ARIZONA HOUSE OF REPRESENTATIVES

Forty-eighth Legislature – First Regular Session

 

COMMITTEE ON TRANSPORTATION

 

Minutes of Meeting

Thursday, February 15, 2007

House Hearing Room 3  --  9:00 a.m.

 

 

Chairman Biggs called the meeting to order at 9:00 a.m. and attendance was noted by the secretary.

 

Members Present

 

Mr. Ableser

Mr. Nelson

Ms. McClure, Vice-Chairman

Mr. Crump

Mr. Prezelski

Mr. Biggs, Chairman

Mr. Farley

Mrs. Thrasher

 

Mrs. McLain

Mr. Weiers JP

 

 

Committee Action

 

H.B. 2475 – DPA-S/E (6-3-1-0)

H.B. 2612 – DP (9-1-0-0)

H.B. 2753 – DP (10-0-0-0)

H.C.M. 2009 – DP (10-0-0-0)

H.B. 2076 – DPA-S/E (10-0-0-0)

H.B. 2152 – DPA-S/E (9-1-0-0)

H.B. 2228 – DPA-S/E (10-0-0-0)

H.B. 2367 – DPA-S/E (10-0-0-0)

H.B. 2442 – HELD BY CHAIRMAN

H.B. 2444 – DPA-S/E (10-0-0-0)

H.B. 2622 – DPA (7-0-2-1)

H.C.R. 2038 – DPA (10-0-0-0)

 

 

CONSIDERATION OF BILLS:

 

H.B. 2442, photo enforcement; law enforcement exception – HELD BY CHAIRMAN

 

H.B. 2612, transportation districts – DO PASS

 

            Vice-Chairman McClure moved that H.B. 2612 do pass.

 

Hallie Middleton, Majority Intern, summarized H.B. 2612 (Attachment 1).

 

Person recognized in support of H.B. 2612 who did not speak:  Mark Barnes, Pinal County Board of Supervisors.

 

            Question was called on the motion that H. B. 2612 do pass.  The motion carried

            by a roll call vote of 9-1-0-0 (Attachment 2).

 

H.C.M. 2009, funding; more border service ports – DO PASS

 

            Vice-Chairman McClure moved that H.C.M. 2009 do pass.

 

Hallie Middleton, Majority Intern, summarized H.C.M. 2009 (Attachment 3).

 

Representative Lynne Pancrazi, Sponsor, said that H.C.M. 2009 is important to the Yuma area. 

 

            Question was called on the motion that H.C.M. 2009 do pass.  The motion carried

            by a roll call vote of 10-0-0-0 (Attachment 4).

 

H.C.R. 2038, AARP drivers safety program – DO PASS AMENDED

 

            Vice-Chairman McClure moved that H.C.R. 2038 do pass.

 

Hallie Middleton, Majority Intern, summarized H.C.R. 2038 (Attachment 5). 

 

            Vice-Chairman McClure moved that the proposed 2-line Biggs amendment

            dated 2/14/07 (Attachment 6) be adopted.

 

Ms. Middleton explained the proposed 2-line Biggs amendment.

 

            Question was called on the motion that the proposed 2-line Biggs amendment dated 2/14/07 (Attachment 6) be adopted.  The motion carried.

 

Person recognized in support of H.C.R. 2038 who did not speak: Maria Solis, Arizona Association of Retired Persons (AARP) Arizona.

 

            Vice-Chairman McClure moved that H.C.R. 2038 as amended do pass.

            The motion carried by a roll call vote of 10-0-0-0 (Attachment 7).

 

H.B. 2076, vehicle registration; DUI

            S/E:  Airports; building permits; accident potential zone – DO PASS AMENDED-   S/E

 

            Vice-Chairman McClure moved that H.B. 2076 do pass.

 

            Vice-Chairman McClure moved that the proposed 25-line Nelson strike-         everything amendment dated 2/13/07 be adopted (Attachment 8).

 

John Halikowski, Majority Research Analyst, summarized the proposed 25-line Nelson strike-everything amendment to H.B. 2076 (Attachment 9), and answered questions posed by the Committee.

            Vice-Chairman McClure moved that the proposed 3-line Nelson amendment dated   2/14/07 (Attachment 10) to the strike-everything amendment be adopted.

Representative John Nelson, Sponsor, said a number of years ago the Legislature passed a set of criteria that established guidelines for what could or could not be built near Accident Potential Zones (APZ) 1 and 2 surrounding military airports.  He said the strike-everything amendment is an effort to reinforce and enhance the previous legislation.

 

Wendy Briggs, West Valley Community Action Coalition (WVCAC), spoke in opposition to H.B. 2076. 

 

Jim Norton, West Valley Partners (WVP), spoke in support of H.B. 2076 with the striker.  He said the WVP would consider discussing the issue of permits for existing structures.

Representative John Nelson, Sponsor, spoke in support of H.B. 2076.

 

Persons recognized as to H.B. 2076 who did not speak:

           

            Support

            Bruce Baker, representing self

            Dana Tranberg, City of Glendale

            Joy Rich, Maricopa County

            Steve Kemp, City of Peoria

            John Schell, City of Peoria

           

            Oppose

            Jeff  Sandquist, West Valley Community Action Coalition

 

            Neutral

            Tom Farley, Arizona Association of Realtors

            Question was called on the motion that the proposed 3-line Nelson amendment          dated 2/14/07 (Attachment 10) to the 25-line Nelson strike-everything amendment be          adopted.  The motion carried.

 

            Vice-Chairman McClure moved that the proposed 25-line Nelson strike-         everything amendment dated 2/13/07 as amended be adopted.  The motion

            carried.

 

            Vice-Chairman McClure moved that H.B. 2076 as amended do pass.  The

            motion carried by a roll call vote of 10-0-0-0 (Attachment 11).

 

H.B. 2228, vehicle license tax; hybrid vehicles

            S/E:  highway expansion fund; transit capital projects – DO PASS AMENDED-S/E

 

            Vice-Chairman McClure moved that the proposed 4-page Biggs strike-everything    

            amendment dated 2/13/07 be adopted (Attachment 12).

 

John Halikowski, Majority Research Analyst, summarized the proposed strike-everything amendment to H.B. 2228 (Attachment 13).

 

In response to query from a Committee member, Mr. Halikowski replied that the term “Indian tribe” is omitted under the eligible transit capital project clause.

 

Mrs. Thrasher asked if Chairman Biggs would consider a verbal amendment to include “Indian tribe.”

 

Chairman Biggs said he would be amenable to such an amendment on the floor.

 

            Vice-Chairman McClure moved that the proposed 5-page Biggs amendment dated

            2/14/07 (Attachment 14) to the proposed 4-page Biggs strike-everything amendment

            dated 2/13/07 (Attachment 12) be adopted. 

 

Mr. Halikowski explained the proposed amendment to the striker.

 

            Question was called on the motion that the proposed 5-page Biggs amendment           dated 2/14/07 (Attachment 14) to the proposed 4-page Biggs strike-everything          amendment dated 2/13/07 (Attachment 12) be adopted.   The motion carried.

 

            Vice-Chairman McClure moved that the 4-page strike-everything amendment

            dated 2/13/07 as amended be adopted.  The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2228 as amended be adopted.

 

Persons recognized in support of H.B. 2228 who did not speak:

             

            Stuart Goodman, Arizona Transit Association

            Kevin Adam, Rural Transportation Advocacy Council

            Kevin Biesty, Arizona Department of Transportation

 

Norris Nordvold, Inter Tribal Council of Arizona (ITCA), said the ITCA would support
H.B. 2228 if the tribes were included.

 

            Question was called on the motion that H. B. 2228 as amended do pass.  The

            motion carried by a roll call vote of  10-0-0-0 (Attachment 15).

 

THE MEETING RECESSED AT 9:55 A.M.

 

THE MEETING RECONVENED AT 10:38 A.M.  ALL MEMBERS WERE PRESENT.

 

H.B. 2622, escort vehicles; technical correction – DO PASS AMENDED

 

            Vice-Chairman McClure moved that H.B. 2622 do pass.

 

            Vice-Chairman McClure moved that the proposed 17-line Biggs amendment

            dated 2/12/07 be adopted (Attachment 16).

 

Hallie Middleton, Majority Intern, summarized H.B. 2622 (Attachment 17) and the proposed amendment.

 

Persons recognized in support of H.B. 2622 who did not speak:

 

            Scot Butler, Attorney, Manufactured Housing Industry of AZ

            Karen Rasmussen, President, AZ Trucking Association

 

            Question was called on the motion that the proposed 17-line Biggs amendment

            dated 2/12/07 be adopted (Attachment 16).  The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2622 as amended do pass.  The motion      carried by a roll call vote of 7-0-2-1 (Attachment 18).

 

H.B. 2444, school buses; rear bumpers

            S/E:  ADOT; third parties; fuel tax reports – DO PASS AMENDED-S/E

 

            Vice-Chairman McClure moved that H.B. 2444 do pass.

 

            Vice-Chairman McClure moved that the proposed 3-page Weiers strike-

            everything amendment dated 2/13/07 be adopted (Attachment 19).

 

John Halikowski, Majority Research Analyst, summarized the proposed strike-everything amendment to H.B. 2444 (Attachment 20) and answered questions posed by Committee members.

 

            Vice-Chairman McClure moved that the proposed 4-line Weiers amendment

            dated 2/14/07 (Attachment 21) to the proposed strike-everything amendment

            be adopted.

 

Mr. Halikowski explained the proposed 4-line Weiers amendment.

 

            Question was called on the motion that the proposed 4-line Weiers amendment

            dated 2/14/07 (Attachment 21) to the proposed strike-everything amendment

            be adopted.  The motion carried.

 

            Vice-Chairman McClure moved that the proposed 3-page Weiers strike-

            everything amendment as amended be adopted.   The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2444 as amended do pass.

 

Persons registered in support of H.B. 2444 who did not speak:

 

            Allan Stanton, IBM Corp

            Scott Bernstein, SERVICEARIZONA

             Jim Douglas, SERVICEARIZONA

 

            Question was called on the motion that H.B. 2444 as amended do pass.  The

            motion carried by a roll call vote of 10-0-0-0 (Attachment 22).

 

H.B. 2367, driver license agreement

            S/E:  ADOT; bid requirements; annual adjustment – DO PASS AMENDED S/E

 

            Vice-Chairman McClure moved that H.B. 2367 do pass.

 

            Vice-Chairman McClure moved that the proposed 4-page Biggs strike-everything

            amendment dated 2/12/07 be adopted (Attachment 23).

 

Hallie Middleton, Majority Intern, summarized the proposed strike-everything amendment to H.B. 2367 (Attachment 24).

 

            Vice-Chairman McClure moved that the proposed 3-line Biggs amendment

            dated 2/13/07 (Attachment 25) to the strike-everything amendment be adopted.

 

Ms. Middleton explained the proposed 3-line Biggs amendment.

 

Kevin Biesty, Legislative Liaison, ADOT, spoke in support of H.B. 2367, and answered question posed by Committee member as follows:

 

 

Person recognized in support of H.B. 2367 with the strike-everything amendment who did not speak:  David Martin, Arizona Chapter - Associated General Contractors

 

            Question was called on the motion that the proposed 3-line Biggs amendment

            dated 2/13/07 (Attachment 25) to the strike-everything amendment be adopted.

            The motion carried.

 

            Vice-Chairman McClure moved that the proposed 4-page Biggs strike-everything

            amendment dated 2/12/07 as amended be adopted.  The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2367 as amended do pass.  The

            motion carried by a roll call vote of 10-0-0-0 (Attachment 26).

 

H.B. 2152, driver licenses; permits; minors

            S/E:  roads of regional significance; congestion mitigation funding – DO PASS           AMENDED S/E

 

            Vice-Chairman McClure moved that H.B. 2152 do pass.

 

            Vice-Chairman McClure moved that the proposed 4-page Biggs strike-everything

            amendment dated 2/13/07 be adopted (Attachment 27).

 

            Vice-Chairman McClure moved that the proposed 16-line Biggs amendment

            dated 2/14/07 (Attachment 28) to the strike-everything amendment be adopted.

 

John Halikowski, Majority Research Analyst, summarized the proposed strike-everything amendment to H.B. 2152 (Attachment 29), and answered questions posed by Committee members.

 

Becky Hill, Williams and Associates for the Town of Queen Creek, spoke in support of
H.B. 2152 with the strike-everything amendment (Attachment 30) and answered question posed by Committee member as follows:

 

 

John Cross, Manager, Town of Queen Creek, spoke in support of H.B. 2152 with the strike-everything amendment.

 

Persons recognized as to H.B. 2152 with the striker who did not speak:

           

            Support

            Mark Young, Sr., Town of Queen Creek

            F. Rockne "roc" Arnett, President, East Valley Partnership

            Michael Racy, lobbyist, Town of Marana

            Mark Barnes, Pinal County Board of Supervisors

            Shirley Gunther, Intergovernmental Affairs Manager, City of Avondale

           

Chairman Biggs read the comment submitted by Norris Nordvold, Consultant for City of Phoenix:  Striker Bill:  “This seems like special legislation.  Only applies to a county where more than l/2 of population is in an unincorporated area-- PINAL COUNTY.  Only applies to a city that has a 50% growth in past 5 years-QUEEN CREEK.  We already have passed HB 2569 out of Trans and Approps yesterday, which provides Queen Creek $20 million from the HELP Fund.  I am aware of Queen Creek's and Pinal County's problem but it was due to LACK OF PLANNING ON BEHALF OF Maricopa County AND PINAL COUNTY BOARDS OF SUPERVISORS when they saw the growth coming but didn't do anything. MAYOR AND COUNCIL OF PHOENIX are neutral but have strong concerns with this type of SPECIAL legislation.

 

            Question was called on the motion that the proposed 16-line Biggs amendment

            dated 2/14/07 (Attachment 28) to the strike-everything amendment be adopted.

            The motion carried.

 

            Vice-Chairman McClure moved that the proposed 4-page Biggs strike-everything

            amendment dated 2/13/07 as amended be adopted.  The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2152 as amended do pass.  The

            motion carried by a roll call vote of 9-1-0-0 (Attachment 31).

 

H.B. 2753, vehicle impoundment and immobilization – DO PASS

 

            Vice-Chairman McClure moved that H.B. 2753 do pass.

 

John Halikowski, Majority Research Analyst, summarized H.B. 2753 (Attachment 32).

 

Representative Russell Pearce, Sponsor, spoke in support of H.B. 2753, and answered questions posed by Committee members as follows:

 

Persons registered as to H.B. 2753 who did not speak:

           

           

            Support

            Maryann Johnston, representing self

            Timothy Schwartz, United for a Sovereign America

            Carl Johnson, United for a Sovereign America

            Eric Johnson, representing self; Richard Hanson, United for a Sovereign America

            Andy Swann, President, Associated Highway Patrolmen of Arizona

            Nicole Stickler, Arizona Association of Counties & Arizona Sheriffs Association

            Dale Norris, Executive Director, Arizona Police Association

            Carla Wenig, Mrs. USA

            Alberto Gutier, representing self

 

            Neutral

            Jerry Landau, Legislative Liaison, Arizona Supreme Court

 

Bruce Baker, Lobbyist, IBA State Towing Association, spoke in support of H.B 2753.

 

Thomas Van Dorn, Detective, Arizona Assoc. of Chiefs of Police & Phoenix Police Department, spoke in support of H.B. 2753.

 

Brian Wilcox, Legislative Liaison, Arizona Department of Public Safety, spoke in support of
H.B. 2753.

 

            Question was called on the motion that H. B. 2753 do pass.  The motion carried

            by a roll call vote of  10-0-0-0 (Attachment 33).

 

H.B. 2475, traffic violations; prove legal presence

            S/E:  traffic violations; prove legal presence – DO PASS AMENDED-S/E

 

            Vice-Chairman McClure moved that H.B. 2475 do pass.

 

            Vice-Chairman McClure moved that the 4-page Biggs strike-everything amendment

            dated 02/06/07 be adopted (Attachment 34).

 

            Vice-Chairman McClure moved that the proposed 2-page Biggs amendment

            dated 2/14/07 (Attachment 35) to the strike-everything amendment be adopted.

 

John Halikowski, Majority Research Analyst, summarized H.B. 2475 (Attachment 36), the strike-everything amendment and the amendment to the strike-everything amendment.

 

Representative Russell Pearce, Sponsor, spoke in support of H.B. 2475 with the proposed amendments.

 

Persons registered as to H.B. 2475 who did not speak:

 

            Support

            Maryann Johnston, representing self

            Timothy Schwartz, United for a Sovereign America

            Carl Johnson, United for a Sovereign America

            Bruce Baker, lobbyist, representing self

            Timothy Rafferty, representing self

            Richard Hanson, United for a Sovereign America

            Charlene Hanson, United for a Sovereign America

            Rusty Childress, Dir., United For A Sovereign America (USA)

            Carla Wenig, Mrs. USA

 

            Opposition

            Deanna Patnode, representing self

 

            Neutral

            Karen Rasmussen, President, AZ Trucking Association

 

            Question was called on the motion that the proposed 2-page Biggs amendment

            dated 2/14/07 (Attachment 35) to the strike-everything amendment be adopted.

           

            Vice-Chairman McClure moved that the 4-page Biggs strike-everything amendment             dated 02/06/07 as amended be adopted.  The motion carried.

 

            Vice-Chairman McClure moved that H.B. 2475 as amended be adopted.  The

            motion carried by a roll call vote of 6-3-1-0 (Attachment 37).

 

Without objection, the meeting adjourned at 11:53 a.m.

 

 

                                                                         _______________________________

                                                                        Yvette O’Connor, Committee Secretary

                                                                        February 15, 2007

 

(Original minutes, attachments and audio are on file in the Office of the Chief Clerk.)

 

 

 

 

 

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                        COMMITTEE ON TRANSPORTATION

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                        February 15, 2007

 

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