Tuesday, February 02, 2010
Summary of Tuesday's special session activities
...The Senate, with most but not all Democrats on board, passed a series of bills meant to address the current fiscal year's state budget deficit. This includes the referral of a temporary increase to the state's sales tax to the ballot in a special election in May.
...The bills have been introduced in the House and were immediately referred directly to the Rules Committee, bypassing the Appropriations Committee, where Chairman John Kavanagh (R-Russell Pearce with a New York Accent) lies in wait, ready to kill it.
...Of course, the package may be dead already - I've heard from Speaker Kirk Adams (second hand), a Democratic member (first hand) and the aforementioned Kavanagh (first hand) that they don't have the votes in the House to pass the sales tax referral, and the rest of the package won't come close to making a serious dent in the deficit.
Grover Norquist's organization has already weighed in - launching a broadside at the Senate Rs who voted for the referral.
As an aside, could someone tell me where in AZ Norquist is registered to vote? I mean, I can understand the three legislators from that district listening to him (not that I agree with what he has to say), but why aren't the rest of the Rs simply pointing him in the direction of his own legislators?
Anyway, it looks like the package, or at least the sale tax referral, is dead unless the Rs get some permanent tax cuts for big business which will remove any Democratic support for it. And if the package changes in any way, it has to go back to the Senate for approval of any changes.
And given that it passed with the minimun number of votes necessary, any changes would likely end its chances of passage in the Senate.
...No agenda has been posted for House Rules, but the package will probably be considered tomorrow, if Adams thinks he can pull together the floor votes to make Rules consideration worth the effort. In a twist, Adams has submittee three technical corrections bills (HB2001, HB2002, and HCR2001) over in the House that have also been assigned to Rules. Not sure what is going on there yet, but I expect that they will be used as "vehicle" bills for his efforts to salvage something out of the Sixth Special Session of the 49th Arizona Legislature.
Later...
Senate Approps - regular session
Now they're on regular session stuff.
Most of the agenda was mundane, so I didn't post on that.
But now we are up to the good stuff.
SCR1015, with a Pearce striker to refer TABOR-like restrictions on state revenues to the ballot.
Pearce is talking about the bill as a way to prevent future budget crises. He's trying to present the bill as harmless. Aboud doesn't seem to be buying it.
Pearce says this would allow for growth but not "extreme spending."
Aguirre doesn't seem to be buying into Pearce's spiel either.
Pearces says the bill is not "TABOR," but specifies that TABOR is about spending caps and this bill is about revenue caps.
OK, this is degenerating into an ideological debate on tax cuts vs. rebates, and has nothing to do with the crisis facing the state. Yawn.
Pearce is complaining about how little of the budget that the lege controls. Apparently wants to use this as a backdoor around Prop 105 so he can cut voter-mandated programs (not sure of this, will need to read the specific language later...)
Gould says this isn't TABOR, and states that Colorado voters should have just suspended it instead of repealing it.
It's TABOR, folks.
An AARP lobbyist is now speaking. They are nervous about it.
Bill passes on a party-line vote.
SCR1033. a proposal to refer a repeal Prop 105 to the voters up next.
Aboud asks how much in appropriations is protected by Prop 105. Billions.
Pearce decries Prop 105 because is was rooted in a movement to decriminalize marijuana (only he called it "legalizing heroin"). Says a tax increase would not be on the table today if it wasn't for Prop 105.
Calls it "taking the handcuffs off of" the elected legislature.
Harper supports it, but doesn't think it will pass because of all the groups that have benefitted from it will fight it.
A lobbyist from Americans for Tax Reform, Barry Aarons, is speaking in favor of this measure. Says that Prop 105 removed the lege's ability to act as a check on the public.
He's right, but that was the point in the first place - the lege had abused its power and was slapped down for its trouble.
Sandy Bahr of the Sierra Club is signed in against but not speaking.
Sylvia Allen is voting yes, but blathering on about it, while John Kavanagh, Pearce's analog in the House, walks in with a huge smile on his face.
Pearce is now blaming George Soros for the troubles of the state. No joke.
Vote went as expected - party-line pass, Rios out of the room and not voting. Not sure why.
Meeting adjourned after about an hour and 20 minutes.
Special Session - Senate Floor Session
2:15 - Aboud opposes because even if voters approve it, it won't balance the budget and that cuts are still coming.
2:13 - Gould opposes because he only wants to cut services. Cites pledge to Norquist, but says it is a pledge to the voters in his district. Votes no.
2:12 - Harper voting no because it isn't coupled with automatic tax cuts.
2:11 - Vote still open. Burton Cahill has been switching her vote back and forth. Gould still hasn't voted, and neither has Burns. As it stands, the measure needs one more "yes" vote.
2:08 - McCune Davis thinks that this isn't a workable solution and votes no.
2:07 - Sylvia Allen is "really ticked off at everybody" for placing them in such a tough place. Votes yes.
2:03 - SCR1001, sales tax hike referral. This one may fail, and kill the whole thing. Cheuvront argues that this is a tough one, but it still is only giving the voters the final say.
2:02 - Aboud calls it just closing a loophole. Votes aye. Bill passes 21 - 7.
2:00 - SB1005, standard deduction adjustment, needs a 2/3 vote. Gould opposes. Again.
1:59 - SB1004, Lottery reauthorization. This one could be very interesting. Or not. Passes 19 - 9.
1:58 - SB1003, Lottery revenue bonding and sale/leaseback of state assets. This one could be interesting, but it will pass. It does, 18 - 9 - 2 vacancies.
1:57 - SB1002, Education payments rollovers. Bill passes.
1:56 - Vote still open. Now closed, Passes with 2/3 majority.
1:54 - SB1001, special election call. Needs 2/3 to pass with an emergency clause.
1:53 - Gould being a jerk, calls division on a procedural motion. Motion passes.
1:52 - Chuck Gray looking for script. Finds it.
1:51 - Third Read session resumes.
1:50 - SCR1001 passes COW. COW session ends.
1:49 - Rios understands concerns that the amendment could place a burden on specific industries but also understands that the proposal would place a burden or Arizona's working families. Calls on corps to be good neighbors. Amendment fails.
1:45 - Sylvia Allen opposes amendment because it would hurt mining industry. Gould opposes too. As does Melvin.
1:42 - Chuck Gray opposes because housing and construction industries use gravel.
1:41 - Burns opposes amendment because there hasn't been enough time to talk about it. In plain English - "Hey! This railroad is running on time Rios! Quit trying to gum up the works!"
1:37 - Rios floor amendment offered to add in mining severance tax and sand and gravel TPT due to fairness issues - those industries were given a special break years ago, but now should be included in a tax hike that affects the rest of Arizona.
1:37 - SCR1001, sales tax referral to ballot.
1:35 - SB1005, standard deduction adjustment for out of state filers. Passes COW.
1:34 - Gould opposes because it is borrowing. No Harper amendment offered. Passes COW.
1:33 - SB1004, lottery reauthorization and bond repayment.
1:32 - Gould opposes bill on Constitutional grounds, claiming incurs state debt. Passes COW.
1:31 - SB1003, lottery revenue bonding and sale/leaseback. Passes.
1:31 - SB1002, education rollover, passes COW.
1:30 - COW passes SB1001, special election. No amendments or debate.
1:29 - First hiccup - a motion to limit debate to 2 minutes per senator per motion failed.
1:26 - Barbara Leff chairing Committee of the Whole.
1:26 - 2nd read and moving into Committee of the Whole (COW)
1:25 - 28 in attendance, 2 vacancies.
1:23 - Taking attendance
Senate Republican Caucus meeting on the Special Session budget bills
SCR1001 - Sales tax hike referral to voters.
No comments
SB1005 - Deduction adjustment for out of state filers.
Gray wonders if this is ex post facto because it is retroactive to the beginning of the tax year. It isn't.
Gould says it is an ex post facto tax. Something tells me he will be voting against this one.
SB1001 - Special election.
Some questions, but no serious comments.
SB1002 - Education rollovers
No serious comments, though Sen. Leff wondered if there will be $ available to make the deferred payments.
SB1003 - Lottery revenue bonds and sale/leaseback of state assets.
Harper wonders if the general public will have the opportunity to buy the bonds. A: yes.
Gould thinks this violates the AZ Constitution provisions against state debt. Leff says it doesn't. Gould says it dees.
SB1004 - Lottery stuff.
Harper will run a floor amendment to oppose a Native casino in Glendale. It would allow cities to open casinos if a tribe opens a casino off of its reservation. Wants an "economic war" with the tribes.
Verschoor wonders if they let the lottery expire if that would force tribal casinos to shut down due to the language of the gaming compact. A: Not sure.
Sylvia Allen wonders if an off-reservation casino would allow the state to break the compact and more strongly regulate tribal gaming. A: No. Federal law trumps state law in this area.
Leff wonders if the amendment is germane to the proclamation calling for the special session and asks for a ruling from the Rules attorney.
Gould doesn't think Harper's amendment would work.
Pearce decries the possible spread of gambling and the potential effects.
All bills out of caucus.
Caucus adjourned at 11:29.
Overheard at the lege...
1. Apparently, it may not matter what happens in the Senate this time - House Speaker Kirk Adams has told MSM types that he doesn't think they have enough votes in the House to pass the package.
2. Sen. Jack Harper (R-Surprise!) has said that he will vote against all of the measures except the education money rollovers when they reach the floor. That may change between now and that time, but that is what he said while BS-ing with a couple of folks in the gallery while waiting for the meeting to start.
Senate Rules
Now, they are mulling a possible Prop 105 conflict with SB1004. Passes. Meeting over in 3 minutes.
Live blogging Senate Natural Resources
10:10 - Consider amendment to make the change retroactive to tax year 2010. Some confusion if amendment is OK as written. After discussion, it is determined to be fine. Adopted.
10:09 - SB1005, tax deduction adjustment for out of state filers.
10:08 - SB1004 passes unanimously. This train is now running on time.
10:08 - Adopt technical amendment.
10:07 - SB1004, repayment of lottery bonds.
10:07 - Passes unanimously.
10:06 - Adopting a technical amendment by voice vote.
10:03 - SB1003 - Lottery revenue bonding and sale/leaseback of state assets.
10:02 - No debate, passes unanimously.
10:01 - SB1002 - Education funding payment rollovers.
10:00 - No debate. Vote starts. Passes unanimously.
9:59 - SB1001 - special election in May. Senate President Burns walks in and talks to a staffer. Not close enough to overhear. :(
9:56 - No debate. Roll call started. Aguirre votes no, citing impact on poor families. Sylvia Allen and Hale aye, Landrum-Taylor cites the impact of deep cuts to services, votes aye; Melvin says he is voting aye in committee but hints that he will vote against it on the floor; Pierce votes aye; Nelson, the chair, votes aye because it is a referral to the voters. Passes 6 - 1.
9:55 - SCR1001, sales tax referral.
9:53 - Gavelled into session.
Waiting for the start of the special session committee hearing
For those of you watching at home. :)
Monday, February 01, 2010
The timing of the special session could be very important
A lot of tea leaf reading is going into the makeup of this post, so everything in it should be read with that in mind - this post is taking the bones of a few possibly related facts and putting them together.
And hoping it all doesn't come out looking like Frankenstein's monster. :)
It's looking more and more like the budget package had better pass this week, perhaps by Wednesday, or the Rs in the Senate may pull together enough votes to kill it next week, particularly the referral of a proposed temporary sales tax increase to the ballot.
The possibly related facts:
- The GOP PCs in LD6 were scheduled to meet on Monday evening to select three candidates for the Maricopa County Board of Supervisors to choose from when the supes select a replacement for the recently resigned State Sen. Pam Gorman.
- The supes have a special meeting scheduled for Wednesday at 9 a.m. No agenda posted as yet, but it will be easy to set up an item to consider the appointment of an LD6 state senator.
- The LD7 Republican PCs will be meeting on Thursday to select possible replacements for the recently resigned State Sen. Jim Waring.
- The supes have a regularly scheduled meeting on tap for Monday morning. No agenda posted as yet, but again, it would be easy to add a senator selection to that agenda. And if the supes don't do the LD6 selection on Wednesday, they could squeeze in both during next Monday's meeting.
In other words, the R caucus in the Senate could be back at full obstructionist strength by next Monday afternoon.
Should make for an interesting week at the lege...
North Indian Bend Wash - Community Involvement Group meeting
Hi all,The agenda mentioned in the email -
Just a reminder that we'll meet on Wednesday, February 17, 5:30 pm at the Scottsdale Center for the Performing Arts (enter at 7380 Second St.). Our meeting room will be on the main floor, Stage 2.
Attached is the agenda which will also be going out by mail to our site mailing list.
Looking forward to seeing all of you.
Best,
Vicki
NORTH INDIAN BEND WASH SUPERFUND SITE
COMMUNITY INVOLVEMENT GROUP
WEDNESDAY, FEBRUARY 17, 2010
5:30 PM – 7:30 PM
SCOTTSDALE CENTER FOR THE PERFORMING ARTS
7380 E. SECOND ST.
STAGE 2 – MAIN FLOOR
AGENDA
1. Welcome and Introductions
Vicki Rosen, Community Involvement Coordinator, U.S. EPA
2. Recent Valve Incidents at Various Locations and Status of Miller Road Treatment Facility (MRTF) Workplan
Rachel Loftin, Project Manager, U.S. EPA
3. Water Sustainability in Scottsdale
Marshall Brown, Executive Director, Water Resources, City of Scottsdale
4. Update on MRTF Rehabilitation Program
Jim Lutton, Consultant to Participating Companies
5. Upcoming Five-Year Review
Rachel Loftin and Vicki Rosen
6. Questions & Answers
Because of my work schedule, I may not be able to attend this particular meeting. However, it should be well-attended because many of the residents of the NIBW are *very* interested in what is going on here.
More updates as they become available.
JLBC agenda for Tuesday
The agenda looks interesting, but don't rush to the lege on Tuesday expecting to witness governance in action - the agenda is split between an executive session and a public session.
The 11 items on the public agenda are all reports from various relating to revenue matters and will be considered as one motion (meaning the relevent agencies will submit written reports and the members of the JLBC will accept them for later reading/ignoring.
Nope, the really interesting stuff is the stuff they are hiding behind "executive session."
The "fun, but not-to-be-witnessed-by-the-taxpayers" part of the agenda -
EXECUTIVE SESSION
A. Arizona Department of Administration, Risk Management Services - Consideration of Proposed Settlements under Rule 14.
B. State Department of Corrections - Review of Request for Proposals for 5,000 Private Prison Beds per A.R.S. § 38-431.03A2.
C. State Department of Corrections - Review of Request for Proposals for Privatization of Correctional Health Services per A.R.S. § 38-431.03A2.
D. Annual Performance Review per Rule 7.
I can't even make a guess about items A and D, but items B and C sparked a couple of memories, and a little research was all it took to bring things into focus.
On November 9, 2009, the Prison Health Services Inc. Political Action Committee was formed (filer ID 201000299). This committee hasn't filed its January 31 financial report yet.
On June 9, 2009, the GEO Group Inc. Political Action Committee was formed (filer ID 201000125). This committee has filed a report, one showing no activity through the end of 2009.
Prison Health Services Inc., based in Tennessee, is a subsidiary of America Service Group, Inc. What they do is pretty much self-evident from the name.
The Geo Group of Florida is an operator of private prison facilities, including three in Arizona.
It's rather interesting that the state is looking to privatize operations in the bailiwicks of two out of state corporations that just happened to recently form PACs in Arizona.
Let me be clear - I am not yet accusing anyone of wrongdoing.
At the same time, I don't believe in coincidence, either.
Later...
The other mitten is off - Sixth Special Session called
From the proclamation -
1. Adjustments to address the fiscal year 2009-2010 state budget, including additional education rollover payments and sale-leaseback of state assets.
2. A referendum to the voters to impose a temporary tax for the purpose of raising state revenues necessary to protect essential state services.
3. Proration of income tax deductions for out of state filers.
4. The issuance of lottery revenue bonds, including required adjustments to the state lottery program.
Bills on those subjects have already been dropped, with 3 R and 3 D sponsors and cosponsors -
SB1002 has the education payment rollovers (hosing the state's schools by shifting some of the state's fiscal distress onto the state's students and teachers)
SB1003 has the sale/leaseback of state assets (aka - borrowing money and using state buildings as collateral to secure those loans)
SB1001 has the provisions for a special election in May for the temporary sales tax hike proposed in SCR1001
SB1005 has the tax deduction adjustment language
SB1004 has the lottery revenue bonding provisions
The Senate bills have been referred to the Senate's Natural Resources, Infrastructure, and Public Debt Committee for a hearing on Tuesday at 9:30 a.m. in SHR109.
Yes, I noticed that the bills weren't referred to Appropriations, too.
Hmmmm....
Russell Pearce, chair of Senate Approps, may not be on board with this stuff, which would be a good reason to keep the bills far away from his committee.
Anyway, after Natural Resources consideration, the bills are scheduled to be heard in the Rules Committee.
The usual practice in these *special* sessions has been for both chambers of the lege to consider their own separate but identical bills and then for one chamber to "substitute" the other chamber's bills into their own equivalent bills. However, thus far there aren't any bills on the House side. Not sure what that means, but it *may* not bode well for the package's prospects for passage through the House. Time to adopt a "wait and see" posture in that regard.
I'm going to try to get down to the legislature on Tuesday to watch some of the fireworks (if Pearce and the Rs over in the House aren't on board)/boring set-piece (if they are on board) in person.
Later...
House Democrats call for bipartisan approach to solving the state's budget mess
From the press release -
In the House Appropriations Committee Wednesday, Republicans wanted two competing budget worksheets or have a process with parallel bills from the two parties, which is the same process they used last year that failed to solve the budget. Republicans did not want to work together in the committee Wednesday to create a joint worksheet.From the letter (sorry, no link available) -
"That kind of divisive mindset won't solve anything because a parallel process is not a bipartisan process," said Rep. David Schapira, D-Tempe (District 17), a member of the Appropriations Comitteee. "The facts are simple. Competing budgets get us nowhere and we end up with more slash and burn cuts to jobs, education and health care, and an even bigger budget deficit."
We've see this process before, we saw it last year. Republicans create their own budget, Democrats create their own budget, a Republican governor creates her own budget, and they all hit dead ends.
My idealism tells me that the efforts of the House Dems will be rewarded, but my natural cynicism (combined with the experience of the last year) tells me that their efforts will again be rebuffed by the blind ideologues that occupy the offices of the Governor and the R leadership in the lege.
Still, one can hope, and I am a life-long Red Sox fan - we've learned that sometimes hope is rewarded.
Just so the reward for this hope doesn't take 86 years to be realized - Arizona can't afford it to take that long...
Triumph of fear over reason
From the BBC -
Last year, in a series of "town-hall meetings" across the country, Americans got the chance to debate President Obama's proposed healthcare reforms.
What happened was an explosion of rage and barely suppressed violence.
Polling evidence suggests that the numbers who think the reforms go too far are nearly matched by those who think they do not go far enough.
But it is striking that the people who most dislike the whole idea of healthcare reform - the ones who think it is socialist, godless, a step on the road to a police state - are often the ones it seems designed to help.
The article goes on to examine the tendency of many (OK, "too many") American voters to place a higher value on politicians who tell simple (even simplistic) stories than on those who understand policy and facts, and how Republicans have taken advantage of the tendency, and not just in the debate over health care reform.
The article is an interesting one. I recommend reading it when you have a chance.
The Coming Week - Legislative Edition
Cross-posted from Blog for Arizona...
Except where indicated, all info gathered from the website of the Arizona legislature, and subject to change without notice.
There is a strong rumor that there will be a special session called this week to address (again!) the budget deficit for the current fiscal year. If that happens (and that is a big "if"), look for something resembling some actual bipartisanship.
Not because the R leadership has gotten reasonable in its dotage. However, with the resignations of state Sens. Gorman and Waring, the Rs are down 2 votes in the Senate. They'll need D votes to get any budget package past Ron Gould, who is voting against anything that doesn't cause the shutdown of state government.
On the Senate's committee docket this week...
- The Rules Committee will meet on Monday in Caucus Room 1 after adjournment of the Senate floor session. There are 35 bills on the agenda, but that committee isn't much more than a rubberstamp/gatekeeper for Senate President Bob Burns. They'll average one bill per minute.
- Natural Resources, Infrastructure, and Public Debt will meet on Monday at 1:30 p.m. in SHR109. Highlights of this agenda include consideration of SB1036, the now-resigned Jim Waring's scheme to bar municipalities from doing anything to regulate private waste haulers, and consideration of the reappointment of Maria Baier as State Land Commissioner. Generally, these things are mere formalities, but Baier is known as one of that rapidly vanishing breed, the "moderate" Republican. The Rs on the committee (Sylvia Allen, Melvin, Nelson, Steve Pierce) may choose give her a hard time, though that would be a little surprising.
- Judiciary will meet on Monday at 1:30 p.m. in SHR1. This one has a couple of Russell Pearce's bills to help turn AZ into an armed encampment.
- Commerce and Economic Development will meet on Tuesday at 1:30 p.m. in SHR1. The agenda looks pretty inoffensive thus far.
- Appropriations will meet on Tuesday at 1:30 p.m. in SHR109.
This one is possibly the lowlight of the week.
It's got a striker to SCR1015 that would send to the ballot TABOR-like restrictions on government appropriations (from Russell Pearce, of course). It also has Pearce's SCR1033, a plan to completely repeal the Voter Protection Act and open up all voter-approved measures to legislative meddling and/or repeal.
- Public Safety and Human Services will meet on Wednesday at 9 a.m. in SHR3. The agenda is a long one, but the worst bill may be SB1011, the R plan to arm faculty members at the state's schools.
- Healthcare and Medical Liability Reform will meet on Wednesday at 9 a.m. in SHR1. Looks quiet so far.
- Education Accountability and Reform will meet on Wednesday at 1:30 p.m. in SHR1. Contains a number of bills relating to charter schools and STOs. Bad, but not as putrid as the Pearce stuff on the agendas of some of the other committees.
- Government Institutions will meet on Thursday at 10:30 a.m. in SHR1. The agenda has a couple of interesting bills up for consideration - SB1262, which repeals a ban on former legislators lobbying the lege within a year of leaving the lege, but then reinstitutes the ban in a later clause, and SCR1038, a measure, that if approved by the voters, would reduce legislative salaries by 20% for two years.
Over on the House side...
- Ways and Means will meet on Monday at 2 p.m. in HHR1. This agenda includes nuggets like HB2510, which bars a municipality from imposing a sales tax on real property leases between a parent company and one of its subsidiaries; HB2512, barring municipalities from contracting with third parties for the collection of Transaction Privilege Taxes (note: more than 84% of the state's incorporated municipalities contract with the state's Department of Revenue to do just that. I'm not sure how this bill would affect that situation.); and HB2502, lowering (I think) the taxes on property used to generate solar power.
- Natural Resources and Rural Affairs will meet on Monday at 2 p.m. in HHR4. Seems quiet so far.
- Education will meet on Monday at 2 p.m. in HHR3. This agenda includes HB2386, making changes in the way school districts can conduct override elections.
- Banking and Insurance will meet on Monday at 2 p.m in HHR5. Quiet.
- Public Employees, Retirement, and Entitlement Reform will meet on Tuesday at 2 p.m. in HHR3. Quiet.
- Government will meet on Tuesday at 2 p.m. in HHR4. The agenda is full of measures that mess with municipalities' revenues and abilities to govern their communities but the worst may be HB2596, severely limiting the ability of municipalities to apply zoning regulations to religious institutions.
- Environment will meet on Tuesday at 2 p.m. in HHR5. The agenda is short, but ugly. Items on it include HB2248, barring the state from participating in the Western Climate Initiative, and HB2442, barring any state agency from adopting a rule regulating the emission of greenhouse gases without express legislative approval.
- Military Affairs and Public Safety will meet on Wednesday at 9 a.m. in HHR3. The lowlight here is HB2347, drastically loosening the few restrictions on firearms possession in this state.
- Health and Human Services will meet on Wednesday at 9 a.m. in HHR4. There's a slew of bad here - HB2148, basically barring adoption by single people in all but limited circumstances; HB2224, enacting a list of rights of foster parents, which is good, but then including a clause making that list unenforceable, which is bad; HB2443, opting the state out of any federal health care reform, if such a state opt-out is part of the reform package; and HB2495, requiring the state's retailers to ask for the IDs of anyone using electronic benefit cards.
- Commerce will meet on Wednesday at 9 a.m. in HHR5.
- Appropriations will meet on Wednesday at 2 p.m. in HHR1.
- Water and Energy will meet on Thursday at 9 a.m. in HHR5.
- Transportation and Infrastructure will meet on Thursday at 9 a.m. in HHR3.
- Judiciary will meet on Thursday at 9 a.m. in HHR4.
Those last five agendas seem quiet thus far, or maybe I'm just getting tired. :)
Later...