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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-first Legislature – Second Regular Session
AND REGULATORY AFFAIRS
Minutes of Meeting
House Hearing Room 3 -- 10:00 a.m.
Chairman Pierce called the meeting to order at 10:09 a.m. and attendance was noted by the secretary.
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Mr. Borrelli |
Mr. Livingston |
Mr. Mitchell, Vice-Chairman |
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Mr. Cardenas |
Ms. Peshlakai |
Mr. Pierce J, Chairman |
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Mr. Farnsworth E |
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Mr. Escamilla (excused) |
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SB1158 – DPA (7-0-0-1) |
SB1476 – DP (7-0-0-1) |
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SB1217 – DPA (7-0-0-1) |
SCR1008 – DP (7-0-0-1) |
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SB1226 – DPA S/E (7-0-0-1) |
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Chairman Pierce announced that Representative Juan Carlos Escamilla has been appointed to the Committee to replace Representative Ruben Gallego.
CONSIDERATON OF BILLS
SB1476 – electromagnetic pulse preparedness; recommendations – DO PASS
Casey Baird, Majority Research Assistant Analyst, stated that SB1476 requires the Division of Emergency Management within the Department of Emergency and Military Affairs (DEMA) to develop and post preparedness recommendations on the Division's website in the event of an electromagnetic pulse (EMP) across the United States (Attachment 1).
Senator David Farnsworth,
sponsor, said he become concerned about a potential for an EMP event a
short time ago and has gotten support from Congressman Trent Franks, who has a
bill in Congress, as well as former Senator Jon Kyl. He introduced Larry Guinta,
Chuck Lee and
Lori Frantzve, CEO, GTEC Industries.
A powerpoint presentation was given on EMP, a sudden burst of electromagnetic energy that destroys anything electric instantaneously and can come from nature or when a nuclear weapon is detonated. The consequences of an EMP include fire, electric shock, damage to equipment and collapse of electric grids. Some scientists fear that an EMP will cripple our high-tech way of life.
Senator Farnsworth advised that the main purpose of showing the presentation is for awareness. SB1476 instructs DEMA to post on their website a warning and what can be done to prepare for such an event.
Travis Schulte, Legislative Liaison, Arizona Department of Emergency and Military Affairs, neutral on SB1476, related that emergency management, including preparedness, is one of the primary functions of the Department. The presentation is informative and focuses on infrastructure and individual preparedness. In reviewing the bill, it is DEMA's position that it has already met the intent of SB1476 for best preparing individuals with the information it has. DEMA is currently updating information on its website and will include additional disaster recommendations, including solar, which is an EMP event.
Vice-Chairman Mitchell moved that SB1476 do pass. The motion carried by a roll call vote of 7-0-0-1 (Attachment 2).
SB1226 – fingerprint clearance cards; human trafficking – DO PASS AMENDED S/E
S/E: predominant aggressor; domestic violence; arrest
Courtney McKinstry, Majority Research Analyst, explained that the Pierce six-page strike-everything amendment to SB1226 (Attachment 3) prescribes procedures for peace officers in evaluating acts of domestic violence (Attachment 4).
Chairman Pierce advised that the strike-everything amendment to SB1226 contains the same language as HB2318 which passed out of this Committee on February 5, 2014. The bill was heard in the Senate Public Safety Committee but was never given a hearing in the Senate Judiciary Committee where it died.
Names of those who signed up in support of the strike-everything amendment to SB1226 but did not speak:
Will Gaona, Lobbyist, Arizona Coalition to End Sexual and Domestic Violence
Jen Sweeney Marson, Lobbyist, Arizona Association of Counties
Jerald Monahan, representing self
Jim Mann, Lobbyist, Arizona Fraternal Order of Police
Trey Williams, Lobbyist, Arizona Association of Counties
Dennis Seavers, Executive Director, Arizona Board of Fingerprinting
Names of those who signed up as neutral on the strike-everything amendment to SB1226 but did not speak:
Kimberly MacEachern, Lobbyist, Arizona Prosecuting Attorney's Advisory Council
Vice-Chairman Mitchell moved that SB1226 do pass.
Vice-Chairman Mitchell moved that the Pierce six-page strike-everything amendment be adopted (Attachment 3). The motion carried.
Vice-Chairman Mitchell moved that SB1226 as amended do pass. The motion carried by a roll call vote of 7-0-0-1 (Attachment 5).
SB1217 – precinct officers; salaries – DO PASS AMENDED
Casey Baird, Majority Research Assistant Analyst, stated that SB1217 raises salary limits for constables and establishes the Constable Study Committee (Attachment 6). The bill requires the study committee to research and report on the following: constable duties, constable salaries, calculating constable salaries on workload instead of population and current statutes that regulate constables. The study committee repeals on July 1, 2015. The Pierce two-line amendment dated 03/13/14 removes the Constable Study Committee (Attachment 7).
Chairman Pierce clarified that SB1217 does not raise salaries; it gives authority to the counties to do so, and does not affect the General Fund.
Vince Roberts, President, Arizona Constables Association, testified that with the proposed amendment, the Association supports SB1217. The bill gives the counties the ability to increase salaries if they determine it is necessary to raise the level of the constables in their respective counties.
In response to Mr. Farnsworth, Mr. Roberts explained that the Association opposed the Constable Study Committee because the stakeholders were not involved in the drafting of the language and constables would have a limited voice in it. It would not make sense to have others who have a lack of knowledge of what constables do to be members of the study committee. He also questioned the need for the study committee.
Names of those who signed up in support of SB1217 with the amendment but did not speak:
James Driscoll, representing self
Mary Dorgan, representing self
Bennet Bernal, representing self
Colette Philip, representing self
R. C. Brown, representing self
David Lester, representing self
George Gradillas, representing self
Marge Cummings, representing self
Frank Fontes, representing self
Lucinda Attakai, representing self
Ashleigh Clyde, representing self
Roger Curtis, representing self
Bruce Austin, representing self
Clinton Cox, representing self
Rick Tutor, representing self
Linda Kuczynski, representing self
Nick Castaneda, representing self
Malyn Sexton, representing self
David Erekson, representing self
Steve Allen, representing self
Joe Arredondo, representing self
Frank Canez, representing self
Richard Copeland, representing self
Phillip Freestone, representing self
Alfredo Gamez, representing self
Cory Hazlett, representing self
Kevin Jones, representing self
Carolyn Lane, representing self
Brent McCleve, representing self
Tony Martineau, representing self
Doug Middleton, representing self
Jimmie Munoz, representing self
Maria Russell, representing self
Rudy Santa Cruz, representing self
Mark Sinclair, representing self
Robert Weaver, representing self
Bob Crabtree, representing self
Michael Hamilton, representing self
Lita Dixon, representing self
Pauline Hernandez, representing self
Ryan Reinhold, representing self
Phyllis Romo, representing self
Dave Wood, representing self
Bennie Crow, representing self
Virginia Duarte, representing self
Ron Leduc, representing self
Art Hinker, representing self
Auggie Huerta, representing self
Luis Alvarez, representing self
Henry Hellman, representing self
Jay Parkison, representing self
John Nozar, representing self
Jean Bishop, representing self
Cory Gardner, representing self
Ken Sumner, representing self
Vice-Chairman Mitchell moved that SB1217 do pass.
Vice-Chairman Mitchell moved that the Pierce two-line amendment dated 03/13/14 be adopted (Attachment 7). The motion carried.
Vice-Chairman Mitchell moved that SB1217 as amended do pass. The motion carried by a roll call vote of 7-0-0-1 (Attachment 8).
SB1158 – textbook purchase; technical correction(now: fireworks; permissible use) – DO PASS AMENDED
Courtney McKinstry, Majority Research Analyst, advised that SB1158 contains the provisions of HB2688 which unanimously passed this Committee on February 19, 2014. The bill institutes regulations on the sale of specific fireworks and prescribes penalties for related violations (Attachment 9). SB1158 additionally includes language that allows an incorporated city or town and a county within an unincorporated area of the county during specific times to regulate the sale of permissible consumer fireworks except in a county with more than 500,000 people. The bill additionally allows the sale of permissible consumer fireworks from June 20 through July 5 and December 14 through January 1 of each year, and allows the use of permissible consumer fireworks from June 30 through July 6 and December 26 through January 2 of each year. The Pierce 23-line amendment dated 03/17/14 changes the standards for when a city, town or county may restrict the use and sale of permissible consumer fireworks, increases the time periods in which a county with over 500,000 people may use and sell permissible consumer fireworks, changes the penalty from a Class 3 misdemeanor to a civil penalty of $1,000 and states that a person who uses fireworks on preservation lands is guilty of a Class 1 misdemeanor and subject to a fine of at least $1,000 (Attachment 10). The amendment contains an emergency clause.
Ms. McKinstry advised that the Chairman will be offering a Floor amendment which removes language pertaining to licensed agricultural businesses and restores the original language in statute which permits farmers and ranchers to use fireworks or explosives for the purpose of protecting property or wildlife.
Chairman Pierce explained that he was advised that farmers and ranchers use whistle devices to keep birds away from crops and these devices would fall within the definition of fireworks.
Senator Chester Crandell, sponsor, stated that SB1158 is a good compromise to regulate the sale, use and transport of fireworks within the state. He maintained that it is important for those in charge to control the sale and use of fireworks, especially in the rural parts of the state where there are catastrophic wildfires.
Mr. Farnsworth questioned the purpose for bifurcating the counties based on population if there is a risk of wildfire and wondered why the counties would not have the same authority across the state. Senator Crandell referred the question to others and said his concern is about counties in rural areas.
Mike Williams, representing TNT Fireworks, in support of SB1158, said that in times of high fire danger, the ban on fireworks would be throughout the entire county if the counties were not bifurcated, including cities and towns where there would be no risk. It has been very helpful by bifurcating the counties and letting them opt in during times of high fire danger.
Ms. Peshlakai asked how the bill will impact Coconino County and related that fireworks are set off on Lake Powell on July 4th. Flagstaff outlaws fireworks because of the forest, and there are several tribal nations within the county. Mr. Williams stated that the Native American Reservations are allowed to do whatever their governments allow them to do. He noted that most of the fireworks industry does not sell fireworks in high fire danger areas because of the fire risk. He reiterated that this bill only affects the permissible fireworks that consumers can buy and said there has never been a fire started by permissible consumer fireworks.
Chairman Pierce asked Mr. Williams about the proposed Floor amendment relating to the exemption to ranchers and farmers. Mr. Williams replied that it does not affect TNT Fireworks and he is not sure if it is necessary. Chairman Pierce commented that he wants to ensure that farmers and ranchers are protected.
Todd Madeksza, Director of Legislative Affairs, County Supervisors Association, testified in opposition to SB1158, stating that the Association opposes bifurcation of counties. He said he is willing to work with the sponsor to craft a clearer version of the bill that does not bifurcate the counties. The Association has no problem with the proposed Floor amendment that will be offered by the Chairman.
Tom Dorn, Lobbyist, B. J. Alan Company/Phantom Fireworks, in favor of SB1158, said he concurs with comments made by Mr. Williams. He made the following points:
Names of those who signed up in support of SB1158 but did not speak:
Matt Ryan, representing self
Elizabeth Archuleta, representing self
Joanne Keene, Government Relations Director, Coconino County
Names of those who signed up in opposition to SB1158 but did not speak:
Adriana Marinez, Lobbyist, City of Tucson
Brad Lundahl, Lobbyist, City of Scottsdale
Dale Wiebusch, Legislative Associate, League of Arizona Cities and Towns
Vice-Chairman Mitchell moved that SB1158 do pass.
Vice-Chairman Mitchell moved that the Pierce 23-line amendment dated 03/17/14 be adopted (Attachment 10). The motion carried.
Vice-Chairman Mitchell moved that SB1158 as amended do pass. The motion carried by a roll call vote of 7-0-0-1 (Attachment 11).
SCR1008 – commendation; Davis-Monthan air force base(now: support; military installations) – DO PASS
Marshall Young, Majority Research Intern, advised that SCR1008 petitions the Members of the Legislature to recognize and support the benefits of military installations within Arizona (Attachment 12).
Names of those who signed up in support of SCR1008 but did not speak:
Gretchen Martinez, Lobbyist, Arizona Chamber of Commerce and Industry
Joyce Hill, representing self
Catheryne Parry, representing self
Terry Hill, representing self
Chris Kozakiewicz, representing self
Alexis Thompson, representing self
Names of those who signed up as neutral on SCR1008 but did not speak:
Travis Schulte, Lobbyist, Arizona Department of Emergency and Military Affairs
Vice-Chairman Mitchell moved that SCR1008 do pass. The motion carried by a roll call vote of 7-0-0-1 (Attachment 13).
Without objection, the meeting adjourned at 11:09 a.m.
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Joanne Bell, Committee Secretary
April 1, 2014
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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COMMITTEE ON PUBLIC SAFETY, MILITARY
AND REGULATORY AFFAIRS
2
March 19, 2014
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