Dear Friends –

It is already the end of May and I hope your Memorial Day weekend was restful and meaningful.  On holidays like this Joe and I make it a habit to tune into the Dennis Prager and Michael Medved  programs on 960 am (the Patriot) – two radio hosts who strive to keep meaning in the holidays.

Prager took calls from listeners wishing to recount the stories of men and women who have given their lives for the sake of American freedom and Medved’s three hour show featured the events, in much storied detail, leading up to the Revolutionary War. 

May God bless all our veterans and their families - especially those who have lost loved ones in the pursuit of liberty, both here and abroad.

Legislative activity continues - the ’08 Budget fix is finally agreed to and ’09 budget negotiations are progressing, albeit slowly.  The estimated $2.1 billion revenue shortfall poses a considerable challenge to balancing the state budget for next year. The process for other bills is moving at a snail’s pace but here is the latest on some of the more noteworthy bills.  As always, your feedback and comments are welcomed.

Barto Bills
First –the BIG news!

House Bill 2130 -the large lot residential tax reform bill I authored passed the Senate 22-8 and was signed into law by the Governor.  It took two sessions to see this change become reality but residential property owners will realize its benefits next tax year and for years to come. 

• Residents owning more than one acre of residential zoned property will be fairly taxed at the 10% residential rate rather than at the vacant land rate of 16%, helping them afford to keep their residential-zoned property.  
• Preserving open spaces will be a secondary benefit to urban communities.

Many thanks  to all who helped by contacting key Senators and writing letters in support of this common sense reform.  And a special thanks to Jerry Freeman, Cave Creek constituent in District 7, who brought this unjust tax policy to light.  Jerry was much involved in meetings with the County Assessors and testified persuasively before House Committees twice. 

To view the bill language, paste the following link into your browser: http://www.azleg.gov/legtext/48leg/2r/bills/hb2130h.pdf.

House Bill 2669 - Behavioral Health Task Force Bill, my bill forming a task force to evaluate the funding delivery system for drug, alcohol and mental health services, hit a snag in the Senate after passing the House 55-3.  The bill may be reconsidered for a second vote in the Senate before session’s end if we decide this will lead to a meaningful evaluation.  

House Bill 2521 – Birth Defects; Folic Acid Supplements bill - signed into law.  Currently the Dept. of Health Services is a distribution point for folic acid, a crucial nutrient preventing birth defects.  The bill allows DHS to contract with community health providers so women most likely to need the supplement can be reached. 

• Part of the strategy to end birth defects includes the Folic Acid Distribution and Education Program that, since 2002, has proven to lower the incidence of spina bifida and other neural tube defects in the state by about 22% by providing preventative information and folic acid supplements to women of childbearing age. 
• The program is truly saving lives, but it is not only saving lives, it is also saving significant resources since the medical costs, for one child with a neural tube defect are nearly $294,000 annually. 
• No additional funding was required to affect this policy change.
• The bill also allows the Department of Economic Security (DES) to use Chronic Disease Surveillance System (CDSS) data to notify families of children with birth defects of services available to them, assisting families with information and support at a time when it is most needed and effective.

House Bill 2682  - Physicians Assistants; Qualifications bill - signed into law.  

• Relating to the qualifications of physician assistants, the law provides the Arizona Board of Physician Assistants with a limited and narrow degree of discretion in determining whether or not to issue a license to an applicant who previously surrendered, relinquished, or gave up a license in lieu of disciplinary action by a regulatory board in another state if, and only if, that regulatory board subsequently reinstated the applicant’s license.
• Under current statute, the Board is prohibited from even considering such applications without regard to any unique circumstances. The Board retains the right to deny a license of such applicants.
• In light of the critical shortage of practicing medical professionals in Arizona, this change will allow qualified P.A.s to practice here if the Board recommends them for licensure.
• Brought to my attention by a District 7 constituent, the statute change will affect several identified P.A.s this year.

Other Issues
2nd Amendment Legislation
House Bill 2389 , would clarify that it is permissible to carry a weapon, without a concealed carry permit, visibly or concealed, anywhere within a means of transportation, excluding public transit.  

• Without this clarification, lawful gun owners can be in trouble if they happen to be passing through a “gun free” zone.  Passed the both houses and is headed for a conference committee before a final vote in the House and to the Governor.

House Bill 2629 , clarifies how and when a firearm may be displayed for defensive purposes. 

• Justifies the defensive display of a firearm when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against use or attempted use of unlawful physical force or deadly physical force.  Waiting for action by the Governor.

House Bill 2630 , VETOED by the Governor.  If signed, the bill…

• would have changed the classification of weapons misconduct to a petty offense for those carrying without a Concealed Carry permit and provided exceptions for serious and felony offenses. 
• would have prohibited the court from ordering the forfeiture of the deadly weapon involved in the misconduct involving weapons if the person was convicted of a petty offense.

Senate Bill 1214, not moving in the Senate.  This bill…

• would have addressed the current danger students and faculty may encounter since they are without the right to carry a concealed firearm on a community college or university campus.  So-called “gun free zones” are proving to be locations of choice for the deranged or person with ill-intent who would do great damage to fellow students or teachers who cannot lawfully defend themselves.   

Although the issue will not be given further consideration this session, expect it to resurface next year.

SCR 1042 - Marriage Referendum
This is the bill to let Arizona voters decide in November whether marriage should be defined as one man and one woman. Here is the proposed ballot language:
"Only a union of one man and one woman
shall be valid or recognized as a
marriage in this state."
Inquiring minds want to know:
Why is this action necessary when there is a DOMA (Defense of Marriage Act) in place in Arizona? 

• The recent California Supreme Court decision serves as a timely example of the need for an amendment to the Arizona Constitution – unelected judges may, at any time, overturn state statute defining marriage as the union of one man and one woman.
• All it will take is a subsequent challenge to Arizona law and another court may overturn our DOMA and prior court ruling.    Who should decide the definition of marriage?  The courts or the voters?
• The truth is that the previous ruling on marriage was made by the appellate court that sits in Phoenix.  Nothing prevents a different outcome from the appellate court in Tucson, nor does the previous ruling in any way bind the Arizona Supreme Court or a future legislature from changing marriage laws.
• The “unnecessary” argument is a thinly veiled ploy to leave marriage vulnerable to judicial and legislative attack.

 What is the big deal about defining marriage?
In court cases throughout our nation, we are seeing that "sexual liberty" is trumping religious liberty.

• In New Jersey, a church refused to rent its pavilion to a same-sex couple for a commitment ceremony because of the church's beliefs against homosexuality, and the state revoked the tax exemption on some of the church's land.
• In New Mexico, Christian photographers who refused to take pictures at a same-sex commitment ceremony were fined for "discriminating" on the basis of sexual orientation.
• An Arizona-based adoption web site can no longer do business in California unless they are willing to place children with homosexual parents, and Catholic Charities had to stop placing children for adoption in Boston because the state prohibited them from exercising their religious beliefs that children should not be placed with same-sex couples.
• Two Christian doctors are facing a lawsuit in California for refusing to artificially inseminate a lesbian woman, even though the doctors referred her to another provider who successfully performed the procedure. This case has now been appealed to the California Supreme Court, and in light of last week's ruling, the outcome is uncertain at best.

The grave threat to religious freedom posed by these decisions is only worsened by court rulings like the California decision from last week.   Furthermore, there is no residency requirement in California to marry, so couples may visit the state to marry, return to their home states to challenge their state’s marriage laws in court. 
Where are we now?

• Opponents have access to the same polling data and, to keep the measure from going to the ballot, engineered one procedural maneuver after another to thwart the vote in the House – but to no avail – the measure passed 33-25.  

The bill is awaiting a final vote in the Senate, allowing a referral to a vote of the people.  20 states have amended their constitutions defining marriage as between one man and one woman.
SB 1048, Partial-Birth Abortion
The first bill, which passed both the House and Senate with bi-partisan support, was vetoed.  A second bill on the subject passed the House, conference committee awaits a final vote in the Senate.
This bill includes revisions conforming the language to the federal version of the partial-birth abortion ban which, because there were slight differences in the Arizona proposal, was one of the reasons the Governor gave for her veto.
The main difference was the prison sentence.  The federal law limits a physician to not more than two years, whereas the state ban prescribed a Class 5 felony which carries only a 1 and ½ year prison sentence.  The sentence could not be increased unless there had been a prior felony conviction, which is highly unlikely for a practicing physician.
While explaining his vote in support of the measure, Rep. Warde Nichol’s compelling floor speech tells of a life destined for abortion which turned out quite differently. It’s definitely worth hearing.   To access Rep. Nichols speech, go here.

HOA Update
Senate Bill 1162 - condominiums; planned communities; legal actions is one of the strongest HOA bills still moving forward.  Its passage will make a big difference in limiting HOA board authority to stated CC&Rs.

• It changes procedures relating to legal actions regarding condominiums or planned communities.

• It stipulates that certain amendments to the declaration of a planned community (CC&Rs) are not effective without the approval of affected owners unless the declaration indicates that amendments to the declaration are possible.
• Waiting for a final vote in the Senate

CPS Legislation
Following several tragic deaths of children involved in the CPS system, legislative hearings resulted in a group of bills aimed at fixing several obvious flaws revealed through the process.  Here is a brief summary of each and how they are progressing:
HB 2453 children; open court proceedings.  Mandates that court proceedings regarding  dependent children, permanent guardianship, and termination of parental rights be open to the public. Transmitted to Governor.
HB 2454  public records; CPS information.  Specifies additional requirements for the  release of information to the public on Child Protective Services (CPS) cases of child abuse, abandonment or neglect that resulted in a fatality or near fatality.  Awaiting final House vote.
HB 2455 child protective services; records; duties.   Stipulates that files, records, reports  and other papers compiled in accordance with the termination of a parent-child relationship are subject to disclosure, rather than being withheld from public inspection.  Awaiting a final House vote.
HB 2594 CPS Court Orders.  Expands the duties of a Child Protective Services worker to  include promptly obtaining and abiding by court orders.  Signed by the Governor.
HB 2599 Missing children notification; procedures. Requires Child Protective Services (CPS) to notify and provide information to a law enforcement agency if it is reported that the child is at risk of serious harm and is missing. The information provided to law enforcement is required to be entered into state and national missing persons databases.  Signed into law.
Thank you for your continued interest. 
Sincerely,
Nancy Barto