Legislative Updates 2004

Hi all! The Arizona Legislature has extended the session to May 14^th and it is likely that even that date is overly optimistic for sine die. There is still no budget although it does sound like the Senate may have a proposal on Monday. I think it is unlikely the House is even close. And as I indicated before, they still have not dealt with state trust lands. The proponents of the state trust land package are continuing to scurry about at the legislature, so they can round up 31 and 16 votes for this complicated, convoluted tome. It contains a 12 page constitutional amendment, an eight-page session law provision, and 100 pages of statutory changes. The proposal includes lands swaps — something that voters have rejected five times — the gutting of an important Supreme Court Decision for conservation (competition from conservation for grazing leases), and a giveaway of right-of-ways to numerous entities including the Arizona Department of Transportation. It also allows the Land Department to grant easements to utilities and other entities for less than the market rate. The proposal conserves a limited amount of land (3% plus or minus) and even that land is not adequately protected. Power lines, roads, and other types of easements are still allowed.

PLEASE CALL THE GOVERNOR AND ASK HER NOT TO CALL A SPECIAL SESSION ON STATE TRUST LANDS, NOT TO SUPPORT THIS PROPOSED “REFORM”, AND TO INSTEAD WORK ON A PROPOSAL THAT SERVES CONSERVATION AND THE SCHOOLCHILDREN OF ARIZONA. We can do better — a reform package that provides funding for conservation of these lands should be considered. To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. To email her, either click on this link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm

PLEASE ALSO CALL YOUR LEGISLATORS AND ASK THEM TO OPPOSE THIS MEASURE. It could surface at any point and they are likely to ramrod it through without much debate and they certainly do not want to give members a chance to read it.

PLEASE CALL HOUSE MEMBERS AGAIN AND ASK THEM TO VOTE NO ON SB1081 animal and ecological terrorism. This bill came out of the Committee of the Whole on Thursday where Representative Andy Biggs did a masterful job of avoiding questions, misrepresenting issues, and outright lying. I plan to write a letter to the Speaker of the House about Mr. Biggs’ conduct, but as the Speaker is the one who rewarded Joe Hart’s antics on this bill (Gavelgate ­ that was where he adjourned the meeting in the middle of the vote); I will not hold my breath for any action. We question the need for the legislation as well as the potential unintended consequences. The Sierra Club has long condemned violence, including that done in the name of protecting the environment. There are ample conditions under current law to prosecute those engaged in illegal conduct, however. We have strong laws against damaging property, trespass, arson and specifically damaging agricultural or lab facilities. They include 11-1023 Unauthorized release of animals; classification; damages, 17-316 Interference with rights of hunters; violation; classification, and 3-114 Liability for unauthorized destruction of field crop product; damages; definition, among others, and “Veggie Hate Crimes”, 3-113. Action for false claims against perishable agricultural food product; limitation; definitions.

HB2278 assured water supply certificate; assignment (Hart) awaits a Third Read in the Senate. It allows transfer of an assured water supply certificate under certain conditions. It now provides limited public notice, precludes any standing for the public to appeal or bring any kind of judicial action relative to the transfer, so you can comment, but if the agency ignores you, there is no opportunity to challenge the decision.

SB1085 solid waste fees (Allen, Blendu Huffman) is back. This is the bill that swipes half of the recycling tipping fee. They pulled it from Appropriations and it went through the Rules Committee on Thursday. They are still supposed to put a one year sunset on this in Committee of the Whole, so at least it will not be a permanent shift of these dollars.

HB2268 S/E solid waste program penalties (Huffman, Gullett, Hershberger, et al) removes the cap of $15,000 for civil penalties on a solid waste violation if there is imminent threat to public health or welfare or the environment. It sill awaits Committee of the Whole action in the Senate.

Legislators and the governor’s office are still meeting to meld into one bill HB2549 S/E Healthy Forests and SB1212 S/E Healthy Forests, the logging subsidy bills, and HB2127 S/E Healthy Forests, the measure to promote Firewise communities. It sounds like the discussions are going well, although HB2549 went through Rules in the Senate this week and we still have not seen any amendments or any indication of a final agreement. We are still asking that they support the following principles in the forest bills: Save the remaining old growth forests (only 5% is remaining in the southwest), protect the large, more fire resistant trees, target thinning efforts on small diameter trees (12” and smaller), and focus limited dollars on thinning and prescribed burns near communities at risk.

There has still been no action on HB2527 schools; solar equipment (Clark, Boone, Graf, and Mitchell) and HB2528 state buildings; solar standards (Boone, Clark, Graf, and Mitchell) in Appropriations. HB2613 taxation solar energy equipment (Graf: Boone, Carruthers, et al) still awaits action by the Rules committee. That bill provides a reduction in property tax valuation for commercial and residential systems extends the state personal income tax credit - up to $5,000 per residence and creates a state business income tax credit - up to $25,000 per building. HB2703 state buildings; energy savings (Boone, Graf), a bill which requires the Department of Administration to use the energy conservation fund to implement additional energy conservation measures in state buildings passed out of the Senate 26-0-4.

The Arizona Advocacy Network announces the 2004 Legislative Wrap-up Breakfast. Come and join fellow community members and leaders for the 2^nd Annual Legislative Wrap-up Breakfast.  We will take a look at what really happened at the legislature in 2004, how various organizations worked together to protect the future of Arizona, and how together we will make some changes in upcoming years! Event co-sponsors include the Arizona AFL-CIO, the Arizona Human Rights Fund, the Arizona League of Conservation Voters, Business and Professional Women, the Native American Community Organizing Project, Planned Parenthood of Central and Northern Arizona, Protecting Arizona’s Families Coalition and the Sierra Club, Grand Canyon Chapter. 

When:          Wednesday, May 19, 2004

                    Buffet breakfast at 8:30 am, Presentations begin at 9:00 am 

Where:         Wyndham Hotel

                    50 East Adams Street, Phoenix

Cost:            $20.00 in advance, $25.00 at the door (includes breakfast)

Presentations include: Chad Campbell, Arizona Advocacy Network Foundation
Measures we can expect to see on the ballot in 2004

Amy Kobeta, Planned Parenthood of Central and Northern Arizona
Women’s issues at the Capitol

Doug Kilgore, Arizona Education Association (invited)
Legislative education issues

Rebekah Friend, Arizona AFL-CIO
Labor issues impacting Arizona’s working families

Tim Schmaltz, Protecting Arizona’s Families Coalition
Winners and losers in this year’s budget

RSVP by May 12^th to Ben at bkearl@aznetwork.org/480.235.1069 or Chad at chad@azadvocacy.org/602.481.1966. 

Thanks again for all you do! 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) 926-3559 (Senate) or (602) 926-4221 (House). Correspondence goes to 1700 W. Washington, Phoenix, AZ 85007-2890. For more information on legislation go to http://www.azleg.state.az.us/.