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2008 Arizona Judicial Branch End-of Session Legislative Report Cover
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VETOED
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HB2043

Vetoed
03/14/2008

FY 2007-2008 STATE HIRING; MORATORIUM
Rep. Robson

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.

HB2235

Vetoed
04/28/2008

ADMINISTRATIVE RULES OVERSIGHT COMMITTEE
Rep. DeSimone

HB2235 would have reestablished the Administrative Rules Oversight Committee created in 1995 and repealed in 1998.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.

HB2263

Vetoed
04/04/2008

PARENTAL CONSENT; ABORTION
Rep. Nichols

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 determination.

HB2389

Vetoed
07/07/2008

MISCONDUCT INVOLVING WEAPONS; MEANS; TRANSPORTATION
Rep. Kavanagh

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.

HB2395

Vetoed
04/30/2008

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.

HB2626

Vetoed
07/07/2008

WEAPONS; PEACE OFFICERS; POSSE; RESERVES
Rep. Pearce

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 visible.

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.

HB2629

Vetoed
05/27/2008

JUSTIFICATION; DEFENSIVE DISPLAY OF FIREARM
Rep. Pearce

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.

HB2630

Vetoed
04/29/2008

CONCEALED WEAPONS; PETTY OFFENSE
Rep. Pearce

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.

HB2769

Vetoed
04/01/2008

PARTIAL-BIRTH ABORTION; DEFINITION
Rep. Tobin

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 federal law.

HB2807

Vetoed
04/28/2008

IMMIGRATION; LOCAL LAW ENFORCEMENT
Rep. Nelson

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 the taxpayers.

HB2857

Vetoed
03/11/2008

FISCAL YEAR 2007-2008; BUDGET ADJUSTMENTS
Rep. Boone

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 appropriations.

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.

 
 
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