Friday, July 25, 2008

New Law: More Changes to the Employer Sanctions Law

House Bill 2745, which retro-actively takes effect on May 1, 2008 makes numerous additional changes to the employer sanctions bill.


Some of the details include identity theft provisions:
  • expands the definitions of "identity theft" to include theft for the purposes of obtaining or continuing employment
  • adds the offense of "knowingly accepting the identity of another person," a class 4 felony which applies to employers who knowingly accept false employment documents

Some details related to the complaint process include:

  • Requires the Attorney General (AG) to create a form to be used by persons wishing to file a complaint against a company for hiring an unauthorized alien, and specifies that the complaint form may not be required to include a complainant's social security number or a notary's authorization. If a complaint is submitted on this form, the county attorney must investigate the complaint; if a complaint is presented to a county attorney, but not submitted on the prescribed form, the county attorney may investigate the complaint.
  • Notes that anoymous complaints not submitted on the prescribed form are not prohibited by the act.
  • Prohibits a county attorney from investigating a complaint based solely on race, color, or national origin.
  • Permits a county sheriff or other local law enforcement agency to assist in investigation a complaint.

New Law: Disciplinary Records; Open to Inspection

Requires a public body to maintain all records of disciplinary actions and employee responses and make the records open to inspection and copying, unless the specific records are otherwise protected by law. Exempts the home address, phone number, and photograph of protected law enforcement officers from disclosure. Chapter 277

New Law: SB 1083 Special License Plates

Creates the Gold Star Family special license plate and the Arizona Professional Basketball Club special plate and specifies that $8 of the $25 special plate fee must be deposited in the State Highway Fund.

New Law: SB 1332 DNA Testing; Arrest

  • Requires juveniles arrested for homicide, burglary, certian sexual offenses, or a serious offense involving a weapon to submit a DNA sample to law enforcement.
  • Requires an adult charged with a felony or certain misdemeanors to submit a DNA sample within five days of being released on bond.
  • Allows a court to revoke a person's (juvenile or adult's) release if the requirement is not met.

New Law: SB 1021 Community Notification; Sex Offender

Allows a court to continue, defer, or terminate a sex offender's community notification after a probation hearing. Chapter 9

New Law: HB 2643 OUI & DUI Related Legislation

OUI

  • Removes a civil penalty for refusing a test for alcohol concentration or drug content
  • For a first violation, stipulates that an offender be sentenced to at least 10 days in jail, except under certain conditions, whereby the sentence may be suspended if the offender completes drug or alcohol treatment. Allows a judge to order drug or alcohol screenings or community restitution.
  • For a second violation within 48 months, allows a judge to suspend all but 30 days of the sentence, only if the offender did not recklessly endanger a person. Requires a person to perform 30 hours of community restitution.
  • Makes changes to the definition and classification of Aggravated OUI. Requires an Aggravated or Extreme OUI offender to pay an additional assessment of $250, which is directed to the DUI Abatement Fund. Separates Extreme OUI into two categories for offenders with a blood alcohol concentration (BAC) between .15 and 2.0 and 2.0 and above, and specifies separates penalties and fines for each.

DUI

  • Permits a person whose driving license has been suspended for refusing a test for alcohol concentration or drug content, or or vehicular homicide involving DUI, to have their license reinstated only if they complete alcohol or drug screening.
  • Separates Extreme DUI into two separate categories for offenders with BAC between .15 and .20 and 2.0 and above, and specifies separate penalties and fines for each. Prohibits a judge from suspending any portion of an extreme DUI jail term.
  • Allocates five percent of a restaurant's annual fee to the DUI Abatement Fund

New Law: HB 2486 Prohibited Possessors; Undocumented Aliens

Defines an undocumented alien, non-immigrant alien (traveling with or without documentation), or a foreign student as a "prohibited possessor." Prohibited possessors may be charged with misconduct involving weapons for possessing a deadly weapon. Exempts certain classes of immigrants, including diplomats, those with hunting licenses, or permission form the attorney general, and immigrants participating in firearm-related events. Chapter 3

New Law: HB 2193 Publication; County Minutes

Removes the requirement that counties publish minutes in newspapers and instead requires them to be made available at the clerk of the board's office, in public libraries, and as required by open meeting laws. Chapter 214

New Law: HB 2620 Budget Adjustments; FY 2007-2008

This bill is NOT the most recently enacted budget but the budget changes/fixes that we voted on earlier this year to address the $1.8 Billion Dollar shortfall for the fiscal year that ended this past June. This bill revises the FY 2007-2008 budget.

  • $4.1 Million revents to the GF (general fund) from the State Lake Improvement Fund
  • $18.1 Million revents to the GF from the State Aviation Fund
  • $1 Million from the FY 07 Appropriation for the Yuma Welcome Center reverts to the GF
  • $1.5 Million from the 2006 conditional appropriation for the Yuma Welcome Center reverts to the GF
  • $42 Million appropriated from the State Highway Fund to the Statewide Transportation Acceleration Needs Account (STAN) is now transferred to the Department of Public Safety for Highway Patrol costs.

New Law: SB 1049 Safe Haven Providers; Notices

Requires fire stations, hospitals, and outpatient treatment centersto post a safe haven notice at all entrances. Mandates the notice must be placed in a conspicuous area on the exterior of the building.

New Law: HB 2410 Open Meetings; Public Opinion

Clarifies that if a member of a public body individually expresses an opinion or discusses an issue with the public, through public broadcast, or at a venue other than a public meeting, the member is not in violation of A.R.S. Title 38, article 3.1 (Public Meetings and Proceedings) if the opinion is not directed at another public official and there is no concerted plan to engage in collective deliberation to take legal action.

New Law: Employer Sanctions Clarification

HB 2745 Now found in ASRS Chapter 152

Effective after September 30, 2008

Governmental entities are required to check legal status of license applicants, ensure contractors verify their employees' status and only grant economic incentives to employers registered with and participation in the e-verify program. The applicants and employers have the onus of proof in these situations.

Another Groe Endorsement!!!

National Federation of Independent Business, a small business association that promotes and protects the right of small business owners to own and operate their businesses has announced their endorsement of my re-election!

Constituent Mail: Stolen SLIF Monies

This afternoon I recieved a passionate email from a property owner in Lake Havasu City who had read an article about the recent robbing of State Lake Improvement Funds from the Arizona State Parks Department for the purpose of attempting to balance the state budget.

Along with my response, I have included a link to the article about this that appeared in the Today's News Herald.

http://www.havasunews.com/articles/2008/07/23/news/doc4886b360e247b023412416.txt


Dear Mr. John Q Public,

Thank you for taking the time to write me, voicing your outrage at the announcement of the cancellation of SLIF grants previously awarded to Lake Havasu City by the AZ State Parks Department. I fought tooth and nail to prevent State Lake Improvement Funds from being stolen. Unfortunately uncontrolled spending and unrestrained greed by our current governor and legislators on both sides of the aisle have contributed to the $2.3 Billion Dollar Shortfall we now face. To address this issue, supporters of the recently enacted budget stole money from every designated fund in addition to borrowing $2 Million MORE dollars to dig us further into debt. Mr. JQ Public, as a fiscal conservative I continuously fight for prudent spending of taxpayer money with priorities on transportation infrastructure (including SLIF dollars), public safety, and education.

I understand your frustration as it echos my own. If I am re-elected I hope to continue this battle, restoring and then preserving stolen designated funds.

Most respectfully,

Recent Press

For those of you who do not subscribe to our local news print, here are some recent articles in which I have been featured:

http://www.kingmandailyminer.com/main.asp?SectionID=1&subsectionID=1&articleID=16677

http://www.mohavedailynews.com/articles/2008/07/24/news/local/local1.txt

http://www.kingmandailyminer.com/main.asp?SectionID=1&subsectionID=1&articleID=16664

http://www.mohavedailynews.com/articles/2008/07/23/news/top_story/top1.txt

http://www.havasunews.com/articles/2008/06/27/news/doc48647913ef9d1165969932.txt

The articles are a bit informative, some of them full of (hopefully) typos. One of the articles attributes a quote to me that there are 15 new bills proposed every year...try 1500! Out of about 1500 bills proposed, only just over 300 become law. Still, in my opinion, more new laws than we need each year. As I mention in a previous post, the focus needs to be on enforcement, not new mandates and restrictions. If you have any questions after reading these articles, please leave a comment on this blog or shoot me an email.

Ciao!

Groe Campaign Endorsement

I just got a phone call letting me know that I have received the endorsement of the Southern Arizona Homebuilders Association.

SAHBA's purpose is to stimulate business within the home building industry; influence political decisions by virtue of member strength; and provide a format for networking, information, training, and support for members. SAHBA is affiliated with the National Association of Home Builders.

Cap & Trade Boondoggle

Arizona backs climate plan:

"Arizona is joining six Western states and four Canadian provinces with a proposal to limit greenhouse-gas emissions through a cap-and-trade system that would be the largest of its kind in North America.
The plan, a draft of which was released this week, would apply market fundamentals to the fight against global warming, which many climatologists warn will result in higher temperatures and worsening drought across the West.
A final version of the plan is due in September, with the recommendations left to each state and province to adopt. It's unknown how much of the plan could be implemented administratively in Arizona and how much would require legislative approval."

LHC Locals Rally for Private Property Rights

This past Wednesday’s Lake Havasu City Government Planning Division work session focused on additional potential restrictions to residential parking. I was excited that so many folks attended the meeting to voice their opposition to any new proposals. Private property rights are under assault from all levels of government and every effort must be made to protect these valuable rights. Glenn Conroy, a local REALTOR, was right on the mark when he stated that focus should be on enforcement of current ordinances.

This issue will continue to be discussed at the next Planning Division work session. The next meeting is Aug. 5 at 6 p.m. Please plan on attending or, if you prefer, e-mail Stuart Schmeling at schmelings@lhcaz.gov, Janice Sorenson at sorensonj@lhcaz.gov or Dan Kassik at kassikd@lhcaz.gov with your opinions and input.

2008 "TIME" COALITION TRANSPORTATION TAX INITIATIVE: LET’S PUT THE BRAKES ON THIS ONE

by Dennis Kavanaugh, Councilmember, District 3, City of Mesa

"Recently, the Arizona Republic ran a column on the challenges facing the Time Coalition’s initiative to raise taxes for transportation. The column outlined some obstacles facing this proposal. Problems like bad timing given the economy and limited support for a tax increase."

Please take the time to read the rest of this article by clicking on the title of this post, then help me rally opposition to this voter initiative.

Catching Up: The Tri-City Council Brief

Both the Kingman and Bullhead City press covered the Tri-City Council meeting that was held at the lovely Hampton Inn in Kingman this past Wednesday and I have to say that the article in today's Kingman Daily Miner comes closest to describing the exchange between myself and BHC Mayor Jack Hakim.

Mayor Hakim wrongly attempted to lay blame for the current budget fiasco on Rep.McLain and myself. He was way off base and truthfully knew not about what he was talking. Mayor Hakim is a FOJ (Friend of Janet), has appeared on a list of Republicans endorsing her,and I believe, even served on her inaugural committee. Hakim refuses to accept that the budget recently enacted is essentially the Governor's budget. (Thanks Senator Bee!)

Read about the meeting here:
Leaders from county's Big 3 meet in Kingman

Read about Hakim's endorsement of Napolitano here:
http://www.commongroundcommonsense.org/forums/lofiversion/index.php/t62694.html

I applaud the leaders and representatives from the three cities for gathering together on a regular basis and working towards common goals. That said, I am disappointed that the mayors of all three cities appear (from their comments at the meeting) to support the Governor-backed TIME Initiative that will be on the ballot in November. This is a tax increase to fund transportation needs primarily for Maricopa County. The passage of this tax increase will free up money currently spent on transportation needs so that the Governor and her lackeys can grow other government programs.

Western Governors Offer Greenhouse Emissions Plan

Read this article and then alert every one of your neighbors, friends, and family members who live in Arizona...the horrible farce of a cap and trade system is coming to Arizona. Make no mistake about it, the Governor has joined with other western states in pushing this policy that will cause utility costs to skyrocket!!!! Other policy wonks have named this proposal "cap and spend". Please check past blog posts for further information on this policy and then write and call the Governor's office urging her to put a stop to this nonsense.

Here are some additional links on Cap & Trade articles found on well-respected conservative think-tanks:

http://www.heritage.org/Research/Economy/wm1723.cfm

http://www.junkscience.com/Cap_and_Trade_Economic_Analysis_September_2007.pdf

http://www.humanevents.com/article.php?id=26621

http://www.newsweek.com/id/139454

Thursday, July 24, 2008

Americans for Prosperity Press Release

Dear LD3 (Mohave County) Taxpayer:

The Arizona chapter of Americans for Prosperity (AFP Arizona) has called the Legislative Session that ended June 27th the “worst in memory” for fiscal conservatives.

Fortunately, your LD3 delegation did a good job, from the point of view of fiscal conservatism, which aims to 1) restrain government spending, 2) prevent tax increases, 3) balance budgets without resorting to debt or accounting gimmicks, and 4) avoid using tax dollars for wasteful corporate-welfare boondoggles.

Arizona Governor Janet Napolitano, aided by slim majorities in the Senate and House, failed Arizona taxpayers on all four counts.

The final General Fund budget was officially $9.9 billion, but roughly one billion in spending commitments were pushed off the books, meaning that the real budget is closer to $11 billion. In any case, the actual available cash is projected to be $9.2 billion at most, meaning that even the official budget is $700 million in the hole.

(And although the budget had very little in the way of real program cuts, the Governor and her allies did cut $5 million in funding for school choice vouchers for disabled and foster children. With an average amount of $4,000, the foster vouchers actually save the state money when children transfer out of traditional government school districts.)

Coming after four years of irresponsibly large budgets, the budget passed in June will continue to push the state toward a constitutional crisis in which the Arizona Supreme Court may choose between Prop 108, the rule that mandates a two-thirds legislative majority for tax increases, and Props 301 and 204, which mandate large automatic spending increases for government schools and government-subsidized health care. With Prop 108 safely out of the way, the Big Spenders can raise taxes and increase per-capita government spending to the economy-strangling levels of California, Michigan, or New Jersey.

Happily, your LD3 delegation voted against the budget (HB2209, et al):

Sen. Ron Gould (R) rgould@azleg.gov
Rep. Trish Groe (R) tgroe@azleg.gov
Rep. Nancy McLain (R) nmclain@azleg.gov

Further, the Governor and her allies in the Legislature prevented the passage of measures that would permanently repeal the state equalization property tax rate. That failure leaves open the strong possibility that Arizona politicians will attempt to increase property taxes on homeowners and businesses by $250 million next year.

Your LD3 Legislators voted against allowing a $250 million property tax hike (HB2220):

Sen. Ron Gould (R) rgould@azleg.gov
Rep. Trish Groe (R) tgroe@azleg.gov
Rep. Nancy McLain (R) nmclain@azleg.gov

(Reps. Groe and McLain also voted in favor of an important property tax levy limitation bill, HB2586. Unfortunately, the bill did not pass the House…)

On the corporate-welfare boondoggle front, the Governor and Legislature approved a scheme to grant the special privileges of issuing tax-free bonds and levying taxes to the developer of a rock and roll theme park in Eloy.

LD3 Legislators who voted in favor of the Eloy theme park scheme (SB1450) were:

Rep. Nancy McLain (R) nmclain@azleg.gov

LD3 Legislators who voted against the Eloy theme park scheme (SB1450) were:

Sen. Ron Gould (R) rgould@azleg.gov (see note)
Rep. Trish Groe (R) tgroe@azleg.gov

Special thanks to Sen. Gould, for his efforts to engage in a “silent filibuster” against the Eloy theme park bill during the Senate vote. The Senate voted to “excuse” him in order to finish the roll-call vote, which is why his vote appears as an “E” instead of an “N” in the tally on the Senate vote.

On the bright side, one of the small victories for fiscal conservatives this year was blocking the creation of a new taxing district for baseball stadiums in Pima County.

LD3 Legislators who voted to allow Pima County to institute a baseball stadium tax (SB1084) were:

Rep. Nancy McLain (R) nmclain@azleg.gov

LD3 Legislators who voted against allowing Pima County to institute a baseball stadium tax (SB1084) were:

Rep. Trish Groe (R) tgroe@azleg.gov

(Thankfully, the Senate did not get a chance to vote for the bill…)

For Liberty,

--Tom

Tom Jenney
Arizona Director
Americans for Prosperity
(Arizona Federation of Taxpayers)
www.aztaxpayers.org
tjenney@afphq.org
(602) 478-0146