Legislative Updates 2005

Hi all! Well we can celebrate this Friday the 13^th as having brought us a bit of luck. Early this morning the Arizona Legislature made and passed the motion to sine die. That means they have done all the damage they can do this year ­ unless of course there is a special session. We are busy working on the Environmental Report Card to give the legislators their final grades and recognition. That should be ready next week or early the following week at the latest. We are waiting to see what the Governor does with a couple of bills.

The best news this week was when Robert Hernbrode was confirmed by the Arizona Senate and now replaces Sue Chilton on the Arizona Game and Fish Commission. We can say adios to one of the worst and most hostile commissioners we have seen and welcome someone who knows and cares about wildlife.

As you saw in the news release, the Governor signed the forest bill. It was disappointing but not unexpected. It is also looking like she may sign one other bill that she vetoed earlier in the session. — SB1166 NOW: terrorism; animal; ecological (Verschoor). This bill establishes a new definition of terrorism in the racketeering section of the laws even though the law already contains a clear definition of terrorism and even though the conduct the sponsors said they wanted to cover is already covered in other sections of law. We have strong laws against damaging property, trespassing, and arson and even specifically against damaging agricultural or lab facilities. It is one of several examples of a bills that were vetoed and then later resurrected through a strike everything amendment. The bill represents more of a political agenda rather than an attempt to solve any real problems. 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 of this nature, however. This bill is unnecessary. Please ask the Governor to veto this legislation.

Also, ask her to veto HB2328 local ballot questions; full disclosure (Gray C.: Anderson, Chase, et al), another one of the late session resurrections. This measure requires the Legislative Council to prepare an “impartial analysis” as well as the “yes” and “no” language for county ballot measures that are authorized by the Arizona Legislature. This is a really bad idea. While the Legislative Council staff generally does a good job of drafting these analyses, very often the legislators on the Legislative Council committee amend them and produce biased analyses. On many occasions ballot measure committees have successfully challenged these analyses (the courts have found that they were anything but impartial.) Our experience with the Citizens’ Growth Management Initiative is just one example. The Legislative Council committee rejected the staff drafted analysis and instead adopted the analysis presented by the Central Arizona Homebuilders Association. Now if you think the Homebuilders are impartial on growth management, well, I have some nice coastal property in Arizona to sell you. The courts agreed that it was not “impartial.” Taking this already flawed process and applying it to county ballot measures where the Legislative Council is likely to have even less knowledge on the issues is even more of a problem.

To reach the Governor, call 602-542-4331 or toll free 1-800-253-0883. Her fax number is 602-542-1381 and her address is 1700 West Washington, Phoenix, Arizona 85007. To email her, either click on the following link or cut and paste it into your server http://www.governor.state.az.us/post/feedback.htm

In addition to calling the Governor, please thank the 19 Representatives and six senators who voted no on SB1166. They include Representatives: A. Aguirre aaguirre@azleg.state.az.us 926-4430; Alvarez malvarez@azleg.state.az.us 926-5895; Burton Cahill mbcahill@azleg.state.az.us 926-5896; Cajero Bedford ocajerob@azleg.state.az.us 926-5835; Downing tdowning@azleg.state.az.us 926-5108; Gallardo sgallard@azleg.state.az.us 926-3392; M. Garcia mgarcia@azleg.state.az.us 926-5830; Hershberger phershbe@azleg.state.az.us 926-5839; Kirkpatrick akirkpat@azleg.state.az.us 926-5160; Lopes plopes@azleg.state.az.us 926-3278; Lopez llopez@azleg.state.az.us 926-4089; Lujan dlujan@azleg.state.az.us 926-5829; McCune Davis ddavis@azleg.state.az.us 926-5412; Meza rmeza@azleg.state.az.us 926-3425; B. Miranda bmiranda@azleg.state.az.us 926-4893; O’Halleran tohaller@azleg.state.az.us 926-4079; Prezelski tprezels@azleg.state.az.us 926-3424; P. Rios prios@azleg.state.az.us 926-5761; Tom atom@azleg.state.az.us .

And they include Senators: Aguirre laguirre@azleg.state.az.us (602) 926-3830, Brotherton bbrother@azleg.state.az.us 926-4485, Garcia jgarcia@azleg.state.az.us 926-4171, Giffords ggifford@azleg.state.az.us , Mitchell hmitchel@azleg.state.az.us 926-4124, Rios rrios@azleg.state.az.us 926-5685. (All numbers are 602. You can also use the 1-800 number listed above.)

Quick Updates:

SB1380 NOW: solar energy (Martin) was neutered in conference committee and then failed in the Senate. It provides for residential and commercial tax credits for solar energy devices. There are limits on the credits. This helps open the door for more solar development in Arizona which would benefit public health and the economy and create more energy independence.

SB1393 aggregate mined land reclamation act (Flake: Johnson, Soltero et al) was amended in conference committee and improved significantly. This bill establishes the mined land reclamation division at the mine inspector’s office and puts the reclamation for sand and gravel solely under the purview of the state mine inspector, a cheerleader for mining industry.

Thanks for all your help and support this session! I will send out the report card when it is complete and will invite you to the release. To email legislators go to http://www.azleg.state.az.us/MemberRoster.asp If you are not sure who your legislators are, please go to http://www.vote-smart.org (You will need your 9-digit zipcode.) or call the House or Senate information desks. If you're outside the Phoenix area, you can call your legislators’ offices 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/ .