The Arizona Legislature Has Some Bad Bills In The Hopper.
By Tim Vanderpool
FUTURE SHOCK SURE has a firm foothold in Arizona. From
amorphous shopping malls and pre-fab villages to endlessly flabelliform
freeways, the Brave New World just keeps marching on, come hell
or high temperatures.
Not to be left behind, statehouse visionaries are determined
to drag us screaming into the millennium with a bumper crop of
bad legislation. Among them are efforts to gut the already pathetic
Growing Smarter plan, shred a few more civil rights, and squash
a woman's right to choose.
"There are just so many bills that constitute bad overall
policy," says Sandy Bahr, conservation outreach coordinator
for the Sierra Club. "Combined, some of them would do a lot
of damage. Probably the area we're most concerned about relates
to local authorities and their ability to manage growth."
Though varying widely, all pro-growth proposals share one thing
in common, she says. "They would require cities and counties
to compensate property owners if there's an action that impacts
the property's value. That includes just about anything cities
and counties would be doing to manage growth."
She singles out Senate Bill 1021 as "one of the more horrible
bills." Sponsored by Democrat Gus Arzberger, it sets a standard
20 percent value reduction rate for property impacted by local
general or comprehensive land use plans. "Then the property
owner would have to be compensated," Bahr says. "If
this bill passed, it would make Growing Smarter totally moot,
instead of just lame and weak. And it's kind of ironic, because
Arzberger sits on the Growing Smarter Commission."
The bill has passed the Senate, and currently sits in the House.
Bahr says it's part of a backroom deal, cut last year by Gov.
Jane Dee Hull to gain support among lawmakers for her Growing
Smarter scheme.
For Bob Beatson, head of the Arizona League of Conservation Voters,
House Joint Resolution 2001 ranks among the legislature's more
sordid recent efforts. Reflecting lawmakers' sentiments, the "ranting
and raving" non-binding resolution would return the environmental
state of affairs to the dark ages, he says.
"It's specifically aimed at communicating with the feds,
a political postcard from Arizona that stresses weakening the
Endangered Species Act, hurting efforts to protect forests, and
basically running roughshod over the environment."
Sponsors include Republicans Bill McGibbon, Jeff Groscost and
Steve Huffman.
SHIFTING FROM BAD to worse, Arizona Common Cause Director
Dennis Burke points to House Bill 2081 as a particularly nasty
affair. Officially championed by Republican Richard Kyle, Burke
says the measure is secretly sponsored by the hegemonic Salt River
Project utility.
The bill would let SRP pump cash into initiative and referendum
campaigns, a practice he says was largely curtailed by last year's
Clean Election ballot proposition. "In the process of trying
to create an exemption (for SRP), the law is so badly written
that it would enable almost all tax districts, such as irrigation
and fire districts--just about everything except libraries and
public transit--to make contributions," he says.
That means those districts could use public funds to influence
campaigns, regardless of how taxpayers felt about a particular
issue. "It would also make it easier for corporations to
solicit political contributions from their employees," Burke
says. "Right now, strict regulations say they can only solicit
by mail, and only twice a year. And there can't be any reprisals
if an employee says no.
"With this bill, the reprisal prohibition would remain,
but the two-times-per-year and mail-only limits would be removed.
So corporations could constantly be haranguing their employees
for political contributions, which is absolutely wrong."
On the civil rights front, Eleanor Eisenberg, executive director
of the ACLU's Arizona Chapter, says several fingerprinting measures
go too far. "I think pretty soon we're going to need to be
fingerprinted before we leave our homes," she says. "There
are a whole slew of bills that require fingerprinting for various
professional positions, some of which may--by a real stretch--make
sense. Many others really don't at all."
She also criticizes Senate Bill 1279, which would make it a felony
to post information about police officers on the web.
Sponsored by Republican Marc Spitzer and Democrat Linda Aguirre,
the bill arose from last year's flurry over a website posting
the names and addresses of all Phoenix cops. "From our perspective,
it might also have the ludicrous result of putting somebody in
prison for publishing information which is already available in
the telephone book," Eisenberg says.
To date, California is the only state with such a law.
"There are other bills that attempt to make information
about public and governmental officials secret," she says.
"Our concern is that this is a pretty slippery slope. Pretty
soon we're going to have a secret government."
Meanwhile, the Legislature continues injecting public policy
directly into the womb. According to Virginia Yrun, president
of Planned Parenthood of Southern Arizona, two absurd bills would
restrict a woman's right to abortion information.
"Interestingly enough, Senate Bill 1343 is titled 'a Woman's
Right to Know,' " she says. Sponsored by Democrat Linda Aguirre,
and Republicans Ken Bennett and Scott Bundgaard, "It would
require the state to dictate what physicians can and cannot discuss
with their clients concerning abortion procedures," Yrun
says. "They're trying to tell doctors exactly what a woman
needs to know, and exactly how long before a procedure she needs
to know it. But we keep trying to remind legislators that they
were not elected to play doctor."
Likewise, House Bill 2076 was hatched after a Phoenix woman died
at the hands of an incompetent doctor, following a botched abortion.
Several prior complaints had already been leveled against the
doctor--and routinely dismissed. "It was an outrage that
the Board of Medical Examiners was so derelict in its duties,"
Yrun says. "But now legislators have taken that as an opportunity
to single out abortion services, and then determine how the procedure
should be conducted."
She says the bill highlights two key issues. "One is that
abortion remains among the safest outpatient surgical procedures
available. If the Legislature wants to regulate outpatient procedures,
they have every right to do so. But they should begin, logically,
with those that provide the greatest risk to clients. Because
they don't like women having abortions, they're picking out the
safest procedure to regulate."
She also says the bill exempts doctors who conduct five or fewer
abortions a month. "But the fact of the matter is that, the
fewer of any surgeries you do, the more likely you are to not
do them well, or to run into complications. That alone makes this
bill dangerous to the health of women."
AS TIM VANDERPOOL points out in the accompanying article, there
are plenty of bad bills still on the move in the Arizona Legislature.
But there is something you can do: Call your lawmakers and let
them know these bills ought to be flushed down the toilet. Just
dial 1-800-352-8404--a toll-free call!--and ask to speak to your
senator or representative.
Here's the downside: Most Pima County lawmakers already oppose
most of these disgraceful bills, so you'll be preaching to the
choir. But there are a few who back these measures, so call to
speak your mind.
And even if the bills pass, there's one more chance to stop them:
a veto from Gov. Jane Dee Hull. Call her office at 1-800-253-0883
and let her know she ought to shitcan these abominations when
they hit her desk.
HB 2373 (The Wildcat Subdivision Protection Act): Arizona
has loose laws about subdividing property--and House Bill 2373
would make 'em even looser. A favorite scheme to bend the rules
about subdividing property is to sell it back and forth between
a handful of owners, each of whom subdivides the property. Under
current law, these kinds of crooked arrangements are difficult
to prove in court. HB 2373 would make it impossible. Kill this
bill!
HB 2279 (The Public Education Erosion Act): The Legislature
has jump-started its campaign to slowly destroy public education
with HB 2279, a voucher bill that would allow families with an
income up to 135 percent of the federal poverty level to receive
thousands of dollars in funds to cover tuition for private schools,
including religious academies. It's probably unconstitutional,
and certainly bad public policy, especially in light of the fact
that the state seems incapable of actually taking care of public
schools. Kill this bill!
HB 2643 (The Polluter's Goldmine Act): Under this one,
polluters can sign a "financial hardship" deal to escape
the full costs of an environmental clean-up. Guess who picks up
the rest of the tab: You the taxpayer. Kill this bill!
HB 2671 (The Billboard Relief Act): Back in '85, Tucson
voters, by a two-to-one margin, passed a law strictly restricting
billboards. Now that city staff has gotten serious with the billboard
industry, particularly with multimillionaire Karl Eller's outdoor
media empire, Eller has run to the Capitol to pass a law making
many of his eyesores exempt from the law. Kill this bill!
HB 2058 (The Mine Our Pockets Act): This one reduces the
paltry severance tax paid by copper, gold, silver and turquoise
mines in Arizona. Somebody's going to have to make up for that
cut--what do you guess it'll be us? Kill this bill!
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