Friday, March 28, 2008

A Plea To My Colleagues

According to the Parks Department, in 2003 – the last year for which figures are available -- 43 percent of SLIF funds were generated in Mohave County, which means boating on Lake Havasu. The next closest contributor was Maricopa County at 18 percent.

When you consider the high percentage of boaters from out of state that visit Lake Havasu, I think it is reasonable to conclude that about one quarter of money that flows into the SLIF fund each year comes from out-of-state. In effect, we are taxing our own customers to pay for improvements and public safety on the Lake. These improvements, and public safety spending in turn, create facilities and an environment that attract additional visitors to Lake Havasu. Let me ask you to look at this a different way: Some of the money that is in the SLIF fund now, is directly attributable to SLIF funded facilities that were approved by this committee in the past ten years.

If you sweep funds earmarked for improvements on the busiest lake in the state, then you WILL also reduce SLIF funds for years to come. And keep in mind, much of that money comes from out-of-state.

I understand that we all face a difficult budget next year. But I ask if you must cut SLIF funding (or preserve the option of cutting such funding in the future) – do so with a scalpel and not a meat axe. Let the projects that will boost revenues in Mohave County move forward today and delay a decision on the other SLIF grants until after the budget is completed.

Thursday, March 27, 2008

Illegal Immigration Legislation

NOTE: The following is list of important bills from my good friend, State Representative Russell Pearce, who asked me to pass along this information.


HCR2039 that eliminates ALL sanctuary policies that restrict law enforcement from enforcing immigration law and creates a Trespass provision for anyone that enters or remains in Arizona in violation of federal law.

ENDORSED: Phoenix Law Enforcement Association, NAILEM, along with Sheriff Joe and County Attorney Andy Thomas.HCR2063; the election of Superior Court Judges in Maricopa and Pima Counties like currently exist in the other 13 counties. In Maricopa County after 78% of the public passed Prop. 100 last November, judges set bond for 94.7% of illegal aliens who were arrested for serious felonies all in violation of the Constitution as Amended by 78% of the public. (ENDORSED BY SHERIFF JOE AND ANDY THOMAS AND THE STATE REPUBLICAN PARTY)

HCR2041; This eliminates all affirmative action programs in the state. Does not stop proper exceptions for proper work discrimination. (supported by Andy Thomas and about 80% of the public)

HB2625; Goes after Commercial activities (smuggling, drop houses, etc) and allows the properties to be seized, including vehicles, also requires landlords or renting agents to not knowingly or recklessly rent to any illegal alien with up to $250 per day for any violations.

HB2745; Employer Sanctions HB2745 is strengthening HB2779. In 2007, the Legislature passedHB 2779: fair and legal employment act, establishing the most comprehensive employer sanctions legislation in the country. As is a result with most legislation, it is necessary this year to follow with a clean-up bill in order to clarify any unanticipated, and unintended, consequences of last year's legislation and strengthen the current language. At this time we will continue with the initiatives unless we get a real deal with the folks pushing the illegal employers initiative to drop theirs first. I do believe we have a good law, much stronger than the initiative in many ways, but if theirs pass it will gut our law. (ENDORSED BY EAST VALLEY CHAMBER OF COMMERCE, SEVERAL OTHER CHAMBERS, ARIZONA REPUBLICAN PARTY, AND MANY BUSINESSES AND OVER 80% OF THE PUBLIC)

HB2751; Returns the NO Drivers License to a Criminal violation, so one does not have to release someone with no ID and potential fugitive from justice, etc. Discretion of officer like it use to be (Supported by all of law enforcement)

Constituent Mail ~ Arizona Marriage Referendum

NOTE: I will be voting to send this issue to the ballot so that the voters may voice their support or opposition to this proposal.

Dear Representative Groe:

I urge your support of HCR2065/SCR1038, which would put a marriage amendment to the state constitution on the November ballot. The amendment would state: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state."

Marriage is so important that it is uniquely protected in the law and culture. It predates the law and the Constitution and is an anthropological and sociological reality, not primarily a legal one. No civilization can survive without it, and those societies that allowed it to become irrelevant have faded into history.

Please vote "yes" on HCR2065/SCR1038 - the Arizona marriage referendum. I look forward to hearing from you on this matter. It is very important to me and my family.

Sincerely,

Mr. and Mrs. Joe Public

Photo Radar ~ Big Money Maker

Just heard on the news that the City of Scottsdale has made over $2 Million Dollars since installing photo radar cameras two years ago.

Wednesday, March 26, 2008

HB2132 ~ Points to Ponder

UPDATE: This bill is being held in the Senate by Chairman Bob Burns.

1. This is probably the only water with an industrial only designation, but that doesn't make it a good thing. Local officials should be who decide which is the best use at any given time. Certainly Kingman, LHC, BHC and MVIDD all have water which is used by industry and all are recruiting additional industry. Related issue : do high water use industries make sense in a desert?

2. Industry certainly could have used the temporary water since it could have been leased to them long term. We also had permanent water which could have been leased to an industry. We have not been approached by a single industry seeking water since our formation in 1996. No doubt it is more valuable as a permanent supply but , again, who should be making decisions on the best use of water in our local communities?

3. It is prudent to take steps to avoid losing this water under the "use it or lose it" doctrine. Kingman's allocation would have been lost to the Phoenix area if MCWA had not been formed to facilitate its transfer to Mohave County's river communities.

4.. If there were a reasonably priced way to get Colorado River water to Griffith Energy and nearby industrial properties the City of Kingman would have kept their allocation. The construction and operating costs of such a pipeline are cost prohibitive for such a small (3500a/f) amount of water.

House Water and Ag Agenda

HOUSE COMMITTEE ON WATER AND AGRICULTURE

DATE: Thursday, March 27, 2008
ROOM: HHR 1
TIME: 9:30 A.M. NOTE TIME CHANGE
Members:
Mr. Alvarez Mrs. Pancrazi Mr. Tom
Mr. Brown Mr. Paton Mr. Kavanagh, Vice-Chairman
Ms. Burns J Mr. Stump Mrs. Mason, Chairman
Mrs. Groe

Bills

SB1120
_____
navigable stream adjudication commission; continuation
(Flake, Brown, Burns J, et al)
WA, RULES

SB1158
_____
continuation; veterinary medical examining board
(Gray C, Nelson)
WA, RULES

*SB1168
_____
department of agriculture omnibus act
(Arzberger, Aguirre, Landrum Taylor, et al)

SB1181
_____
Arizona beef council; sunset continuation
(Flake)
WA, RULES

*SB1289
_____
flood protection districts; financing
(Flake)

SB1326
_____
exempt wells; internal reference corrections
(Flake, Aguirre, Arzberger, et al)
WA, RULES

*SB1373
_____
poultry husbandry
(Burns, Aguirre, Arzberger, et al)

*SB1380
_____
drought emergency groundwater transfers
(Arzberger, Hale, Miranda, et al)

SB1394
_____
racing; commission; department; continuation
(Gray C)
WA, RULES

*If assigned

Tuesday, March 25, 2008

Third Read Calendar for Wednesday, March 26, 2008

ARIZONA HOUSE OF REPRESENTATIVES
Forty-eighth Legislature - Second Regular Session

THIRD READING CALENDAR

Wednesday, March 26, 2008

Bill Number Short Title Committee Date Action

HB2111 department of revenue closing agreements
(Now: tax credit; charter schools; contributions)

SPONSOR: YARBROUGH

HB2117 CORP; disability retirements
(Now: CORP; member contributions; disability)
SPONSOR: MCCLURE

HB2127 ASRS; LTD; unclaimed monies
SPONSOR: MCCLURE

HB2141 home sales; water supply disclosure
(Now: water supply status; disclosure)
SPONSOR: ABLESER

HB2250 organization special plates; personalization
SPONSOR: WEIERS JP

HB2258 civil air patrol; hangar space
(Now: civil air patrol; funding)
SPONSOR: NICHOLS

(ON RECONSIDERATION)
HB2339 I didn't pay enough fund

SPONSOR: BURGES

HB2371 critical infrastructure; pipelines; review
SPONSOR: CAMPBELL CH

HB2440 condominiums; planned communities; political petitions
SPONSOR: NICHOLS

HB2522 state board of accountancy; terms.
(Now: adjutant general; term of office)

SPONSOR: CRANDALL

HB2527 JTEDs; adult students
SPONSOR: CRANDALL

HB2557 schools; standards; PE; art; music
SPONSOR: ANDERSON

HB2571 low income housing; property tax
SPONSOR: DRIGGS

HB2589 income tax credit; other states
SPONSOR: CRANDALL

HB2622 prime contracting classification; contract services
(Now: exemption; preconstruction services)

SPONSOR: BOONE

HB2640 public officers; financial disclosure
SPONSOR: MURPHY

HB2652 homeland security councils; coordinating; advisory
SPONSOR: BROWN

HB2696 schools; American competitiveness project fund
SPONSOR: SCHAPIRA

HB2723 community facilities districts; counties; limited areas.
(Now: special districts; excise tax)
SPONSOR: TOBIN

HB2726 emergency management; compensation; determination
(Now: condominium statutes; applicability)

SPONSOR: NICHOLS

HB2740 graffiti; parent responsibility
SPONSOR: CAMPBELL CH

HB2759 legislative vacancies; precincts; election
SPONSOR: MIRANDA B

HB2766 omnibus energy act of 2008
SPONSOR: MASON

HB2788 misconduct involving weapons; vehicles
SPONSOR: MCGUIRE

HB2802 newborns; testing; confidentiality
SPONSOR: NELSON

HB2816 schools; TAPBI programs
SPONSOR: CRANDALL

HB2822 pest control; department of agriculture
SPONSOR: CRANDALL

HB2829 workers' compensation; employee misconduct
SPONSOR: MCCOMISH

HB2842 forgery; drop house property transactions
SPONSOR: DRIGGS

HCR2016 US senator advisory election; repeal
(Now: statewide transportation plan; recommendations)
SPONSOR: NELSON

HCR2026 redistricting commission; elected members
SPONSOR: PATON

HCR2028 recognition of Indian tribes
SPONSOR: CHABIN

HCR2041 discrimination; preferential treatment; prohibition
SPONSOR: PEARCE

Senate Judiciary Committee Agenda

Agendas can be viewed at http://www.azleg.state.az.us/CommitteeAgendas.asp

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Senate Secretary’s Office, (602) 926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.

COMMITTEE ON JUDICIARY

DATE: Monday, March 31, 2008
TIME: 1:30 P.M.
ROOM: SHR 1

SENATORS: Cheuvront Miranda Gould, Vice-Chairman
Hale Waring Gray C, Chairman Johnson


1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Consideration of Bills

Bills

Short Title
Subject of Strike Everything
Amendment

HB2190
____
constable ethics; board; membership(Driggs)

HB2207
____
sentencing; reorganization(Farnsworth, Adams, Biggs, et al)

HB2321
____
identity theft; factual innocence(now: factual innocence; judicial determination; procedure)(Driggs, Pancrazi, Schapira, et al)

*HB2451
____
election security provisions(Reagan, Barto, Paton, et al)

HB2478
____
redaction orders; expiration; notice; funds(Adams: Crandall, Crump, et al)

HB2480
____
aggravated luring; minors; sexual exploitation(Adams: Burges, Campbell CH, et al)

HB2623
____
constables; peace officers status(Pearce, Burges, Burns J, et al)

*HB2660
____
joint; several liability; criminal offenses(now: obscene or dangerous material; liability)(Nichols)

HB2793
____
census; precinct line freeze(McComish: Clark)

HB2813
____
ballot measures; publicity pamphlets(now: civil action; affirmative defense)(Kavanagh)

**HB2842
____
forgery; drop house property transactions(Driggs, Paton: Adams, et al)


*Pending Committee Assignment
**Pending passage by the House, Introduction, First Reading and Committee Assignment

Committee on Financial Institutions, Insurance, and Retirement

Agendas can be viewed at http://www.azleg.state.az.us/CommitteeAgendas.asp

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Senate Secretary’s Office, (602) 926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.

COMMITTEE ON FINANCIAL INSTITUTIONS, INSURANCE AND RETIREMENT

DATE: Monday, March 31, 2008
TIME: 1:30 P.M.
ROOM: SHR 2

SENATORS: McCune Davis, Verschoor, Gorman, Chairman Rios, Huppenthal, Vice-Chairman

1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Consideration of Bills

Bills

Short Title
Subject of Strike Everything
Amendment

*HB2017
____
joint underwriting and reinsurance organizations(Konopnicki)
state treasurer; employee test

HB2031
____
insurance; technical changes; definitions(Konopnicki)

*HB2060
____
ASRS; required distributions; citation correction(McClure)
ASRS: benefits; refunds

HB2081
____
captive insurers; authority(Konopnicki)

HB2224
____
service company contracts(McLain)

HB2282
____
schools; textbook purchases; technical correction(now: insurance transactions; false disclosures)(Tobin)

HB2513
____
insurance; authorized reinsurance(now: stranger originated life insurance)(Konopnicki)

HB2649
____
prearranged funeral agreements(McComish)

*Strike everything amendment may be offered

Senate Committee on Commerce and Economic Development

Agendas can be obtained at http://www.azleg.state.az.us/CommitteeAgendas.asp

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Senate Secretary’s Office, (602) 926-4231 (voice). Requests should be made as early as possible to allow time to arrange the accommodation.

ARIZONA STATE SENATE Forty-eighth Legislature - Second Regular Session


MEETING NOTICE

COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT


DATE: Wednesday, March 26, 2008
TIME: 10:00 A.M. NOTE TIME CHANGE
ROOM: SHR 3


SENATORS: Allen Gorman Blendu, Vice-Chairman
Burton Cahill Miranda Leff, Chairman
Cheuvront Tibshraeny


1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Executive Nomination

ARIZONA AEROSPACE AND DEFENSE COMMISSION
Matthew John Korbeck

COMMERCE AND ECONOMIC DEVELOPMENT COMMISSION
Fred Price DuVal
Vicki Lynn Chandler

STATE BOARD OF FUNERAL DIRECTORS AND EMBALMERS
Richard W. O'keeffe

ARIZONA HOUSING FINANCE AUTHORITY
Carol Jacqueline Parry

ARIZONA STATE LOTTERY COMMISSION
Leo Victor Valdez


5. Consideration of Bills

Bills

Short Title
Subject of Strike Everything
Amendment
____
HB2123
____
park model trailer spaces(now: landlord charges; utilities)(McClure)


HB2483
____
ignition strength of cigarettes; regulation(McComish, Reagan, Schapira, et al)


HB2526
____
border regional port authority(Crandall, Ulmer)

HB2590
____
school bonds; computer hardware(Crandall, Reagan, Sinema, et al)


HB2658
____
insurance contracts; small employer coverage(Reagan, Adams, Cajero Bedford, et al)


HB2826
____
liquor wholesalers; promotional items.(McComish: DeSimone, Cheuvront)

4/2/08 House Environment Committee Agenda

ARIZONA HOUSE OF REPRESENTATIVES

Forty-eighth Legislature - Second Regular Session

REGULAR MEETING AGENDA

COMMITTEE ON ENVIRONMENT

DATE

Wednesday, April 2, 2008

ROOM

HHR 5

TIME

1:30 P.M.

Members:

Mr. Ableser Mrs. McGuire Ms. Ulmer

Mr. Anderson Ms. Reagan Mr. Robson, Vice-Chairman

Mr. Crump Mr. Tobin Mr. Barnes, Chairman

Ms. Garcia M

___________________________________________________________________________

Bills

Short Title

Strike Everything Title

SB1095

_____

_____

air quality; clean burning gas

(Flake, Aguirre, Blendu)

ENV, RULES

SB1384

_____

_____

Arizona emissions bank

(Blendu)

ENV, RULES

House and Senate Committee Agendas

Dear Friends,

Please, if you are interested in legislation being considered at the Capitol, click on this link: www.azleg.gov/StandingCom.asp

The link leads you to a page on the AZ Legislative Website, www.azleg.gov that allows you to view all committee meetings being held in the upcoming week, including date, time, & location.

There is a list of all standing committees in the House & Senate & you can view the agenda of each committee. For example, if you are interested in Water-related legislation, click on the Water & Agriculture committee (a House committee of which I am a member). This will lead you to a page containing upcoming agendas for the meeting & what bills are to be considered. Committee members are listed along with their email address in case you would like to write them regarding a bill. You can also find out who is sponsoring the bill, read the minutes for past committee meetings, or even view the committee meeting live via the internet.

If there is a bill that sparks your interest, note the bill number. On almost every page of the legislative website, in the upper right corner there is a box that allows you to plug in the number to take you to a page with that bill information. On this page, you can read the bill as it is written or you can read the bill summary. You can see the bill's sponsors & view any proposed amendments.

If all this is a bit much & you need assistance, please call my competent assistant, Christina Miller & she can walk you through the process. Do not ever hesitate to call or write with concerns, complaints, & questions.

Monday, March 24, 2008

HB 2132 is a Good Thing for Mohave County

MOHAVE COUNTY WATER AUTHORITY
Tom Griffin, Chairman
Maureen R. George, General Counsel
P.O Box 2419
Bullhead City, Arizona 86430

HB 2132 is a Good Thing for Residents of Mohave County.

The Mohave County Water Authority (MCWA) is pleased to announce the progress to date of HB 2132 through the Arizona legislature. This bill, sponsored at our request by Representatives Nancy Mclain and Trish Groe, makes available for full use by our members, Bullhead City (BHCj, Lake Havasu City (lHC), Mohave County Water District (MCWOl. Mohave Valley Irrigation and Drainage District (MVIDD), Golden Shores Irrigation District (G510), City of Kingman and Mohave County, 3500 acre feet of 4th priority Colorado River water. Our members unanimously voted in August 2007 to request this legislation.

Contrary to recent news reports:

(1) this is a very good thing for reSidents of the river communities as well as the City of Kingman, which would receive funds for water resource improvements. It does not take away the water, it in fact makes it available for all uses, including industrial.

(2) The water is currently under contract to MCWA and the contract with the Department of the Interior provides that it may be used for all municipal and industrial purposes. It is a State law restriction which imposes the industrial use limitation. The water has been available for industrial use for ten plus years and not one application has been requested. Our members are very concerned about the loss of this water if it is not put to beneficial use by adding it to the water portfolio of our various members.

(3) Members Kingman, BHC, and LHC already have a portion of their water portfolio used by industry and all are actively pursuing industrial development.

(4) The water has not yet been subcontracted to anyone.

MCWA, in 2007, was successful in getting this water under contract. We need to be sure it is put to the best use, as determined by our various member agencies through their eleeted or appointed governing bodies.

Mayor Mark Nexsen of Lake Havasu City, Mayor Jack Hakim of Bullhead City, MCWA Chairman Tom Griffin and Mohave County Supervisor Tom Sockwell have all testified at the legislature in favor of this legislation which has broadbased support in the water community statewide.

As noted by Chairman Tom Griffin: "This water is for use by our members and their citizens, not a special interest group. We ask these citizens to let our legislators know of their support."

HB 2132~Supervisor Tom Sockwell Statement of Support

SENATE NATURAL RESOURCES COMMITTEE MARCH 19, 2008
CHAIRMAN FLAKE & MEMBERS OF THE COMMITTEE:

Good afternoon. I am Tom Sockwell, a member of the Mohave County Board of Supervisors and the County's appointed representative to the Mohave County Water Authority. I am here to urge your support of HB 2132. For those of you who may not know, the members of the Authority, in addition to Mohave County, are Bullhead City, Lake Havasu City, the City of Kingman, Mohave Water Conservation District, Mohave Valley Irrigation and Drainage District and Golden Shores Irrigation District. The members voted unanimously to seek the legislation which is before you today as HB 2132.

The purpose of this legislation is to eliminate the industrial use restriction on a portion of Mohave County Water Authority's (Authority) Colorado River allocation in order to make said water available for all municipal and industrial uses, including industrial, commercial and residential uses.

Industrial uses are defined in ARS 45-2201 (8) as follows: 8. "Industrial use" means a non-agricultural use of water not supplied by a city, town or private water company, including animal industry use as defined in § 45-402. Since MCWA's formation in 1996 it has not received a single request for water for an industrial use. During that same time frame our members have been looking for additional water for municipal purposes (which includes industrial uses).

The Authority's members have done water resource planning, drought planning, and water conservation planning and implementation in order to deal responsibly with water resource issues. These efforts, however, still leave Mohave County's river communities, both incorporated and unincorporated, without sufficient water. This legislation would serve to restore to those Mohave County communities, for full use, 3500 alf of 4th priority water always intended for such use, consistent with the Authority's contract with the Bureau of Reclamation.

The water has not yet been allocated among our members since passage of this legislation is necessary to put it to full use. Authority policy is to first offer the water to Authority members based on need as supported by the water resource demands of the various members. Four of our members have expressed an interest in acquiring this water if the industrial use limitation is removed, including unincorporated areas in Mohave Valley and Golden Shores. In fact Golden Shores needed this water yesterday but we needed to wait for the Arizona Water Settlements Act to be effective. One of the provisions of this settlement was that this water would be restored to MCWA for all municipal and industrial purposes. One of the reasons the Authority has been successful to date is the ability of our members to assess their various needs and fairly apportion its resources in response to same and seeks this legislation to permit it to continue doing so.

I am here, therefore, to seek your approval of HB 2132 which will eliminate the industrial restriction on the 3500 a/f. This would then result in additional water being available to Authority members for municipal use as well as providing the City of Kingman with additional funds to develop its groundwater resources. With passage of this legislation Kingman's additional water developed with these funds, as well as the water which would be subcontracted to our members, would be available for a wide range of uses as determined by the elected officials and boards of our various members to whom subcontracts would be made available. Included in those uses would most certainly be industrial uses as illustrated, for example, by the development of industrial parks in Kingman, Lake Havasu City, and Bullhead City and the importance those communities place on industrial development. Likewise as Golden Shores and the Mohave Valley develop they will see increased demand for water for ALL uses, which will in all likelihood include industrial uses. The distribution of this water, however, should be left to those local communities who are best positioned to assess the competing demands in their area.

Thank you for your attention.
Tom Sockwell
Mohave County Board of Supervisors
P.O. Box 7000
Kingman, Arizona 86402
928 753-9141
Tom.Sockwell@co.mohave.az.us

SB1331 and HB2723~Communities Facilities Districts

For the first time in state history, enactment of this bill would extend the privilege to levy a government-authorized sales tax to appointed officials of a Community Facilities District (CFD) who do not stand for election and who are not subject to recall.

The bill is narrowly drafted to apply primarily to one situation in the community of Tusayan near the Grand Canyon. It changes the property ownership standard for establishing a CFD tax from 100% of the property owners to only 51%, an amount which could be controlled by one landowner or special interest.

The property-ownership standard is in statute to authorize the imposition of a secondary property tax. Land ownership has nothing to do with instituting a sales tax.

The tax rate proposed in this bill is 5%, the highest local sales tax rate in the state. The small Town of Fredonia has a sales tax rate of 4%, but most other cities and towns have a rate of 2-3%.

Arizona’s sales tax system is already complex and taxpayer compliance can be challenging. Expanding sales tax authority to special districts will clearly increase compliance costs as both taxpayers and the Department of Revenue attempt to keep track of new jurisdictions.

There is a proper way to tax for infrastructure construction: a CFD can authorize a secondary property tax, or the community could incorporate as a town and adopt a sales tax by an elected town council. (There are already statutory provisions that allow this community to incorporate with as few as 500 people rather than the usual number of 1,500. A local group is actively working toward holding an incorporation vote.)

This bill is narrow, special interest legislation at its worst and sets a dangerous precedent. Soon other tiny communities of 350 people could establishing their own sales taxes without a vote of either an elected town council or the people.