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Legislative Updates 2003

To: Conservation Friends

From: Conservation Outreach Director, Sierra Club

Date: May 9, 2003

Re: Legislative Update #17

Hi all!  There appears to be little progress in resolving the state budget.  It could be they will wait to resolve it until the deadline on June 30.  Nothing good can come of them being in session that long.  It usually means that bad ideas that were rejected earlier surface once again, people get really cranky, and the public suffers.  Thanks for your calls, letters, and emails.  It does make a difference.  Please continue to let legislators know that you support the Heritage Fund.  They are trying to take $10 million and use $1.8 million of it for the Commission on the Arts.  While the Commission on the Arts is important, it should not be funded with Heritage Fund.  These dollars are for parks and wildlife and that is where they should remain, per the voters.

After a number of legislators flip-flopped on their votes, , the final result was passage of HB2436 on a vote of 31-24-5 (Biggs, Huffman, Laughter, Nelson, and O'Halleran were absent.) Please thank those who opposed it.  They include the following Representatives:  Aguirre, Alvarez, Boone, Bradley, Burton Cahill, Bustamante, Cajero Bedford, Clark, Downing, Farnsworth, Gallardo, C. Gray, Jackson, Jr., Johnson, Landrum Taylor, Lopes, Lopez, Loredo, McClure, McCune Davis, Miranda, Prezelski, Straughn, and Stump. 

Please call or email Governor Napolitano immediately and ask her to veto HB2436 municipal ballot measures; required signatures (Arnold: Chase, Flake, et al). Phone her at 602-542-4331 or 1-800-253-0883. To email her go to http://www.governor.state.az.us/post/feedback.htm.   The bill authorizes the use of an alternative basis for computing the number of necessary signatures required to file a referendum petition in a municipal election in cities and towns with 50,000 or fewer people.  It allows these 76 cities and towns to change the basis for calculating the number of signatures from 10% of the people who voted in the last election to 10% of ALL registered voters in the city or town.  This would make it very difficult to do a referendum in these smaller communities.

We oppose this measure because:

• It sets up tougher standards for referenda in smaller communities than for large ones.  Why should it be easier to do a zoning referendum in Phoenix than it is in Sierra Vista or Apache Junction?  This poses some important equal protection questions; there will be different standards for different communities relative to this important constitutional right. 
• It is not addressing any real problem.  In most communities there are few if any zoning referenda.  When a zoning issue is referred, it is generally because it is controversial.  It is appropriate to look closer at these controversial proposals and allow the greater community to address it.  Citizen zoning referenda are not overly restricting development in our state.
• The right to refer measures is an important right and therefore should not be considered too costly.  Referenda do not require a special election; they go on the next general election ballot for the community, so there is not a great expense involved.
• Finally, it is not the best way to increase the required number of signatures.  If communities are concerned about the low number of signatures required to place a measure on the ballot, they should focus on increasing voter turnout, not on shutting the public out of this important process. 

Please call senators and ask them to oppose SB1138 (NOW: outdoor advertising; electronic messages) (Martin, Blendu, et al.)  SB1138 passed the House 31-28-1.  It overturns 33 years of sound public policy by deleting the prohibition on electronic billboard displays adopted in 1970 Arizona Highway Beautification Act. The level of brightness of the proposed electronic message displays are not limited by the bill and as such will result in more light pollution in our night skies.  Yes to seeing the stars, no to this bill.

And for a bit of good news, SCR1011 NOW: tax increase by initiative; vote (Jarrett) failed in the House 25-34-1, so there is one less bad ballot measure.  This bill requires an initiative or referendum that increases state revenues to have a two-thirds vote on the ballot.  Considering few measures pass with a two-thirds vote, this would hamstring efforts to get additional funding for preservation, for wildlife, or for any other program.  Please thank the following representatives for voting no:  Aguirre, Alvarez, Arnold, Bradley, Burns, Burton Cahill, Bustamante, Cajero Bedford, Carruthers, Chase, Clark, Downing, Gallardo, Gullett, Hershberger, Hubbs, Huffman, Jackson, Jr., Jayne, Landrum Taylor, Lopes, Lopez, Loredo, McClure, McCune Davis, Meza, Miranda, Nelson, O'Halleran, Prezelski, Robson, Straughn, Thompson, and Wagner.  (Huppenthal was absent.)

Here is an update on other bills:

SB1071 (NOW: land conservation fund; grazing; agriculture) (Brown) shifts $2 million dollars per year of the Growing Smarter dollars to a new fund called the "Livestock and Crop Conservation Fund."  This new fund will be administered by the Department of Agriculture.  Currently the State Parks Board administers these dollars.  This bill highlights a bad program and an example of the legislature trying to pull one over on the voters, violating the Voter Protection Act, and giving handouts with no public benefit.  The bill went to conference committee, where they added additional public review and also some minimal requirements for the ranchers who get these dollars.  This program diverts dollars away from conservation of state trust lands (as the voters intended) and from the Trust beneficiaries (primarily the public schools).  It should be eliminated.

SB1347 recreational corridor channelization districts (Blendu, Burns, Brotherton, et al) establishes a task force that can look at establishing these districts to construct and operate recreational facilities in a floodway during and after mining activities.  They have to come back for legislation in order to actually establish a special taxing district.  This passed the Senate 27-2-1 and was transmitted to the Governor. 

HB2088 well administration and enforcement (O'Halleran, Carruthers, Gullett, et al) establishes a fee for a notice of intent to drill a well.  It will cover monitoring and enforcement.  The Governor signed the bill.

HB2478 water status report; DWR (O'Halleran, Flake, Carruthers et al) requires the Department of Water Resources to brief the committee responsible for water regarding drought, water supplies, etc.  This was amended to include a measure that allows for additional groundwater pumping in the Yuma basin and transfer into the Colorado River.  It awaits final action in the House.

HB2479 forest status reports (O'Halleran, Flake, Laughter, et al) requires the state forester (land commissioner) to brief legislators on forest management.  This awaits Senate C.O.W. action.  It is hard to know what mischief they are up to with this. 

To email senators go to http://www.azleg.state.az.us/MemberRoster.asp  and for house members to http://www.azleg.state.az.us/MemberRoster.asp#house. If you are not sure who your legislators are, please go to http://www.vote-smart.org/index.phtml or call the House or Senate information desks. If you're outside the Phoenix area, you can call your legislator's office toll free at 1-800-352-8404.  In the Phoenix area call (602) 542-3559 (Senate) or (602) 542-4221 (House).  Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. For more information on legislation go to http://www.azleg.state.az.us/.   

Sandy Bahr
Conservation Outreach Director
Sierra Club - Grand Canyon Chapter
202 E. McDowell Rd, Suite 277
Phoenix, AZ 85004
Phone (602) 253-8633 Fax (602) 258-6533
grand.canyon.chapter@sierraclub.org

Page updated: 05/09/03

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Sierra Club, Grand Canyon Chapter, 202 E. McDowell Rd, Suite 277, Phoenix, AZ 85004, (602) 253-8633