2007 Session Updates
This legislative session ended June 24th, one of the longest in state history at 164 days. While lengthy sessions in themselves don't bother me personally, they are not a beneficial trend for our state. Henry David Thoreau put it like this, “That government is best that governs least.”
My take on long sessions is that, because of our slim majority and the necessity of dealing with a Democrat Governor, they produce more laws than are warranted and certainly more spending than is justified. Here are the highlights.
Education
Direct state funding to the operations & maintenance of K-12 schools will grow by 8.3% ($335 million).
This additional funding includes precious little in the way of reforms, but there are a few bright spots including:
$2.5 m. for math & science and $2 m. for Master Teacher programs, $110,000 for Physical Education, $1 m. each for Technology and Reading Grants and $1 m. to continue the successful Teach for America program.
$3 m. for additional charter school increases
$45 m. for additional teacher salary increases (without tying it to a minimum salary proposal - a policy which would have presented an authority and budgetary overreach for state government and been difficult to implement logistically). According to the NEA website Arizona ranks 27th in the nation for average teacher pay ($42,905). This is 1.42 times more than Arizona's per capita income ($30,019). If you look at instructional staff which includes teachers, consultants, principals, guidance personnel, librarians, etc, Arizona ranks 11th highest ($54,836).
The Performance Pay Study Committee will have its final report ready by December '07. At that time we will be updated on what Arizona school districts are doing presently and how effective their programs are.
The ELL funding issue is still in the courts. The legislature is rightly challenging the lower court's authority to tell the legislature what specific appropriation constitutes an "adequate funding amount" for English Language Learners in Arizona.
Illegal Immigration
The biggest accomplishment on this front is the passage of a strong employer sanctions bill. The surprising news is that Governor Napolitano signed it! This law should put a significant dent in the practice of employers knowingly hiring those in the state illegally-an essential part of tackling one of the root causes of illegal immigration. Arizona is leading, as this is the toughest state immigration legislation in the nation.
We also succeeded in passing a measure requiring proof of legal presence in order to qualify for welfare benefits, child care subsidies and other public programs. It seemed counterintuitive that a law like this was necessary but here is an excerpt from page B of the instructions for applying for AHCCCS, cash assistance or general assistance in Arizona: "If you or anyone you are applying for does not want to tell us about their citizenship or immigration status, that person does not have to. We will NOT contact or try to get any information about ou, or anyone else that does not want to tell us about their citizenship or immigration status, from the USCIS. Persons who are not United States Citizens and are applying for AHCCCS Health Insurance, may not need to give us their citizenship or immigration status." As a result of the new law, people will no longer be able to self-declare their immigration status.
We also passed legislation clarifying the process for the courts implementing Prop. 100 - denying bail to those in the U.S. illegally and charged with serious felony offenses. The measure is an unequivocal remedy for dealing with the probability that those here illegally and who commit serious crimes pose likely flight risks, not to mention serious public safety concerns. The voters passed this referendum at the ballot in November by a 78% margin.
Taxes
The budget agreement included a provision allowing state tax deductions for families wishing to contribute to 529 college savings accounts.
We also succeeded in accelerating the business property tax ratio phase-down to 20% over 4 years rather than 8. We also established the Military Relief Fund, a tax credit benefiting military families.
The Legislature passed a law that will penalize cities in Maricopa and Pinal Counties that carve out special tax giveaways for developers. These incentives unfairly favor one business over another - a position local governments should not take.
Pro-Family
The state budget continues funding abortion alternatives grants, abstinence until marriage education and marriage skills programs - proven strategies for strengthening the time-tested values our country holds dear.
Arizona becomes one of the first states in the country to fund an adult stem cell-only tissue bank. The state budgeted $1 million towards this effort where people can donate umbilical cord blood, placentas, and other adult stem cells. Researchers then can use the tissue to find cures and treat individuals suffering from numerous diseases without destroying unborn children's lives. To date, over 70 diseases and ailments have been treated or cured using adult stem cells without destroying human embryos.
Arizona will be the first state to actually prohibit the HPV vaccine from being mandatory for school attendance. Prior to this enactment, state bureaucrats could have ordered the HPV vaccine to be mandatory for school-aged children without any legislative input and with weak parental opt-out provisions.
Legislation I co-sponsored requires Child Protective Services (CPS) to provide families, in writing and verbally, information regarding their rights and the rights of the CPS worker during an investigation of child abuse or neglect. There is much work to do to bring accountability to this agency, but making sure families are aware of their rights is a step in the right direction. The bold move taken last year by House and Senate leadership in the formation of the Legislative Office for Family Advocacy is helping exponentially with little expense.
Environment
We passed several pieces of water legislation that will give local rural areas the ability to manage their own water issues without the state taking over and making a one size fits none mess of it. Part of this involved granting authority to Southern Arizona localities to deal with the preservation of the Santa Cruz and San Pedro River Valleys while protecting the integrity of the most prominent military installation in the Southwest - Ft. Huachuca. This strategically located army base contributes $3 billion to the Arizona economy every year, is the home of the U.S. Army Intelligence Center and School and central to our current military information systems interoperability testing. At odds with federal EPA standards, tremendous development in the area threatens future military operations if environmental concerns are not addressed.
We passed air quality legislation that will help address the chronic non-attainment of the EPA standards major areas of the state have had trouble meeting. Without taking serious action the state stands to lose significant federal highway dollars. Rep. Ray Barnes was responsible for keeping the legislation focused and reality-based.
Criminal Justice
Sen. Jim Waring sponsored significant legislation that strengthened our DUI laws, forcing extreme DUI offenders (over .20 BAC) serve mandatory jail time, increasing fines and broadening aggravated DUI definitions. New laws also require all first time DUI offenders (.20 and above) install ignition interlock devices in their vehicles. The devices prevent drivers from starting their vehicles if it registers any alcohol on their breath and have a continuous monitoring feature ensuring the process cannot be outsmarted. Not only will these devices take impaired drivers off the roads, but encourage addicts to submit to alcohol & drug abuse treatment programs.
The state budget includes $400,000 to enforce a new law passed this session aimed at copper theft enforcement, a growing problem in the valley.
Criminal street gang activity, membership and promotion will render stiffer penalties in Arizona after this year's session, making it a class 2 or class 3 felony and allowing courts to add an additional five years to current presumptive sentences. A $2 million appropriation was earmarked for '08 for gang enforcement and GIITEM (Gang and Immigration Intelligence Team Enforcement Mission).
Disappointments this Session
A bill to raise the "burden of proof" standard for medical malpractice for emergency medical personnel & hospitals this year was narrowly defeated in the House after passing the Senate. This tort reform is important to all states as 43% of doctors surveyed (Harris Interactive 2002) say they have considered leaving medicine because of the current medical liability system. The report also states 79% of physicians order more tests than are medically necessary because of fear of malpractice lawsuits.
This reform for emergency doctors is a good first step to promoting a healthier business climate for the profession. Arizona is particularly vulnerable since we rank in the bottom 20% of doctors per capita in the U.S. even as our population continues to grow considerably. Unfortunately, the legislature is weighted with lawyers so moving ahead on this issue in the near future poses a real challenge.
The Parental Consent for abortion law is practically a joke in Arizona without codifying the court guidelines for judicial bypass exceptions. Judges routinely undermine parental authority in cases involving minors seeking an abortion without parental consent - without following the guidelines. A bill codifying the guidelines passed the House, but was caught up in the political budget negotiations in the Senate near the end of session and failed.
We came close to agreement on state trust land legislation - but the effort died near the end of session. I predict the issue will be brought back next session in time for the '08 ballot.
The legislature stifled innovative solutions to Arizona's highway transportation woes. Private sector financed freeway construction and maintenance and HOT lane proposals did not get far this session. Instead, budget negotiations yielded yet another smoke in mirrors short term fix: extending highway bonds from 20 to 30 years so the state could access $500 m. in highway dollars today. The money won't go very far for the price - which is one of the reasons I voted against this year's budget altogether. We need to be thinking practically and long term.
The legislature pushed hard to reduce mandates on private health insurance plans, which would increase consumer choice and make premiums more affordable for many of the uninsured. This bill passed the House, but failed in the Senate Health Committee.
No progress on giving voters a chance to lower the state's existing constitutional spending limit from 7.41 percent to 6.4 percent of state personal income. Without reform of the state's spending limit, more gigantic budget increases are sure to come.
No progress on reducing the rate of Arizona's job-killing corporate income tax. Tax cutting is viewed as a budget expense by many legislators rather than the economic driver that it truly is. This needs to change.
A bill I sponsored that would have taxed large lot residential properties fairly - at the 10% rate rather than at the vacant land rate of 16% for land over one acre - began well but met the Governor's veto pen after an amendment was added in the Senate. Next year we will try again to right this blatant wrong forcing some Arizona property owners to sell off their properties in order to pay rising taxes.
No progress on vouchers or tax credits, including a tax credit proposal that would have allowed donors until April 15 th to make scholarship donations for the previous tax year, and a proposed "G.I. Jr." program that would have given school-choice grants to children of US Armed Forces personnel.
Resources for border enforcement were slashed to $4.8 m. in the budget negotiations from the originally proposed $15 m.
Finally, legislation I sponsored to expand the school safety program, increasing the number of resource officers on school campuses, failed in this year's budget negotiations. Currently under 300 schools have resource officers on campus while requests for them continues to rise. Proven prevention programs such as this one should be a high funding priority for government as these specially trained officers head off threats to our childrens' safety and daily serve as positive law enforcement role models at their schools.
If you would like further information on any of these issues or one that is not mentioned, please feel free to e-mail or call me at any time. Your comments and input are always appreciated. Thank you.
Best Regards,
Rep. Nancy Barto
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