All new and used motorized watercraft sold in the state shall display carbon monoxide warning stickers, and a carbon monoxide brochure shall be provided to new owners of a new or used motorized watercraft.  While the engine of a motorized watercraft is in operations, a person shall not do any of the following behind the craft: 1) occupy the swim platform, ladder or step; 2) swim near the craft's exhaust ports; 3) Hang on the craft's swim platform, ladder or step if the craft is in motion; or 4) Body surf in the wake of the craft.  This act is to be called Megan Evans' Law (named for a 7-year old girl from Flagstaff who died at Lake Powell from carbon monoxide poisoning in July 2007).  Emergency clause.

First sponsor: Rep. Tom
Others: Rep. Bradley, Rep. Chabin, Rep. McGuire, Rep. Miranda, Rep. Tobin

Expands eligibility requirements for veterans of the armed forces with permanent service-related disabilities to qualify for complimentary game and fish licenses.

First sponsor: Rep. Tom
Others: Rep. Bradley, Rep. Chabin, Rep. Lopes, Rep. McGuire, Rep. Miranda, Rep. Rios, Rep. Tobin

The penalties the Dept of Game and Fish may imposed upon a licensed guide are statutorily prescribed. 

First sponsor: Rep. Jerry Weiers

Establishes the Youth and Women's Shooting Sports Fund, consisting of the net profits from the sale of goods or services (excluding firearms) at shooting ranges owned by the Game and Fish Commission.  The fund is  administered by the Commission and used to encourage youth and women to participate in shooting sports.  AS PASSED HOUSE.

First sponsor: Rep. Jerry Weiers

The language authorizing the Game and Fish Commission to purchase, sell, barter or donate bison or bison meat is changed from "buffalo" to "bison."  

First sponsor: Rep. Jerry Weiers

The Game & Fish Commission is authorized to register watercraft for a period of up to 24 months (previously, 18 months) in order to implement a staggered registrations system so the work of registering watercraft is uniformly distributed throughout the year. [Capitol Reports note: current statute provides for pro rata fees to be charged for registrations that exceed 12 months.]

First sponsor: Rep. Jerry Weiers

The time period within which the land commissioner or other person must file an action to rescind a sale of state trust land because the sale did not comply with the Enabling Act is changed from "two years from date of auction" to "two years from date on which the successful bidder was announced." Also added are provisions dealing with a sale without an auction in which case the two year clock begins on the date of a certificate of purchase or conveyance of title. [Capitol Reports note: the Enabling Act is the act of Congress that granted title of what became trust land to the state].

First sponsor: Rep. Jerry Weiers

The voluntary tax reduction check-off boxes for contributions made to the child abuse prevention fund; special Olympics,  the domestic violence shelter fund; the neighbors helping neighbors fund, and the game, nongame, fish and endangered species fund may be located on any page of the state tax return form (formerly, the boxes had to be on the first page of the form). A similar change for the clean elections fund failed to obtain the required 3/4 majority vote to change language of a voter-approved initiative, and that change is not enacted. Also, language permitting the Dept of Revenue to charge the recipient agencies an initial administrative fee to set up the various check-off funds is deleted. Effective January 1, 2009. AS PASSED CONFERENCE.

First sponsor: Rep. Yarbrough
Others: Rep. Murphy

Product testing on animals is prohibited in this state if an appropriate alternative test method has been scientifically validated and recommended by the Interagency Coordinating Committee for the Validation of Alternative Methods and adopted by the relevant federal agency or program.

First sponsor: Rep. Ableser
Others: Rep. Chad Campbell

Public bodies must maintain records of disciplinary actions involving employees and public officers. Records should include the person's response to a disciplinary action. The records shall be open for inspection unless disclosure is specifically prohibited by law. Disclosure as defined in this act does not include releasing home address, phone or photograph of persons whose personal information is protected by law. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Adams

Minor change in Title 41 (State Government), relating to the Arizona State Parks Board.  Apparent striker bus.

First sponsor: Rep. Boone

Minor change in Title 37 (Public Lands), relating to the permanent state school fund.  Apparent striker bus.

First sponsor: Rep. Jim Weiers

A request for a special organization license plate may be combined with a request for a personalized license plate. Also, beginning Jan 1, 2010, it is illegal for a person to use any coating or covering over vehicle license plates that obscures from view the information on the plate. Repeals statutes authorizing the License Plate Commission and assigns the duties of the Commission to the Dept of Motor Vehicles. AS PASSED SENATE.

First sponsor: Rep. Jerry Weiers
Others: Rep. Burges, Rep. Clark, Rep. Gallardo, Rep. Tobin, Rep. Tom

Various changes to statutes relating to game and fish, including rewriting language pertaining to voluntary and mandatory training courses offered by the Game and Fish Commission; expanding the types of licenses a child is permitted to hold that will enable the child to take big game on the permit or tag granted to the child's parent/guardian or grandparent.  Also establishes an apprentice hunting license valid for two days. The license is granted to a mentor with certain limitations (an apprentice is limited to one such license per year; a mentor may not apply for more than two apprentice licenses per year). Punishments for violation of regulations related to licensed guides are rewritten to state that a first time violation may result in a 5-year suspension of the right of the person to secure a guide license; a second violation increases the suspension to 10 years; a third may result in a permanent denial of license. Removes migratory birds from the list of game permitted to be taken by holders of certain classes of license. Effective January 1, 2009.  AS SIGNED BY GOVERNOR.

First sponsor: Rep. Jerry Weiers
Others: Rep. Burges, Rep. Clark, Rep. Gallardo, Rep. Tobin, Rep. Tom

Beginning Jan. 1, 2009, personalized license plates carry a one-time fee of $50 with no renewal fee. Personalized plates combined with another special license carry a fee of $75 for the original pair of plates and an annual renewal fee of $25 which is for the special plate.

First sponsor: Rep. Jerry Weiers
Others: Rep. Burges, Rep. Clark, Rep. Gallardo, Rep. Tobin, Rep. Tom

The Game and Fish Commission can issue a complimentary license to a person 65 or older who has held a class G general hunting license (Pioneer license)  consecutively for the 5 preceding years.  Previously, the Commission could issue complimentary licenses to a person 70 or older who had been an Arizona resident for 25 years or more.  This bill has no effect on previously issued complimentary licenses.

First sponsor: Rep. Jerry Weiers
Others: Rep. Burges, Rep. Clark, Rep. Tobin, Rep. Tom

Expands the one-time registration fee and vehicle license tax for non-commercial trailers to those that weigh 10,000 pounds or less. [Capitol Reports note: previously, the maximum weight for non-commercial trailers that were exempt from yearly registration fees and VLT was 6,000 pounds.] 

First sponsor: Rep. Jerry Weiers
Others: Rep. McLain, Rep. Nichols, Rep. Pancrazi

A sport falconry license is not required to possess and transport raptors for sport falconry if the bird is not listed pursuant to the Migratory Bird Treat Act. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Mason

The power of county board of supervisors to regulate open fires is modified to allow restrictions when the board deems it necessary to protect public health and safety. Certain specified exemptions. Also provides for civil penalties of between $100 and $750 for a first offense, plus restitution for medical treatment, property damage and economic loss. AS PASSED HOUSE.

First sponsor: Rep. Mason

Possessing a loaded firearm or unloaded firearm if the firearm's ammunition is readily accessible to the person on a school grounds is a class 5 felony (second lowest).  

First sponsor: Rep. Alvarez
Others: Rep. Bradley, Rep. Cajero Bedford, Rep. Cloves Campbell Jr., Rep. Lopez, Rep. Meza, Rep. Miranda, Rep. Rios, Rep. Tom

Adds a definition of "airport designated security area" to the definitions section of the criminal code.  The list of activities that constitute misconduct involving a weapon is expanded to include carrying, possessing or exercising control over a deadly weapon in an airport designated security area (does not apply to a peace officer in performance of his/her duties, a member of the military in the performance of his/her duties or a flight crew member who is a federal flight deck officer).   

First sponsor: Rep. Jerry Weiers
Others: Sen. Linda Gray

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

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

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

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 causes 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

The powers and duty of the Board of Regents are expanded to include the direction of the disposition of lands granted to the state for university purposes.  The powers and duties of the Selection Board are expanded to include the approval of any exchange of trust land between beneficiaries to ensure the lands are of substantially equal value.  Enactment conditioned on an amendment to the state Constitution and an amendment to the Arizona - New Mexico Enabling Act by Congress.   

First sponsor: Rep. Robson
Others: Rep. McComish, Rep. Nelson, Rep. Nichols, Rep. Pearce, Rep. Stump, Rep. Jim Weiers, Rep. Yarbrough

A civil penalty of $500 to $1500 is established for littering on state trust land; proceeds to be deposited in the newly created state trust land remediation fund.  Monies in the fund are used to pay the State Land Department’s costs to remove litter from state trust land and for public signs and prevention measures.

First sponsor: Rep. Chad Campbell
Others: Rep. Ableser, Rep. Adams, Rep. Burns, Rep. Driggs, Rep. Lujan, Rep. McGuire, Rep. Meza, Rep. Thrasher, Rep. Ulmer, Sen. Aboud

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
Others: Rep. Ableser, Rep. Alvarez, Rep. Barto, Rep. Chad Campbell, Rep. Clark, Rep. Gallardo, Rep. Pancrazi, Rep. Prezelski, Rep. Thrasher, Sen. Johnson

Stipulates that the members of the five-person board of directors of the special health care district formed in Maricopa County (Maricopa Integrated Healthcare System) shall serve staggered terms, such that two are elected in presidential election years and three in gubernatorial election years. To effect this change, the two directors to be elected in 2008 are to serve terms of two years instead of the statutory four years. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Adams
Others: Rep. Chad Campbell, Rep. Crandall, Rep. Crump, Rep. Konopnicki

In a county with a population of 800,000 or more, it is a class 2 (mid-level) misdemeanor to sell animals on a public highway, park or adjacent public property or on commercial private property without express consent of the owner or lessee. Exceptions for retail sales by a pet store, sales by nonprofits like the humane society, and sales of horses and mules at auctions or rodeos. The fine for violating this law cannot exceed $50.  AS SIGNED BY GOVERNOR.

First sponsor: Rep. Jim Weiers

A person under 18 is prohibited from operating off road vehicles between midnight and 5 A.M. unless engaged in hunting, agriculture or ranching. A person under 18 who does not have a valid driver license is prohibited from operating off-road vehicles at any time unless accompanied by a properly licensed person or the vehicle is being used for hunting, agriculture or ranching.

First sponsor: Rep. McGuire
Others: Rep. Ableser, Rep. Alvarez, Rep. Brown, Rep. Chad Campbell, Rep. Chabin, Rep. Gallardo, Rep. Garcia, Rep. Hershberger, Rep. Kavanagh, Rep. Lopez, Rep. Lujan, Rep. Miranda, Rep. Nelson, Rep. Pancrazi, Rep. Rios, Rep. Schapira, Rep. Tom, Sen. Miranda, Sen. Rios, Sen. Soltero

It is illegal to keep a dog or cat without a permit if the animal is more than 6 months old and has not been spayed or neutered. Permits are administered by county animal enforcement agencies, and the agencies may charge fees for permits to fund permit administration. Permits may be issued to animal owners who show proof that: the owner is a licensed dog or cat breeder, the animal is registered and competing in shows or being trained for a registry or association, the dog is being used as a law enforcement or working dog or for herding or guarding livestock, the dog is a guide dog or service dog, or if there is a written agreement to allow one male dog and one female dog per household to produce a single litter of offspring within one year of permit issuance.  Reasons for permit revocation are specified.  Violators are subject to a $500 civil penalty to be deposited in the Rabies and Animal Control Fund, uses of which are expanded to include funding low cost spay and neuter programs for dogs and cats whose owners qualify for public assistance programs.

First sponsor: Rep. Ableser
Others: Rep. Bradley, Rep. Chad Campbell, Rep. Gallardo, Rep. Lopez, Rep. Meza, Rep. Rios, Rep. Sinema

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

The State Parks Board must install solar hot water devices at the parks that have shower facilities by January 1, 2019.  Until all eligible parks have the devices installed, the Board may charge a user fee to cover the cost of installing and maintaining the devices.  Because of a potential increase in state revenue, this bill requires a 2/3 vote in each house for passage (per Prop 108).

First sponsor: Rep. Sinema
Others: Rep. Ableser, Rep. Gallardo, Rep. Prezelski

Effective January 1, 2009, changes in various statutes related to operation and regulation of off-highway vehicles, including a requirement that off-highway vehicles display a sticker (or indicia) issued by the Department of Transportation which shall establish a fee for the indicia. Proceeds from the sale of indicia will be used by the State Land Department to mitigate the impact of vehicles on its land. Off-highway vehicles must have certain equipment, and minors operating an off-highway vehicle must wear helmets. Violations are considered civil traffic violations. New license plates to be designed by the Dept of Transportation will replace current plates and are no longer valid for the life of the vehicle. Off-highway vehicles are subject to a vehicle license tax of $3 instead of the regular VLT rate.  It is a class 3 (lowest) misdemeanor to drive an off-highway vehicle in a manner that damages the environment where it is prohibited by rule, regulation, ordinance or code.  AS PASSED HOUSE.

First sponsor: Rep. Jerry Weiers
Others: Rep. Ableser, Rep. Adams, Rep. Barnes, Rep. Barto, Rep. Boone, Rep. Brown, Rep. Burges, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Chabin, Rep. Clark, Rep. Crandall, Rep. Crump, Rep. Desimone, Rep. Driggs, Rep. Farley, Rep. Gallardo, Rep. Garcia, Rep. Hershberger, Rep. Lopez, Rep. Lujan, Rep. Mason, Rep. McLain, Rep. Murphy, Rep. Nichols, Rep. Pancrazi, Rep. Paton, Rep. Pearce, Rep. Prezelski, Rep. Reagan, Rep. Robson, Rep. Schapira, Rep. Tobin, Rep. Tom, Rep. Yarbrough, Sen. Linda Gray

A person who knowingly possesses a deadly weapon in a designated airport security area commits the crime of  misconduct involving weapons, which is a class 6 (lowest) felony. Provides for certain exemptions, including peace officers, persons authorized by a federal agency to carry a weapon in the performance of the person's official duties and members of the military. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Jerry Weiers
Others: Sen. Linda Gray

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
Others: Rep. Barnes, Rep. Biggs, Rep. Burges, Rep. Clark, Rep. Crump, Rep. Farnsworth, Rep. Groe, Rep. McClure, Rep. McComish, Rep. Nelson, Rep. Nichols, Rep. Tobin, Rep. Jerry Weiers, Sen. Gould, Sen. Harper, Sen. Johnson

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
Others: Rep. Barnes, Rep. Biggs, Rep. Burges, Rep. Clark, Rep. Crump, Rep. Farnsworth, Rep. Groe, Rep. Kavanagh, Rep. McClure, Rep. McComish, Rep. Murphy, Rep. Nelson, Rep. Nichols, Rep. Tobin, Rep. Jerry Weiers, Sen. Gould, Sen. Chuck Gray, Sen. Harper, Sen. Johnson

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) misdemeanor.  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
Others: Rep. Barnes, Rep. Biggs, Rep. Brown, Rep. Burges, Rep. Clark, Rep. Crump, Rep. Driggs, Rep. Farnsworth, Rep. Groe, Rep. Kavanagh, Rep. McClure, Rep. McComish, Rep. Murphy, Rep. Nelson, Rep. Nichols, Rep. Tobin, Rep. Jerry Weiers, Sen. Gould, Sen. Harper, Sen. Johnson

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. AS SIGNED BY GOVERNOR.

First sponsor: Rep. Murphy
Others: Rep. Burges, Rep. Chad Campbell, Rep. Crump, Rep. Groe, Rep. Kavanagh, Rep. Mason, Rep. Nichols, Rep. Pearce, Rep. Reagan, Rep. Sinema, Rep. Stump, Rep. Yarbrough

The list of actions a court may take when it issues an order of protection is expanded to include granting the petitioner exclusive care, custody or control of an animal owned or kept by the petitioner or a minor child of the petitioner. Further, it may order the respondent to stay away from the animal and forbid the respondent from taking , concealing or disposing of the animal.

First sponsor: Rep. Paton
Others: Rep. Ableser, Rep. Chabin, Rep. Gallardo, Rep. Hershberger, Rep. Lopes, Rep. McClure, Rep. Prezelski, Rep. Schapira, Rep. Sinema, Rep. Thrasher, Rep. Ulmer, Rep. Yarbrough

Minor change to statute dealing with state trust land. Apparent striker bus.

First sponsor: Rep. Nelson

Makes changes to statues relating to the tax credit for taxpayer contributions to a qualified charitable organization, including allowing the deduction only if the taxpayer itemizes deductions for the taxable year and establishing requirements and procedures for the certification of a charitable organization for purposes of the deduction.  Effective January 1, 2009.

First sponsor: Rep. Yarbrough
Others: Rep. Anderson, Rep. Crandall, Rep. Murphy, Rep. Nichols

Sellers and distributors of off-road vehicles are regulated under the same statutory provisions as sellers of passenger cars, trucks, trailers, buses and motorcycles. 

First sponsor: Rep. Burges
Others: Rep. Tobin, Rep. Jerry Weiers, Sen. Linda Gray

In statutes dealing with misconduct involving weapons, the definition of "school" is expanded by adding "postsecondary educational institution." (Formerly, the definition included only  K-12.) Criminal classification of a violation of carrying a weapon onto school grounds is differentiated. If the school is a postsecondary institution, the classification is increased to a class 6 (lowest ) felony; if the school is K-12, it is a class 1 (highest) misdemeanor.  

First sponsor: Rep. Gallardo

Requires every municipality to enact ordinances for watercourse and habitat protection within its jurisdiction based on statutory requirements within the act.

First sponsor: Rep. Young Wright
Others: Rep. Ableser, Rep. Cajero Bedford, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Chabin, Rep. Farley, Rep. Lopes, Rep. Lopez, Rep. Lujan, Rep. Meza, Rep. Miranda, Rep. Prezelski, Rep. Schapira, Rep. Sinema, Rep. Thrasher

Beginning Jan 1, 2009, all ammunition manufactured or sold in this state that is used in handguns or assault weapons must be coded. Ammo that is not coded must be disposed on no later than Jan 1, 2011. The Dept of Public Safety is to maintain a database containing a manufacturer and vendor registries. Each transaction must be recorded by date with name of purchaser, driver license or other gov't issued ID number, purchaser's date of birth and the identifier code of the ammunition purchased. A tax of one-half cent per bullet is levied for the purpose of maintaining the database. Manufacturers who are not compliant are liable for a fine of $1000 for a first violation, $5,000 for a second and $10,000 for a third or subsequent violation. Vendors who are not compliant are guilty of a class 3 (lowest) misdemeanor). Requires 2/3 majority vote in each house for passage because of an increase in state revenue (per Prop 108).

First sponsor: Rep. Garcia
Others: Rep. Alvarez, Rep. Bradley, Rep. Cloves Campbell Jr., Rep. Lopez

Minor change to Title 11 (counties) related to animal sterilization. Apparent striker bus.

First sponsor: Rep. Young Wright

The Game and Fish Commission must develop a list of native species that are threatened or endangered, and the director must develop a species recovery plan. The list must be reviewed biennially. With stated exceptions, it is illegal to take, possess sell, or transport native wildlife that is endangered. Violation is a class 6 (lowest) felony.

First sponsor: Rep. Ableser
Others: Rep. Adams, Rep. Alvarez, Rep. Barnes, Rep. Bradley, Rep. Brown, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Chabin, Rep. Farley, Rep. Gallardo, Rep. Garcia, Rep. Lopes, Rep. Lopez, Rep. Lujan, Rep. McGuire, Rep. Meza, Rep. Miranda, Rep. Nichols, Rep. Pancrazi, Rep. Prezelski, Rep. Rios, Rep. Schapira, Rep. Sinema, Rep. Thrasher, Rep. Tobin, Rep. Tom, Sen. Aboud, Sen. Aguirre, Sen. Garcia, Sen. Landrum Taylor, Sen. Miranda, Sen. Rios

The 2008 general election ballot is to carry the question of whether to amend statutes to specify that "noncustodial federal monies" be appropriated by the Legislature. "Noncustodial federal monies" is defined as block grants, revenue sharing, all monies that are the federal portion of a federal program requiring a local match, and monies provided for which the federal government gives the state "broad authority to make spending decisions." Exemptions are provided for research grants to universities and to the Dept of Emergency and Military Affairs, and federal money awarded directly to school districts.

First sponsor: Rep. Biggs
Others: Rep. Anderson, Rep. Burges, Rep. Groe, Rep. Murphy, Sen. Gorman, Sen. Harper, Sen. Johnson

The 2008 general election ballot is to carry the question of whether to amend the state Constitution allow each of the state's three universities to receive without cost up to 50,000 acres of state trust land. Requires Congress to amend the Enabling Act.

First sponsor: Rep. Robson
Others: Rep. McComish, Rep. Nelson, Rep. Pearce, Rep. Stump, Rep. Jim Weiers, Rep. Yarbrough

The 2008 general election ballot is to carry the question of whether to amend the state Constitution to state that hunting and fishing are the preferred means of managing nonthreatened wildlife and that the rights of citizens to hunt and fish on public and private property, consistent with the laws of trespass, shall not be impaired.

First sponsor: Rep. Jerry Weiers
Others: Rep. Adams, Rep. Barnes, Rep. Barto, Rep. Boone, Rep. Brown, Rep. Burges, Rep. Chad Campbell, Rep. Cloves Campbell Jr., Rep. Crandall, Rep. Crump, Rep. Desimone, Rep. Driggs, Rep. Farley, Rep. Gallardo, Rep. Lopez, Rep. Lujan, Rep. Mason, Rep. McGuire, Rep. McLain, Rep. Murphy, Rep. Nichols, Rep. Pancrazi, Rep. Paton, Rep. Pearce, Rep. Prezelski, Rep. Tobin, Rep. Tom, Rep. Yarbrough, Sen. Linda Gray

Minor change in constitutional language pertaining to state trust lands.  Apparent striker bus for a ballot question.

First sponsor: Rep. Nelson

Expresses the opposition of the Legislature to regulation proposed by the US Forest Service to close up to 80% of forest roads because of the adverse impact on local economies and because the new rules would lead to a further decline in forest health.

First sponsor: Rep. Konopnicki
Others: Rep. Brown

The statute specifying the procedures by which the Senate confirms gubernatorial appointments is changed to remove the differences between appointments made during legislative session and those made during the interim. Clarifies that the one year period longer than which an appointee may not serve without Senate confirmation applies to cases where the governor nominates an incumbent to the same office. Emergency clause.

First sponsor: Sen. Chuck Gray

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.  AS SIGNED BY GOVERNOR.

First sponsor: Sen. Chuck Gray
Others: Sen. Linda Gray

Makes numerous changes to statutes regarding operating a watercraft while intoxicated, including establishing sentences of incarceration for convicted persons; making a convicted person ineligible for work/school release or home detention; eliminating the civil penalty for refusing to submit to blood alcohol testing; and increasing additional assessments for convictions of operating a watercraft while intoxicated.  The time period within which a second or subsequent offense may trigger enhanced punishment is lengthened to 84 months from 60 months.  AS PASSED SENATE.

First sponsor: Sen. Linda Gray
Others: Rep. Groe, Rep. Pearce, Rep. Jim Weiers, Sen. Huppenthal, Sen. O'Halleran, Sen. Verschoor

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
Others: Rep. Biggs, Rep. Burges, Rep. Clark, Rep. Kavanagh, Rep. Mason, Rep. McComish, Rep. Nichols, Rep. Jerry Weiers, Sen. Blendu, Sen. Gould, Sen. Linda Gray, Sen. Harper

Eliminates 66 inactive funds in 18 state agencies. Statutory authority for the funds is repealed. Unspent and unencumbered monies remaining in the funds revert to the general fund. Also requires any self-supporting regulatory agency (90-10 agency) whose revenue and current fund balances exceeds stated threshold levels on Dec 1 each year to revise fees such that its anticipated annual revenues equal between 95% and 105% of its appropriated budget. AS PASSED HOUSE.

First sponsor: Sen. Burns

Establishes the 9 member State Parks Financing Study Committee to study and make recommendations on the financing of the state park system.  Requires the Committee to submit a report of its findings and recommendations by December 31, 2008.  Sunsets October 1, 2009.   

First sponsor: Sen. O'Halleran
Others: Rep. Tobin, Sen. Carolyn Allen

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. AS PASS SENATE.

First sponsor: Sen. Harper
Others: Sen. Gorman

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
Others: Rep. Nelson, Sen. Blendu

Continues the State Land Dept for 10 years until July 1, 2018.  A purpose section states that the dept is to have charge of and control over all lands owned by the state, except for lands under the specific use and control of state institutions, and the resources in and on those lands and to regulate the use of and access to those lands and resources.  Retroactive to July 1, 2008. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Flake

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
Others: Rep. Barnes, Rep. Biggs, Rep. Clark, Rep. Crump, Rep. Groe, Rep. Nichols, Rep. Pearce, Sen. Blendu, Sen. Verschoor

Repeals and replaces current statutes regarding regulation of charities and charitable funds. Impossible to determine changes without a line-by-line comparison. Provisions include: a standard of conduct regarding the management of a charitable fund and establishing procedures for modifying or releasing the manager from restrictions contained in the original gift.  Applies to institutional funds existing on or established after the effective date of the act and is limited to decisions made and actions taken on or after enactment. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Leff

Two pools of money totaling $3 million formerly available to the state forester for wildland fire suppression and for pre-positioning equipment and other preparations associated with extreme fire danger are combined into one pool of $3 million. AS SIGNED BY GOVERNOR.

First sponsor: Sen. Flake
Others: Sen. Arzberger

The driver of a vehicle involved in an accident resulting in injury to a domestic cat dog shall take reasonable steps to locate the owner or custodian of the animal or a peace officer as soon as possible and obtain necessary care or attention for the animal.  A violation of this statute is a class 3 misdemeanor (lowest).

First sponsor: Sen. Aboud
Others: Rep. Sinema, Sen. Aguirre, Sen. Pesquiera

Adds the crime of animal fighting to criminal statutes and classifies it as a Class 5 (second from lowest) felony. Makes being present in a place or building where there are preparations for animal fighting a class one (highest) misdemeanor.

First sponsor: Sen. Aboud
Others: Rep. Sinema, Sen. Aguirre, Sen. Pesquiera

The list of disclosures required in the public report issued by the Dept of Real Estate authorizing sales of lots/parcels within a subdivision is expanded to include whether the land is within a "military electronics range" (defined) of a military base. The department must record documents with county recorders that disclose land contained in a military electronics range.  Maps delineating the area of a military electronics range must be posted on the Dept of Real Estate's website. A public report issued within 60 days prior to the date the map is filed and posted is exempt from the reporting / notification requirements. A local government with any portion of a military electronics range within its borders must notify the base commander when the government receives a completed application to rezone, build on or subdivide property within the range area. If the military installation chooses to make official comments regarding the proposed land use change, it must do so in writing at least 7 days prior to a scheduled public hearing. If the installation chooses not to make comments, that fact shall be noted at a public hearing on the proposed land use change.   AS SIGNED BY GOVERNOR.

First sponsor: Sen. Bee

Makes changes to the definitions section of statutes relating to county land divisions. 

First sponsor: Sen. Flake

This state or any agency or political subdivision of the state or any person, organization or entity that establishes a gun-free zone is liable for damages that result from criminal conduct that occurs against an individual in the gun-free zone (defined) if a reasonable person would believe that possession of a firearm could have help the individual defend against the criminal conduct.  If the criminal conduct is a result of terrorism or adversely affects a person under 16 years old or over 70 years old, the person may recover treble damages. 

First sponsor: Sen. Johnson
Others: Rep. Barnes, Rep. Burges, Rep. Clark, Rep. Kavanagh, Rep. Pearce, Rep. Yarbrough, Sen. Blendu, Sen. Gould, Sen. Verschoor

Requires State Parks Board to offer an annual pass for state parks to state residents at a rate of 20% lower than the regular rate for nonresidents.    

First sponsor: Sen. Gould
Others: Rep. Groe, Sen. Harper

Expresses support by the Legislature for Congress to reform the budgeting process for wildland fire suppression costs and urges increased investment in the "core duties" of the Forest Service, such as fire preparedness and rehabilitation and restoration programs.

First sponsor: Sen. O'Halleran
Others: Rep. Mason, Rep. Tobin

The 2008 general election ballot is to carry the question of whether to amend the state Constitution to change how distributions to state trust land beneficiaries are made from earnings based on a fiscal year to earnings based on a calendar year.  

First sponsor: Sen. Flake
Others: Rep. Brown, Rep. Burges, Rep. Nelson, Sen. O'Halleran