ISSUE 11 - March 23, 2012

Legislative update

Today is the 75th day of the second regular session of Arizona's 50th Legislature. The appropriations and rules committees were the only ones with authority to consider bills during the past week. Outside of those committees, most legislative activity occurred on the floors of the House and Senate. Budget negotiations continued behind closed doors, and the possibility continues to exist that the Legislature will adjourn sine die by April 17, within the 100-day deadline established by rule in each chamber.

Municipal water assessment

On Wednesday, March 21, the House Appropriations Committee considered and unanimously passed SB 1288 (municipal water fees; repeal; appropriation). The legislation repeals the statutory authority of the Arizona Department of Water Resources (ADWR) to impose an assessment on cities and towns to fund departmental operations. The bill further provides for funding of the agency through the State's general fund. The League testified in support of the bill, which proceeds to the House Rules Committee for further consideration.

In a related development, a strike-everything amendment to HB 2493 (department of water resources; funding) was posted for consideration by the Senate Appropriations Committee on Tuesday, March 20. The strike-everything amendment, wholly unrelated to ADWR funding, was not considered by the committee, however, and the bill was held. As originally introduced, HB 2493 establishes a joint legislative study committee to study potential ADWR funding mechanisms and repeals the municipal assessment authority in two years.

Regulatory tax credit

On Tuesday, March 20, the Senate Appropriations Committee held a hearing on HB 2815 (employment; incentives; regulatory tax credit). Prior to the hearing, Chairman Don Shooter (R-Yuma) circulated three amendments, including one to remove the Regulatory Tax Credit portion of the bill, the section to which the League is strongly opposed. None of the amendments, however, were offered during the committee's consideration of the bill. The bill's sponsor, Rep. J.D. Mesnard (R-Chandler), testified that that he was engaged in discussions with the Office of the Governor regarding several provisions of the bill and that more changes were required to make the legislation acceptable to the executive branch. Rep. Mesnard has assured the League that the Regulatory Tax Credit portion of the bill will be removed with a floor amendment. Based on that assurance, the League signed in as neutral on the bill, which passed out of the committee by an 8-4 vote.

Photo radar

SCR 1031 (s/e: photo radar; speeding; prohibition) would, upon statewide voter approval, prohibit the use of photo radar systems in Arizona for speed enforcement purposes. The resolution, opposed by the League, was heard in the House Appropriations Committee on March 22 and failed by a vote of 4-9.

Consumer fireworks

On Monday, March 19, the Senate caucuses passed HB 2361 (NOW: regulations; consumer fireworks). Among other things, the legislation: prevents municipalities from adopting ordinances with penalties greater than a petty offense for a person using certain consumer fireworks; permits the imposition of fees on fireworks vendors; addresses certain signage issues; and permits restrictions on the sale and use of consumer fireworks in Coconino and Yavapai Counties. The League is neutral on the bill.

Last week the House Committee on Military Affairs and Public Safety passed comparable legislation, SB 1364 (consumer fireworks; permitted regulation), by a vote of 7-2. The committee, however, adopted an amendment removing the authority of jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. Without that modest expansion of regulatory authority, the League opposes SB 1364, which has not yet been heard in the House Rules Committee.

Council Procedures

Earlier this week, HB 2570 (political subdivisions; proceedings; governing bodies) was approved by the Senate Rules Committee and heard by the Senate's majority and minority caucuses. The bill provides that a city or town council may not take action on a proposed ordinance until it has been publicly posted in its final form for at least seven days. The bill also prescribes a process for the adoption of emergency ordinances and exempts certain other ordinances from the bill's enhanced notice requirements.

The bill was amended in the Senate Committee on Government Reform to stipulate that emergency ordinances expire 90 days after adoption instead of 60. Additionally, the amendment makes certain clarifying changes to last year's SB 1598 (cities; counties; regulatory review) regarding licensing timeframes and exempt permits and licenses. The Rules Committee adopted an amendment to the Government Reform amendment to make technical changes. The measure was scheduled for Senate Committee of the Whole on Thursday March 22 but was retained. The League is neutral on the measure and is continuing to work with the sponsor on additional changes.

Alarm system installation

On Monday, March 19, the House Rules Committee approved SB 1306 (s/e: alarm businesses; agents; regulation; licensing). On the same day, the Senate Rules Committee passed HB 2748 (s/e: cities; alarm licenses; reciprocity). Both bills were also caucused this past week.

Identical strike-everything amendments to the bills have passed both chambers. The "strikers" memorialize a compromise agreement among stakeholders that was brokered by the bills' sponsors, Senator Frank Antenori (R-Tucson) and Rep. Amanda Reeve (R-Phoenix), respectively.

The agreement provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and preempts further local regulation of alarm installation. Local government, however, may continue to regulate other aspects of alarms (such as false alarms) through ordinance. The League, a key stakeholder in negotiations, thanks the sponsors for their cooperation and leadership.

Street assessments

On Monday, March 19, the Senate Rules Committee gave its approval to HB 2151 (s/e: assessments; intergovernmental agreements). The amendment prohibits a municipality from assessing property for any street constructed or improved pursuant to an intergovernmental agreement between public bodies. The League opposes the measure, which would substantially restrict the ability of municipalities to reduce costs to the taxpayer through partnerships with other public entities. The bill was held in the Senate Majority Caucus and is not expected to proceed any further through the legislative process.

Political signs

SB 1200 (political signs; hazardous locations), sponsored by Senator Sylvia Allen (R-Snowflake), stipulates that a government agency must notify the owner of a political sign in writing if a particular sign is deemed to create a hazardous condition. It further provides that, for purposes of calculating the time frame for permissible sign installation, a primary election begins on the day that early ballots are first mailed out to voters. The measure passed the House caucuses on March 19 and proceeds to the Committee of the Whole. The League remains neutral on the bill.

State parks

HB 2362 (state parks revenue fund) passed the Senate Committee of the Whole on Thursday, March 22. Sponsored by Rep. Karen Fann (R-Prescott), the bill creates a new fund for operation and maintenance of the state park system. The fund would be composed of private donations, revenue from fees and sales, and legislative appropriations. The measure also permits the State Parks Board to acquire and develop real property and improvements, subject to review by the Joint Committee on Capital Review. The League supports the bill, which now proceeds to its third reading in the Senate.

Water and wastewater

HB 2416 (water and wastewater; denial prohibited) passed out of the Senate Rules Committee and both Senate caucuses this week. The bill mandates that cities and towns in Pima County provide water service to areas outside of their corporate boundaries. The League continues to oppose the measure.

Government deposits

On Monday, March 19, the House unanimously approved SB 1135 (government deposits) by a vote of 58-0. The bill, sponsored by Senator John McComish (R-Phoenix), previously passed the Senate by a vote of 29-0. The League supports the measure, which now proceeds to Governor Brewer for her likely signature.

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.

Liquor regulation

On Thursday, March 22, the Senate Committee of the Whole considered and passed HB 2606 (NOW: liquor omnibus). The bill's sponsor, Rep. J.D. Mesnard (R-Chandler), previously agreed to an amendment, adopted by the House, which permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. The amendment further permits a city or town to use the average of the last five years of the Consumer Price Index (CPI) for fee increases (as opposed to just the previous year's CPI). The bill, which previously passed the House by a vote of 47-9, now proceeds to its third reading in the Senate.

Firearms

Two firearms bills were caucused in the House on Thursday, March 22. SB 1087 (firearms; state preemption), sponsored by Sen. Ron Gould (R-Lake Havasu City), provides that local firearms ordinances can be no more restrictive than state law. SB 1304 (firearms regulation; political subdivisions), sponsored by Sen. Frank Antenori (R-Tucson), repeals statutory language permitting a political subdivision to adopt an ordinance or rule restricting the discharge of firearms within one-quarter mile of an occupied structure. Pursuant to an amendment adopted by the Senate, the bill does establish parameters for criminal negligence for the use of a firearm within a municipality. Both bills now proceed next to the House Committee of the Whole.

Tax reform

On Thursday, March 22, the Senate Committee of the Whole passed HB 2123 (transaction privilege tax reform committee). The bill, sponsored by House Majority Leader Steve Court (R-Mesa), establishes a 13-member committee to study various issues related to the future of taxes in Arizona. The bill requires the committee to report its findings and recommendations by October 31, 2012. HB 2123, which passed the House by a unanimous vote of 57-0 in February, now proceeds to its third reading in the Senate.

Law enforcement

On Monday, March 19, the House Rules Committee considered and passed SB 1212 (law enforcement officers; just cause). The bill was caucused in the Senate the next day. Sponsored by Senator Andy Biggs (R-Gilbert), the bill mandates that the same "just cause" process required for the termination of law enforcement officers be applied to demotions and suspensions lasting longer than 40 hours. The League opposes the bill, which previously passed the Senate and now proceeds to the House Committee of the Whole.

On Thursday, March 22, the House Rules Committee passed SB 1186 (law enforcement officers; omnibus) by a unanimous vote of 8-0; the bill was caucused in the House the same day. Among other things, the measure, sponsored by Sen. Linda Gray (R-Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations and increases the time and cost of just cause terminations. The League opposes the bill as a costly impediment to the discipline of problematic officers.

Legislator Profile - Representative Cecil Ash

Representative Cecil Ash
It may not be terribly unusual for a state legislature to count among its membership a small-town rancher, a big-city diplomat, a real estate entrepreneur, a flight attendant, a public defender, a mobile home park developer, and an international missionary. What is far rarer, however, is to find those multiple personalities all rolled into one person. But so it is with Arizona Representative Cecil Ash, a sophomore legislator from legislative district 18.

A native of Mesa, Ash had four brothers, all of whom graduated from Mesa High School. Before he entered high school, however, his parents decided to relocate to the family ranch at the confluence of Aravaipa Creek and the San Pedro River in southeastern Arizona. Consequently, young Cecil attended Hayden High School in Winkelman, where a new school building had been recently constructed.

When he wasn't attending to his studies, the young cattleman worked the ranch, which supported 400 head of cattle on thirty sections of grazing land. The family's self-described "chief water engineer" was responsible for irrigating 160 acres of alfalfa.

Following high school, Ash enrolled at Brigham Young University in Provo, Utah. Missing his friends and family, he attended one semester at the University of Arizona before embarking on a mission for his church in 1968.

The site of Ash's mission was Paris, France. Of the 150-200 missionaries with whom Ash served in France, two were selected to serve as assistants to the mission president. Ash was particularly impressed with one of those young men, an outstanding leader and genuinely compassionate individual by the name of Mitt Romney. Ash remembers a horrific incident in which Romney was operating as chauffer to the mission president and his wife. Traveling along a curving two-lane highway, an oncoming car crossed the road and hit the Mormon entourage head on. The mission president's wife was killed. Romney was thrown from the car and knocked unconscious. The police officer on the scene wrote on his passport, "Il est mort." ("He is dead.")

Of course, the reports of Romney's death were exaggerated, but he was seriously injured and barely survived. Decades later, Ash served on Romney's fundraising committee in New York City for the 2008 presidential campaign, and he is an active supporter of Mitt Romney 2012.

Back stateside after completing his mission, Ash returned to BYU to finish school. As graduation approached, he saw a notice posted on a campus bulletin board that Trans World Airlines and Pan American World Airways were scheduling interviews for flight attendant jobs. The airlines interviewed 110,000 individuals nationwide for 1,100 jobs. Ash was one of the 1,100 chosen to fly the friendly skies.

Ash traveled to Miami for flight attendant training. He was, he recalls, "one of 12 guys among 140 beautiful women." Before long, he was jet-setting between hot spots like New York City, London and Paris. Ash enjoyed the experience and saw a good deal of the world, but as a faithful member of his church who didn't drink, do drugs or fool around, he began to yearn for something more.

Grappling with an uncertain future, Ash was stricken with appendicitis in London and was laid up in St. George Hospital for a week. Lonesome and ill, he decided during that rough week to return to the States and quit his job. He almost didn't have the chance. On the return flight from London to Los Angeles, his appendix burst. The physician who performed the emergency surgery in L.A. declared that it was the worst such condition he had encountered in more than 30 years of practice.

Ash returned to the ranch to recover and contemplate his future. On the mend, he took the Law School Aptitude Test. He received a great score and decided to continue his journey through life via law school, from which he graduated in 2½ years. Ash entered private practice in Mesa and, after two years, interviewed for a legal adviser position with Department of Public Safety. DPS interviewed 22 candidates and chose Ash. Sometime later, he asked why he had been hired. "I was told that they wanted to hear all about my exploits as a flight attendant. Were they ever disappointed!" Ash laughs.

Following a five-year stint with DPS, Ash turned his sights toward real estate and earned a broker's license, which he held from 1980 to 1993. He purchased a Help-U-Sell franchise, which lost $200,000 over four years. Always the philosophical optimist, Ash looks at the bright side: "I learned so much from that experience that it took me only six months to lose the next $100,000!"

During this time frame, Ash and his brothers acquired land in Mesa on which to develop a recreational vehicle park. Entering the business at a time when there was fierce competition among RV facilities in the East Valley, he built a championship golf course at the site. As a consequence, tenants rushed to occupy the park, which filled to capacity while other park operators continued to fight for new residents.

In 1990, Ash's career took another sharp turn when he accepted a post with the Maricopa County Public Defender's office, a position he would hold for five years. "That was fun," the ever-charitable Ash recalls. "Being a public defender is like being a paid bishop. You basically have an opportunity to help people with their problems. Some people get involved with drugs or do other stupid things because they undervalue the associated risks. As a public defender, you can help get these people get back on the right track."

The experience helped shaped Ash's view on sentencing reform, an issue about which he is emphatically passionate. "The state of Washington is roughly the same size as Arizona, but Washington incarcerates about 18,000 convicts to our 40,000," he observes. "We're turning a blind eye to great developments in the criminal justice system, like effective pre-trial diversion programs. By embracing change, New York was able to reduce both its prisoner population and its crime rate."

In 1995, following the death of a brother, Ash left the Public Defender's office to concentrate on management and operation of his RV park. After nearly 10 years operating the facility, Ash was bought out by a national RV company. "They made me the proverbial offer I couldn't refuse," he remembers. As a consequence, Ash retired and then purchased and remodeled three homes on the Pacific coast of Mexico.

Ash also volunteered for United Families International (UFI), a 501(c)(3) public charity devoted to maintaining and strengthening the family as the fundamental unit of society. In connection with his volunteer work, he attended a convention in New York City. During his visit to the Big Apple, he was dispatched to the United Nations to lobby on behalf of UFI. The experience was intoxicating, as Ash apprehended the possibilities to make a positive difference on an international stage.

One thing led to another, and in January 2005, Ash and his wife, Linda, settled into an apartment on the East Side of Manhattan. For two years he worked as UFI's volunteer representative to the United Nations. He also continued his lifelong work with his church as a liaison to the Chinese branch of the Church of Jesus Christ of Latter Day Saints. Diving headlong into the dynamic culture of New York, Mr. and Mrs. Ash enjoyed the theater, attended lectures and sampled an unending variety of cuisine. Their time in New York was enhanced by proximity to a son who was completing a medical residency in the city.

Once the son's residency concluded in 2007, it was time for the Ash clan to return home. Ash continued his involvement in politics as a volunteer and finance committeeman for the Mitt Romney presidential campaign. When Romney dropped out of the race in February 2008, Ash decided to run for the Arizona Legislature. "[Former Representative] Karen Johnson wanted my wife to run," Ash explains, "but she wouldn't do it, thinking that our kids would be ignored." His wife remains a faithful advisor, however, occasionally reminding Ash that while he may be smarter, she possesses more common sense. It's a charge he doesn't deny.

Ash is a true conservative who, like Ronald Reagan before him, promotes local government and believes that decision-making should be decentralized and close to the people. Accordingly, the iconoclastic Republican consistently votes against legislation designed to diminish the authority of mayors and city councils. Last year, for example, he opposed SB 1322 (managed competition; city services), SB 1160 (city sales tax; residential rental), and SB 2153 (municipalities; counties; fire sprinklers; code). Not surprisingly, he was recognized with a Champion of Cities award at last summer's annual conference of the League of Arizona Cities and Towns.

Ash is not coy, ambiguous or ambivalent about his future political aspirations. "I have none," he flatly states. He would like to finish what he has started (particularly with respect to sentencing reform), but there is much he'd like to do with the remainder of his life that doesn't involve politics.

Ash has been married for 35 years and has five successful children. "I've had a wonderful life," Ash muses. Who could argue? He has enjoyed strong faith, a model family, rich and varied life experiences, a succession of successful careers, international travel and diplomatic work, public service and elected office. Not too shabby for an alfalfa-watering ranch-hand from Winkelman, Arizona.

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