper notification of motorists at a photo enforcement location are changed to require one sign to be placed 300 feet in front of cameras and one 600 feet from cameras. (Currently, the second sign may be anywhere more than 300 feet from the cameras.) Citations issued as a result of photo enforcement must include a signed statement by a sworn law enforcement officer that the standards and specifications regarding signage were met during the operation of the photo enforcement system.

First sponsor: Sen. Gorman

Last Action: 2/28 from Senate transportation do pass.

SCR1032: REQUIREMENT ON HIGHWAYS; PHOTO RADAR

The 2008 general election ballot is to carry the question of whether to amend statute to specifically authorize the state to use a photo enforcement system on state highways to detect speeders.

First sponsor: Sen. Gould

Last Action: 2/13 from Senate transportation with amendment #4122.

SCR1033: SPEEDING CITATIONS; PHOTO ENFORCEMENT SYSTEMS

The 2008 general election ballot is to carry the question of whether to amend statute to cause the state (and each jurisdiction that employs photo enforcement equipment) to determine the speed at which 85% of the traffic that passes each photo enforcement array travels in non-peak, daylight hours under good driving conditions. Citations may be issued only to a vehicle that is traveling faster than 85% of vehicles on the highway.

First sponsor: Sen. Gould

Last Action: 2/13 from Senate transportation do pass.

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