State legislators will consider broad range of bills this session

Republican Rep. Jeff Weninger of Chandler is seeking to reduce the age of those who can serve alcohol from 19 to 18 by sponsoring House Bill 2024. If passed, the age reduction would provide more job opportunities for kids right out of high school. The current law allows someone who is 18 to sell alcohol in stores as long as someone 19 and older is supervising them.

Mandatory recess

Kids will be happy if a bill goes through that makes 50 minutes of recess each day mandatory. Democratic Rep. Ruben Rubalcava of Gila Bend is sponsoring HB 2082, which would affect kindergarten through fifth grade students in both public and charter schools, and stipulates that teachers may not revoke recess as punishment unless the student’s parents are notified in advance. School officials would decide whether the break would be continuous or divided into smaller breaks throughout school day.

Panhandling at intersections

Senate Bill 1051 would target aggressive solicitors who panhandle at intersections. If passed the bill would charge panhandlers who come within 10 feet of a person who is waiting at a stoplight to solicit funds with a petty crime if they did so without their permission. The bill, sponsored by Republican Sen. John Kavanagh of Fountain Hills, may face opposition since the Arizona courts have ruled that panhandling falls under the free speech provision of the First Amendment.

Voter Protection Act

Two bills, HCR2002 and HCR2007, would put questions on the 2018 ballot asking voters to either repeal the Voter Protection Act they approved in 1998 or to amend it. As it stands, the act prohibits the legislature from undoing voter-approved measures through the initiative or referendum process. A supermajority vote from both chambers would be required to alter them, and then only if it were to further the intent of the measure. Lawmakers lament that the current law ties their hands when it comes to correcting the unintended consequences of the act.

Snake and rat shot

Another bill would allow the use of a small-caliber gun within city limits if it’s loaded with snake or rat shot. Republican Rep. Jay Lawrence of Scottsdale is sponsoring HB2021, which would allow for the use of pellets that are 1.3 mm or less in diameter, and are loaded in a rimfire cartridge for a .22-caliber bullet or smaller. The argument is that snake and rat shot is not dangerous and would allow for residents to solve their own varmint problem, saving the time and cost of using city animal control resources.

Another effort toward marijuana legalization

Although voted down in the last election, a continuing effort is being made to legalize marijuana for recreational use. Two bills, HB2003 and HB2002, are sponsored by Democratic Rep. Mark Cardenas of Phoenix. HB2003 would legalize the drug for recreational use for those 21 and older, as well as make it legal for adults to possess up to an ounce of marijuana. HB2002 would make possession of up to an ounce of marijuana a civil crime carrying a penalty of up to $100, rather than a felony. Possession of up to two pounds would be a petty offense, while anything more than two pounds would be a Class 3 misdemeanor.

Civil asset forfeiture

Republican Rep. Bob Thorpe of Flagstaff is sponsoring a number of bills directed at changing how civil asset forfeiture is handled in the state. Civil asset forfeiture is a process by which law enforcement may seize property from those accused, but not convicted, of a crime. It has come under fire lately as unfair to those who have their property seized, because they are not entitled to the same rights to defend themselves as those accused of a crime.

HB2109 would require that any money obtained as a result of seizure or forfeiture that involved a drug or gambling offense not be distributed to or used by any law enforcement agency.

HB2098 would entitle those undergoing civil forfeiture proceedings to a public defender.

HB2010 would eliminate prosecutors’ ability to make “uncontested forfeitures.”

HB2111 would hand over administration of the proceeds of civil forfeitures to the Department of Revenue, rather than the Attorney General’s Office.