Dear Friends,

Please see the following update of some of the latest happenings at the Legislature.

First, HB 2130, my Large Lot Residential Property Tax proposal that will provide relief to urban residential property owners owning more than one acre, passed the full House 34-20 and the Senate Finance Committee 6-1.  Next it will go on to the full Senate for a floor vote. 

Second, HB 2669, my bill forming a task force to evaluate the Behavioral Health Funding Delivery System in the state, passed the House 55-3 and will be heard in Senate Health this week.  There is wide bi-partisan support for this effort which will illuminate the root cause of pervasive dysfunction and recommend corrective action.

Life and Women’s Issues

The Partial-Birth abortion ban passed the House 34-25.  HB 2769 mirrors the federal ban for this barbaric abortion practice and is needed at the state level in order to make the law enforceable locally.  This late term abortion procedure is never medically necessary to save the life of the mother. 

Parental Consent legislation passed the House 32-27.  Although minors must receive a parent’s consent before undergoing an abortion in Arizona, judicial bypass practices are so lax they leave minor girls without the protections they deserve and deny parents their rightful authority, a law which is overwhelmingly supported by the voters.  HB 2263 will put into law a court ruling detailing what judges should consider in cases where a minor seeks a court order for an abortion without obtaining a parent’s permission.

Non-Doctors performing abortions is the impetus behind HB 2269, which passed the House Health committee along a party line vote.  In no way does state law authorize non-doctors to perform abortions, but evidently some don’t get that.  One way abortion providers are getting around the fact that fewer physicians are in the business, at least one Tucson Planned Parenthood clinic has allegedly allowed a nurse practitioner to perform surgical abortions for eight years.  The bill will clarify what other Arizona statutes already imply – and prohibit nurses from performing abortions.  Even though abortion-rights groups claim they are “under attack” by the Arizona Legislature and fault the bill as “an attempt by extremists to play politics with women’s health and lives,” prohibiting non-doctors, who are not adequately prepared to treat potential complications from this risky surgical procedure, protects women from unsafe abortions.  Complications arise in about 10% of all surgical abortions performed.

Feeding Tube Removal – HB 2823 passed the House Health Committee unanimously. The bill prohibits surrogate decision makers from withdrawing the artificial administration of food or fluid from a patient.  This is a first step to addressing and correcting problems raised in Arizona law by the real life story of Jesse Ramirez.  Jesse was nearly starved to death when his feeding tube was removed prematurely following a serious auto accident.  Thankfully, as a result of a loving family member fighting the case in court, food and nutrition were restored to Jesse in time and he is now well on the path to recovery.  For future updates on these issues, go to www.azpolicy.org.

The Budget

Funding state government is the single most important job the legislature must accomplish each year.  Dramatically falling revenues over the past year and projections for their continued decline into 2009 are making the process a challenge, one might say, but the real frustration lies not in the knowledge of how to make do with less, but the votes to overcome the will of a Governor protecting state agency budgets to the point where our only option for addressing this year’s $1.2 BILLION shortfall is to keep state government spending at the same level this year, basically act as if there is no budget shortfall, "rob Peter to pay Paul" and borrow the rest.  While counties, cities and towns diligently cut budgets to accommodate similar lower revenues, the Governor proposes 1% cuts in state agencies – an expression of fiscal denial.   The Governor's revenue-generating proposals consist of transferring state responsibility for prisoners to the counties, more lottery advertising and photo-enforcement on all state highways.  I am not opposed to photo enforcement, but certainly not as a budget rescue measure!
The cause of the state’s $3 billion 2008/2009 budget deficit is not simply the result of revenue decline.  The die was cast when government spending increased faster than tax payers’ ability to pay for it.

Total dollar increase for all agencies: $3.2 billion.  Percent increase for all agencies: 43%.  Personal income growth increase: 35%.

* Total dollar increase in spending for major agencies: $3 Billion.  Total percentage increase: 44%.

* Major agencies include Health and Welfare, K-12, Higher Education, and Criminal Justice.

Total dollar increase for Health and Welfare: $770 million. 
Total percentage increase:  41%. Total dollar increase for K-12 education:  $1.5 billion.  Total percentage increase:  44%.  Source: Arizona Free Enterprise Club

Here is where the majority of Republican Legislators are in the debate:

• We believe that the budget situation is serious and that putting off the problem for another day is irresponsible
• Budget cuts and Rainy Day fund monies should be used before adding long-term new debt
• Any borrowing must be on a short-term basis, and repayments must be made as soon as possible
• We are not looking for, and do not believe in, an easy way out
• Budget crisis has been exacerbated due to inaction.  This crisis occurred at the end of last session, and we could have been called into a special session to stop the bleeding

Short Term Policies

• Borrowing is last resort only and should be limited.  Repayment should be swift, perhaps triggered.
• One-year moratorium on school construction
• Across-the-board cuts are necessary; 5% across-the-board in ‘08/10% in 09; OR $300 million in ’08 and $700 million in ’09.
• Two-month K-12 rollover is irresponsible
• Rainy Day Fund can be depleted, but for one-time spending only
• Layoffs and furloughs are necessary
• We support reforms in voter-protected initiatives that do not require voter approval (i.e. AHCCCS payments/benefits and Prop. 301 transportation OR base level funding increases
• Economic stimulus package is necessary, and that includes permanent repeal of the state equalization rate.  Raising taxes at this time is terrible economic and fiscal policy

Prognosis:

• Because we neither have the legislative votes nor hold the Governorship, we will probably be forced into significant borrowing this year and negotiate deeper cuts for next fiscal year.  Not good.
• The lesson:  elections matter!  33 Republicans in the House and 16 in the Senate, does not necessarily translate into a conservative majority, able to pass conservative legislation.  And it takes 40 votes in the House and 20 in the Senate to override a veto.  To reverse this trend more fiscally-responsible legislators are needed in office.

Employer Sanctions

HB 2745 makes numerous changes to the Legal Arizona Workers Act which took effect this year.  The bill modifies the crimes of taking identity of another person or entity and trafficking in the identity of another person or entity, addresses employees paid in cash and prohibits the issuing of licenses in Arizona to anyone who is not lawfully present.  For a complete list of the provisions and summary of the bill, click here.

When the state threatens to suspend or revoke a business license for any reason, it is important that this is done in a way that merits the action.  Applying state sanctions for hiring unauthorized persons is new territory for Arizona.  The possibilities of getting it wrong in one regard or another are very real.  Much of what we do at the legislature is fix unintended consequences of laws passed in prior years which is a good reason why legislating via the initiative system does not serve the public interest because voter approved measures cannot be changed legislatively without a 3/4 vote and without furthering the intent of the measure.  This bill will clarify many of the concerns businesses have with the law without weakening the original law.  In fact, by addressing under the table cash payments and ID fraud this bill strengthens it.  The bill is scheduled for a vote in the full House this week.
As always, your comments and questions are welcomed.   For more information, e-mail me at NancyBarto2008@cox.net or nbarto@azleg.gov.
Thank you for your involvement.
Nancy Barto

Paid for by NancyBarto2008.