Legislative Updates 2006

Sierra Club 2006 Legislative Update #9

March 10, 2006

Hello Conservation Friends!  Despite the plethora of bad measures moving through the legislative process, a couple of positive pieces of legislation have also managed to move forward this week.  SB1438 unlawful feeding of wildlife (Hellon: Cannell, L. Lopez) passed out of the Senate 22-8 (see below for more information) and SB1350 pesticides; child care facilities; notifications (Allen) moved through Committee of the Whole and was on a Third Read calendar for Thursday.  The senate suspended actions, however, when Senator Jarrett had a health emergency.  At this writing, she is in critical condition.  Our thoughts are with her and her family

Among the many really bad measures is SCR1035 food and agricultural security (Flake, Arzberger, Jarrett, et al).  It refers to the ballot a measure that says only some unnamed agency that the legislature designates has the authority to enforce or adopt both laws and administrative rules that govern agriculture.  The measure includes a ban on any law or rule that would limit or restrict production of agricultural products except for those laws or rules that are for the protection of public health and safety, necessary to comply with federal law or laws or rules, etc.  Most environmental laws are either to comply with federal law and/or to protect the public health and safety.  Irrespective of that, this measure is just plain bad.  It awaits action by the Senate C.O.W.  OPPOSE.

Please call Senators and ask them to oppose SCR1019 S/E Private Property Rights Protection Act and ask House members to oppose HCR2031 S/E Private Property Rights Protection Act.   These bills refer to the ballot measures that require governments to compensate property owners for nearly every zoning or land use decision they make.  If adopted, these measures would either have a huge negative financial impact, draining funds from important public services, or, more likely result in no enforcement of land use protections.  The current zoning in cities, towns and counties would be effectively frozen, preventing government from responding to future community concerns, including possible re-zoning for protection of sensitive areas.  Legislators are muddying the waters by combining this with some limitations on eminent domain.  Please let them know we want and need stronger land use protections, not a measure that guts what we have.  It would be great if Southern Arizona could focus on Senator Bee and let him know you oppose these measures.  He is helping to lead this effort. OPPOSE.   Leg isolator contact information is at http://www.azleg.state.az.us/MemberRoster.asp

Please call the following senators and thank them for voting yes on SB1438 unlawful feeding of wildlife: Aboud 926-5262 paboud@azleg.gov ; Aguirre 926-3830, laguirre@azleg.gov; Allen 926-4480  callen@azleg.gov ; Arzberger 926-4321 marzberger@azleg.gov; Bee 926-5683, tbee@azleg.gov ; Brotherton 926-4485, bbrotherton@azleg.gov; Cannell, 926-4139  rcannell@azleg.gov ; Cheuvront 926-5325 kcheuvront@azleg.gov ; Flake 926-5219, jflake@azleg.gov ; Garcia 926-4171 jgarcia@azleg.gov; Gray 926-3376  lgray@azleg.gov ; Hale 926-4323 ahale@azleg.gov , Hellon 926-4326 thellon@azleg.gov ; Huppenthal 926-5261 jhuppenthal@azleg.gov; Leff 926-4486 bleff@azleg.gov ; Martin 926-5284, dmartin@azleg.gov;  R. Miranda 926-5911, rmiranda@azleg.gov; Mitchell 926-4124 hmitchell@azleg.gov ; Rios 926-5685,  rrios@azleg.gov , Soltero 926-5342 vsoltero@azleg.gov ; Tibshraeny 926-4481 jtibshraeny@azleg.gov ; and Waring 926-4916 jwaring@azleg.gov .  Please take the time to thank Senator Hellon for sponsoring this bill and helping to work it through the process.  She has been getting criticism from people who do not understand the negative consequences of feeding wildlife.

This measure makes it a petty offense to feed wildlife intentionally in Pima and Maricopa Counties and excludes tree squirrels and birds and people who are in the process of hunting or fishing or people who are engaged in wildlife management activities.  Feeding wildlife puts people and the animals at risk.

Check out the Legislative Tracker at http://arizona.sierraclub.org/political_action/tracker/ .

Coming up this week at the Legislature (agendas can change throughout the week, not all bills are listed):

Monday, March 13

House Committee on Natural Resources and Agriculture at 9:00 a.m. in House Hearing Room 5

SB1409 domestic water improvement districts; wastewater (Flake, Brown: Konopnicki) allows a domestic water improvement district to provide domestic wastewater service.  It seems fine.

SB1468 Arizona trail (Allen, Arzberger, Flake, et al) appropriates $500,000 for the Arizona trail and memorializes Bob Stump.  SUPPORT.

Senate Committee on Judiciary at 1:30 p.m. in SHR1

HB2373 NOW: Supreme Court opinion; single subject (Knaperek, Pearce: Biggs, et al) directs the Attorney General to request that the Arizona Supreme Court determine whether an initiative that proposes an amendment to the Constitution contains a single subject.  It requires the petitioner to submit at least 10 percent of the required number of signatures to the Secretary of State for a preliminary tally no later than March 1 of the year in which the proposed Constitutional amendment is to appear on the ballot, so it does now provide a minimum viability requirement.  We are still concerned about some language relating to the courts deciding whether to refer measures separately.  That should be up to the petitioners. WATCH.

HCR2019 NOW: initiative; single subject; court review (Knaperek, Pearce: Biggs, et al) refers to the ballot a measure which requires the Arizona Supreme Court to determine whether a citizen initiative contains more than one proposed amendment before the proposed measure goes to the ballot.  OPPOSE.  

Tuesday, March 14

Senate Committee on Appropriations at 1:30 p.m. in SHR1

HB2835 Arizona water settlements act; implementation (J. Weiers) implements some of the provisions regarding the water settlements with Native American tribes and allows the state to bank water for the tribes to meet the conditions of the Gila River Indian Tribe Water Settlement.  WATCH.

Wednesday, March 15

Senate Natural Resources and Rural Affairs Committee at 1:30 p.m. in Senate Hearing Room 109

HB2036 stagnant water; pest control; notice (Barnes) will have a Strike Everything Amendment that deals with west nile virus; county notification. WATCH.

HB2429 solar energy tax incentives (Mason, Boone, Chase, et al) raises the amount of residential tax credit for installation of solar devices from $1000 to a maximum of $2000 and up to $5000 in solar tax credits per residence.  It establishes commercial solar tax credits that allow a 10% credit for the installation of solar energy devices for commercial or industrial purposes in a trade or business located in Arizona, which is limited at $25,000 with respect to the same building annually and $50,000 annually per company.  There is an annual cap of $7 million on the commercial tax credit. SUPPORT. 

HB2431 NOW: affidavit of disclosure; water service (Mason, J. Burns, Burton Cahill) provides additional information on an affidavit of disclosure for a lot split that indicates if the property is served by a private water company, a well, or a municipal provider, and that the Department of Water Resources may not have determined the water adequacy. SUPPORT.

HB2639 earth fissure maps (Nelson, Nichols) requires Arizona Geological Survey to submit earth fissure maps to the land department.  It no longer includes the immunity language.  WATCH.

Thanks for your help and support! 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/ .