Bill Text: AZ HB2396 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Game and fish; trophies; enforcement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-04-14 - Governor Signed [HB2396 Detail]
Download: Arizona-2011-HB2396-Engrossed.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2396 |
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AN ACT
amending title 17, chapter 2, article 2, Arizona Revised Statutes, by adding section 17-215; Amending sections 17‑340, 41-619.51 and 41-1758.01, Arizona Revised Statutes; relating to wildlife.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 2, article 2, Arizona Revised Statutes, is amended by adding section 17-215, to read:
17-215. Fingerprint clearance card; employees; volunteers
Each employee and volunteer who has contact with children or vulnerable adults as part of their regular duties must have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or provide the department documentation of the person's application for a fingerprint clearance card.
Sec. 2. Section 17-340, Arizona Revised Statutes, is amended to read:
17-340. Revocation, suspension and denial of privilege of taking wildlife; notice; violation; classification
A. Upon conviction or after adjudication as a delinquent juvenile as defined in section 8-201 and in addition to other penalties prescribed by this title, the commission, after a public hearing, may revoke or suspend a license issued to any person under this title and deny the person the right to secure another license to take or possess wildlife for a period of not to exceed five years for:
1. Unlawful taking, unlawful selling, unlawful offering for sale, unlawful bartering or unlawful possession of wildlife.
2. Careless use of firearms which has resulted in the injury or death of any person.
3. Destroying, injuring or molesting livestock, or damaging or destroying growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.
4. Littering public hunting or fishing areas while taking wildlife.
5. Knowingly allowing another person to use the person's big game tag, except as provided by section 17‑332, subsection D.
6. A violation of section 17‑303, 17‑304 or 17‑341.
7. A violation of section 17-309, subsection A, paragraph 1 involving any unlawful use of aircraft to take, assist in taking, harass, chase, drive, locate or assist in locating wildlife.
B. On conviction or after adjudication as a delinquent juvenile and in addition to any other penalties prescribed by this title:
1. For a first conviction or a first adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny a person's privilege to take wildlife for a period of up to five years.
2. For a second conviction or a second adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny a person's privilege to take wildlife for a period of up to ten years.
3. For a third conviction or a third adjudication as a delinquent juvenile, for unlawfully taking or wounding wildlife at any time or place, the commission, after a public hearing, may revoke, suspend or deny a person's privilege to take wildlife permanently.
C. In accordance with title 41, chapter 6, article 10 and notwithstanding subsection A of this section, any person who is assessed civil damages under section 17‑314 for the unlawful taking or possession of wildlife may be denied the right to secure a license to take wildlife until damages have been paid in full.
C. A person who is assessed civil damages under section 17-314 shall not apply for or obtain a license during the pendency of an action for damages, while measures are pursued to collect damages or prior to the full payment of damages.
D. On receiving a report from the licensing authority of a state which is a party to the wildlife violator compact, adopted under chapter 5 of this title, that a resident of this state has failed to comply with the terms of a wildlife citation, the commission, after a public hearing, may suspend any license issued under this title to take wildlife until the licensing authority furnishes satisfactory evidence of compliance with the terms of the wildlife citation.
E. In carrying out the provisions of this section the director shall notify the licensee, within one hundred eighty days after conviction, to appear and show cause why the license should not be revoked, suspended or denied. The notice may be served personally or by certified mail sent to the address appearing on the license.
F. The commission shall furnish to license dealers the names and addresses of persons whose licenses have been revoked or suspended, and the periods for which they have been denied the right to secure licenses.
G. The commission may use the services of the office of administrative hearings to conduct hearings and to make recommendations to the commission pursuant to this section.
H. Except for a person who takes or possesses wildlife while under permanent revocation, a person who takes wildlife in this state, or attempts to obtain a license to take wildlife, at a time when the person's privilege to do so is suspended, revoked or denied under this section is guilty of a class 1 misdemeanor.
Sec. 3. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the state real estate department or the board of examiners of nursing care institution administrators and assisted living facility managers.
2. "Board" means the board of fingerprinting.
3. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41‑619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to this article and any of the following:
(a) Section 8-105.
(b) Section 8‑322.
(c) Section 8-509.
(d) Section 8‑802.
(e) Section 15‑183.
(f) Section 15‑534.
(g) Section 15‑1330.
(h) Section 15-1881.
(i) section 17-215.
(i) (j) Section 26-103.
(j) (k) Section 32‑2108.01.
(k) (l) Section 32‑2123.
(l) (m) Section 36‑411.
(m) (n) Section 36‑425.03.
(n) (o) Section 36-446.04.
(o) (p) Section 36‑594.01.
(p) (q) Section 36‑594.02.
(q) (r) Section 36‑882.
(r) (s) Section 36‑883.02.
(s) (t) Section 36‑897.01.
(t) (u) Section 36‑897.03.
(u) (v) Section 36‑3008.
(v) (w) Section 41-619.53.
(w) (x) Section 41‑1964.
(x) (y) Section 41‑1967.01.
(y) (z) Section 41‑1968.
(z) (aa) Section 41-1969.
(aa) (bb) Section 41‑2814.
(bb) (cc) Section 46‑141, subsection A.
(cc) (dd) Section 46‑321.
Sec. 4. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; duties
The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 8‑105, 8‑322, 8-509, 8‑802, 15‑183, 15‑503, 15‑512, 15‑534, 15‑1330, 15‑1881, 17-215, 26-103, 32‑2108.01, 32‑2123, 36‑411, 36‑425.03, 36‑446.04, 36‑594.01, 36‑594.02, 36‑882, 36‑883.02, 36‑897.01, 36‑897.03, 36‑3008, 41‑619.52, 41‑619.53, 41‑1964, 41‑1967.01, 41‑1968, 41‑1969 and 41‑2814, section 46‑141, subsection A and section 46‑321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41‑619.53 and deposit, pursuant to sections 35‑146 and 35‑147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the person's right to petition the board of fingerprinting for a good cause exception pursuant to sections 41‑1758.03 and 41‑1758.07.
5. Administer and enforce this article.
Sec. 5. Exemptions from rule making
A. The Arizona game and fish commission is exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act for the purpose of adopting rules to amend or modify the following administrative rules:
1. R12-4-304 relating to the lawful method of take.
2. R12-4-517 relating to watercraft motor and engine restrictions.
B. The rules shall have an immediate effective date. Exempt rules are exempt from the provisions of title 41, chapter 6, Arizona Revised Statutes, except that the commission shall file a notice of exempt rule making with the secretary of state who shall publish the rules in the Arizona administrative register and the Arizona administrative code.
Sec. 6. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
