From: desertphile@RE-MOVEhotmail.com (Shy David)

Subject: Scientologist Randal Suggs and the CCHR front group

Date: Sat, 15 Feb 2003 04:12:36 GMT

Organization: -NONE-

Message-ID: <3e4dbe3f@news2.lightlink.com>


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