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ARIZONA STATE SENATE |
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48TH LEGISLATURE SECOND REGULAR SESSION
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MINUTES OF COMMITTEE ONJUDICIARY |
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DATE: |
February 25, 2008 |
TIME: 1:30 p.m. |
ROOM: SHR1 |
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CHAIRMAN: |
Senator Chuck Gray |
VICE CHAIRMAN: |
Senator Gould |
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ANALYST: |
Christina Estes-Werther |
ASSISTANT ANALYST: |
Jessica Ripplinger |
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INTERN: |
Heather Bernacki |
COMMITTEE SECRETARY: |
Bill Ritz |
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ATTENDANCE |
BILLS |
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Committee Members |
Pr |
Ab |
Ex |
Bill Number |
Disposition |
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Senator Cheuvront |
X |
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SB 1014 |
DPA |
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Senator Hale |
X |
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SB 1190 |
DP |
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Senator Johnson |
X |
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SB 1191 |
FAILED |
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Senator Miranda |
X |
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SB 1192 |
DPA |
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Senator Waring |
X |
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SB 1214 |
DPA |
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Senator Gould, Vice Chairman |
X |
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SB 1332 |
DP |
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Senator C. Gray, Chairman |
X |
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SB 1336 |
DPA |
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SB 1393 |
DP |
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SB 1395 |
DPA/SE |
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SB 1408 |
DPA |
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SB 1412 |
DPA |
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SB 1459 |
DPA |
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SB 1460 |
DP |
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SB 1477 |
DPA |
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SB 1500 |
DP |
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SCR 1011 |
DPA |
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SCR 1021 |
HELD |
Chairman Gray called the meeting to order at 1:38 p.m., and attendance was taken.
CONSIDERATION OF BILLS
SCR 1021 – accountability; clean elections for judges. – HELD
Christina Estes-Werther, Judiciary Research Analyst, explained SCR 1021 and the 4-line Chuck Gray amendment dated 2/15/08 at 1:44 p.m. (Attachment A).
Ruth McGregor, Chief Justice, Arizona Supreme Court, testified in opposition to SCR 1021 and answered questions posed by the Committee members.
Eric Ehst, Clean Elections Institute, testified in opposition to SCR 1021 and answered questions posed by the Committee members.
Todd Lang, Executive Director, Citizens Clean Elections Commission, testified as neutral to SCR 1021.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Judge Pendleton Gaines, representing himself, testified in support of SCR 1021 and answered questions posed by the Committee members.
Carol Turoff, representing herself, testified in support of SCR 1021.
Senator Gray announced SCR 1021 would be HELD.
SB 1190 – county sheriffs; powers and duties – DO PASS
Heather Bernacki, Judiciary Research Intern, explained SB 1190, the 5-line Chuck Gray amendment dated 2/22/08 at 10:01 a.m. (Attachment C), and the 3-line Chuck Gray amendment dated 2/22/08 at 9:57 a.m. (Attachment D).
Dennis Lusk, Judge, Justices of the Peace Association, testified in support of SB 1190 and answered questions posed by the Committee members.
Ray Churay, Deputy Director, Maricopa County Sheriff's Office, testified in opposition to SB 1190 and answered questions posed by the Committee members.
Nicole Stickler, Executive Director, Arizona County Sheriffs Association, testified in opposition to SB 1190.
Senator Gould moved SB 1190 be returned with a DO PASS recommendation.
Senator Gould moved the 5-line Chuck Gray amendment dated 2/22/08 at 10:01 a.m. The motion FAILED by voice vote.
Senator Gould moved the 3-line Chuck Gray amendment dated 2/22/08 at 9:57 a.m. The motion FAILED by voice vote.
The motion that SB 1190 be returned with a DO PASS recommendation CARRIED with a roll call vote of 5-2-0 (Attachment 1).
SB 1191 – nonpayment of fines; fees; consequences – FAILED
Heather Bernacki, Judiciary Research Intern, explained SB 1191 and the 5-line Chuck Gray amendment dated 2/22/08 at 10:04 a.m. (Attachment E).
Dennis Lusk, Judge, Justices of the Peace Association, testified in support of SB 1191 and answered questions posed by the Committee members.
Senator Gould moved SB 1191 be returned with a DO PASS recommendation.
Senator Gould moved the 5-line Chuck Gray amendment dated 2/22/08 at 10:04 a.m. The motion CARRIED by voice vote.
Edwin Cook, Executive Director, Arizona Prosecuting Attorneys Advisory Council, testified as neutral to SB 1191 and answered questions posed by the Committee members.
Senator Gould moved SB 1191 be returned with an AS AMENDED, DO PASS, recommendation. The motion FAILED with a roll call vote of 3-4-0 (Attachment 2).
In explanation of his vote, Senator Miranda stated “There are too many unintended consequences to this bill. We don’t know if it is going to apply to civil tickets or not. We don’t know if we are going to be arresting people that, quite frankly, just as soon pay their speeding ticket or anything like that so I vote ‘No’.”
SB 1336 – sexual conduct; minor; school teacher – DO PASS AMENDED
Christina Estes-Werther, Judiciary Research Analyst, explained SB 1336, the 9-line Chuck Gray amendment dated 2/22/08 at 11:16 a.m. (Attachment F), and the 2-line Cheuvront amendment dated 2/22/08 at 3:05 p.m. (Attachment G).
Senator Gould moved SB 1336 be returned with a DO PASS recommendation.
Senator Gould moved the 9-line Chuck Gray amendment dated 2/22/08 at 11:16 a.m. The motion CARRIED by voice vote.
Senator Cheuvront moved the 2-line Cheuvront amendment dated 2/22/08 at 3:05 p.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1336 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 7-0-0 (Attachment 3).
SB 1332 – DNA testing; arrest – DO PASS
Christina Estes-Werther, Judiciary Research Analyst, explained SB 1332.
Senator Gray announced the amendment would not be offered (Attachment H).
Jerry Landau, Legislative Liaison, Arizona Supreme Court, testified in support of SB 1332 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Waring moved SB 1332 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 5-0-2 (Attachment 4).
SCR 1011 – performance reviews; superior court commissioners – DO PASS AMENDED
Jessica Ripplinger, Assistant Research Analyst, explained SCR 1011 and the 4-line Chuck Gray amendment dated 2/22/08 at 10:16 a.m. (Attachment I).
Jerry Landau, Legislative Liaison, Arizona Supreme Court, testified in support of SCR 1011 and answered questions posed by the Committee members.
Senator Gray, bill sponsor, further explained SCR 1011 and answered questions posed by the Committee members.
Senator Waring moved SCR 1011 be returned with a DO PASS recommendation.
Senator Waring moved the 4-line Chuck Gray amendment dated 2/22/08 at 10:16 a.m. The motion CARRIED by voice vote.
Senator Waring moved SCR 1011 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 4-2-1 (Attachment 5).
SB 1393 – judicial rulings; applicability – DO PASS
Heather Bernacki, Judiciary Research Intern, explained SB 1393 and answered questions posed by the Committee members.
Senator Gray, bill sponsor, further explained SB 1393 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1393 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 4-3-0 (Attachment 6).
In explanation of her vote, Senator Johnson stated “I would like to commend you, Mr. Chairman, for running this bill. I think it is very important. We are having decisions made from the Supreme Court on a national level that refer to laws of other countries for their decisions and I don’t think that is right. I vote ‘Aye’.”
SB 1214 – concealed weapons; school grounds – DO PASS AMENDED
Christina Estes-Werther, Judiciary Research Analyst, explained SB 1214 and the 7-line Johnson amendment dated 2/22/08 at 2:32 p.m. (Attachment J).
Senator Johnson, bill sponsor, further explained the 7-line Johnson amendment dated 2/22/08 at 2:32 p.m.
Senator Gould moved SB 1214 be returned with a DO PASS recommendation.
Senator Johnson moved the 7-line Johnson amendment dated 2/22/08 at 2:32 p.m. The motion CARRIED by voice vote.
Senator Johnson moved SB 1214 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 4-3-0 (Attachment 7).
In explanation of his vote, Senator Cheuvront stated “With all deference to my esteemed colleague, I just don’t look at schools in any capacity as being a good place to have firearms. Whether it is someone who is deranged or someone who just happens to be a student or faculty. I vote ‘No’.”
SB 1459 – probation; drug offenses; illegal aliens – DO PASS AMENDED
Heather Bernacki, Judiciary Research Intern, explained SB 1459 and the 2-line Gould amendment dated 2/15/08 at 11:56 a.m. (Attachment K).
Senator Gould, bill sponsor, further explained SB 1459 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1459 be returned with a DO PASS recommendation.
Senator Gould moved the 2-line Gould amendment dated 2/15/08 at 11:56 a.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1459 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 4-3-0 (Attachment 8).
In explanation of his vote, Senator Cheuvront stated “I think that if this goes on the ballot I can see litigation and I am not sure we need that and I vote ‘No’.”
APPROVAL OF MINUTES
Senator Gray moved the minutes of February 18, 2008, be approved.
Without objection, the minutes were approved as distributed.
CONSIDERATION OF BILLS CONTINUED
SB 1408 – prohibited possessors; undocumented aliens. – DO PASS AMENDED
Jessica Ripplinger, Assistant Research Analyst, explained SB 1408 and the 3-line Chuck Gray amendment dated 2/22/08 at 3:04 p.m. (Attachment L).
Senator Gould moved SB 1408 be returned with a DO PASS recommendation.
Senator Gould moved the 3-line Chuck Gray amendment dated 2/22/08 at 3:04 p.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1408 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 7-0-0 (Attachment 9).
SB 1460 – sexual conduct; minor; classification – DO PASS
Jessica Ripplinger, Assistant Research Analyst, explained SB 1460 and answered questions posed by the Committee members.
Christina Estes-Werther, Judiciary Research Analyst, answered questions posed by the Committee members.
Senator Gould, bill sponsor, further explained SB 1460 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1460 be returned with a DO PASS recommendation. The motion CARRIED with a roll call vote of 7-0-0 (Attachment 10).
In explanation of his vote, Senator Cheuvront stated “I trust Mr. Gould is going to make those changes and he knows he doesn’t want the unintended consequences. I will vote ‘Aye’ but I particularly just don’t want the circumstances of when we destroy someone’s life for something they did as an adolescent.
In explanation of his vote, Senator Hale stated “I echo Senator Cheuvront’s concerns and I vote ‘Aye’.”
In explanation of her vote, Senator Johnson stated “I echo Senator Cheuvront’s concerns and I trust Senator Gould, too, so I will also vote ‘Aye’.”
In explanation of his vote, Senator Gould stated “Thank you for the expressions of trust from the Committee and I vote ‘Aye’.”
SB 1500 – unborn children; methamphetamine addicted mothers – DO PASS
Jessica Ripplinger, Assistant Research Analyst, explained SB 1500 and the 3-line Cheuvront amendment dated 2/22/08 at 1:44 p.m. (Attachment M).
Senator Gorman, bill sponsor, further explained SB 1500 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Herschella Horton, Chief of Legislative Services, Department of Economic Security, answered questions posed by the Committee members.
Senator Cheuvront further explained the amendment and answered questions posed by the Committee members.
Shannon Harper, Government Affairs Director, Planned Parenthood Arizona, testified in opposition to SB 1500 and answered questions posed by the Committee members.
Senator Gould moved SB 1500 be returned with a DO PASS recommendation.
Senator Cheuvront moved the 3-line Cheuvront amendment dated 2/22/08 at 1:44 p.m. The motion FAILED by voice vote.
The motion that SB 1500 be returned with a DO PASS recommendation CARRIED with a roll call vote of 4-3-0 (Attachment 11).
In explanation of his vote, Senator Cheuvront stated “I like the underlying precept of this and I hope that it changes because I don’t think there are sixteen votes in the Senate to get this through unless we make some of those changes and I vote ‘No’ at this time.”
SB 1412 – biological evidence; retention; preservation – DO PASS AMENDED
Jessica Ripplinger, Assistant Research Analyst, explained SB 1412 and the 15-line Chuck Gray amendment dated 2/22/08 at 10:36 a.m. (Attachment N).
Senator Huppenthal, bill sponsor, further explained SB 1412.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1412 be returned with a DO PASS recommendation.
Senator Gould moved the 15-line Chuck Gray amendment dated 2/22/08 at 10:36 a.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1412 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 7-0-0 (Attachment 12).
SB 1395 – orders of protection; animals. – DO PASS AMENDED/STRIKE EVERYTHING
Christina Estes-Werther, Judiciary Research Analyst, explained the 3-page Johnson strike everything amendment dated 2/21/08 at 11:56 a.m. (Attachment O).
Pete Creelman, representing himself, testified in support of SB 1395.
Karen Osborne, Elections Director, Maricopa County, testified in opposition to SB 1395 and answered questions posed by the Committee members.
Senator Johnson, bill sponsor, further explained SB 1395 and answered questions posed by the Committee members.
Kevin Tyne, Assistant Secretary of State, testified in opposition to SB 1395 and answered questions posed by the Committee members. Mr. Tyne also provided the Committee members with a handout entitled “Arizona Election security, education, and accountability requirements are among the tightest, most rigorous in the nation:” (Attachment P).
Jennifer Sweeney, Public Affairs Specialist, Arizona Association of Counties, testified in opposition to SB 1395.
Jim March, representing himself, testified in support of SB 1395.
RECESS
Chairman Gray recessed the meeting at 5:08 p.m. until the sound of the gavel.
RECONVENE
Chairman Gray reconvened the meeting at 5:20 p.m.
SB 1395 Continued
Drew Phillips, representing himself, testified in support of SB 1395.
Michael Shelby, representing himself, testified in support of SB 1395.
Dan Gutenkauf, representing himself, testified in support of SB 1395.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1395 be returned with a DO PASS recommendation.
Senator Gould moved the 3-page Johnson strike everything amendment dated 2/21/08 at 11:56 a.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1395 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 6-1-0 (Attachment 13).
In explanation of his vote, Senator Cheuvront stated “I have listened to the testimony and this is an issue that has come back year after year. I don’t see that there is a problem, honestly. I have incredible respect for Karen Osborne. I have known her throughout my fourteen years down here. But as long as this is permissive and allows the counties to choose if they want to do this or not do it I will vote for my esteemed colleague’s bill but if it changes to a “shall” I will not be on board. I vote ‘Aye’.”
In explanation of his vote, Senator Gray stated “I do think that the public needs to have a level of assurance. I actually do a good deal of work in the community and on the internet and there is a level of question as to the integrity. I think our election officials are doing a great job and I think that the integrity is there and I believe them but the fact remains that the public needs to be assured in their minds that there is a level of accuracy that the government can be trusted. I think that trust has, for whatever reason, has been somewhat eroded and I think this bill goes to that. I think there are many things also that this bill needs to do to fix some of those little things that we discussed today. I think it is a work in progress but I certainly support the concept and I vote ‘Aye’.”
SB 1477 – elections; manual audit revisions – DO PASS AMENDED
Christina Estes-Werther, Judiciary Research Analyst, explained SB 1477 and the 2-line Johnson amendment dated 2/22/08 at 11:20 a.m. (Attachment Q).
Senator Johnson, bill sponsor, further explained SB 1477.
Karen Osborne, Elections Director, Maricopa County, testified in opposition to SB 1477 and answered questions posed by the Committee members.
Kevin Tyne, Assistant Secretary of State, testified in opposition to SB 1477.
Thomas Ryan, Arizona Citizens for Fair Elections, testified in support of SB 1477.
Jim March, representing himself, testified in support of SB 1477.
Carol Corsica, Arizona Citizens for Election Reform, testified in support of SB 1477 and answered questions posed by the Committee members.
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gould moved SB 1477 be returned with a DO PASS recommendation.
Senator Gould moved the 2-line Johnson amendment dated 2/22/08 at 11:20 a.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1477 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 6-1-0 (Attachment 14).
In explanation of his vote, Senator Cheuvront stated “I said that Senator Johnson was surprised when certain individuals were not included in the process and I would hope that before it goes to the floor that everybody would come to the table and be able to give their input. I think good legislation has input from all sides, especially when it affects those individuals, and I vote ‘Aye’.”
In explanation of his vote, Senator Miranda stated “I am going to vote ‘No’ in Committee just hoping that they do talk and try to work this out.”
SB 1014 – gubernatorial nominations; senate confirmation process – DO PASS AMENDED
Christina Estes-Werther, Judiciary Research Analyst, explained SB 1014 and the 2-page Chuck Gray amendment dated 2/15/08 at 3:32 p.m. (Attachment R).
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gray, bill sponsor, further explained SB 1014.
Senator Gould moved SB 1014 be returned with a DO PASS recommendation.
Senator Gould moved the 2-page Chuck Gray amendment dated 2/15/08 at 3:32 p.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1014 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 7-0-0 (Attachment 15).
SB 1192 – perjury; classification – DO PASS AMENDED
Heather Bernacki, Judiciary Research Intern, explained SB 1192 and the 19-line Chuck Gray amendment dated 2/14/08 at 1:54 p.m. (Attachment S).
Senator Gray announced the individuals who registered their position on the bill (Attachment B).
Senator Gray, bill sponsor, further explained SB 1192 and answered questions posed by the Committee members.
Christina Estes-Werther, Judiciary Research Analyst, answered questions posed by the Committee members.
Senator Gould moved SB 1192 be returned with a DO PASS recommendation.
Senator Gould moved the 19-line Chuck Gray amendment dated 2/14/08 at 1:54 p.m. The motion CARRIED by voice vote.
Senator Gould moved SB 1192 be returned with an AS AMENDED, DO PASS, recommendation. The motion CARRIED with a roll call vote of 6-1-0 (Attachment 16).
In explanation of his vote, Senator Miranda stated “I think I am going to vote ‘Yes’ in Committee with the understanding that it needs to be fixed.”
There being no further business, the meeting was adjourned at 6:20 p.m.
Respectfully submitted,
Bill Ritz
Committee Secretary
(Audio recordings and attachments on file in the Secretary of Senate’s Office/Resource Center, Room 115. Audio archives are available at http://www.azsenate.gov).
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Committee on Judiciary
11 February 25, 2008
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