ISSUE 3 - January 26, 2012

Legislative Overview

Today is the 18th day of the second regular session of Arizona's Centennial Legislature. Although there was a marked uptick in committee activity this week, legislators' focus continued to be on the introduction of new bills. As of 1:00 p.m. today, 1187 bills, memorials and resolutions had been introduced in the Legislature. Monday, January 23, was the deadline for House members to open a bill folder, a procedural prerequisite for introducing new legislation. Next Monday, January 30, is the bill introduction deadline in the Senate.

On Monday, January 23, Representative Judy Burges was unanimously selected by the Maricopa County Board of Supervisors to fill the Arizona Senate seat of legislative district 4, which became open when Senator Scott Bundgaard resigned from office. As a consequence of her appointment, Burges necessarily vacated her chairmanship of the House Committee on Government. The previous vice-chair, Representative Michelle Ugenti, was elevated to chair, and Representative Steve Montenegro was appointed to take Ugenti's place as vice chair. In the meantime, Senator Burges was assigned to the Senate Committees on Government Reform, Judiciary and Water, and Land Use and Rural Development.

ADWR Assessment

On Wednesday, January 25, Senator Gail Griffin introduced SB 1288 (municipal water fees; repeal; appropriation), legislation to repeal the law providing for the imposition of an assessment on municipalities to fund operations of the Arizona Department of Water Resources. The League has invested substantial time and effort to secure legislative support for the bill and is proud to report that 45 representatives and senators (fully one-half of the Legislature) signed on to the measure as original co-sponsors.

The League thanks Senator Griffin for her work on this issue and acknowledges the extraordinary efforts of cities and towns across the state in building legislative support for the initiative. We will notify cities and towns when the bill is scheduled for a hearing in the Senate.

Transaction Privilege Tax Reform

On Monday, January 23, the House Committee on Ways and Means unanimously passed HB 2123 (transaction privilege tax [TPT] reform committee). The bill establishes a 12-member committee to study various issues related to the future of sales taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31, 2012.

Separately, Governor Brewer has announced plans to appoint by Executive Order a TPT Simplification Task Force. The task force would have a charge similar to that of the committee contemplated by HB 2123. The League is cooperating with the Office of the Governor on its task force initiative. Furthermore, the League offered testimony on HB 2123, expressing support for the measure's general concept but expressing concerns about language in the bill that could suggest a predisposition to eliminate state income taxes.

Leash Laws

On Wednesday, January 25, the Senate Committee on Government Reform took testimony on SB 1065 (leash law exemption; liability insurance). As introduced, the bill provides that municipal and county ordinances and homeowners' association policies regulating or prohibiting a dog from running at large do not apply if the dog's owner provides proof of canine liability insurance of at least $100,000 for injury to any person or damage to any property caused by the dog.

The sponsor of the bill, Senator Lori Klein, introduced a "striker" amendment in committee that: 1) eliminated the bill's application to cities and towns, and 2) reduced the insurance threshold to $50,000. Following a vigorous discussion among committee members, the bill was held.

Pension Reform

Earlier this week, the House Committee on Employment and Regulatory Affairs considered HB 2264 (ASRS; employee; employer contributions; rate). The bill, sponsored by committee chairman Rep. Bob Robson (R-Chandler), provides for a 50/50 split between employers and employees with respect to contributions to the Arizona State Retirement System (ASRS). The measure effectively repeals that portion of last year's SB 1614 that moved ASRS to a 47/53 split between employers and employees, respectively. HB 2264 passed out of committee unanimously and now heads to the House Appropriations Committee for consideration.

Permit Self-Certification

HB 2168 (building permits; self-certification process) provides that, "on receipt of any completed permit application, a municipality shall give the applicant the option of obtaining the issuance of the requested permit through a municipally directed permitting process or through self-certification." The bill proceeds to outline onerous standards for the establishment of the mandated self-certification program.

HB 2168 was scheduled for consideration by the House Committee on Government on Tuesday, January 24. The sponsor of the bill, Representative Jeff Dial, agreed to have the bill held for one week to permit the League to develop alternative language that would, at a minimum, provide for a limited self-certification pilot program. The League is presently working with Representative Dial and municipal stakeholders on the development of such an alternative.

9-1-1 Funding

On Thursday, January 26, the House Committee on Technology and Infrastructure passed HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored by Rep. Bob Robson (R-Chandler) levies a tax of .8% on the retail sale of prepaid cell phone services. Arizona currently levies a tax of 20 cents on monthly wired and wireless services. Collected revenue is to be used for assisting political subdivisions with the maintenance, operation and capital costs associated with the 9-1-1 system. The League would like to thank the sponsor for championing this legislation, which will improve Arizona's aging 9-1-1 system. The measure passed out of committee unanimously and now heads to the House Committee on Employment and Regulatory Affairs.

Government Deposits

On Wednesday, January 25, the Senate Committee on Banking and Insurance considered SB 1135 (government deposits). The League registered its support of the bill, which passed the committee on a unanimous vote.

The bill authorizes municipalities to invest surplus funds and other monies not used for operating costs into federally insured savings deposit accounts through Insured Cash Sweep (ICS). ICS is a deposit placement service that allows for a depositor's funds to be swept from a transaction or checking account into savings accounts (interest-bearing money market accounts). ICS allocates the funds to accounts in banks throughout the country in amounts less than the Federal Deposit Insurance Corporation (FDIC) insurance maximum of $250,000 so that both principal and interest are eligible for FDIC insurance.

Legislator Profile - Representative J.D. Mesnard

Representative J.D. Mesnard
The University of California at Santa Barbara publishes an academic journal entitled, Music & Politics. Articles appearing in the magazine have included, "The Question of Multiculturalism in the Arts in the Postcolonial Nation-State of Trinidad and Tobago," and, "Authenticity as a Political Act: Straub-Huillet's Chronicle of Anna Magdalena Bach and the Post-War Bach Revival." Students of Arizona politics might submit that a more interesting and accessible article for the journal would be, "Music and Politics: the Story of Arizona Representative J.D. Mesnard."

Representative Mesnard, a freshman legislator from legislative district 21, is a gifted musician who likes the piano but loves the orchestra. He embraces the challenge of synthesizing, weaving and fusing disparate sounds into a beautiful and coherent compositional whole. If he can bring his symphonic talents to bear in the Arizona House to harmonize the chamber's discordant and often atonal political voices, the accomplishment might represent a real masterpiece.

Genuine and considerate, Mesnard is idealistic yet thoughtful, a lawmaker who accomplishes more by dint of diplomacy, reason and tact than through browbeating and brute force. His is a sensitive soul, tempered by the musical influences that have touched his life since an early age.

Mesnard, the son of a fighter pilot, was born at MacDill Air Force Base in Tampa and subsequently spent his earliest years residing overseas. He also lived for awhile in Alamogordo, New Mexico and Colorado Springs, Colorado before settling in Arizona over twenty years ago. As a child, he brought little to Arizona other than a fear of scorpions, a minor phobia that has never completely abated.

After graduating from Corona del Sol High School in south Tempe, Mesnard entered Arizona State University to study music, his first passion. "When I was small, we had a piano in the house, and I could tink out tunes by ear," he recollects. "I didn't start lessons until I was 10, and I quit a dozen times, but ultimately I stuck with it."

While he pursued a bachelor's degree in musical composition, Mesnard harbored an ambition to write musical scores for movies. "That was regarded as a pretty lowbrow occupation by serious musical academicians," Mesnard laughs. Regardless of what his professors may have thought of Mesnard's aspiration, they could not gainsay his talent and ability. He graduated summa cum laude.

In his last year at ASU, Mesnard "stumbled into" politics. Without concrete post-graduate plans, he applied for an internship at the Arizona Legislature. He was accepted into the program and assigned to the Senate Committee on Education. Then-senator Ken Bennett was the committee's chairman and current Representative Kimberly Yee was his direct superior. Though their relationships have changed, he remains firmly connected to his legislative mentors: "I now vote alongside Kim and submit my nomination petitions to Ken," he observes.

As an intern, Mesnard fell in love with the legislative process and was, "bitten by the political bug." At the conclusion of his internship, he applied for a permanent job and was hired to serve as a member of the Republican Senate staff. He continued to work for the Legislature for eight years, earning master's degrees in business administration and public administration along the way.

With a legislative skill set developed and honed over eight years as a Senate staffer, Mesnard decided to run for the House in 2010. Hitting the campaign trail, he found that he wasn't crazy about knocking on doors and interrupting the lives of his future constituents. Still, he clicked with the voters, who doubtless appreciated his self-effacing manner and lack of pretension. "People came to the door and asked me what I was selling," he recalls. "I would respond that it was much worse than that: I'm not a salesman but a politician running for office!"

Elected to represent district 21, which includes the communities of Chandler, Mesa, Queen Creek and Gilbert, Mesnard had virtually no learning curve and was prepared to hit the ground running. Comparing his experience as a staffer to that as a member, he notes, "It's the same environment, the same meetings, the same issues. People do now seem to care a little more that I'm in the room."

He also observes that the formality associated with elective office, "takes a little getting used to." Having studied legislators through the prism of a staffer for many years, he recognizes how important it is for representatives to stay grounded and to remain closely connected to their constituents.

Mesnard subscribes to the proposition that, as a general matter, elected officials at the city level should maintain authority to govern with respect to matters of local concern. He acknowledges that the Legislature has demonstrated some hostility to cities and towns in recent years, but he hopes that he can serve as a positive agent of change to help build better relations between local governments and the state.

When he is not legislating, composing or continuing his education, Mesnard is busy teaching political science at Mesa Community College. The easygoing and unconventional professor operates his classroom as though it were a legislative committee. The students address each other as "senator" and the professor as "Mr. Chairman." Although his students learn a great deal about government, Mesnard hopes to impart life lessons that transcend political institutions. "Nothing is more gratifying to me," says Mesnard, "than when I see the lights turn on in a student's mind, and I know that I've contributed in a meaningful way to that person's education."

Mesnard relates so well to his students, in fact, that he successfully impersonates them at the beginning of the school year. "During the first day of class," he confesses, "I like to sit in the classroom among the students. They think that I'm a student too, and I'm able to find out what they really think." The youthful professor admits, "I can probably get away with that for only another year or two."

Mesnard's immediate political plan is to continue representing his district 21 constituents to the best of his ability. Given the depth of his experience and the promise of his relative youth, however, he is well positioned to remain a force in Arizona policymaking for years to come. In any event, with his highly trained ear and harmonic abilities, it is manifest that he will continue to make beautiful compositions - whether by the instrumentality of symphonic score or via legislative initiative.

Legislative Bulletin is published by the League of Arizona Cities and Towns.
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