FY 2007 Appropriations Report

Each year, the JLBC Staff publishes an Appropriations Report with agency by agency details on the most recently enacted budget.

The report is over 400 pages long but you can access it easily through this link and click directly on the subject or state agency budget that you would like to view.

As usual, if you have any questions, let me know as I serve on 5 committees including Appropriations and the Committee on Government Waste and Oversight.

Volunteers Needed!

Early voting is almost here and I need your assistance in getting re-elected!

Please consider these options:

Phone Calls – You might help us with our phone calls. We need volunteers to take part in evening and weekend phone banking efforts.

Recruit Other Volunteers – Have any friends that you think might be willing to join our grass-roots efforts to propel me back to represent traditional family values at state level? Pass along my email updates and website address.

Host a Party – Just a few friends, or everyone on your mailing list. You decide the size of the party, but I would love to stop by and meet some new people at your home as you share dessert together.

Get 10 Votes! - Can you find 10 people to vote for me, Trish Groe in the very important Primary and General election? You – that is one, your spouse makes 2 – see, you only need 8 more!

Tell 10 - If you tell 2 friends, and they tell 2 friends, and so on, and so on – before you know it, EVERYONE will know that Trish Groe is the top candidate for State Representative in District III.

Be a Team Leader - Are you a better leader than a follower? Then we need YOU to help coordinate all those friends that you just recruited to help the GROE 2006 campaign.

Help at Events - Join us at the events! Help us distribute literature and collect those valuable signatures at promotional events.


Please answer these questions too:How much time can you give?

Do you have any questions or comments?

Call me directly at 928-279-3332 or email me at TrishGroe@frontiernet.net

NRA Endorsement

So excited am I that I wanted to post immediately!

I have been informed that I received an "A" rating from the NRA and that they are endorsing my campaign for re-election!

I will continue to stand firm in protecting our 2nd Amendment with your vote in the primary and general election!

Governor Munsil?

Just getting back to Lake Havasu after spending the day in Bullhead City with Gubernatorial Candidate Len Munsil and his crew. They were in Kingman yesterday at the Kingman Republican Men's club in addition to two house parties last night before driving to Lake Havasu so they could attend the Lake Havasu Republican Men's club this morning.

Although all candidates for Governor are nice, Len Munsil is, in my opinion, THE ONE for the job. He is an intelligent, charismatic public policy expert with visionary leadership skills. Please take the time to visit his website and read his blog at www.LenMunsil.com. If you want to know him more, get in touch with his campaign and they will make it happen. Len is no stranger to District III and will be making trips frequently before the election. He needs no further campaign money so there is no pressure to donate...just give the guy a chance. I am sure you will feel confident supporting him in the upcoming election.

Campaign Update

Groe 2006 is in full gear and I must admit, I am quite energized! The endorsements are quickly coming in, several successful fundraisers have been held, and house parties are being scheduled!

The Speaker of the House Jim Weiers, Representatives Russell Pearce, Andy Biggs, and others have offered to appear with me at house parties and local events so be sure to let me know if you or your organization have something scheduled.

Please consider hosting a house party, it need not be elaborate...just a gathering of 10 or more people. This truely is a grass-roots effort and to be sucessful in this election I am asking you to introduce me to your friends, family, and neighbors by hosting an event in your home.

I am in the process of attempting to add an events calendar on my website for further clarification on my campaign stops but for now I will try to include them on my blog. The events with * indicate I will be one of the featured speakers. The events without notations, I will be available before and after for questions, comments, or concerns.

Friday 7/14 ~ Kingman Rotary~Elk's Lodge~7:00 am

Monday 7/17 ~ Kingman Republican Men's Club ~ Elk's Lodge ~ 11:30 am

Monday 7/17 ~ LHC Republican Assembly ~ Form -a-Fab Building ~ 7:00 pm * Candidate's Forum ~ Call 928-855-3468 for details

I will be posting more information as soon as I figure out the calendar posting process and look forward to talking with you at each of these events.

Miracles...Both of Them!!!!

I need to take time to thank all of you who have prayed and continue to pray for my sister, her husband and these beautiful blessings.

If you click on the title above it will take you to their blog where you can witness their growth.

Baby Will, named after my hero/grandfather who recently passed, was born with only two chambers of his heart and is still in the hospital but continues to defy all odds.

Ella, his twin, is heathy and has a 100-Watt smile.

What Nonsense! Advocates Push for Simplified Spelling

When "say," "they" and "weigh" rhyme, but "bomb," "comb" and "tomb" don't, wuudn't it maek mor sens to spel wurdz the wae thae sound?

Those in favor of simplified spelling say children would learn faster and illiteracy rates would drop. Opponents say a new system would make spelling even more confusing.

Click on the title above to read the rest of this nonsense, that is if you can decipher the mishmash. Good luck!

Protect Yourself ~ Stop Unwanted Pre-Approved Credit Card Offers

Since session has ended I now have some time to catch up on a couple of television programs I recorded.

One of them was a program regarding identity theft in Arizona. Although I do know quite a bit about this problem as it goes hand-in-hand with the meth epidimic, I found this little piece if information interesting and immediately grabbed my phone and called...1-888-5-OPT-OUT.

You can avoid getting these offers in the mail by calling a toll-free number operated by the major credit bureaus, 888-567-8688.

Your social security number will be requested to identify you. Getting off these marketing lists will not affect your ability to apply for credit.

So, please, right now, grab your phone and make this simple call, then afterwards, pass this information along to your family and friends.

Federal Trade Commission: Your National Resource About ID Theft

Update: Arizona Tax Revolt

For those who have asked, I have included this link to the Today's News Herald and a recent article regarding Marc Goldstone's Arizona Tax Revolt.

I strongly urge anyone who still has petitions to contact Mr. Goldstone. The contact information for the initiative organizers can be found on their website at http://www.arizonataxrevolt.org/

AZ Department of Game & Fish Open House

Arizona Department of Game and Fish will soon be hosting open house meetings on the issue of Arizona Roadless Areas. These lands are crucial to protecting our forest watersheds, guarding against dangerous wild fire, rrecreational opportunities like hunting, fishing, hiking, and camping, and wildlife and their habitat.

To find a hearing near you and to RSVP, please click on the link below or paste it into your browser. As far as I can see there is an open house in Kingman on July 18th and then one in Fredonia on August 9th.

http://pirg.org/alerts/route.aspid=1670&id4=ES

AZ Gun Owners Make Significant Gains

Arizona Gun Owners Make Significant Gains in
2006 Legislative Session!


The Arizona State Legislature has wrapped-up its 2006 legislative session and gun owners and sportsmen should be happy with the outcome. The following is a synopsis of Second Amendment advancements in The Grand Canyon State:

HB 2074

Eliminated the two-hour course required for the renewal of concealed weapons permits. This makes Arizona one of the vast majority of states that does not require a renewal course. Specifies that all of the concealed weapons permits from the 47 other issuing states are to be recognized in Arizona. This makes the permit law in Arizona consistent with the law requiring the recognition of driver licenses from all other states in the country.

HB 2076

Required government entities to comply with a law passed in 2000 that mandates that they store firearms for citizens who are legally carrying firearms when possession is prohibited in government facilities. The storage is to be readily accessible to citizens within the facility where firearms possession is prohibited. This ensures that citizens are able to protect themselves to and from their vehicles and that they are not required to store their firearms in vehicles where they might be stolen.

SB 1145

Returned the self-defense justification law to its status prior to 1997 in Arizona. After a change to statute requested by the prosecutors in 1997 until SB 1145 was enacted this year, citizens forced to act in self-defense were presumed guilty of committing a violent crime until they proved their own innocence by a preponderance of the evidence. This runs contrary to the American system of justice -- a citizen is presumed innocent until proven guilty beyond a reasonable doubt. This NRA-backed bill requires the state to prove beyond a reasonable doubt that citizens did not act with justification. SB 1145 also enacted the Castle Doctrine, a law enhancing the citizens' right to defend themselves from violent attacks.

Game and Fish Commission Nominee

After strong support from the NRA in the Senate Natural Resources Committee, Jennifer Martin has been appointed by the Governor to fill a seat on the Arizona Game and Fish Commission. Ms. Martin replaces Commissioner Hays Gilstrap, the Commissioner who led the NRA-opposed effort to consider the sale of the world-renowned Ben Avery Shooting Facility north of Phoenix. Commissioner Martin has the best interests of sportsmen in mind and will prove to be an enormous asset on the Commission.

A special thank you to all NRA members for your calls and emails
in support of these bills during the legislative session!

47th Legislative Session in Pictures-Part I

47th Legislative Session in Pictures

LEGISLATIVE SESSION – BY THE NUMBERS

LEGISLATIVE SESSION – BY THE NUMBERS

Today, Gov. Janet Napolitano issued three more vetoes of CAP supported legislation thus closing out CAP’s 2006 legislative agenda. The Center for Arizona Policy experienced our most active and most successful legislative session to date! A record total of 21 CAP supported bills passed the legislature. Of the 21, Gov. Napolitano signed nine into law, allowed two to become law without her signature and vetoed ten. The final record: 11-10. We appreciate each sponsor being willing to take the lead on key family issues. Here’s the recap, with the name of the primary sponsor in parentheses:

CAP SUPPORTED BILLS SIGNED INTO LAW BY GOV. NAPOLITANO (9):

1. Sexually Oriented Business Distance Regulation – (Knaperek) Prohibits a new sexually oriented business from being built within a quarter mile of a church, school, playground, child care facility, home, or recreational facility.

2. Umbilical Cord Blood Donations Promotion - (Stump) Requires physicians to tell women in their third trimester of pregnancy about the opportunity to donate cord blood and directs the Department of Health Services to create and distribute a pamphlet with information on cord blood donations.

3. Education and Training Vouchers for Higher Education - (Biggs) Establishes a program within the Department of Economic Security to help youths living on their own receive vouchers for postsecondary education and trade schools.

4. Postsecondary Vouchers - (Pierce) Provides scholarships to any Arizona high school student (including private and home school) who has lived in Arizona for at least 5 years to attend a private college in Arizona.

5. Displaced Pupils Choice Grants - (Murphy) Provides scholarships for 500 children who have ever been in foster care to attend a private school, allowing them to attend just one school, as opposed to constantly moving.

6. Disabled Pupils Choice Grants - (Knaperek) Provides scholarships to families of children with disabilities to allow them to choose the school that best meets their child's special needs.

7. Grants For Alternatives To Abortion - (McClure) Appropriates $500,000 to provide $20,000 grants to agencies who provide alternatives to abortion. No money may go to any organization who provides, promotes or refers women to abortions.

8. Increase Abstinence Until Marriage Education Funding - (Anderson) Increase the state matching funds to a total of $1.5 million for the federally funded abstinence until marriage education programs.

9. Marriage Education Funding - (Anderson) Appropriates $1.2 million for programs designed to help lower-income couples learn how to create and maintain a strong marriage.

CAP SUPPORTED BILLS BECAME LAW WITHOUT GOVERNOR’S SIGNATURE (2):

1. Corporate Tax Credit - (Martin) $5 million to provide tuition scholarships for low-income students in public schools to attend private schools as chosen by their parents.

2. Expansion of the $5 Million Corporate Tax Credit (Bee/Bennett/Huppenthal) $10 million with a 20% increase annually.

CAP SUPPORTED BILLS VETOED BY GOV NAPOLITANO (10):

1. Fetal Pain - (Gorman) Requires a physician to inform a woman prior to receiving an abortion that the unborn baby may feel pain and requires that the woman sign a form acknowledging she received the information.

2. Notarized Parental Consent For Minor’s Abortion - (Nichols) Changes current Arizona law which requires that parents give written permission prior to their minor daughter getting an abortion to require that the signature be notarized.

3. Guidelines For Court Orders For Minor’s Abortion - (J. Allen) Provides guidelines as to how judges handle minors’ petitions requesting a court's permission to get an abortion.

4. No Insurance Taxpayer Subsidies For Government Employees’ Abortions - (Johnson) States that the "no taxpayer funding for abortion" law also applies to any city or political subdivision including abortions as a covered benefit in employee insurance plans.

5. Ban On The Sale Of Human Eggs For Cloning/Research. (Stump)

6. Payroll Deduction For School And Charitable Organization Tax Credits - (Martin) Allows an employee who wants to participate in any of Arizona's tax credit programs to have their donations deducted from their payroll.

7. Corporate Tax Credit For Tuition Scholarships - (Speaker Weiers) Initial bill passed by the legislature was vetoed by Gov. Napolitano who later allowed two similar bills to go into law without her signature.

8. Informed Consent for Human Egg Donations - (Stump) Requires that a woman be informed of the risks involved in egg donation prior to agreeing to donate her eggs.

9. Corporate Tax Credit For Tuition Scholarships Amendment - (Martin/Yarbrough) Modifies implementation of the tuition scholarships and how the Department of Revenue handles the funds.

10. First Amendment Rights For University Student Organizations - (L. Gray) States that a public university may not discriminate against a campus organization on the basis of their religious or political views.
Just as importantly, at least eight bills opposed by CAP did not become law. Most did not even get a legislative hearing. These bills would have expanded gambling at the racetracks, forced pharmacists to fill prescriptions regardless of any conscience or religious considerations, legalized physician-assisted suicide, and created a special “protected class” status for individuals on the basis of their “sexual orientation.”

State Budget Overview

Dear Friends,

Here are a few highlights of the $9.9 billion spending plan sent to the governor. If you have any questions do not hesitate to contact me, Trish Groe by phone at 928-279-3332 or by email at TrishGroe@frontiernet.net. My website is www.TrishGroe.com.

The centerpiece of the budget is the historic tax relief package aimed at hard-working families and businesses.

The $545 million tax relief package, the largest in state history, was approved and is comprised of $311 million in individual income tax cuts during the next two years, $215 million in a three-year suspension of the state-set property tax and the elimination of the state income tax for active military members.

Among other Republican initiatives included in this year’s budget:

Reduced gridlock

• To accommodate an exploding population, the Legislature took action to provide money to expedite freeway construction and put more money into local communities to build roads. The Legislature spent $307 million to accelerate freeway construction throughout the state to help move commerce and reduce gridlock. In addition, the Legislature funded highway patrol from the General Fund, freeing up $38 million of gas taxes for local governments to use on transportation needs.

Education•

$524 million for education, $300 million above new student growth and inflation. $100 million is designated for teacher salary increases and another $160 million over two years can be used for any purpose a district deems necessary, including voluntary full-day kindergarten.

The Legislature, however, ensured that districts are not allowed to “game the system” by barring schools from seeking additional capital dollars for kindergarten programs that the majority of districts already provide. This important reform will save the state hundreds of millions of dollars.

Another $2 million is going to the gifted student program and $19 million will go to build new schools for the School for the Deaf and Blind.

• In a major victory for children and families, school choice programs receive an additional $13 million. With a doubling of the amount businesses can contribute to tuition organizations through tax credits and an automatic 20 percent increase every year, more low- and moderate-income families can move their children out of failing schools. Two voucher programs were also approved for $2.5 million apiece; one goes to disabled students and another for foster and adopted children.

• $155 million for the three state universities, including $74 million in salary increases and $20 million in discretionary dollars spread amongst the universities based on student population, which can be used by each campus to address individual needs such as ASU’s expansion of its Williams Gateway campus.

Public safety

• The last several years have seen a concentrated effort to raise the salaries of our correctional officers. Earlier this year, all state employees received a 2.5 percent increase plus $1,650. The budget gives an additional $2,900 pay raise for correctional officers, for a total of $5,300 salary increase this year. That amounts to a 20 percent raise this year.

• The governor vetoed the Legislature’s $162 million comprehensive border security package but we have kept $26 million for the Gang and Immigration Task Force (GITEM), which will allow DPS to hire 100 immigration officers and provide $10 million to allow local communities to enter into agreements with the federal government to combat illegal immigration.

• Methamphetamine abuse is a scourge of our communities, both in our cities and rural areas. The Legislature set aside $8 million to fight meth abuse, including education, treatment and prevention.

• The Legislature allocated $5 million for 46 new DPS patrol officers.

Fiscal accountability (smoke and mirrors)

• Tricks and gimmicks are becoming a thing of the past.
This year, the Legislature eliminated the K-12 rollover of $191 million. And to begin to correct a budget gimmick started two decades ago, we increased the June estimated sales tax level from $100,000 to $1 million, meaning most businesses will no longer have to make two sales tax payments to the state each June.

• $484 million into the Rainy Day Fund to save for the next economic downturn.

• The federal government is now requiring states to verify the citizenship of people on the welfare rolls. This follows Arizona’s Prop. 200, which limits public benefits to legal residents.

The Legislature approved $5 million for eligibility workers to verify citizenship of all welfare recipients.
Legislative initiatives

• The Legislature gave $10 million for a veteran’s home in Southern Arizona to acknowledge the sacrifice made by Arizona veterans and provide them a safe and comfortable living environment.

• Continuing the Legislature’s recent practice of funding biomedical research, $7 million is going to autism research and $3 million is going to Alzheimer’s research.

All Aboard!

All Aboard!
Democrats boarding the school choice train

by Clint Bolick
June 23, 2006

The Arizona legislature’s 2006 session set a record for school choice legislation by enacting four new or expanded programs allowing disadvantaged children to attend private schools. Even more remarkable: The programs were enacted with a Democratic governor.

School choice has experienced unprecedented legislative success over the past two years for a few underlying reasons. First and foremost, the school choice movement is acting smarter. Advocates are pursuing small programs addressing specific problems that are difficult for politicians to oppose.

Another factor inducing a more tolerant attitude toward school choice among Democrats is that they are running out of viable alternatives. The U.S. Department of Education reported recently that three million children are attending schools that have failed to satisfy minimal state standards for at least six consecutive years.

For Democrats who truly believe in social justice, that presents a terrible dilemma: Either forcing children to remain in schools where they have little prospect for a bright future, or enlisting private schools in a rescue mission. Democrats are increasingly unwilling to forsake the neediest children.

Arizona is evidence of the possible. Although she could have allowed them to become law without her signature, as she did with the corporate scholarship tax credits, Gov. Napolitano yesterday became the first Democrat to sign new voucher programs into law. For children with disabilities or in foster care, how the bill became law is of little moment; but by affixing her imprimatur, Ms. Napolitano conveyed powerful symbolic evidence that the future for school choice is bright.


Clint Bolick is president and general counsel of the Alliance for School Choice and a Goldwater Institute senior fellow. A version of this article appeared in the Wall Street Journal

2007 State Budget Win For AZ Families

GROE NOTE: I do not agree with this perspective from the AZ Department of Commerce, a bloated government agency, but am including this press release to highlight a different perspective.

This week, the legislature passed and Governor Janet Napolitano signed into law Arizona’s budget for fiscal year 2007. It is a win for Arizona families, especially when it comes to jobs.

As you know, the scientific research, technology and innovation are keys to the future of the Arizona economy. This budget includes the $35 million 21st Century Fund, proposed by the Governor in her State of the State as Innovation Arizona. Its goal is to attract world-class researchers, accelerate the state’s technology market and bring innovative products to market. The result will be more high-paying jobs for Arizonans, and that will expand industrial growth and increase Arizona’s prosperity.

The Arizona Department of Commerce looks forward to the strong statewide collaboration in this endeavor. It will certainly move Arizona forward.

Gilbert Jimenez, Director
Arizona Department of Commerce
Our Job is JOBS!

Predictably, tax-cut foes aren’t logical

Guest Opinion: Predictably, tax-cut foes aren’t logical

Kirk Adams
The East Valley Tribune
June 20, 2006
Rep. Kirk Adams represents District 19.


It’s the middle of June, and predictably the temperatures are well above 100 degrees. No one who has lived in Arizona for even a short period of time would reasonably expect anything different

Likewise, the arguments put forward by those opposed to broad-based tax relief are expected and predictable. Like Bill Murray’s character in the iconic movie “Groundhog Day,” they keep doing and saying the same things over and over. The fact that they are consistently wrong is no deterrent. A factual review of the Republican tax-relief proposal exposes the stale rhetoric of the tax-and-spend lobby.

For example, the $525 million in tax relief is little more than 5 percent of the total $10.1 billion budget. Furthermore, the entire amount of tax savings is derived from surplus money. State government collected nearly $1.5 billion in surplus revenue in the last fiscal year. This is money that was not expected, nor was it appropriated in the previous year’s budget.

Even with tax relief, state spending will increase by over 10 percent, not even accounting for needed onetime expenditures. K-12 education will see a nearly $600 million increase. This is in addition to $4 billion of state money it already receives and the millions more in federal dollars. Transportation needs will get $345 million, correctional officers will receive needed pay raises, and many other priorities will see significant increases. Moreover, the 10 percent increase in state spending this year is on top of the 36 percent increase over the last three years. Since 2003 the state budget has grown from $6.5 billion to over $10 billion. This highlights how modest this proposed tax relief really is.

Opponents of tax relief continue to assert that cuts are bad because they permanently obligate future budgets. However, they never seem concerned that spending on new or expanded government programs also obligates future budgets. New government programs bought with new spending will only grow and demand more resources over time. Tax relief actually returns dollars to state coffers by increasing economic activity.

Opponents have also raised the tattered red flag of public safety. They mistakenly state reductions in income taxes reduce the cities’ take of state-shared revenues, bringing imminent peril to the ranks of police and fire. The fact is the dollar amount cities receive will actually increase, barring an economic downturn. Should such a downturn occur everyone will feel its effect, with or without a tax cut. However, the most likely scenario is that Arizona cities will continue to receive more state shared revenue each year.

The Republican proposal will bring welcome relief to property owners laboring under the burden of drastically increasing property taxes. The Republican plan dedicates $210 million in property tax reductions. It cuts income taxes by 10 percent, benefiting families, consumers, and small businesses.

Musty rhetoric can obscure the facts only if we let it. Citizens of Arizona would do well to remember the words of that great Democratic statesmen, Daniel Patrick Moynihan, who said, “Everyone is entitled to his own opinion, but not to his own facts.”

Losers few after state budget gets approval

Robbie Sherwood
Arizona Republic
June 18, 2006

This state budget was supposed to be easy.

The bad old days of recession and billion-dollar deficits of 2001-04 were a bad memory. A surging economy has driven revenues to a record $1.5 billion surplus.

But election-year posturing and deep divides among Republican legislative leaders and Democrat Gov. Janet Napolitano over virtually every issue with a price tag pushed the state to the brink of a shutdown.

Now it's over. And as painful and drawn out as the budget debate was, it's hard to find any losers.

The House and Senate overwhelmingly approved a $10 billion budget plan shortly after 1 a.m. Saturday that delivered huge investments in education, bioscience research, law enforcement and health care. Lawmakers also secured the largest single-year reduction in taxes in state history.


Want more roads and freeways? Got 'em. Want full-day kindergarten? Got it. Looking for money to help fight meth, diabetes, child abuse, obesity and a host of other social ills? It's there.

With only a handful of bills still alive, plus several potential ballot referendums, lawmakers could wrap up one of the state's longest-ever legislative sessions by the middle of this week. If the Legislature adjourns Wednesday, it will be the 164th day of the session. Here's how the winners and losers in the budget battle break down.

Winners:

Teachers and public schools. Napolitano and fellow Democrats won the perennial battle to expand full-day kindergarten statewide and scored every schoolteacher in the state a pay raise to boot.

Business community. Lawmakers cut taxes for the second straight year and threw down some serious cash, $35 million, to jump-start potentially lucrative bioscience and medical research through the 21st Century Fund. The plan includes a permanent income tax cut that grows to 10 percent and $300 million in two years, as well as a three-year timeout for the state's education property tax.


Senate President Ken Bennett, R-Prescott. He gave up on an artificial rule that required all the necessary 16 Senate votes to pass a budget come from Republicans. Instead, he worked hard to make the best deal possible and in the end was even lobbying reluctant House members to get on board.

The glassy-winged sharpshooter. This dangerous little pest just arrived in southern Arizona and could devastate the state's wine industry. A last-second push for $700,000 so the Department of Agriculture can fight the bugs didn't work out. The wine industry was a big winner this session with a new law allowing direct shipments to consumers, but it won't matter if the sharpshooter gets to the grapes first.

Probably winners, time will tell:

Napolitano. Napolitano got her way on full-day kindergarten and teacher pay and landed $95 million for a raft of other social-service, health-care and economic-development programs. But she had to eat income- and property-tax cuts that were both more than she and her now peeved Democrat base were comfortable with.

House Speaker Jim Weiers, R-Phoenix. Weiers was the last on board with the budget agreement among the House, Senate and Napolitano. And he had the hardest time rounding up support for the plan while quelling potential rebellions from Republican conservatives and moderates on either side. But he eventually delivered at least 31 Republican votes for the key budget bills and likely preserved his job as speaker.

Losers:

Sen. Jack Harper, R-Surprise. Harper led with his chin when he went from fiscal hawk to the pork king when he sold his support for a Senate budget plan for a $17 million road project in his legislative district. Harper had earlier criticized his colleagues for pork spending while holding a live baby pig.

When fellow lawmakers nixed the Jomax Road expansion, dubbed "the Harper Highway," Harper's support for the budget melted away.


House Minority Leader Phil Lopes, D-Tucson. House Democrats were the most upset with Napolitano for giving in to Republicans on a $300 million permanent income-tax cut and a three-year suspension of a state-levied property tax that will cost $200 million a year. While most of the 21 Democrats realized the deal was the best they were going to get, Lopes led a small band of five to six members on the far-left wing of his caucus to vote against nearly all the budget bills.

Too soon to tell:

Shared state revenues. Mayors and other city leaders were hitting the panic button over the income-tax cut because it threatened to reduce shared state revenues for public safety and other services. Cities wanted their 15 percent haul increased so the tax cuts wouldn't hurt their budgets. Instead, lawmakers promised to "hold cities harmless" in two years, when cities collect their share of this year's tax haul. The Senate tax cut includes a clause setting aside $717 million in 2009 so cities won't see a drop in revenue that year. But the "pre-appropriation" can be changed by future Legislatures and doesn't address what happens to shared revenues after 2009.

Proposed Illegal Immigration Legislation

HB 2577

Immigration Policy; Forgery; Employment; Licensing

This bill as engrossed contains an Appropriation.

HB 2577 stipulates that an employer who verifies the immigration status of their employees through the Basic Pilot Program and complies with all federal and state flaws regarding lawful employment is not subject to any civil sanction or criminal penalty imposed for employing an illegal alien.


Provisions

Forgery· Expands the definition of forgery to include if a person falsely makes/alters a written instrument that fulfills the requirements for establishing identity/eligibility to work in the U.S. and is used to obtain employment by a person not authorized to work in the U.S.

· Makes the new forgery offense a Class 3 felony.

· Requires the court to award damages incurred by any employer who relied on the forged instrument in hiring/employing a person who wasn’t authorized to work in the U.S., including the employer’s costs, attorney fees and expenses, if the court orders restitution for the forgery offense.

Employment of an Unauthorized Worker

· Exempts an employer from any civil sanction/criminal penalty imposed by the state for employing an unauthorized worker if the employer either:

­ Voluntarily verifies the immigration status of the employer’s employees through the Program.

­ Complies with all federal and state laws regarding lawful employment.

· Requires an employer to discharge an employee if the employer discovers that the employee provided an invalid social security number (SSN). Does not apply if:
­ The employee provides an accurate SSN or legal or valid federal or state identification document within ten business days, or
­ An error occurred when a valid SSN was processed by the employer.

· Provides that beginning January 1, 2007, if an investigation by an agency determines that a person who operates a business/enterprise in Arizona employs an unauthorized worker, the agency must notify the Attorney General (AG).

­ Upon notification, the AG must immediately:

Ø Order the person to cease and desist from employing the unauthorized worker and discharge any other unauthorized worker. The AG must confirm that the employer received the cease and desist order through an appropriate method.

Ø Notify the United States Immigration and Customs Enforcement

­ The person must comply with the cease and desist order within ten business days after the AG confirms that the person received the order. If the person fails to comply, the AG may assess a civil penalty of $5,000.

· Provides the following list of circumstances that unless satisfactorily explained, may give rise to the inference that an employer knowingly employed an unauthorized worker if:

­ The employer pays the employee with cash instead of by check or automatic deposit.

­ The employer uses the services of a person who is either known to be or acting in concert with others who are violating Title 13, Chapter 23 (Organized crime, fraud and terrorism).

­ The employer violates the minimum wage requirements of the Fair Labor Standards Act.

­ The employer accepts a consular identification card issued by a foreign government as a form of identification when determining the employee’s identity.

· Allows the agency or AG to bring a civil cause of action to have the person’s license suspended or revoked if the person fails to comply with the cease and desist order.

· Requires employers to make payments of contributions for employment security purposes, secure workers’ compensation and withhold from employees as required by law.

· Requires all employers to complete and retain I-9 eligibility forms for all employees.

· States that if the AG determines that an employer has failed to complete/retain I-9 forms, the AG shall notify the United States Citizenship and Immigration Services.

· Requires an enforcement agency to coordinate with the Department of Economic Security, the Industrial Commission and the Department of Revenue to investigate employers that fail to comply with the specified employment laws.

· Prescribes the following for a 1st violation during a one-year period for an employer who knowingly failed to comply with the specified employment laws:

­ Requires the enforcement agency to mail written notice describing the violation to the employer.

­ Allows the employer to contest the agency’s determination within 30 days of receiving the notice. The employer must submit supporting evidence that the employer did not commit a violation and the agency must give the employer a reasonable amount of time to obtain copies of supporting information from federal and state agencies.

­ Provides that the enforcement agency must evaluate the evidence and issue a final determination. The final determination shall be mailed to the employer.

­ States that if the employer does not contest the original determination or if the final determination affirms the violation, the employer is subject to a civil penalty of $2,000 per employee (not to exceed $10,000) that the employer knowingly failed to comply with the employment laws.

­ Deposits 50% of the monies from the civil penalty in the state general fund.

­ Deposits the other 50% of the monies in the:

Ø State general fund if the AG initiated the action, or
Ø County general fund if the County Attorney initiated the action, or
Ø City or town general fund if the city or town attorney initiated the action.

­ Subjects the employer to an additional penalty equal to the amount of revenue lost to the state because of the violation. These monies are deposited in the general fund.

· Prescribes the following for a 2nd violation during a one-year period:

­ Makes a 2nd violation a Class 1 misdemeanor. Exempts the employer from prosecution if the process for a first violation is not totally completed.

­ Allows the court to order the employer’s license be suspended on conviction.

­ Requires the court to order the employer to pay an additional assessment of $4,000 per employee that the employer hired and knowingly failed to comply with the employment laws.

­ Deposits 50% of the monies from the assessment into the general fund.

­ Deposits the other 50% of the monies in the:
Ø State general fund if the AG initiated the action, or
Ø County general fund if the County Attorney initiated the action, or
Ø City or town general fund if the city or town attorney initiated the action.

­ Requires the employer to pay an additional assessment equal to two times the amount of revenue lost to the state because of the violation. Deposits these monies in the general fund.
· Prescribes the following for a 3rd violation during a one-year period:

­ Makes a 3rd violation a Class 1 misdemeanor and requires the court to sentence the employer to the maximum sentence.

­ Allows the court to order the employer’s license be suspended/revoked on conviction.

­ Requires the court to order the employer to pay an additional assessment of $6,000 per employee that the employer hired and knowingly failed to comply with the employment laws.

­ Deposits 50% of the monies from the assessment into the general fund.

­ Deposits the other 50% of the monies in the:

Ø State general fund if the AG initiated the action, or
Ø County general fund if the County Attorney initiated the action, or
Ø City or town general fund if the city or town attorney initiated the action.

­ Requires the employer to pay an additional assessment equal to three times the amount of revenue lost to the state because of the violation. Deposits these monies in the general fund.

­ States that the enforcement agency must record the judgment as a lien against the employer.

­ Provides that these penalties are in addition to any other penalties allowed under law.

· States that the penalties under this new section are in addition to any other penalties that may be imposed by law.

· Prohibits law enforcement authorities from providing incentives to officers for investigating alleged violations of this section.

· Expands the duties of the Director of the Department of Administration to include verifying the authorization for employment in the U.S. of every state employee through the Program or a successor program.

Licensing

· Requires an applicant for any license received from a state agency/political subdivision to provide a signed affirmation that the applicant has complied with all federal and state laws regarding the authorization for employment in the US for all employees of the applicant.

· Prohibits an agency or political subdivision from issuing a license to any applicant who fails to submit the signed affirmation.

· Provides that beginning January 1, 2007, each agency/political subdivision that issues licenses must conduct annual random audits of up to 5% of all persons issued a license to determine if they are knowingly employing unauthorized workers.

· Prohibits an agency/political subdivision from simultaneously conducting a separate audit of a person if an agency/political subdivision is already conducting an audit of that person.

· Requires the audit to consist of the following:

­ The agency reviewing the signed affirmation

­ The agency reviewing the completed I-9 eligibility forms retained by the employer

· Allows the audit to also consist of a verification of the employment authorization of the person’s employees through the Program and the person’s compliance with federal and state laws regarding lawful employment.

· States that if the audit determines that a person knowingly employs an unauthorized worker, the agency must notify the AG. Upon notification, the AG must immediately:

­ Order the person to cease and desist from employing the unauthorized worker and discharge any other unauthorized worker. The AG must confirm that the employer received the cease and desist order through an appropriate method.

­ Notify the United States Immigration and Customs Enforcement

· Requires the person to comply with the cease and desist order within ten business days after the AG confirms that the person received the order.

· Allows the AG to assess a civil penalty of $5,000 against any person who fails to comply with the cease and desist order within ten business days.

· Provides that the agency or AG may bring a civil cause of action to have the person’s license suspended or revoked if the person fails to comply with the cease and desist order.

· Provides the following list of circumstances that unless satisfactorily explained, may give rise to the inference that an employer knowingly employed an unauthorized worker if:

­ The employer pays the employee with cash instead of by check or automatic deposit.

­ The employer uses the services of a person who is either known to be or acting in concert with others who are violating Title 13, Chapter 23 (Organized crime, fraud and terrorism).

­ The employer violates the minimum wage requirements of the Fair Labor Standards Act.

­ The employer accepts a consular identification card issued by a foreign government as a form of identification when determining the employee’s identity.


Immigration Ombudsman-Citizens Aide

· Requires the Ombudsman-Citizens Aide to appoint an Immigration Ombudsman-Citizens Aide to receive complaints and provide immigration information to employers. Provides that the Immigration Ombudsman Citizens Aide serves at the pleasure of the Ombudsman-Citizens Aide.

· Requires the Immigration Ombudsman-Citizens Aide to:

­ Forward complaints indicating that employers are employing unauthorized workers to the AG.

­ Provide employers with information that helps them comply with the federal immigration laws, including assistance on enrolling in and using the Program.

· Appropriates $100,000 and 1 Full-Time Employee (FTE) position in FY 2006-2007 to the Ombudsman-Citizens Aide for the purpose of Immigration Ombudsman-Citizens Aide and exempts the apppropriation from lapsing.

Miscellaneous

· Adds any amount of salary/compensation paid to an unauthorized worker that is deducted as a business expense to the Arizona gross income for the purpose of computing Arizona adjusted gross income.

· Defines agency, employer, basic pilot program, enforcement agency, unauthorized worker, license and sanction.

· Contains a severability clause.

· Allows this act to be known as the “Fair and Legal Employment Act.”

· Directs the Secretary of State to submit this proposition to the voters at the next general election.

· Makes technical and conforming changes.