||||| From: desertphile@RE-MOVEhotmail.com (Shy David) Newsgroups: alt.religion.scientology Subject: Scientologist Randal Suggs and the CCHR front group Date: Sat, 15 Feb 2003 04:12:36 GMT Keywords: crime syndicate, facts about scientology Organization: -NONE- Reply-To: desertphile@RE-MOVEhotmail.com X-Newsreader: Forte Free Agent 1.11/32.235 X-NFilter: 1.2.0 NNTP-Posting-Host: 63.208.247.87 X-Original-NNTP-Posting-Host: 63.208.247.87 Message-ID: <3e4dbe3f@news2.lightlink.com> X-Trace: 14 Feb 2003 23:12:47 -0500, 63.208.247.87 X-Original-Trace: 14 Feb 2003 23:12:47 -0500, 63.208.247.87 Lines: 1113 Path: news2.lightlink.com Xref: news2.lightlink.com alt.religion.scientology:1595907 http://www.azleg.state.az.us/legtext/44leg/1r/comm_min/house/0325.fms.htm COMMITTEE ON FEDERAL MANDATES & STATES' RIGHTS March 25, 1999 ARIZONA HOUSE OF REPRESENTATIVES Forty-fourth Legislature - First Regular Session COMMITTEE ON FEDERAL MANDATES & STATES' RIGHTS Minutes of Meeting Thursday, March 25, 1999 House Hearing Room 2 - 7:30 a.m. TAPE 1, SIDE A Chairman Jarrett called the meeting to order at 7:45 a.m. and the attendance was noted by the secretary. Members Present Mrs. Blewster Mrs. Brimhall Mr. Cardamone Mr. Brotherton Ms. Griffin, Vice Chair Mrs. Jarrett, Chair Members Absent None Speakers Present Jodi Jerich, Majority Research Analyst Names of persons recognized by Chairman Jarrett who appeared in opposition to S.B. 1313 but did not speak (page 3) Names of persons recognized by Chairman Jarrett who appeared in support of S.B. 1313 but did not speak (pages 3 and 4) Lee Payne, Majority Intern Senator Tom Smith, sponsor Name of person recognized by Chairman Jarrett who appeared in support of S.B. 1037 but did not speak (page 4) Brian Lockery, Majority Assistant Research Analyst Dean Miller, Legislative Liaison, Arizona Department of Commerce Elizabeth Hatch, Majority Research Analyst Martin Moore, Executive Director, Eastern Arizona Counties Organization Representative Jake Flake, sponsor Names of people recognized by Chairman Jarrett who appeared in support of S.B. 1222 but did not speak (page 7) Melodie Jones, Majority Research Analyst Diana O'Dell, Majority Research Analyst Dan Gruender, representing Arizona Chamber of Commerce Name of person recognized by Chairman Jarrett who appeared in support of S.B. 1211 but did not speak (page 8) Names of people recognized by Chairman Jarrett who appeared in support of S.B. 1286 but did not speak (page 9) Tom Dorn, representing Community Association Institute Tami Stowe, Majority Research Analyst Janna Day, representing Facilitec, Inc. Rip Wilson, representing FARE Committee and Xerox Corporation Scott Smith, Legislative Liaison, Arizona Department of Administration (DOA) Name of person recognized by Chairman Jarrett who appeared in support of S.B. 1267 but did not speak (page 11) Paula Moen, Grants Coordinator, City of Glendale Becky Hill, League of Cities and Towns Donita Robinson, representing herself, Peoria Dr. Glenn Lippman, President, Arizona Psychiatric Society Names of people recognized by Chairman Jarrett who appeared in opposition to S.B. 1038 but did not speak (page 13) Dr. Aimee Schwartz, Medical Director, Department of Behavioral Health Services, Arizona Department of Health Services (DHS) Representative Mark Anderson, sponsor Richard Hayworth, Citizens Commission on Human Rights Names of people recognized by Chairman Jarrett who appeared in support of S.B. 1038 but did not speak (page 14) Jon Hinz, Director, Fairness and Accountability in Insurance Reform Jim Norton, Vice President, Public Affairs, Arizona Chamber of Commerce Names of people recognized by Chairman Jarrett who appeared in support of S.B. 1314 but did not speak (page 15) Guest List (Attachment 1) CONSIDERATION OF BILLS S.B. 1007, education; department of corrections - HELD BY CHAIRMAN S.B. 1073, juvenile justice coordinating committee - HELD BY CHAIRMAN S.B. 1194, voluntary remedial action now: year 2000; affirmative defense - HELD BY CHAIRMAN Chairman Jarrett announced that S.B. 1007, S.B. 1073 and S.B. 1194 will be held. S.B. 1373, construction; materials tax credit; extension S/E: possessory interest in-lieu tax - NOT ASSIGNED TO COMMITTEE Chairman Jarrett announced that S.B. 1373 has not been assigned to the Federal Mandates and States' Rights Committee. S.B. 1313, DUI, affirmative defense - DO PASS AMENDED Jodi Jerich, Majority Research Analyst, reviewed S.B. 1313 relating to affirmative defense (Attachment 2). She explained that under Arizona law, a person is guilty of driving under the influence (DUI) if the person has a blood alcohol content (BAC) of .10 percent or higher within two hours of driving a vehicle. A person is guilty of extreme DUI if the person has a BAC of .18 percent or higher within two hours of driving a vehicle. The crucial element of the DUI statutes is that having a .10 or .18 at the time of driving is not an element of the offense; the crucial element is whether the person has a .10 or .18 within two hours of driving. The Arizona Court of Appeals has upheld the two-hour rule. Current statute contains an affirmative defense which states that if the defendant produces credible evidence that he was below the minimum BAC at the time of driving, the State must prove beyond a reasonable doubt that the defendant was at or above the minimum BAC at the time of driving. S.B. 1313 eliminates the affirmative defense. Ms. Jerich explained that the Jarrett two-page amendment dated 3/24/99 adds a new affirmative defense which allows the defendant to claim that he consumed alcohol after driving but before being given a BAC test (Attachment 3). Without this amendment which adds new affirmative defense language, there is the possibility that the statute can be challenged as being over broad. Chairman Jarrett announced that she had Request to Speak forms from the following people who are opposed to Senate Bill 1313: Antonio Bustamante, representing Los Abogados Hispanic Bar Association Chester Flaxmayer, representing himself, Scottsdale Lisa Kula, Training Administrator, Scottsdale Police Department Gary Kula, representing himself, Scottsdale Dan Lowrance, Assistant Public Defender, Maricopa County Public Defender Caroline Rhodes, representing herself, Phoenix Jeri Wickersham, representing herself, Phoenix Robert Bruce Stirling, Assistant Director, City of Phoenix Public Defender Deborah Lynn Forehand, representing herself, Phoenix Stephen Paul Barnard, representing himself, Tucson Clifford Girard, representing himself, Phoenix Meg Wuebbels, Legislative Relations Coordinator, Maricopa County Public Defender Chairman Jarrett announced that she had Request to Speak forms from the following people who are in favor of Senate Bill 1313: Rick Knight, Lieutenant, Department of Public Safety (DPS) Edwin Cook, Executive Director, Arizona Prosecuting Attorneys' Advisory Council (APAAC) Paul Badalucco, Deputy City Prosecutor, City of Phoenix Jim Sawyer, Executive Director, Arizona Association of Counties Michelle Spirk, Toxicologist, Crime Laboratory Department of Public Safety (DPS) Todd Griffith, Scientific Analysis Superintendent, Department of Public Safety (DPS) Terry Hogan, Criminalist, Crime Laboratory, Department of Public Safety (DPS) Eugene Adler, Forensic Toxicologist, Crime Laboratory, Department of Public Safety (DPS) Vice Chair Griffin moved that S.B. 1313 do pass. Vice Chair Griffin moved that the Jarrett two-page amendment dated 3/24/99 be adopted (Attachment 3). The motion carried. Vice Chair Griffin moved that S.B. 1313 as amended do pass. The motion carried with a roll call vote of 4-2-0-0 (Attachment 4). S.B. 1037, drug treatment and education fund - DO PASS AMENDED Lee Payne, Majority Intern, summarized S.B. 1037 (Attachment 5). The bill retains the Department of Corrections' drug treatment and education revolving funding, and creates a similar fund for reimbursing school teachers for their out-of-pocket school supply expenses. The bill has a delayed effective date of September 1, 1999. Mr. Payne explained that the Jarrett two-line amendment dated 3/24/99 makes a technical change to the bill (Attachment 6). Senator Tom Smith, sponsor, advised that the funding for the drug and alcohol rehabilitation program was to end at the end of this year. This proposal will continue the program. The bill is funding-neutral, and has been approved by the Probation Department, the Department of Corrections and the courts. Mrs. Blewster asked whether the program has done any good. Senator Smith replied in the affirmative. He said it has been found that the recidivism rate has declined significantly when inmates continue on with this drug and alcohol program after release. Mrs. Blewster queried the cost per person. Senator Smith said he does not know but will provide that information. Chairman Jarrett announced that she had a Request to Speak form from the following person who is in favor of Senate Bill 1037: Alan Ecker, Legislative Liaison, Arizona Department of Corrections (ADC) Vice Chair Griffin moved that S.B. 1037 do pass. Vice Chair Griffin moved that the Jarrett two-line amendment dated 3/24/99 be adopted (Attachment 6). The motion carried. Vice Chair Griffin moved that S.B. 1037 as amended do pass. The motion carried with a roll call vote of 5-0-0-1 (Attachment 7). S.B. 1015, anatomical gifts; organ procurement S/E: supplemental reading instruction - DO PASS AMENDED S/E Brian Lockery, Majority Assistant Research Analyst, reviewed the Jarrett two-page strike-everything amendment dated 3/23/99 to S.B. 1015 (Attachment 8). The proposed amendment establishes a supplemental reading instruction program for pupils in the second, third and fourth grades. The bill appropriates $17 million in fiscal year 1999-2000 for implementation purposes (Attachment 9). Chairman Jarrett said the purpose for the striker is to establish a program that will be eligible to receive the $200 gifts people are allowed to give to schools. She said this would be an extra curricula program under the individual school districts which would be funded by donations to schools, not by General Fund monies. She advised that in order to strike language relating to the appropriation, the Committee will have to waive the Committee Rules. Vice Chair Griffin moved to waive the Committee Rules. Mr. Brotherton questioned whether the Rules need to be suspended. Chairman Jarrett advised that striking the appropriation language is substantive. Question was called for that the Griffin motion to waive the Committee Rules be adopted. The motion carried. Vice Chair Griffin moved that S.B. 1015 do pass. Vice Chair Griffin moved that the Jarrett two-page strike-everything amendment dated 3/23/99 be adopted (Attachment 8). Vice Chair Griffin moved that the two-page strike-everything amendment be amended as follows: Page 2, strike lines 11 through 14. The motion carried. Vice Chair Griffin moved that the two-page strike-everything amendment as amended be adopted. The motion carried. Vice Chair Griffin moved that S.B. 1015 as amended do pass. The motion carried with a roll call vote of 6-0-0-0 (Attachment 10). S.B. 1020, museum of discovery; repayment; repeal - DO PASS Lee Payne, Majority Intern, explained that S.B. 1020 eliminates the repayment requirement of a $200,000 loan from the Commerce and Economic Development Fund (CEDC) to the City of Stafford for the Mount Graham International Science and Cultural Foundation (Attachment 11). Mr. Brotherton asked the purpose of this legislation. Dean Miller, Legislative Liaison, Arizona Department of Commerce, explained that in 1994, the Legislature appropriated $350,000 from the CEDC for this project. The museum has been unable to repay the loan. The Department has no objection to forgiving the loan. Vice Chair Griffin related that the money is not coming out of the General Fund. She emphasized that it is an important bill for the community. Mrs. Blewster questioned whether the museum will be able to sustain itself in the future. Vice Chair Griffin disclosed that the museum is still in the process of being completed. It is hoped that it will be self-sustaining once it is completed. Vice Chair Griffin moved that S.B. 1020 do pass. The motion carried with a roll call vote of 4-0-1-1 (Attachment 12). S.B. 1222, apples; research and protection S/E: appropriations; land department; environmental projects - DO PASS AMENDED S/E Elizabeth Hatch, Majority Research Analyst, summarized the Griffin 14-line strike-everything amendment dated 3/22/99 to S.B. 1222 (Attachment 13). The bill appropriates $250,000 to the State Land Department in fiscal years 1999-2000 and 2000-2001 for the planning and implementation of environmental programs impacting the economic development of Greenlee, Graham, Gila, Navajo and Apache Counties (Attachment 14). Martin Moore, Executive Director, Eastern Arizona Counties Organization, testified in support of this legislation. He said the bill is very important to the economy of rural communities. Mrs. Blewster questioned the goal of the proposal, and asked why this is not left to free enterprise rather than using taxpayer money. Mr. Moore replied that this will be a combined effort of government and private enterprise. He advised the program is much broader than just the eastern Arizona counties. This addresses issues of both economic concerns to private enterprise and fiscal concerns to local government. Vice Chair Griffin asked Mr. Moore to comment on survey results of natural resource industries' interests. Mr. Moore said that most people want our natural resources industries to be productive. The survey showed they also want environmental responsibility and want to encourage economic opportunity in all of our areas, not just Maricopa and Pima Counties. Mr. Moore divulged that the survey was conducted at the request of the eastern Arizona counties to assess the attitudes of registered voters in the State. The results showed little difference in attitude between rural and urban areas of the State. He said people feel a strong sense of stewardship toward our public lands. He advised this bill requests partial funding for the environmental programs; the stability and long-term success will be dependent on the private sector. Mr. Brotherton queried whether this is already being done by the Land Department or Game and Fish Department. Mr. Moore said both Departments want to be involved in this effort. Representative Jake Flake, sponsor, read a poem by Baxter Black which he said expresses so well what this bill is trying to do to save the jobs of those who really care for the land (Attachment 15). He expressed alarm that federal and state governments are grabbing more and more land. He asserted the only people who are going to take care of the land are the people who earn their living from it. Vice Chair Griffin moved that S.B. 1222 do pass. Vice Chair Griffin moved that the Griffin 14-line strike-everything amendment dated 3/22/99 to S.B. 1222 be adopted (Attachment 13). The motion carried. Vice Chair Griffin moved that S.B. 1222 as amended do pass. The motion carried with a roll call vote of 4-0-1-1 (Attachment 16). Chairman Jarrett announced that she had Request to Speak forms from the following people who are in favor of Senate Bill 1222: Lewis Tenney, County Board of Supervisors, Navajo County Clarence Bigelow, County Manager, Apache County Bas Aja, Director of Government Relations, Arizona Cattlemen's Association S.B. 1239, foreign income tax credit S/E: budget limitations - DO PASS AMENDED S/E Melodie Jones, Majority Research Analyst, reviewed the Jarrett 19-line strike-everything amendment dated 3/23/99 to S.B. 1239 (Attachment 17). The bill provides a budget growth limitation to equal the percent growth in population and the percent increase to the gross domestic product price deflator (Attachment 18). Vice Chair Griffin moved that S.B. 1239 do pass. TAPE 1, SIDE B Vice Chair Griffin moved that the Jarrett 19-line strike-everything amendment dated 3/23/99 to S.B. 1239 be adopted (Attachment 17). The motion carried. Vice Chair Griffin moved that S.B. 1239 as amended do pass. The motion carried with a roll call vote of 4-2-0-0 (Attachment 19). S.B. 1211, regulatory reform conforming legislation S/E: unemployed benefits; calculations; severance pay - DO PASS AMENDED S/E Diana O'Dell, Majority Research Analyst, explained the Jarrett three-page strike-everything amendment dated 3/23/99 to S.B. 1211 (Attachment 20). The proposed legislation modifies the eligibility requirements and allocation of certain payments with respect to unemployment benefits (Attachment 21). The bill stipulates that a person is ineligible to receive unemployment benefits for any week in which he received vacation, sick or holiday leave payments, dismissal payments, severance pay or any other compensation from the person's employer. Mr. Brotherton questioned the need for this legislation. Dan Gruender, representing Arizona Chamber of Commerce, explained that under current law, unemployment benefits are deferred until vacation, sick or holiday leave payments runs out. This proposal adds severance pay to the list of payments that are deferred. Mr. Brotherton declared that people who are unemployed need this extra income. He wondered why they should not be able to receive the payment and then begin to receive unemployment benefits. Mr. Gruender said the purpose of the law is to provide a bridge for a period of time when the laid-off employee is not receiving any income. Chairman Jarrett announced that she had a Request to Speak form from the following person who is in favor of Senate Bill 1211: Don Hughes, Vice President, Arizona Association of Industries Vice Chair Griffin moved that S.B. 1211 do pass. Vice Chair Griffin moved that the Jarrett three-page strike-everything amendment dated 3/23/99 be adopted (Attachment 20). The motion carried. Vice Chair Griffin moved that S.B. 1211 as amended do pass. The motion carried with a roll call vote of 3-2-1-0 (Attachment 22). S.B. 1254, reservation schools; property; lease; sale - DO PASS Lee Payne, Majority Intern, explained that S.B. 1254 allows a school district governing board to sell or lease any school property to a tribal government agency if the school district is located on an Indian reservation (Attachment 23). Vice Chair Griffin moved that S.B. 1254 do pass. The motion carried with a roll call vote of 6-0-0-0 (Attachment 24). S.B. 1286, open meeting law S/E: mined land reclamation; remove repeal - DO PASS AMENDED S/E Elizabeth Hatch, Majority Research Analyst, explained the Jarrett four-line strike-everything amendment dated 3/22/99 to S.B. 1286 (Attachment 25). The bill repeals the provision of session law which states that if the Legislature fails to enact a dedicated funding source other than the General Fund by 1/1/01, the Mined Land Reclamation Program is repealed (Attachment 26). Chairman Jarrett announced that she had Request to Speak forms from the following people who are in favor of Senate Bill 1286: Drew Langley, Governmental Affairs, Arizona State Mining Inspector Paul Catanzariti, Reclamation Specialist, Arizona State Mining Inspector Jim Hartdegen, Government Affairs Advisory, Cyprus Climax Metals Company Representative Jake Flake, sponsor, stated this legislation repeals the repealer of State mine reclamation. He advised that if the State does not do this, the federal government will. This proposal will take care of the issue on the State's own terms, without interference from the Environmental Protection Agency or any other federal agency. The funds for reclamation are provided by the mines. Vice Chair Griffin moved that S.B. 1286 do pass. Vice Chair Griffin moved that the Jarrett four-line strike-everything amendment dated 3/22/99 be adopted (Attachment 25). The motion carried. Vice Chair Griffin moved that S.B. 1286 as amended do pass. The motion carried with a roll call vote of 6-0-0-0 (Attachment 27). S.B. 1233, tax exemptions; directory assistance subcontractors now: flag display; community associations - DO PASS AMENDED S/E: county formation initiative Elizabeth Hatch, Majority Research Analyst, reviewed S.B. 1233 which allows a community association member to display the American flag on a flagpole not more than 20 feet high (Attachment 28). Ms. Hatch explained the Jarrett five-line amendment dated 3/23/99 stipulates that the association may enact reasonable rules and regulations regarding the placement and manner of display (Attachment 29). Mrs. Blewster commented that it is a sad day in America when a bill such as this is proposed. Chairman Jarrett concurred with Mrs. Blewster. Chairman Jarrett announced that she will not offer her amendment. Tom Dorn, representing Community Association Institute, stated support of S.B. 1233. He said there is not one homeowners association in Arizona that prohibits the flying of the American flag. The proposed amendment allows associations to set rules and regulations for the placement of the flag. Chairman Jarrett retracted her announcement and stated the amendment will be offered. Vice Chair Griffin moved that S.B. 1233 do pass. Vice Chair Griffin moved the Jarrett five-line amendment dated 3/23/99 be adopted (Attachment 29). The motion carried. Vice Chair Griffin moved that S.B. 1233 as amended do pass. The motion carried with a roll call vote of 6-0-0-0 (Attachment 30). S.B. 1267, department of administration; procurement - DO PASS AMENDED Tami Stowe, Majority Research Analyst, summarized S.B. 1267 which revises the Arizona procurement code and establishes procedures for the solicitation and awarding of grants from State and federal monies (Attachment 31). The four major components of the bill include the solicitation and awarding of grants, General Services and Administration contracts, design-build and construction manager at risk, and competitive sealed proposals for construction contracts. Mrs. Blewster wondered what this bill will change. Ms. Stowe replied that a large portion of the bill deals with the solicitation and awarding of grants. The bill addresses design-build and construction manager at risk, and allows competitive sealed proposals for construction contracts which currently are not allowed. Janna Day, representing Facilitec, Inc., testified that Facilitec has experienced problems with the Department of Administration (DOA) due to the Request for Proposal process (RFP). She explained that the RFP requirements are such that a low bid submitted by Facilitec was not a major factor in the granting of a contract. She suggested that an amendment be offered which is patterned after the Federal Acquisition Regulations which specifies how the factors will be weighted and which will require DOA to conduct mandatory discussions with the parties. She advised that DOA is currently in the process of revising its procurement code. She asked that DOA work with Facilitec to address its concerns. Rip Wilson, representing FARE Committee and Xerox Corporation, expressed support of S.B. 1267, especially the bench marking provisions of this legislation. He explained this is an optional procurement tool for certain commodities that do not need to go through the bid process when it is a recurring item or technology. This bill will permit proposals to be received from vendors and suppliers at or below the price the commodity is provided to the federal government. He said it does not make sense to go through the bid process on these recurring purchases. Scott Smith, Legislative Liaison, Arizona Department of Administration (DOA), testified in support of S.B. 1267. He related that DOA is in the process of revising the procurement code to make it more customer-friendly and efficient for agencies, vendors and customers. Some of the major reforms include: authorizing State agencies to make purchases off the federal procurement statutes; taking the grant process out from the procurement process and establishing a grant process that will delegate authority to the agencies; and removing some controversial provisions relating to the design-build and construction management at risk. Vice Chair Griffin said she would be interested in working closely with DOA on this reform. Chairman Jarrett announced that she had a Request to Speak form from the following person who is in favor of Senate Bill 1267: Lynn Timmons, Grants Coordinator, City of Phoenix Paula Moen, Grants Coordinator, City of Glendale, spoke in opposition to S.B. 1267. She advised that several cities have had difficulties with the procurement process, particularly with the timeliness of notice and sharing of information related to the Request for Proposals (RFPs). She remarked that the State should provide technical assistance to all the nonprofits and municipalities who apply for grants, and this bill does not provide that. In addition, information comes very late in the process. She declared that time is needed to talk to the agencies about technical issues. Mr. Smith advised that DOA is working with agencies and the League of Cities and Towns to resolve issues. He encouraged Members to pass this bill and give DOA the opportunity to work with the stakeholders. Mrs. Blewster asked whether the State provides grants as well as the federal government. Mr. Smith replied in the affirmative. Mrs. Blewster queried whether the grant money bypasses the Legislative process. Mr. Smith replied that funding awarded by the federal government is not subject to Legislative appropriation. With respect to State grant monies, it may or may not be subject to Legislative appropriation, depending on the source of the money. In response to Mrs. Blewster's question concerning the total amount of grants given out by the State, Mr. Smith replied that he can get that information. Vice Chair Griffin commented that all communities need time to respond in a timely manner. She asked Mr. Smith to keep her posted. Becky Hill, League of Cities and Towns, advised that the League has approached DOA because of concerns expressed by municipal grant coordinators. The League is working with DOA and has found the Department to be very receptive. Vice Chair Griffin moved that S.B. 1267 do pass. Vice Chair Griffin moved that the Jarrett 37-line amendment dated 3/24/99 be adopted (Attachment 32). The motion carried. Vice Chair Griffin moved that S.B. 1267 as amended to pass. The motion carried with a roll call vote of 6-0-0-0 (Attachment 33). S.B. 1306, alternative fuel vehicles; inspection privatization S/E: education; SAIS timeline - DO PASS AMENDED S/E Elizabeth Hatch, Majority Research Analyst, summarized the Jarrett 78-page strike-everything amendment dated 3/23/99 to S.B. 1306 (Attachment 34). She explained that Arizona's current system of funding is based on the average daily number of pupils attending the school district in the prior year. The School Accountability Information System (SAIS) enables the Arizona Department of Education ((DOE) to receive data electronically concerning enrollment, withdrawals, and school finance from the individual school districts. This legislation strikes language pertaining to prior year funding and sudden growth budget, includes language detailing the operation of real-time funding through electronic submission of student-level data, and includes reporting language for school districts that sponsor charter schools (Attachment 35). TAPE 2, SIDE A Vice Chair Griffin said the freezing and holding harmless provision for the year will take care of some of her smaller school districts. She mentioned Sierra Vista, in particular, which is dependent on Fort Huachuca. The pupil enrollment in the school district varies when troops are stationed elsewhere. She asked for other situations that might adversely affect some of the school districts. Ms. Hatch said when a system is supposed to work for everyone, some schools will be affected. This legislation tries to address concerns about rapid movement of students such as described by Vice Chair Griffin to hold the schools harmless, allowing them to use their first month numbers for the remainder of the school year to make sure they get the money to at least finish out that year's contract. Vice Chair Griffin moved that S.B. 1306 do pass. Vice Chair Griffin moved that the Jarrett 78-page strike-everything amendment dated 3/23/99 be adopted (Attachment 34). The motion carried. Vice Chair Griffin moved that S.B. 1306 as amended do pass. The motion carried with a roll call vote of 5-0-0-1 (Attachment 36). S.B. 1038, family college savings program S/E: electroconvulsive therapy; consent - FAILED S/E Lee Payne, Majority Intern, reviewed the proposed two-page strike-everything amendment dated 3/23/99 to S.B. 1038 (Attachment 37). The bill specifies regulations for the use of electroconvulsive therapy (ECT) (Attachment 38). Donita Robinson, representing herself, Peoria, testified in support of S.B. 1038. She disclosed how her son committed suicide after he went through ECT therapy. The family was told by the psychiatrist that the therapy was safe. She said there is no way to prepare the family for ECT and no way to describe the therapy other than "horrible." After ten treatments, her son was released from the hospital. He could no longer take care of himself, his memory was affected, and he was in intense pain. Her son shot himself to end the pain. She begged Members to pass this bill. Dr. Glenn Lippman, President, Arizona Psychiatric Society, spoke against S.B. 1038. He distributed a packet of information citing reasons for the Society's opposition (Attachment 39). He advised that the bill calls for a study on information that has already been obtained, and will cost between $75,000 to $100,000 per year to obtain that information. There is no provision for funding in the bill to obtain the information. The bill makes no mention of what will be done with the study. The scope of research is not limited to ECT therapy, it includes all mental health. He suggested that the cost of the study may explode if research is done on everyone. Chairman Jarrett announced that she had Request to Speak forms from the following people who are opposed to Senate Bill 1038: Chris Herstam, representing Samaritan Health System Joe Abate, representing Arizona Association of Behavioral Health Programs, Arizona Osteopathic Medical Association, and Arizona Psychiatric Society David Landrith, Vice President, Arizona Medical Association Laurie Lange, Vice President, Public Affairs, Arizona Hospital and Healthcare Association Dr. Aimee Schwartz, Medical Director, Department of Behavioral Health Services, Arizona Department of Health Services (DHS), distributed an information sheet on ECT (Attachment 40). She related that the Department does not have an official position on this legislation but does have concerns. One concern is that the bill does not contain an appropriation. In response to Chairman Jarrett, Dr. Schwartz said she cannot say whether the Department would support the bill if it contained an appropriation. Dr. Schwartz advised Arizona is a member of Southwestern Consortium which has put together a 12-step guideline for proper treatment. After treatment is completed, ECT is treated as a last resort. She opined that if this bill is passed, it may prove so onerous that it may restrict ECT therapy. Another concern of the Department is that it may be difficult to obtain the information required by the bill. Representative Mark Anderson, sponsor, advised that the bill is simply asking for a study to gather data. The bill does not try to enforce policy; it is only asking for the opportunity to determine the use or misuse of ECT therapy. There is no appropriation in the bill, DHS has only to collect data. Mr. Brotherton remarked that this is an unfunded mandate on providers. Mrs. Blewster queried whether past studies done in Arizona have been looked at. Representative Anderson replied that he does not believe recent studies have been done in the State. Richard Hayworth, Citizens Commission on Human Rights, testified in support of S.B. 1038. He stated that over 100 people have reported abuse through shock treatments. He said there is a problem; however, the extent of the problem is unknown, which is the reason for the study. Mr. Brotherton commented that it is not known whether there are abuses. Mr. Hayworth disagreed. He said the extent of abuses is not known. Mr. Brotherton queried whether the Commission was founded by the Church of Scientology. Mr. Hayworth replied in the affirmative. Chairman Jarrett announced that she had Request to Speak forms from the following people who are in favor of Senate Bill 1038: Darlene Koel, representing herself, Phoenix Chery Reeves, representing herself, Glendale Randy Suggs, representing himself, Phoenix Ginny Leason, Assistant Director, Citizens Commission on Human Rights Les Koel, President, Citizens Commission on Human Rights Theressa Bernard, Director, Citizens Commission on Human Rights Vice Chair Griffin moved that S.B. 1038 do pass. Vice Chair Griffin moved that the Jarrett two-page strike-everything amendment dated 3/23/99 be adopted (Attachment 37 ). The motion carried. Vice Chair Griffin moved that S.B. 1038 as amended do pass. The motion failed by a roll call vote of 3-3-0-0 (Attachment 41). S.B. 1150, sex offenders; registration; notification S/E: preemption; lawsuits; political subdivisions - DO PASS AMENDED S/E Brian Lockery, Assistant Majority Research Analyst, reviewed the two-page strike-everything amendment to S.B. 1150 dated 3/22/99 (Attachment 42). The proposed amendment relates to actions against the firearms industry by this State or its political subdivisions (Attachment 43). Becky Hill, League of Arizona Cities and Towns, testified in opposition to S.B. 1150. She said she believes it is the job of the courts and the judiciary branch to decide the weight of the evidence and the validity of the claim. TAPE 2, SIDE B Mr. Brotherton queried whether this is an issue involving local control. Ms. Hill replied in the affirmative. Vice Chair Griffin brought up the fact that some cities and counties are suing gun manufacturers just because they know the manufacturers will settle out of court. Ms. Hill said she is not aware of the specifics of the suits. Jon Hinz, Director, Fairness and Accountability in Insurance Reform, spoke against S.B. 1150. He said this bill grants immunity to any organization or operation. He stated this is clearly a constitutional issue. In response to Mrs. Brimhall, Mr. Hinz answered that regulatory authority has nothing to do with this issue. This legislation grants an immunity to a government entity. He claimed it will have a constitutional basis. Mr. Brotherton said this appears to be an issue of separation of powers. Jim Norton, Vice President, Public Affairs, Arizona Chamber of Commerce, spoke in support of the proposed strike-everything amendment. The Chamber believes there will be continuing litigation against industries, such as the tobacco and firearms industries, which produce products that are bad for people's health. He said he believes State and local governments should be preempted from enjoining into these lawsuits. Mr. Brotherton asked whether Mr. Norton is in favor of preemption. Mr. Norton replied he is in this instance. Vice Chair Griffin disclosed that cities and counties throughout the country are filing on the manufacturers of firearms in order to generate revenues. She stated that if someone is injured because of a gun, the manufacturer should not be sued unless the reason for the suit is malfunction of the firearm. She related that the language of the bill has been looked at by attorneys who have found it constitutional. Vice Chair Griffin moved that S.B. 1150 do pass. Vice Chair Griffin moved that the Griffin two-page strike-everything amendment dated 3/22/99 be adopted (Attachment 42). The motion carried. Vice Chair Griffin moved that S.B. 1150 as amended do pass. The motion carried with a roll call vote of 4-2-0-0 (Attachment 44). S.B. 1314, campaign finance; salary prohibition - DO PASS Lee Payne, Majority Intern, explained that S.B. 1314 prohibits political candidates from using campaign funds to pay themselves, or members of their household, a salary (Attachment 45). The bill also limits donation of campaign monies. Mr. Brotherton questioned whether members of the household have to be family members. He expressed concern because of the overbreadth of the language. Chairman Jarrett concurred. She advised that the sponsor's intent was to include just family members. Chairman Jarrett announced that she had Request to Speak forms from the following people who are in favor of Senate Bill 1314: Donald Vance, Chairman, Arizona Association of Retired Persons Catherine Zandler, Legislative Chair, League of Women Voters of Arizona Vice Chair Griffin moved that S.B. 1314 do pass. The motion carried with a roll call vote of 5-1-0-0 (Attachment 46). S.B. 1143, open meetings; definitions; legal action S/E: open meeting laws - NO TIME S.B. 1340, political parties; state committees - NO TIME Without objection, the meeting adjourned at 11:10 a.m. _________________________________ Joanne Bell, Committee Secretary (Attachments and tapes on file in the Office of the Chief Clerk.) jb COMMITTEE ON FEDERAL MANDATES & STATES' RIGHTS 4/13/99 March 25, 1999