ARIZONA HOUSE OF REPRESENTATIVES
Fiftieth Legislature – Second Regular Session
Minutes of Meeting
House Hearing Room 3 -- 9:00 a.m.
Chairman Gowan called the meeting to order at 9:08 a.m. and the secretary called the roll.
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Mr. Dial |
Mr. Harper |
Mr. Stevens |
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Mr. Gallego |
Mr. Miranda R |
Ms. Proud, Vice-Chairman |
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Mr. Hale |
Mr. Smith D |
Mr. Gowan, Chairman |
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None |
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HB2130 - DP (8-0-0-1) |
HB2476 - DPA (8-0-0-1) |
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HB2398 - DPA (8-0-0-1) |
HB2605 - DP (9-0-0-0) |
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HB2462 - DPA (8-0-0-1) |
HR2002 - DP (8-0-0-1) |
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HB2470 - DPA (6-2-0-1) |
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CONSIDERATION OF BILLS:
HB2398 - judicial actions; children; names; redaction - DO PASS AMENDED
Vice-Chairman Proud moved that HB2398 do pass.
Vice-Chairman Proud moved that the Gowan 13-line amendment dated 1/31/12 be adopted (Attachment 1).
Liz Dunfee, Majority Research Analyst, advised that HB2398 requires a letter to be used in place of a child’s name in court orders and minute entries relating to specific domestic cases (Attachment 2). The Gowan 13-line amendment specifies that this section does not prevent court employees from performing their job duties and makes technical and conforming changes (Attachment 1).
Representative Tom Forese, sponsor, said that HB2398 addresses technology and sensitive information about children in public records. He advised that the courts are very careful with information relating to children and mindful of protecting them; however, with the use of the internet, information about children in divorce cases is accessible to the general public. This bill protects that information as well as protecting the safety of these children.
Halina Reed, AgoraSense, representing self, expressed support of HB2398. She is concerned that through the internet, anyone can access a child’s private information, including educational, medical and psychological records. She asserted that children who have been brought into the court system through no fault of their own should not have their right to privacy taken away. She expressed hope that Members will show support for the privacy, dignity and liberty of Arizona’s youth by unanimous support of this bill.
Vice-Chairman Proud announced the names of those who signed in as neutral on HB2398 but did not speak:
Aaron Nash, Programs Manager, Arizona Association of Superior Court Clerks
Jen Sweeney, Government Affairs Director, Arizona Association of Counties
Question was called on the motion that the Gowan 13-line amendment dated 1/31/12 be adopted (Attachment 1). The motion carried.
Vice-Chairman Proud moved that HB2398 as amended do pass. The motion carried by a roll call vote 8-0-0-1 (Attachment 3).
HR2002 - Gustav Mohr Jr; military service - DO PASS
Vice-Chairman Proud moved that HR2002 do pass.
Alexis Burkhart, Majority Intern, stated that HR2002 recognizes Gustav Charles Mohr, Jr., for his exceptional military service to the United States of America (Attachment 4).
Representative Tom Forese, sponsor, read the Resolution to honor Gus Mohr, Jr. He maintained that it is imperative in this day and age to honor this country’s heroes. He introduced Mr. Mohr.
Gustav Mohr, Jr., representing self, stated that he is glad to have been able to serve his country and glad to be in Arizona. He advised that he is 90 years old and still flies a plane. He recounted many of his military experiences.
Question was called on the motion that HR2002 do pass. The motion carried by a roll call vote of 8-0-0-1 (Attachment 5).
HB2605 - law enforcement dogs; biting - DO PASS
Vice-Chairman Proud moved that HB2605 do pass.
Alexis Burkhart, Majority Intern, said that HB2605 excludes law enforcement agency dogs from statutory procedures relating to when a dog bites a person as long as the dog bite occurred while the dog was under proper law enforcement supervision and in the care of a licensed veterinarian (Attachment 6).
Representative J.D. Mesnard, sponsor, advised that HB2605 makes an exception to the law for dogs that bite someone in the line of duty.
Mr. Stevens queried whether this is a common occurrence. Representative Mesnard deferred the question of frequency to law enforcement; however, he related that it has occurred often enough for law enforcement to request this legislation. He maintained that being without the dogs puts law enforcement officers at a disadvantage.
Lyle Mann, Deputy Director, Arizona Peace Officer Standards and Training Board, said he echoes the sponsor’s comments. In reply to the frequency of bites, statistics indicate that once a month is the average.
Vice-Chairman Proud announced the names of those who signed up in support of HB2605 but did not speak:
Mike Williams, Phoenix Law Enforcement Association
James Mann, Arizona Fraternal Order of Police
Norman Moore, Attorney, Arizona Fraternal Order of Police
John Ortolano, Arizona Fraternal Order of Police
Don Isaacson, Arizona Fraternal Order of Police
Richard Bohan, Director of Government Relations, Maricopa County Board of Supervisors
Ray Churay, Deputy Director, Maricopa County Sheriff's Office
Richard Travis, Union Pacific Railroad
Luis Ebratt, President, Arizona Probation Officers Association, Arizona Conference of Police and Sheriffs
Brian Livingston, Executive Director, Arizona Police Association
Jen Sweeney, Government Affairs Director, Arizona Association of Counties
Question was called on the motion that HB2605 do pass. The motion carried by a roll call vote of 9-0-0-0 (Attachment 7).
HB2470 - municipal fire protection fee - DO PASS AMENDED
Vice-Chairman Proud moved that HB2470 do pass.
Vice-Chairman Proud moved that the Gowan 14-line amendment dated 1/31/12 be adopted (Attachment 8).
Liz Dunfee, Majority Research Analyst, reviewed the provisions of HB2470 that permit a municipality with a population of less than 20,000 persons that does not levy any property taxes to adopt a fire or emergency medical services fee if another municipality provides those services to the municipality (Attachment 9). The Gowan 14-line amendment dated 1/31/12 specifies that the fee can only be increased annually and in the same amount as the operating costs for the municipality charging the fee (Attachment 8). The amendment defines fire or emergency medical services fee and specifies that the bill does not authorize the municipality to collect fees pursuant to A.R.S. section 28-677.
Representative Kate Brophy McGee, sponsor, explained that the Town of Paradise Valley has an intergovernmental agreement with the City of Phoenix to staff its two fire stations with City of Phoenix firefighters. The Town of Paradise Valley has never assessed any property taxes in its 50-year history. With the recent recession, the Town’s revenues have decreased over 40 percent. HB2470 is the result of a two-year Town Council study to keep with its goal of smaller, more efficient government and determination not to levy a primary property tax. The Town is seeking statutory authority to enter into an intergovernmental agreement with the Maricopa County Treasurer to bill residents for fire and emergency services and for the enactment of an ordinance to assess residents for the fee. The only other option is to enact a primary property tax; however, the residents do not support that option.
Scott LeMarr, Mayor, Town of Paradise Valley, spoke in support of HB2470. He said this bill is very important to the community. He echoed Representative Brophy McGee’s testimony of very limited government: no public service provided by the community and no property tax. The five-year intergovernmental agreement with the City of Phoenix has been a “win” for both Phoenix and Paradise Valley. He responded to questions about how the fee is calculated, how the fee is different from a property tax, how it is supported by the residents, and how this can apply to other towns without fire service.
Lisa Trueblood, Council Member, Town of Paradise Valley, in support of HB2470, stated that this bill is extremely important for the Town of Paradise Valley. She shared some of the community outreach on this issue. She answered questions on non-payment of the fee and the possibility of the City of Phoenix ending the contract agreement.
Kevin McCarthy, President, Arizona Tax Research Association, stated opposition to HB2470. He asked Members to consider the long-term impact and precedent this will have on Arizona. He expressed concern about the process and the overall impact on Arizona’s public finance structure. Historically, in order to impose a property tax or fee, voter approval is needed. Allowing a local government to assess a fee by a simple majority of the Town Council is a significant precedent for this Legislature to make. Additionally, this proposal allows for a fee on property, so a city government that has maxed out its levy limit on property can also impose a fee on real estate. He maintained that this legislation is not just about Paradise Valley, but also how this practice spreads statewide.
Chairman Gowan mentioned that in order to prevent this from spreading statewide, he supports either a property tax but no fee, or a fee but no property tax.
Mr. McCarthy expressed concern that this legislation creates a significant new tax mechanism.
Representative Brophy McGee addressed Mr. McCarthy’s concerns. She raised the following points: the amendment caps the fee amount; the ultimate accountability is that Council members are subject to voter approval; and that every time a new law is enacted, it sets a precedent.
Mr. Smith said he likes Mr. McCarthy’s argument for voter approval and said he believes that would eliminate any controversy. Representative Brophy McGee reiterated that members of the Town Council are subject to voter approval.
Doug Cole, Lobbyist, Town of
Paradise Valley, in support of HB2470, reiterated that the main purpose of
this bill is for smaller government. The Town is asking to have the County
Treasurer collect the fire fee. The Town has the authority today to institute
the fee, create a billing department within the Town of Paradise Valley and
send bills to all residents. In response to
Mr. Smith’s question about letting the residents vote on this issue, Mr. Cole
advised that the Town has gone through an arduous public process on this.
Vice-Chairman Proud announced the names of those who signed up in support of HB2470 but did not speak:
Mike Colletto, Executive Director, Professional Fire Fighters of Arizona
Jim Ogsbury, Legislative Director, League of Arizona Cities and Towns
Kerry Hayden, Government Affairs Representative, Farmers Insurance Group of Companies
Vice-Chairman Proud announced the names of those who signed up in opposition to HB2470 but did not speak:
Jeff Sandquist, National Association of Industrial and Office Properties
Vice-Chairman Proud announced the names of those who signed up as neutral on HB2470 but did not speak:
Seth Apfel, representing self
Question was called on the motion that the Gowan 14-line amendment dated 1/31/12 be adopted (Attachment 8). The motion carried.
Vice-Chairman Proud moved that HB2470 as amended do pass. The motion carried by a roll call vote of 6-2-0-1 (Attachment 10).
HB2462 - animals; seizure; hearing; forfeiture - DO PASS AMENDED
Vice-Chairman Proud moved that HB2462 do pass.
Vice-Chairman Proud moved that the Gowan 12-line amendment dated 1/31/12 be adopted (Attachment 11).
Liz Dunfee, Majority Research
Analyst, stated that HB2462 establishes procedures relating to the seizure
of animals that are cruelly mistreated or neglected (Attachment 12). The Gowan
12-line amendment dated 1/31/12 removes all seizure language, lowers the bond
amount to $25 per animal, removes the seven-day time requirement in which the
hearing date must be set and makes technical changes.
Mr. Smith asked about the hearing date. Ms. Dunfee noted that the amendment removes the time period; the court has the discretion to set the hearing date.
Representative Michelle Ugenti, sponsor, advised that HB2462 creates a bonding system to expedite the termination of ownership. She explained that an owner has ten days to post the bond and request a forfeiture hearing. If the owner does neither, the animal is deemed abandoned and ownership is terminated. In addition, the bill lowers the bond from $200 to $25 per animal to cover some of the costs to care for the animals.
Mr. Smith again expressed concern about the striking of language that removes the time period to set the hearing. Representative Ugenti agreed that was a concern for her also; however, the courts requested that language.
Jerry Landau, Government Affairs Director, Arizona Supreme Court, in response to Mr. Smith, advised that whenever a statute sets a specific time frame, it conflicts with time frames of other cases. Justice courts have an extremely large civil docket, so letting the judge set the calendar addresses the problem.
Mr. Smith opined that a specific time should be set in statute to ensure a quick hearing so the owner can have his animal returned. Mr. Landau advised that there are a lot of cases that do not have specific time periods. He stated that criminal law has time frames, but civil law does not.
Ms. Dunfee explained that there are two sections; one section specifies that the hearing will be set within 15 days to determine whether the animal is vicious. Mr. Landau mentioned that is current law and seems to be working. Representative Ugenti stated that the other section deals with the bonding issue which concerns abused animals, not vicious animals, and that section takes out the time period. She agreed to revisit this section per Mr. Smith’s concern.
Matthew Summers, Sergeant, Maricopa County Sheriff’s Office, in support of HB2462, testified that he has served as the Supervisor for the Animal Crimes Investigation Unit for the past five years. He offered to answer questions.
John Bowen, representing self, testified in opposition to HB2462. His concern relates to warrantless entry into property to rescue suffering or abused animals. If an animal is suffering, there should be an expedited warrant process and aid should be rendered only after a warrant is issued. He expressed support for lowering the bond to $25.
Chairman Gowan stated that this bill is about posting to let the owner know where the animal is. Representative Ugenti agreed. She said that entering a property and seizing an animal is not what the bill is about. Law enforcement already has the authority to do that. This bill is simply about establishing a bonding mechanism.
Vice-Chairman Proud announced the names of those who signed up in support of HB2462 but did not speak:
Jessie Armendt, Phoenix Law Enforcement Association
Mike Williams, Phoenix Law Enforcement Association
Kari Nienstedt, Arizona State Director, The Humane Society of the United States
Richard Bohan, Director of Government Relations, Maricopa County Board of Supervisors
Ray Churay, Deputy Director, Maricopa County Sheriff's Office
Brian Livingston, Executive Director, Arizona Police Association
Luis Ebratt, President, Arizona Probation Officers Association, Arizona Conference of Police and Sheriffs
Levi Bolton, Vice President, Phoenix Law Enforcement Association, spoke in support of HB2462. He stated that mechanisms already exist for emergency entry. The intent of this legislation is to relieve suffering of the animal.
Vice-Chairman Proud announced the names of those who signed up as neutral on HB2462 but did not speak:
Seth Apfel, representing self
Question was called on the motion that the Gowan 12-line amendment dated 1/31/12 be adopted (Attachment 11). The motion carried.
Vice-Chairman Proud moved that HB2462 as amended do pass. The motion carried by a roll call vote of 8-0-0-1 (Attachment 13).
HB2130 - disease testing; public safety employees - DO PASS
Vice-Chairman Proud moved that HB2130 do pass.
Paul Benny, Majority Assistant Research Analyst, explained that HB2130 allows a public safety employee to petition the court to have a person tested for specified diseases if there is probable cause to believe that the person bit, scratched, spat or transferred blood or other bodily fluid to a public safety employee or volunteer who was performing an official duty (Attachment 14).
Representative Justin Pierce, sponsor, stated that this is a public safety issue. Under current law, the only way to have a person tested is if they are ultimately charged with a criminal complaint or if the person is deceased. This legislation adds to that section the authority to test if there is probable cause. It provides an added measure of protection to a public safety officer to find out if the officer has been exposed to certain blood diseases.
Jerry Landau, Legislative Liaison, Arizona Supreme Court, Administrative Office of the Courts, testified that this legislation is a protection for probation officers as well as police officers. HB2130 provides an added measure of protection to find out if the public safety officer has been exposed to a serious illness. There have been situations in the past where testing could not be ordered, even though there was probable cause of an exposure, because charges had not been filed yet. This bill closes a gap in the statute.
Lyle Mann, Deputy Director, Arizona Peace Officer Standards and Training Board, expressed support for HB2130. In the course of his duties, a public safety officer may come in contact with bodily fluids in other situations, such as rendering first aid. Because the person is not charged, there was no way to find out if the officer was exposed. The bill restricts this to official duties, which is a reasonable request. He asked Members to support this legislation.
Keith Benjamin, Sergeant, Chandler Police Department, representing Arizona Conference of Police and Sheriffs, in support of HB2130, related that there have been 12 officers in the last few years who have had to wonder whether they have been infected. It is believed there are no privacy issues with this legislation. The bill offers protection to officers.
Vice-Chairman Proud announced the names of those who signed up in support of HB2130 but did not speak:
Luis Ebratt, President, Arizona Probation Officers Association, Arizona Conference of Police and Sheriffs
Jacqueline Walker, City of Kingman
James Mann, Arizona Fraternal Order of Police
Norman Moore, Attorney, Fraternal Order of Police
John Thomas, Arizona Association of Chiefs of Police
John Ortolano, Arizona Fraternal Order of Police
Don Isaacson, Arizona Fraternal Order of Police
Dale Wiebusch, Legislative Associate, League of Arizona Cities and Towns
Kimberly MacEachern, Staff Attorney, Arizona Prosecuting Attorneys’ Advisory Council
Jen Sweeney, Government Affairs Director, Arizona Association of Counties
Ray Churay, Deputy Director, Maricopa County Sheriff's Office
Question was called on the motion that HB2130 do pass. The motion carried by a roll call vote of 8-0-0-1 (Attachment 15).
HB2476 - fire, building; life safety; continuation - DO PASS AMENDED
Vice-Chairman Proud moved that HB2476 do pass.
Vice-Chairman Proud moved that the Proud three-line amendment dated 1/23/12 be adopted (Attachment 16).
Alexis Burkhart, Majority Intern, stated that HB2476 continues the Department of Fire, Building and Life Safety until July 1, 2014 (Attachment 17). In addition, the bill contains a retroactive date of July 1, 2012. The Proud three-line amendment dated 1/23/12 corrects the name of the Department of Fire, Building and Life Safety based on changes to the Department’s name in 2006 (Attachment 16).
Vice-Chairman Proud, sponsor, advised that HB2476 continues the Department for a couple of years.
Vice-Chairman Proud announced the names of those who signed up in support of HB2476 but did not speak:
Mike Colletto, Executive Director, Professional Fire Fighters of Arizona
John Flynn, representing self
Dana Paschke, Partner, Policy, Arizona Association of Manufactured Home Owners
Richard Zettlemoyer, Legislative Director, Arizona Association of Manufactured Home Owners
Gene Palma, Director of Business Services, Department of Fire, Building and Life Safety, in support of HB2476, advised that the Department is on its way to implementing all of the recommendations made by the Auditor General’s Office. The Department has worked hard to improve the agency and respond to legislative needs.
Question was called on the motion that the Proud three-line amendment dated 1/23/12 be adopted (Attachment 16). The motion carried.
Vice-Chairman Proud moved that HB2476 as amended do pass. The motion carried by a roll call vote of 8-0-0-1 (Attachment 18).
Without objection, the meeting adjourned at 11:23 a.m.
______________________________
Joanne Bell, Committee Secretary
February 6, 2012
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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COMMITTEE ON MILITARY AFFAIRS
AND PUBLIC SAFETY
2
February 1, 2012
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