Bill Text: AZ SB1170 | 2022 | Fifty-fifth Legislature 2nd Regular | Chaptered
Bill Title: G&F; tags; permits; voter registration
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-06-07 - Chapter 276 [SB1170 Detail]
Download: Arizona-2022-SB1170-Chaptered.html
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House Engrossed Senate Bill
G&F; tags; permits; transfers; refunds |
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(now: G&F; tags; permits; voter registration) |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
CHAPTER 276
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SENATE BILL 1170 |
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An Act
repealing section 16-132, Arizona Revised Statutes; amending title 16, chapter 1, article 3, Arizona Revised Statutes, by adding a new section 16-132; amending sections 17-332 and 41-1005, Arizona Revised Statutes; relating to game and fish.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Repeal
Section 16-132, Arizona Revised Statutes, is repealed.
Sec. 2. Title 16, chapter 1, article 3, Arizona Revised Statutes, is amended by adding a new section 16-132, to read:
16-132. Voter registration assistance; hunting, fishing, trapping licenses; definitions
A. THE DEPARTMENT SHALL PROVIDE ASSISTANCE WITH VOTER REGISTRATION WHEN ACCEPTING APPLICATIONS FOR A LICENSE. THE DEPARTMENT SHALL PROVIDE TO THE APPLICANT WITH ANY ONLINE APPLICATIONS FOR A LICENSE A LINK TO THE DEPARTMENT OF TRANSPORTATION'S VOTER REGISTRATION WEBPAGE. EACH DEPARTMENT OFFICE THAT ACCEPTS APPLICATIONS FOR A LICENSE IN PERSON SHALL PROVIDE A VOTER REGISTRATION FORM TO THE APPLICANT.
B. THE SECRETARY OF STATE SHALL PROVIDE TO THE DEPARTMENT VOTER REGISTRATION FORMS AND INSTRUCTIONS TO APPLICANTS TO MAIL COMPLETED VOTER REGISTRATION FORMS TO THE SECRETARY OF STATE. THE SECRETARY OF STATE SHALL FORWARD THE COMPLETED VOTER REGISTRATION FORMS TO THE APPROPRIATE COUNTY RECORDER TO DETERMINE THE ELIGIBILITY OF THE APPLICANT AND, IF FOUND ELIGIBLE, TO ADD THE APPLICANT'S NAME TO THE VOTER REGISTRATION ROLLS.
C. VOTER REGISTRATION INFORMATION THAT IS GENERATED PURSUANT TO THIS SECTION AND THAT IS PUBLIC INFORMATION AS OTHERWISE PROVIDED BY LAW SHALL NOT PROVIDE ANY PUBLIC INDICATION OF THE SOURCE OF THESE REGISTRATIONS.
D. PERSONS WHO ACT PURSUANT TO THIS SECTION ARE NOT CONSIDERED TO BE DEPUTY REGISTRARS UNDER THIS TITLE OR ANY RULES ADOPTED UNDER ITS AUTHORITY.
E. FOR THE PURPOSES OF THIS SECTION:
1. "DEPARTMENT" MEANS THE ARIZONA GAME AND FISH DEPARTMENT.
2. "LICENSE" MEANS A HUNTING, FISHING OR TRAPPING LICENSE ISSUED BY THE ARIZONA GAME AND FISH DEPARTMENT PURSUANT TO TITLE 17, CHAPTER 3.
Sec. 3. Section 17-332, Arizona Revised Statutes, is amended to read:
17-332. Form and content of license; duplicate licenses; transfer of license prohibited; exceptions; refunds; period of validity; definitions
A. Licenses and license materials shall be prepared by the department and may be furnished and charged to dealers that are authorized to issue licenses. Each license shall be issued in the name of the department and signed in a manner provided by rule adopted by the commission. With each license authorizing the taking of big game, the department shall provide such tags as the commission may prescribe, which the licensee shall attach to the big game animal in the manner prescribed by the commission. The commission may limit the number or use of licenses that are issued to nonresidents or permits that are issued to nonresidents and that are not issued in a random drawing. The commission shall limit the number of big game permits issued to nonresidents in a random drawing to ten percent or fewer of the total hunt permits, but in extraordinary circumstances, at a public meeting the commission may increase the number of permits issued to nonresidents in a random drawing if, on separate roll call votes, the members of the commission unanimously:
1. Support the finding of a specifically described extraordinary circumstance.
2. Adopt the increased number of nonresident permits for the hunt.
B. The commission shall issue with each license a shipping permit entitling the holder of the license to a shipment of game or fish as provided by article 4 of this chapter.
C. It is unlawful, except as provided by the commission, for any person to apply for or obtain in any one license year more than one original license permitting the taking of big game. A duplicate license or tag may be issued by the department or by a license dealer if the person requesting such a license or tag furnishes the information deemed necessary by the commission.
D. A license or permit is not transferable and may not be used by anyone except the person to whom the license or permit was issued, except that:
1. The commission may prescribe the manner and conditions of transferring and using permits and tags under this paragraph, including an application process for a qualified organization, to allow a person to transfer the person's big game permit or tag to a qualified organization for use by:
(a) A minor child who has a life-threatening medical condition or a permanent physical disability. If a child with a physical disability is under fourteen years of age, the child must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.
(b) A minor child whose parent was killed in action while serving in the armed forces of the United States.
(c) A minor child whose parent was killed in the course and scope of employment as a peace officer.
(d) A minor child whose parent was killed in the course and scope of employment as a professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department.
(b) (e) A veteran of the armed forces of the United States who has a service-connected disability. For the purposes of this paragraph:
(i) "Disability" means a permanent physical impairment that substantially limits one or more major life activities and that requires the assistance of another person or a mechanical device for physical mobility.
(ii) "Qualified organization" means a nonprofit organization that is qualified under section 501(c)(3) of the United States internal revenue code and that affords opportunities and experiences to children with life-threatening medical conditions or with physical disabilities or to veterans with service-connected disabilities.
2. A parent, grandparent or legal guardian may allow the parent's, grandparent's or guardian's minor child or minor grandchild to use the parent's, grandparent's or guardian's big game permit or tag to take big game pursuant to the following requirements:
(a) The parent, grandparent or guardian must transfer the permit or tag to the minor child in a manner prescribed by the commission.
(b) The minor child must possess a valid hunting license. and, if under fourteen years of age, must satisfactorily complete, before the beginning of the hunt, the Arizona hunter education course or another comparable hunter education course that is approved by the director.
(c) Any big game that is taken counts toward the minor child's bag limit.
E. A minor child who uses a big game permit or tag pursuant to subsection D of this SECTIOn and is under fourteen years of age must satisfactorily complete the Arizona hunter education course or another comparable hunter education course that is approved by the director.
E. F. Refunds may not be made for the purchase of a license or permit, except that the commission may prescribe a manner of refunding the cost of a big game permit or tag to the following individuals:
1. An active duty member of the armed forces of the United States who is ordered to leave this state during the time period in which the big game permit or tag is valid for the taking of wildlife.
2. A peace officer who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.
3. A professional firefighter who is a member of a state, federal, tribal, city, town, county, district or private fire department and who is assigned to special duty during the time period in which the big game permit or tag is valid for the taking of wildlife.
F. G. Licenses are valid for a license year as prescribed in rule by the commission. Lifetime licenses and benefactor licenses are valid for the lifetime of the licensee.
H. For the purposes of this section:
1. "DISABILITY" MEANS A PERMANENT PHYSICAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES AND THAT REQUIRES THE ASSISTANCE OF ANOTHER PERSON OR A MECHANICAL DEVICE FOR PHYSICAL MOBILITY.
2. "QUALIFIED ORGANIZATION" MEANS A NONPROFIT ORGANIZATION THAT IS QUALIFIED UNDER SECTION 501(c)(3) OF THE UNITED STATES INTERNAL REVENUE CODE AND THAT AFFORDS OPPORTUNITIES AND EXPERIENCES TO MINOR CHILDREN WITH LIFE THREATENING MEDICAL CONDITIONS OR WITH PHYSICAL DISABILITIES, MINOR CHILDREN WHOSE PARENTS WERE KILLED IN ACTION WHILE SERVING IN THE ARMED FORCES OF THE UNITED STATES OR IN THE COURSE AND SCOPE OF EMPLOYMENT AS PEACE OFFICERS OR PROFESSIONAL FIREFIGHTERS OR TO VETERANS WITH DISABILITIES.
Sec. 4. Section 41-1005, Arizona Revised Statutes, is amended to read:
41-1005. Exemptions
A. This chapter does not apply to any:
1. Rule that relates to the use of public works, including streets and highways, under the jurisdiction of an agency if the effect of the order is indicated to the public by means of signs or signals.
2. Order or rule of the Arizona game and fish commission that does the following:
(a) Opens, closes or alters seasons or establishes bag or possession limits for wildlife.
(b) Establishes a fee pursuant to section 5-321, 5-322 or 5-327.
(c) Establishes a license classification, fee or application fee pursuant to title 17, chapter 3, article 2.
(d) Limits the number or use of licenses or permits that are issued to nonresidents pursuant to section 17-332.
3. Rule relating to section 28-641 or to any rule regulating motor vehicle operation that relates to speed, parking, standing, stopping or passing enacted pursuant to title 28, chapter 3.
4. Rule concerning only the internal management of an agency that does not directly and substantially affect the procedural or substantive rights or duties of any segment of the public.
5. Rule that only establishes specific prices to be charged for particular goods or services sold by an agency.
6. Rule concerning only the physical servicing, maintenance or care of agency owned or operated facilities or property.
7. Rule or substantive policy statement concerning inmates or committed youths of a correctional or detention facility in secure custody or patients admitted to a hospital, if made by the state department of corrections, the department of juvenile corrections, the board of executive clemency or the department of health services or a facility or hospital under the jurisdiction of the state department of corrections, the department of juvenile corrections or the department of health services.
8. Form whose contents or substantive requirements are prescribed by rule or statute, and instructions for the execution or use of the form.
9. Capped fee-for-service schedule adopted by the Arizona health care cost containment system administration pursuant to title 36, chapter 29.
10. Fees prescribed by section 6-125.
11. Order of the director of water resources adopting or modifying a management plan pursuant to title 45, chapter 2, article 9.
12. Fees established under section 3-1086.
13. Fees established under sections 41-4010 and 41-4042.
14. Rule or other matter relating to agency contracts.
15. Fees established under section 32-2067 or 32-2132.
16. Rules made pursuant to section 5-111, subsection A.
17. Rules made by the Arizona state parks board concerning the operation of the Tonto natural bridge state park, the facilities located in the Tonto natural bridge state park and the entrance fees to the Tonto natural bridge state park.
18. Fees or charges established under section 41-511.05.
19. Emergency medical services protocols except as provided in section 36-2205, subsection B.
20. Fee schedules established pursuant to section 36-3409.
21. Procedures of the state transportation board as prescribed in section 28-7048.
22. Rules made by the state department of corrections.
23. Fees prescribed pursuant to section 32-1527.
24. Rules made by the department of economic security pursuant to section 46-805.
25. Schedule of fees prescribed by section 23-908.
26. Procedure that is established pursuant to title 23, chapter 6, article 6.
27. Rules, administrative policies, procedures and guidelines adopted for any purpose by the Arizona commerce authority pursuant to chapter 10 of this title if the authority provides, as appropriate under the circumstances, for notice of an opportunity for comment on the proposed rules, administrative policies, procedures and guidelines.
28. Rules made by a marketing commission or marketing committee pursuant to section 3-414.
29. Administration of public assistance program monies authorized for liabilities that are incurred for disasters declared pursuant to sections 26-303 and 35-192.
30. User charges, tolls, fares, rents, advertising and sponsorship charges, services charges or similar charges established pursuant to section 28-7705.
31. Administration and implementation of the hospital assessment pursuant to section 36-2901.08, except that the Arizona health care cost containment system administration must provide notice and an opportunity for public comment at least thirty days before establishing or implementing the administration of the assessment.
32. Rules made by the Arizona department of agriculture to adopt and implement the provisions of the federal milk ordinance as prescribed by section 3-605.
33. Rules made by the Arizona department of agriculture to adopt, implement and administer the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252) as provided by title 3, chapter 3, article 4.1.
34. Calculations that are performed by the department of economic security and that are associated with the adjustment of the sliding fee scale and formula for determining child care assistance pursuant to section 46-805.
B. Notwithstanding subsection A, paragraph 21 of this section, at such time as if the federal highway administration authorizes the privatization of rest areas, the state transportation board shall make rules governing the lease or license by the department of transportation to a private entity for the purposes of privatization of a rest area.
C. Coincident with the making of a final rule pursuant to an exemption from the applicability of this chapter under this section, another statute or session law, the agency shall:
1. Prepare a notice and follow formatting guidelines prescribed by the secretary of state.
2. Prepare the rulemaking exemption notices pursuant to chapter 6.2 of this title.
3. File a copy of the rule with the secretary of state for publication pursuant to section 41-1012 and provide a copy to the council.
D. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona board of regents and the institutions under its jurisdiction, except that the Arizona board of regents shall make policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed.
E. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the Arizona state schools for the deaf and the blind, except that the board of directors of all the state schools for the deaf and the blind shall adopt policies for the board and the schools under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies proposed for adoption.
F. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board of education, except that the state board of education shall adopt policies or rules for the board and the institutions under its jurisdiction that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any rule, the state board of education shall provide at least two opportunities for public comment. The state board of education shall consider the fiscal impact of any proposed rule pursuant to this subsection.
G. Unless otherwise required by law, articles 2, 3, 4 and 5 of this chapter do not apply to the state board for charter schools, except that the board shall adopt policies or rules for the board and the charter schools sponsored by the board that provide, as appropriate under the circumstances, for notice of and opportunity for comment on the policies or rules proposed for adoption. In order to implement or change any policy or rule, the board shall provide at least two opportunities for public comment. The state board for charter schools shall consider the fiscal impact of any proposed rule pursuant to this subsection.
APPROVED BY THE GOVERNOR JUNE 7, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 7, 2022.
