2/1/07 #0 Forty-eighth Legislature - First Regular Session

Speakers Present

Eden Rolland, Majority Research Analyst

(names of persons who did not speak: pages 2, 4, 5, and 7)

Miranda McDonald, Majority Intern

Dan Cavanagh, Hensel Phelps Construction Company

Ruth Brown, Hensel Phelps Construction Company

Representative David Lujan, Sponsor of HB 2325

Flora Jessop, representing herself

Laurice Jessop, representing herself

Representative Albert Tom, Sponsor of HB 2333

Jonathan Nez, Shonto Chapter-Navajo Nation

Robert Black, Jr., Shonto Chapter-Navajo Nation

Jones Grass, Shonto Chapter-Navajo Nation

Amy Love, Arizona Judicial Council

Chairman Hershberger announced that HB 2263 would be held.

CONSIDERATION OF BILLS

HB 2250 - domestic relations; child support; committees - DO PASS

Vice-Chairman Barto moved that HB 2250 do pass.

Eden Rolland, Majority Research Analyst, explained that this bill continues the Child Support Committee and Domestic Relations Committee through December 31, 2017 (Attachment 1).

Chairman Hershberger stated that both of these committees are interim committees that are very active with representatives from many different areas. He stated that they are very effective parts of the legislative process.

Persons recognized by the Chair who appeared in support of HB 2250 but did not speak:

Jacqueline Kuder, Arizona Supreme Court

Russell Smoldon, representing himself

Question was called on the motion that HB 2250 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 2).

HB 2251 - child support committee; membership - DO PASS

Vice-Chairman Barto moved that HB 2251 do pass.

Miranda McDonald, Majority Intern, explained that this bill modifies the membership of the Child Support Committee by allowing the Director of the Administrative Office of the Supreme Court to appoint a designee (Attachment 3).

Chairman Hershberger explained that this affects the Child Support Committee.

Persons recognized by the Chair who appeared in support of HB 2251 but did not speak:

Jacqueline Kuder, Arizona Supreme Court

Russell Smoldon, representing himself

Question was called on the motion that HB 2251 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 4).

HB 2221 - appropriation cancer research; matching funds - DISCUSSED AND HELD

Vice-Chairman Barto moved that HB 2221 do pass.

Miranda McDonald, Majority Intern, explained that this bill appropriates $15 million in fiscal year 2009-2010 to the Department of Health Services (DHS) for distribution to health care institutions for cancer research and treatment, education, and prevention of cancers unique to women (Attachment 5). This is a matching funds appropriation that requires the institutions receiving the money to first raise two-thirds before any state matching will take effect.

Dan Cavanagh, Hensel Phelps Construction Company, addressed the committee in support of this bill, which he drafted. He stated that Arizona doesn't need bricks and mortar; there are many medical facilities in the area. But Arizona does need funds for research: 25,000 people a year are diagnosed with cancer. He described the matching funds appropriation.

Mr. Anderson asked why the bill is limited to women's cancer and are there federal dollars available; Mr. Cavanagh replied that he is personally concerned about women's cancer and the National Cancer Institute budget only assigns four percent for women's cancer research.

Mr. Tobin asked how the Department of Health Services decides the distribution; Mr. Cavanagh replied that when the facilities generate the revenue, the distribution will be made.

Ruth Brown, Hensel Phelps Construction Company, addressed the committee in support of the bill. She relayed a personal story about her sister who died of cervical cancer before the vaccine was discovered. She stressed that the vaccine is available today because of research funding.

Chairman Hershberger asked Mr. Cavanagh to come forward and asked what private funds his group hopes to raise; Mr. Cavanagh replied that they hope to raise up to $45 million. Discussion ensued about the matching funds and any expense to administer.

Chairman Hershberger asked what the impact would be if more than $45 million is raised;
Mr. Cavanagh described the $10 million caps that are in place and asserted that this is a citizens' bill.

Mr. Tobin asked about the flow of the funding into Department of Health Services; Mr. Cavanagh explained that the money stays with the facilities to develop research, which is documented at the end of the period, and Human Services determines if the money met the criteria.

Mr. Tobin stated his confusion about this and how the funds are identified as new money; Mr. Cavanagh stated that he did not focus on the funds generation. He explained that the facilities must generate new funds, which stay with the facilities and are earmarked for the state matching funds in three years, and which must be accounted for after the fact. He stressed that no state funding would begin until after the audit at the end of the three years and that the revenue impact would come from these new funds.

Mr. Murphy expressed concern about being asked to make appropriations that far in advance; Mr. Cavanagh replied that there would be no dollars spent unless the new funds are generated. Discussion ensued about the generation of new dollars which are put into the state economy and the possible need for an amendment to address that.

Chairman Hershberger asked if any member wanted to propose an amendment to this bill.

Mr. Tobin expressed his concern about this committee being asked to appropriate these funds from taxpayer dollars, adding that charities raise and handle such funds. He stated that he would not support an amendment, as he is not supporting the bill.

Mr. Cavanagh said that the state does make outright appropriations to autism and other medical causes, and added that this bill will bring dollars into Arizona.

Persons recognized by the Chair who appeared in support of HB 2221 but did not speak:

Russell Smoldon, representing himself

Nick Simonetta, Mayo Clinic - Arizona

Ed Wren, University Medical Center in Tucson

Chairman Hershberger announced that he would hold the bill and talk to the sponsor about a clarifying amendment, as well as determine if there is enough initiative to get the bill out of this committee at this point.

Vice-Chairman Barto withdrew her motion that HB 2221 do pass.

Chairman Hershberger stated that, without objection, the bill is withdrawn.

HB 2325 - child bigamy; polygamy; child custody - DO PASS

Vice-Chairman Barto moved that HB 2325 do pass.

Eden Rolland, Majority Research Analyst, explained that this legislation makes it unlawful for a court to grant custody or unsupervised parenting time to an individual who engages in child bigamy or polygamy (Attachment 6).

Representative David Lujan, Sponsor, explained that child bigamy is child abuse and against the law in Arizona, and polygamy is forbidden by the Arizona Constitution. He stated that persons who engage in either should not be awarded custody of children, and hopefully most judges would find in that manner.

Mr. Lujan stated his belief that specific language is needed to protect women and children in polygamist marriages because they are held in fear by the FLDS church in Colorado City and if they get the courage to leave, they will know that Arizona laws support them.

Mr. Lujan told the story of Ruth Stubbs, forced into marriage at age 16 to a man aged 32, tried to leave the FLDS community and engaged in a custody dispute when the courts were awarding custody of her children to their polygamist father. Mr. Lujan read her affidavit from the custody case and stressed that her case is the type of case that this bill is trying to address.

Mr. Tobin asked about the phrase "no significant risk" - he stated that the court must have known that there was a polygamist father but must have felt that there was no significant risk in placing the children with him. Mr. Tobin suggested stronger language; Mr. Lujan replied that the language mirrors language in another statute dealing with registered sex offenders, and he concurs with Mr. Tobin if there is not a constitutional reason to have that language in.

Flora Jessop, representing herself, addressed the committee in support of the bill. She relayed her story as a child bride in a polygamist community and the abuses suffered by these young girls, even rape. She gave examples of the oppression of women and stated that she is an advocate for women fighting for their children in a community which says that children belong to the priesthood and must not love their mothers.

Laurice Jessop, representing herself, supports this bill. She described her story as a member of the Centennial Park polygamist community and her battle to protect her six children in a custody battle with her ex-husband.

Person recognized by the Chair who appeared in support of HB 2325 but did not speak:

Robin Scoins, Arizona Family Rights Advocacy Institute

Question was called on the motion that HB 2325 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 7).

HB 2333 - appropriation; Navajo Shonto community center - DO PASS

Vice-Chairman Barto moved that HB 2333 do pass.

Miranda McDonald, Majority Intern, explained that the legislation appropriates $900,000 to the Department of Security (DES) for distribution to the Navajo Nation Shonto Community Governance to construct a multipurpose community center (Attachment 8).

Representative Albert Tom, Sponsor, addressed the committee to explain that this will provide a great benefit to the community and that several community members (chapter officials equivalent to a mayor and vice-mayor in an urban city) would present further details.

Jonathan Nez, Shonto Chapter-Navajo Nation, addressed the committee in support of the bill, explaining that this facility will provide public services and also bring state services into the community. He further explained that his community is first to grasp a local governance initiative, similar to city and county governance in Arizona, which will pull it away from the central government in Window Rock and allow it to make its own requests for funding and support. He stated that his community hopes to be a role model for other communities and other nations.

Robert Black, Jr., Shonto Chapter-Navajo Nation, addressed the committee in support of the bill. He stated that the proposed facility will create a social environment for a sense of community.

Jones Grass, Shonto Chapter-Navajo Nation, addressed the committee in support of the bill, stating that this legislation will help as they try to construct a service building for the community, as they are currently housed in a 50-year old building with failing utilities. He stated that they hope to put all community services into this new building.

Person recognized by the Chair who appeared in support of HB 2333 but did not speak:

Heath Stands, representing himself

Mr. Tobin asked Mr. Tom if federal funds had also been requested; Mr. Tom replied that they have not been successful due to budget cuts, adding that most federal dollars are for veterans' benefits.

Mr. Nez added that a similar proposal was sent to Congressman Renzi, but to date no response has been received. The community also has its own non-profit organization to raise funds. This is a respectful request to the state of Arizona to provide funds for this initiative.

Mr. Anderson stated his perspective for the benefit of the new members on this committee. There are so many good causes for Arizona constituents, and there is a budget process to allocate the state's dollars, so the task of this committee is to evaluate and approve bills for budget consideration. This committee is a policy committee.

Question was called on the motion that HB 2333 do pass. The motion carried by a roll call vote of 5-4-0-1 (Attachment 9).

HB 2212 - sibling information exchange program - DO PASS AMENDED

Vice-Chairman Barto moved that HB 2212 do pass.

Vice-Chairman Barto moved that the thirteen-line Hershberger amendment dated 1/31/07, 11:04 AM (Attachment 10) be adopted.

Eden Rolland, Majority Research Analyst, explained that this legislation establishes the Sibling Information Exchange Program which allows siblings who have been separated through adoption or dependency to contact one another through a confidential intermediary supplied by the Supreme Court (Attachment 11). It also sets administrative guidelines for the Program, and designates the Program's funding source. It authorizes an effective date of January 1, 2008.

Ms. Rolland explained that the amendment specifies that if the dependent child does not want to be contacted at any time, he or she may file an affidavit with the court which would preclude the intermediary from establishing any contact.

Chairman Hershberger asked if two issues of concern were addressed in this amendment; Ms. Rolland replied in the affirmative.

Mr. Tobin asked about the provision that the child must file an affidavit. Chairman Hershberger clarified that the intent is to require an affirmative action by both parties - an affidavit cannot be requested.

Amy Love, Arizona Judicial Council, addressed the committee in support of the bill. She stated that abused or neglected children are often separated from their siblings when removed from their parents. This bill provides a mechanism to keep siblings in touch, because they haven't just lost their parents, they've lost their entire family. Confidential intermediaries are used, as well as other checks and balances to protect the children.

Chairman Hershberger asked to clarify that there was no appropriation, that current staff will be able to implement this program; Ms. Love stated that is correct, the program is self-sustaining.

Question was called on the motion that the thirteen-line Hershberger amendment dated 1/31/07, 11:04 AM (Attachment 10) be adopted. The motion carried.

Vice-Chairman Barto moved that HB 2212 as amended do pass.

Persons recognized by the Chair who appeared in support of HB 2212 but did not speak:

Robin Scoins, Arizona Family Rights Advocacy Institute

Dan Cavanagh, Hensel Phelps Construction Company

Person recognized by the Chair who appeared as neutral on HB 2212 but did not speak:

Jerry Boehm, Arizona Council of Human Service Providers

Question was called on the motion that HB 2212 as amended do pass. The motion carried by a roll call vote of 8-0-0-2 (Attachment 12).

Without objection, the meeting adjourned at 10:26 a.m.

________________________________________________

Jane Dooley, Committee Secretary

February 5, 2007

(Original minutes, attachments and tape on file in the Office of the Chief Clerk)

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COMMITTEE ON HUMAN SERVICES

February 1, 2007

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COMMITTEE ON HUMAN SERVICES

Members Present

Members Absent

Committee Action

Speakers Present