Friday, February 29, 2008

HB 2769 and SB 1099 ~ Ban on Partial-Birth Abortion

Both the Senate and House gave tentative approval to a state ban on partial-birth abortion last week. You can read more about the bill’s progress in the Arizona Daily Star. A final vote in both houses could happen as early as next week.

UPDATE: HB 2769 passed out of the House today (along party lines) and heads to the Senate to begin the process there.

F.Y.I. ~ The Cost of a Proposal

To find out the potential estimated cost of a bill (fiscal note) visit the JLBC's webpage dedicated to this session's bills and their fiscal note.

JLBC fiscal notes usually use the "static" impact model as opposed to the "dynamic" impact model and because of this, can be at times, insufficient or incomplete in their projections. The static approach of evaluation the fiscal impact of a bill may be over or under estimated by ignoring the economic effects triggered by the bill.

JLBC ~ What's New?

Check out the new information on the Joint Legislative Budget Committee's "What's New" web page that includes a February 26, 2008 presentation on State and Local Debt. Also available are the monthly fiscal highlights (low lights) and an explanation on the state appropriations limit.

AZ Auditor General's Report on Classroom Dollar Spending

The Arizona Office of the Auditor General recently released a report on the percentage of dollar spent on classroom costs. You can look up specific school districts and see how they compare to the national average. There is also information how many schools are in the district, the number of students in said district and the district's ranking within the 239 state school districts.

Comparative information includes the student/teacher ratio, the average teacher's salary, and a teacher's average years experience.

Interesting reading from the report:

  • In fiscal year 2007, Arizona’s state-wide percentage of dollars spent in the classroom decreased for the third consecutive year to 57.9 percent and remains more than 3 percentage points below the national average. More than half of the school districts’ classroom dollar percentages declined in 2007, but the biggest impact on the state average came from declines in the very large districts. With the infusion over the past several years of significant state-provided resources largely directed to the classroom, the State’s classroom dollar percentage could have been higher, but districts appear to be using these monies to supplant other monies, a violation of A.R.S. §15-977.

  • Compared with the national average, Arizona districts spent a larger portion of their current dollars on student support services, plant operation and maintenance, and food service. However, on a positive note, Arizona districts spent much less on administration.

Simmering with Indignation

facing this deficit
the future before us bleak
painful cuts we have to make
so many troubling, so terribly deep

blindly borrowing against your future
she wants to grow and grow
greedy layers of government
gluttons fat and slow
spending your hard-earned money to excess
while my patience with her becomes less and less

Alright, you guessed it...tonight is amateur poetry night and, although it might hurt your ears if read aloud, it won't hurt your pocketbook

Tuesday, February 26, 2008

Where's the Budget?

While waiting for caucus to begin this morning I thought I would take the opportunity to post. No good news to share. With only a few days left in February and a budget crisis weighing heavily on my mind I am ashamed to say that there is no movement on the budget. The silence is deafening as focus on (terrible) bills moving forward in the process. The Appropriations committee which usually meets on Wednesdays has been cancelled this week. Appropriations Chair Russell Pearce just walked by; apparently the delay in voting on the proposed budget "fixes" is because the Senate does not have the votes. Looks like the House will continue to wait for action in the Senate as the budget problems worsen.

While Rome burns, we are reviewing over 60 bills in caucus. After we vet them I will attempt to post both the highlights and lowlights...stay tuned!

Stop the Bleeding ~ Commentary on SB1223

By Glenn Hamer

Arizona has an estimated physician shortage of over 2,200, based on 2005 findings. At 219/100,000, the physician to population ratio is well below the national average of 283/100,000. Although the number of doctors in Arizona increases each year, it's not enough to meet the demands of Arizona's growing population. In fact, every county in Arizona has been designated in part or whole as a Health Professional Shortage Area (HPSA).

These are troubling figures that should prompt Arizona to examine its medical environment. There is an increasing complaint among hospitals about the diminishing number of physicians willing to serve in emergency rooms. Having to assume additional medical liability is one factor that contributes to the decline in available ER physicians. A recent survey by the Arizona Medical Association showed 23 percent of physicians who do not currently take emergency department calls stated the primary reason was increased medical liability exposure.

A bill currently in the Arizona Senate would improve upon Arizona's medical liability environment by raising the burden of proof to "clear and convincing evidence" to show medical malpractice. The measure, SB 1223 introduced by Sen. Carolyn Allen, is currently working its way through the legislative process. This bill would make Arizona's liability environment more equitable for those providing emergency services. It would also stop the loss of doctors and start to replenish Arizona's supply.

In 2006, Governor Napolitano assembled the Emergency Medical Services Access Task Force to study ways to increase the number of physicians providing emergency and trauma care. The task force made numerous recommendations, including increasing the burden of proof to "clear and convincing evidence" in civil medical liability cases filed against physicians providing mandatory, emergency care. The task force said, "This reform is necessary because emergency department patients present unique challenges that make physicians less willing to assume their care, yet preserves the right of emergency patients to receive compensation in the event of clear and convincing evidence of a malpractice event."

Meeting our emergency medical needs is an issue of critical importance not only to Arizona's economic health, but its physical health. Raising the burden of proof for emergency services will improve access to emergency care for all. It would be malpractice for Arizona to ignore this issue and not initiate reforms to make Arizona ERs more attractive to doctors.

Glenn Hamer is president and CEO of the Arizona Chamber of Commerce and Industry.

Proposed Military and Veteran Related Bills

SB 1006 professional license extensions; military members
Prohibits the expiration of various professional and occupational licenses issued to members of the armed forces serving on active duty.

SB 1009 military reservations; facilities; security
An emergency measure that makes criminal trespassing on a military reservation or facility a class 6 felony, authorizes the Adjutant General to implement Department of Defense (DOD) security methods and requires new and current Department of Emergency and Military Affairs (DEMA) employees to have a fingerprint clearance cards.

SB 1034 wireless telephone contracts; military personnel
Allows military service members called on active duty or their spouses to cancel, without penalty, their wireless telephone service contracts.

SB 1035 military veterans; tuition waiver
The bill would provide tuition waivers to military veterans residing in the state to attend an Arizona community college or public university under the jurisdiction of the Arizona Board of Regents. Fiscal Note Available

SB 1169 military family relief; fund; committee
Expands the pool of individuals eligible to serve on the Military Relief Fund (Fund) Advisory Committee (Committee) and further defines and limits eligible assistance paid to military family members from the Fund.

SB 1277 task force; retraining disabled veterans
Creates a six-member Task Force for Retraining Disabled Military Veterans.

SB 1320 veterans’ home facility; appropriation extension
Extends the $10,000,000 appropriation for the state veterans’ home from lapsing until June 30, 2010.

SB 1334 compact; educational opportunity; military children.
Establishes the Interstate Compact on Educational Opportunity for Military Children (Compact) and the Interstate Commission on Educational Opportunity for Military Children (Commission) to address the educational transition issues of children of military families.

SB 1379 military installation fund; lands acquired
Allows the state land department to accept title to and manage real estate, property rights and related infrastructure and requires the Department of Veterans’ Services to transfer any real estate, property rights and infrastructure for preserving or enhancing military installations.

SB 1430 veterans’ home facility; appropriation extension
Extends the $10,000,000 appropriation for the state veterans’ home from lapsing until June 30, 2010.

SCR 1030 disabled veterans property tax exemption
Establishes a constitutional property tax exemption for disabled veterans or their unmarried surviving spouse.

HB 2026 veterans; game and fish licenses
Expands the requirements for veterans who can receive complimentary game and fish licenses.

HB 2223 retired military veterans; in-state tuition
Clarifies that members of the United States armed forces who are stationed in Arizona pursuant to military orders, their spouses, and their dependent children are entitled to immediate classification as an in-state student and allows an honorably discharged member of the USAF, who has not been domiciled in this state for one year, to be classified as in-state student if they are registered to vote in Arizona.

The proposed strike-everything amendment to HB 2223 clarifies that members of the U.S. military who are stationed in Arizona pursuant to military orders, their spouses and their dependent children are entitled to immediate classification as an in-state student. Additionally, the amendment provides for the transfer of educational benefits, to the extent permitted by Federal law, to dependents of an active U.S. armed forces member, a discharged veteran of the U.S. military or a member of the U.S. armed forces killed in combat.

HB 2249 military procession right-of-way
Provides regulations for those participating in and directing a military procession. The bill contains an Emergency Clause.
Amendment to the Strike-Everything Amendment
· Modifies the definition of a military procession to include vehicles accompanying a person who is being honored at a military event or a monument that is being transported in this state which honors United States military members or veterans.

HB 2260 military justice; technical correction
Makes a technical correction. Striker has been adopted that has changed the content of the bill.

HB 2261 national guard; technical correction
Makes a technical correction. Striker has been adopted that has changed the content of the bill.

HB 2519 health spa contracts; military members
Allows an active duty member of the U.S. military or the member’s legally designated representative to cancel or suspend a health spa contract within 90 days of receiving notice of active duty deployment outside of Arizona.

HB 2720 compact; educational opportunity; military children
Establishes the Interstate Compact on Educational Opportunity for Military Children (Compact) and the Interstate Commission on Educational Opportunity for Military Children (Commission) to address the educational transition issues of children of military families.

HB 2803 GPLET; military use zones
Establishes new notification and economic analysis requirements for leases and development agreements between a prime lessee and a government lessor that are entered into after May 31, 2008. Additionally, government property improvements located in military use zones are exempted for up to eight years from the Government Property Lease Excise Tax (GPLET).
Amendments
· Exempts leases or development agreements involving rental residential housing from the economic estimate analysis requirements of the Act.
· Narrows the definition of military use zone.

HB 2815 veterans’ home facility; appropriation extension
Extends the $10,000,000 appropriation for the state veterans’ home from lapsing until June 30, 2010.

HB 2821 accommodation schools; military reservations; board
Expands the definition of accommodation school. Establishes the requirements for the governing board of an accommodation school. Allows the board to include P.L. 81-874 assistance allocated for children with disabilities to children living within the boundaries of an accommodation school. Modifies the equalization assistance for education for accommodation schools.

HB 2846 tuition waivers; disabled veterans; spouses
The bill would provide tuition waivers to military veterans spouses or dependents who received a purple heart to attend an Arizona community college or public university under the jurisdiction of the Arizona Board of Regents.

HCR 2002 property tax exemption; disabled veterans
Establishes a constitutional property tax exemption for disabled veterans or their unmarried surviving spouse.
Amendments
Replaces the term household income with income from all sources.
Adds surviving spouses of those killed in action or a combat zone to those who qualify for a tax exemption.
Makes technical and conforming changes. Fiscal Note Available

HCR 2012 veterans’ honors
Resolves that the state legislature recognize the Black Star and Silver Star Service Banners to honor those veterans who have been wounded or disabled.

HCR 2031 military personnel; technical correction
Amends the constitution to state that any military personnel stationed in Arizona are not considered residents of the state.

Monday, February 25, 2008

Constituent Mail: Commentary On SB1214~Concealed Weapons;School Campus

SB1214 – Separating Fact from Hyperbole

As can be expected with any socially-charged topic, the issue of Sen. Karen Johnson’s (and co-sponsors) SB1214 has created quite a stir here in Arizona. Unfortunately, there is more emotion, exaggeration, and distortion of facts being bantered about than at a WWE ‘SmackDown’.

First and foremost, I’d place a huge wager that the vast majority of those lambasting this bill have never read it, nor the associated Arizona Revised Statutes (ARS) concerning firearms use, possession, carry, and related issues. Research SB1214 and ARS Title 13, Chapter 32 at http://www.azleg.gov/ and stop listening to the ignorant (uneducated) emotionally pontificate on this issue.

Let’s establish some foundational facts:
1. Federal Law already allows certified CCW licensees to carry weapons on school grounds (18 USC § 922(q)(2)(B)(ii)) – unless otherwise restricted by local law. Some states (e.g., Utah) do not restrict CCW carry on campuses, and there are no ‘wild west shoot outs’ as a result.
2. Legal concealed weapons carry is already the law of Arizona. CCW licensees are subjected to an extensive law enforcement check, where any significant prior infractions disqualify an applicant. Applicants are required to be 21 or older, attend regulated mandated training including firearms use, safety, laws, and legal briefings on use of deadly force. Applicants must pass safety and practical shooting exams at a range – under supervision of certified instructors.
3. Most CCW holders are experienced firearms owners/operators – all have passed the training and investigation. Many, like me, are current or former military with extensive weapons training. Because we are conscientious no-nonsense folks, the general public isn’t even aware we are armed in the grocery stores, gas stations, malls, cinemas, and convenience stores you frequent.
4. Despite the Chicken Little-like cries of anti-gunners, Arizona did not fall into chaos when licensed CCW became state law in 1994. You don’t see licensed CCW holders shooting jay-walkers and candy-bar shop lifters like the anti-gun folks warned. Nor have any of the 48 states which have codified their citizens’ rights granted under the U.S. Constitution (that would be the 2nd Amendment to those who never read that either) had systematic problems with CCW holders. (Note: most states, like AZ, have ‘shall issue’ CCW laws, another 8 have ‘may issue’ laws.)
5. SB1214 does not require anyone to carry a weapon, anywhere. SB1214 does not demand that anyone use a weapon, in any circumstance. Distortions and outright lies aside, SB1214 will not arm students and teachers around AZ. It forces no one to do anything.
6. Sen. Johnson’s bill proposes that individuals, meeting rigid state-sanctioned requirements, be permitted (not required or obligated) to carry a weapon in the heretofore ‘gun free school zones’ should they wish; same as we do in our homes, businesses, stores, parks, etc. This harmonizes state law with federal.
7. While many violent criminals and murderers are mentally deficient – few are so stupid as to plan an attack on an armed target. Claims that such persons don’t “think clearly or logically, so he would not reason through the possibility of confrontation with an armed teacher” (a.k.a. victim) lacks credibility and logic. Why do these same attackers target schools (a.k.a. ‘gun free zones’) instead of police stations, National Guard Armories, Military Installations, or even sportsmen at the local gun club/range?
8. Even the suicidal psychopaths that eventually take their own lives are looking for soft targets to maximize their demented 15-minutes of fame. Armed trained adults on campus might not totally deter such psychos – but they might be able to end their carnage while the victim count is still low. (Case in point: 09-Dec-07, an armed CCW church member in Colorado stopped Matthew Murray before he killed anyone inside the church; he had previous killed 2 people at a missionary training facility and 2 people in the church parking lot. After being incapacitated by the experienced CCW licensee, Murray killed himself.)

Much of the anti SB1214 propaganda has been by teachers. Those I have read recite the same disingenuous fear-based nonsense that permitting guns on campus will result in more random violence… shootings over hallway scuffles and lunch line cuts. In their illogical world, CCW holders who carry and behave responsibly everywhere else in the state will suddenly become idiots when on a school campus. I think not.

Some teachers have stated they don’t want to carry guns; great – they shouldn’t. But their fear, inexperience, and lack of training should not preclude those who are properly trained and motivated from doing so.

SB1214 is a good idea – one which gets the full support of citizens like myself who are willing, able, and fully qualified to protect myself and/or my charges.

Respectfully,
Joe Walker
Nationally Certified Firearms Instructor
AZ State Certified Firearms Instructor
Former US Army Officer (Ranger, Airborne)

Joe Walker has been an avid shooter since childhood; he was raised around firearms and learned their safe and effective use at an early age. He became a certified shooting instructor while competing on his university’s rifle team in the mid-1970s. Later, he received advanced precision long range shooting training with the US Army and served as the Captain of one of the Army’s installation Rifle & Pistol Teams. He has participated in civilian and military shooting competitions domestically and internationally. He is a nationally certified firearms instructor and an Arizona State certified CCW course instructor. He has an AZ CCW license and is a decorated veteran Army Officer.