ISSUE 12 - March 30, 2012

Legislative overview

Today is the 82nd day of the first regular session of Arizona's 50th Legislature. During the past week, the only legislative committees to hear bills were the Committees on Rules and Appropriations. Otherwise, legislative activity was confined to the floors of the two chambers.

During the past week, Governor Brewer brandished her veto pen for the first times this year. She first rejected HB 2757 (billboards; changing message; authorization), which would have legalized electronic billboards along state highways. On Thursday, March 29, HB 2362 (state parks revenue fund) became the subject of the Governor's second veto of the year (see story below).

Conference committees are poised to begin meeting to reconcile differences between House and Senate versions of various bills that have passed both chambers in different forms. The deadline for conference committees to meet is Friday, April 13, four days before the 100-day session deadline established by rule.

Consolidated elections

HB 2826 (consolidated election dates; political subdivisions) mandates that, with very narrow exceptions, all municipal elections must be held in the fall of even-numbered years. The bill, which is strongly opposed by the League, passed the House by a slim margin on March 1.

The bill was scheduled for consideration by the Senate Committee of the Whole on Thursday, March 29 but was retained. It has reappeared on the Senate COW calendar for next Monday, April 2.

The League remains opposed to the bill for a variety of reasons, including: state interference in a matter of purely local concern (particularly with respect to the elimination of spring elections for cities and towns); prospective ballot length and voter fatigue; increased costs and voter confusion; unnecessary and harmful delays for certain types of elections; and difficulties associated with all-mail ballots.

During Senate consideration of the bill, an amendment may be offered that would address some, but not all, of the League's concerns. Accordingly, the League continues to oppose the measure and encourages cities and towns to contact their senators to urge a "NO" vote on HB 2826.

Liquor regulations

HB 2606 (liquor omnibus) failed in the Senate on Tuesday, March 27, by a vote of 12-18. Among other things, the bill, sponsored by Rep. J.D. Mesnard (R-Chandler), permits the State Liquor Board to consider municipal tax delinquencies in liquor license suspension and revocation proceedings. It 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). A motion for reconsideration was approved, which provides for a future revote on the measure.

State parks

On Monday, March 26, the Senate approved HB 2362 (state parks revenue fund) by a unanimous vote of 28-0, sending it to the Governor's desk. 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.

On Thursday, March 29, Governor Brewer vetoed HB 2362. It was her second veto of the year. In her veto letter, the Governor did applaud the bill sponsor and emphasize that the State Parks Department is working with Rep. Fann on potential improvements to the legislation to avoid unintended consequences.

Animal cruelty

On Thursday, March 29, the Senate Committee of the Whole approved HB 2780 (animal cruelty; ranching dogs). The bill provides an exemption from animal cruelty statutes with respect to dogs involved in ranching and farming activities. The Senate adopted a floor amendment offered by Senator Ron Gould (R-Lake Havasu City), Chairman of the Senate Judiciary Committee. That amendment considerably narrows the exemption.

The legislation continues to contain language preempting municipal ordinances involving abuse of ranching dogs. The bill, which is opposed by the League, now proceeds to third reading in the Senate.

Traffic control

On Tuesday, March 20, the Senate Appropriations Committee approved a strike-everything amendment to HB 2557 (NOW: intersection; definition) by a vote of 8-4. As amended, the bill redefines the definition of "intersection" in the transportation statutes to make it more difficult to cite drivers for red light violations. The measure passed the Senate Committee of the Whole on March 27 and now proceeds to its third reading.

Alarm installation

On Tuesday, March 27, the Senate Committee of the Whole passed HB 2748 (NOW: alarm business; alarm agent; certification). The measure provides for the establishment of a statewide certification requirement for alarm businesses and alarm agents, and preempts further local regulation of alarm installation. The measure was additionally amended on the floor to make technical and clarifying changes. The League is neutral on the bill, which now proceeds to its third reading in the Senate.

Consumer fireworks

HB 2361 (NOW: regulations; consumer fireworks), which passed the House by a vote of 46-14 on March 6, is subject to consideration by the Senate Committee of the Whole at any time. 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.

Competing fireworks legislation, SB 1364 (consumer fireworks; permitted regulation), was approved by the House Rules Committee on March 26 and was caucused in the House the following day. This bill, sponsored by Senator Andy Biggs (R-Gilbert), does not authorize jurisdictions within Yavapai and Coconino Counties to regulate the sale of fireworks. Without that modest expansion of regulatory authority, the League opposes SB 1364.

Tax reform

On Wednesday, March 28, the Senate unanimously approved 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 was amended by the Senate to remove the Director of the Office of Strategic Planning and Budgeting from the committee and instead appoint the Director of the Department of Revenue. The House concurred with this change, and the Governor signed the bill into law on Thursday, March 29.

Law enforcement

On Monday, March 26, the House Committee of the Whole was scheduled to hear SB 1212 (law enforcement officers; just cause), but the bill was retained. 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 as a costly impediment to the discipline of problematic officers.

On Wednesday, March 28, the House Committee of the Whole approved SB 1186 (law enforcement officers; omnibus) by voice vote. Among other things, the measure, sponsored by Senator Linda Gray (R-Phoenix), severely curtails the ability of law enforcement agencies to require fitness for duty examinations. The League opposes the bill, which previously passed the Senate by a vote of 30-0.

Emergency response

On Monday, March 26, the Senate Rules Committee approved HB 2094 (prepaid wireless E911 excise tax). The bill, sponsored by Rep. Bob Robson (R-Chandler), levies a tax of .8 percent on the retail sale of prepaid cell phone services to assist governmental entities with the maintenance, operation and capital costs associated with the 9-1-1 system. Arizona currently levies a tax on all telecommunications services for this purpose. The tax, however, is currently collected only on monthly wired and wireless services. The League supports HB 2094 as a means to effect considerable improvement of Arizona's aging 9-1-1 system. The legislation now proceeds to the Senate caucuses for discussion.

Public works notification

On Monday, March 26, the Senate Rules Committee approved HB 2350 (NOW: cities; counties; regulations), which was caucused in the Senate that same day. The measure requires a municipality to post its capital improvement plan (CIP) on its website. Under the legislation, a utility may also request that it receive copies of the CIP, along with information on any new or accelerated projects. The League is neutral on the bill, which has been placed on a Senate consent calendar.

Business incentives

SB 1442 (prime contracting; manufacturing facilities; infrastructure) was discussed by both House caucuses on Thursday, March 29. The measure allows municipalities and counties to recapture state transaction privilege taxes paid by qualified manufacturing facilities for public infrastructure necessary for those facilities. The League supports the measure as a tool for attracting manufacturing jobs to Arizona.

Sales tax collection

HB 2466 (NOW: payment; local sales tax) was scheduled for consideration by the Senate Committee of the Whole on Thursday, March 29. The bill, which provides for the creation of an online portal for the direct remittance of taxes by taxpayers in self-collecting cities, was retained. The League, which supports the measure, understands that it was held in order to resolve outstanding issues with the Arizona Department of Administration.

Political signs

On Wednesday, March 28, the House Committee of the Whole approved SB 1200 (political signs; hazardous locations). The bill, 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 now proceeds to its third reading in the House.

Legislator Profile - Senator Steve Pierce

Senator Steve Pierce
As a real-deal Arizona cowboy whose family has been in the ranching business since 1915, Senator Steve Pierce knows bull when he sees it. And make no mistake: as the president of the Arizona State Senate, he sees a lot of it.

There is little doubt that Pierce's reputation as a straight-shooting, no-nonsense, get-it-done leader figured largely in his election to the Senate's senior leadership post upon the departure of his predecessor. With a vocal minority and a caucus of independent-minded senators, Pierce constantly draws on a reserve of quiet strength to keep the Arizona Senate moving forward.

Given the depth of his Arizona roots, Pierce's ancestors may as well have walked out of the sea and right into the desert Southwest. Instead, his grandfather came to Arizona from Missouri, rolling into the territory on a boxcar. He found work at O'Malley Lumber in Phoenix, from which he retired as a manager at about the time that Arizona became a state.

Along the way, Grandfather Pierce acquired some 200 acres of farmland - at what is now 44th Street and Thomas Road in Phoenix. He reinvented himself as a rancher and began raising short-horn cattle in the middle of what was to become one of the country's largest metropolises.

The future president of the Senate was born in St. Joseph's Hospital in Phoenix in 1950. He attended elementary schools in the northeast Valley until the time, in 1959, when urbanization took the Pierce family in a new direction. Developers acquired the Pierce farmland as the site for Thomas Mall. (Opened in 1963, and anchored by Montgomery Ward and Diamond's, this modern retail marvel - which was leveled in 1993 - featured colorful birds in giant cages, large aquaria and a "dancing waters" fountain for shoppers' enjoyment.)

The family's legacy is memorialized in the form of Pierce Park, located on North 46th Street on a section of the former ranch that was dedicated to Phoenix. Families now swim, shoot hoops, picnic and play tennis on land where cattle once grazed. Also in the neighborhood is Pierce Plaza, a modest retail center. Long gone, however, are the cows and silos.

With some money in their pocket and ranching in their blood, the Pierces moved to Las Vegas Ranch in the Prescott area. As far as young Steven was concerned, even though Prescott was a mere 100 miles away from Phoenix, it may as well have been on the other side of the moon. "On that first day I got off the school bus, I knew that everything was completely different," he recalls. "I found myself in a real melting pot, surrounded by kids of all types and ethnic backgrounds. I made friends immediately."

He also went right to work on the ranch. He learned the value of a dollar, earning exactly one of them a day. And those dollars were more than hard-earned. "I helped cull the herd. I hoed thistles. Helped bale hay. Moved cattle. Drove tractors. I did whatever I was told."

Following his graduation from Prescott High School, Pierce entered college at the University of Arizona, where he earned a degree in animal sciences. Of the 15 students who graduated from Pierce's program, he was the only one whose family owned a working ranch. A professor of meat science and academic mentor, John Marchello, persuaded Pierce to return home and put his knowledge to practical use. Marchello, a member of the UofA faculty since 1965, is still teaching meat science in Tucson. And Pierce is still working the Las Vegas Ranch.

Pierce worked alongside his father, Delbert, on the ranch up until the latter died over three years ago. The elder Pierce passed away just 12 days after his wife did. The couple met in second grade. He lived to 91, and his younger bride to 90.

Long before he passed, Delbert Pierce, who had himself served on the Scottsdale School Board, advised his son not to get into politics. "It's too hard on a family," he counseled. Pierce intended to heed this advice, but he found that he couldn't stand back and idly watch as his state senator "failed to represent the values of the conservative district" in which they both lived. Consequently, he took on the incumbent in the 2008 Republican primary and defeated him by 1,400 votes. He went on to crush his Democratic rival by a 22 percent margin of victory in the general election.

As a legislator, Pierce examines issues through an intellectual prism crafted on an Arizona ranch. He emphatically notes, for example, that responsible ranchers are the state's true environmentalists. Stewards of the land they love, their activities contribute to forest health and a balanced ecosystem. Pierce is especially proud of the recognition that he and his father were awarded in 1983 by the Arizona Section of the Society for Range Management. They were jointly named "Range Managers of the Year."

Pierce is also attentive to urban issues and works to stay connected to the incorporated municipalities in Arizona's first legislative district, located in Coconino and Yavapai Counties. Referring to his city and town constituents, he states: "They know I'll help them when I can and that my door is always open."

Pierce doesn't appear to be very obsessed with a political career beyond the Senate. "Whatever happens, happens," he states with his trademark taciturnity. "There are plenty of things I could do… I only got to fish once all last year."

During a recent meeting of the executive committee of the League of Arizona Cities and Towns, Pierce talked about problem solving and compared his jobs as rancher and Senate president. "On the ranch, if you can't fix something one way, you get baling wire and fix it another way." Armed with the baling wire of common sense and resourcefulness, Pierce will remain plenty busy solving problems at the political ranch located at 1700 West Washington in Phoenix.

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