FY 2007-2008 STATE HIRING; MORATORIUM
HB2043 would have prohibited the use of general fund monies for hiring or
promoting state employees for the remainder of FY 2008. The bill provided an
exception for employees that are necessary for the protection of public
health or safety or the collection or investment of state revenues and
outlined a process to make other critical positions exempt from the hiring
and promotion freeze. HB2043 also required monthly reports to the JLBC on
the number of vacant positions filled or changes in salary classifications.
GOVERNOR’S VETO MESSAGE indicated that the legislation was an intrusion into
the separation of powers amongst the three branches of government and
unnecessary due to hiring restrictions already in place. The letter further
indicated that the legislation would be wholly ineffective because it would
not take effect until after the budget year ended.
ADMINISTRATIVE RULES OVERSIGHT COMMITTEE
HB2235 would have reestablished the Administrative Rules Oversight Committee
created in 1995 and repealed in 1998.
GOVERNOR’S VETO MESSAGE indicated that the veto came for similar reasons as
expressed by Governor Jane Hull in April 1999, at which time she explained
that the AROC was unnecessary due to existing laws providing a manner to
resolve public concerns about agency rules; further, the elimination of AROC
contributed to the reduction of unnecessary governmental activities.
PARENTAL CONSENT; ABORTION
HB2263 would have granted a pregnant minor permission to have an abortion
without parental consent if the minor could prove to a judge, by clear and
convincing evidence, that she was sufficiently mature and capable of giving
informed consent. The bill would have allowed for consideration of the
minor's age, and her experience working outside the home, living away from
home, traveling on her own, and handling personal finances, along with the
steps the minor took to explore her options and the extent to which she
considered and weighed the potential consequences of each option.
GOVERNOR’S VETO MESSAGE indicated that Arizona case law already establishes
the clear and convincing standard of proof for judicial bypass of parental
consent and the factors which should be considered when making this
MISCONDUCT INVOLVING WEAPONS; MEANS; TRANSPORTATION
HB2389 would have changed the definition of “Misconduct involving weapons”
by removing the act of carrying a concealed weapon without a permit in or on
a means of transportation, with the exception of public transit. The bill
expanded the definition to include possession of ammunition by a prohibited
possessor and added rental property to the list of acceptable locations in
which a person may possess a concealed weapon. It also contained the same
language as HB2626 that required only a portion of a weapon, holster,
scabbard or case to be visible for a weapon to not be considered concealed.
HB2389 also would have modified the defense to prosecution for “sexual
conduct with a minor” to apply if a victim is 15, 16, or 17 years old, the
defendant is under 20 years old (previously 19) or attending high school,
the defendant is no more than 36 (previously 24) months older than the
victim and the act is consensual.
GOVERNOR’S VETO MESSAGE indicated that allowing for the concealment of a
weapon in a vehicle without a permit adds to the level of danger and
uncertainty already faced by law enforcement. Officers would have been
prevented from confiscating weapons from those who ignore the concealed
weapons laws in transit.
DRIVING; BOATING; UNDER THE INFLUENCE
Rep. Jim Weiers
HB2395 would have made numerous changes to statutes governing operating a
watercraft while intoxicated (OUI) and driving while intoxicated (DUI)
modifying the period of required use of an ignition interlock device from 12
months to 6 months if a first time DUI offender successfully completes a
drug or alcohol treatment or education program.
GOVERNOR’S VETO MESSAGE indicated that due to the relatively short time
period that Arizona’s current DUI laws have been in effect, it is too early
to determine whether or not a 12 month period of ignition interlock use is
sufficient, making it premature to decrease the ignition interlock time
period from 12 months to 6 months.
WEAPONS; PEACE OFFICERS; POSSE; RESERVES
HB2626 would have allowed any sheriff to authorize volunteer members of the
sheriff's posse to carry a deadly weapon concealed without a permit while on
duty. These individuals would be exempt from charges of misconduct involving
weapons for doing so, as would honorably retired law enforcement officers,
so long as they have received firearms training approved by the Arizona
Peace Officer Standards and Training (POST) board.
The definition of a concealed weapon would have been less restrictive,
requiring only that any portion of the weapon, holster, scabbard, or case be
Misconduct involving weapons related to terrorist acts would have been
increased from a Class 3 to a Class 2 felony.
GOVERNOR’S VETO MESSAGE indicated the portion of the bill related to
concealed weapons counters common sense which tells us that only a corner of
a gun does not provide reasonable notice that a person is armed.
JUSTIFICATION; DEFENSIVE DISPLAY OF FIREARM
HB2629 would have justified the defensive display of a firearm (defined)
when and to the extent a reasonable person would believe that physical force
is immediately necessary to protect against use or attempted use of unlawful
physical or deadly physical force.
GOVERNOR’S VETO MESSAGE indicated that current justification laws allow for
a display of a firearm under specific circumstances, and that opening the
law up to allow for a display during a verbal dispute would put public
safety at a greater risk.
CONCEALED WEAPONS; PETTY OFFENSE
HB2630 would have reclassified the act of carrying a weapon concealed
without a permit as a petty offense. The bill would also have classified a
violation in the commission or attempted commission of a felony offense as a
Class 1 misdemeanor and a violation in the commission or attempted
commission of a serious or violent offense as a Class 6 felony. Additionally
the bill would have prohibited the court from ordering the forfeiture of a
weapon from a person convicted of a petty offense.
GOVERNOR’S VETO MESSAGE indicated that the bill was vetoed at the request of
Arizona’s law enforcement; being able to arrest an individual and confiscate
a weapon that is illegally being carried and concealed is a vital option.
The message also indicated that lawful gun owners who desire to carry a
concealed weapon should comply with Arizona’s concealed weapons laws by
obtaining the necessary permit.
PARTIAL-BIRTH ABORTION; DEFINITION
HB2769 would have raised the criminal classification of performing a
partial-birth abortion from a Class 6 felony to a Class 5 felony. The bill
also would have amended the conditions afflicting a mother under which a
physician was exempt from prosecution to specify that the injury or illness
must be physical.
GOVERNOR’S VETO MESSAGE indicated that the exemption requirement of a
physical, rather than psychological, injury or illness already exists and is
applicable in Arizona under federal law. The letter also indicated that the
bill would not have provided a physician with the opportunity to seek the
professional opinion of peers in determining the necessity of the procedure
as part of a physician’s defense, nor would the bill have placed the two
year cap for criminal penalty of a violation in statute, as is provided by
IMMIGRATION; LOCAL LAW ENFORCEMENT
HB2807 would have required local law enforcement agencies to implement a
program to cross-train officers to address violations of federal immigration
laws. The bill would also have placed a restriction on prohibiting law
enforcement officers from sending, receiving or maintaining information
regarding the immigration status of persons for purposes of verifying legal
residence, confirming the identity of arrested individuals, or determining
eligibility for any government benefit, service, or license.
GOVERNOR’S VETO MESSAGE indicated that sheriffs and police departments are
already capable of entering into agreements with federal immigration
authorities to enforce federal immigration laws and many already do. The
message further indicated that federal funding for the program would be
insufficient, ultimately placing the $100 million burden for the training on
FISCAL YEAR 2007-2008; BUDGET ADJUSTMENTS
HB2857 would have required specified amounts appropriated to state agencies
in FY 2008 and prior years remain unexpended and unencumbered, for a total
of $582.5 million in savings. HB2857 also made various supplemental
GOVERNOR’S VETO MESSAGE indicated that the legislation was ‘wholly
inadequate’ in addressing the fiscal needs of the state, lacking both
bipartisan support and sufficient solutions to the problems at hand.